HomeMy WebLinkAboutHMP 2023-0003; KHAWAR RESIDENCE; Admin Decision Letter□ FILE (Cityof
Carlsbad
November 21, 2024
Curtis lively
431 W Grand Ave., Unit 103
Escondido, CA 92025
SUBJECT: HMP 2023-0003 (DEV2023-0073) -KHAWAR RESIDENCE
The city has completed a review of the application for a Minor Habitat Management Plan Permit (HMP
2024-0005) for the clearing of habitat (0.46-acres of coastal sage scrub, and 0.57-acres of disturbed, non-
native habitat) to construct a single-family residence, associated accessory structures and landscaping on
property located at 3346 Venado Street (APN 223-250-12-00) and outside of the coastal zone. Pursuant
to Figure 28 of the Habitat Management Plan (HMP), the project is not located within an Existing or
Proposed Hardline Conservation Area or a Standards Area.
It is the City Planner's determination that the project is consistent with the City's Habitat Management
Plan and Chapter 21.210 of the Carlsbad Municipal Code and therefore APPROVES this request based on
the following:
Findings:
1. That the Khawar Residence project site is located outside of an Existing or Proposed Hardline
Conservation Area or Standards Area pursuant to Figure 28 of the HMP.
2. That authorization to impact sensitive habitats through the removal of 0.46-acrs of coastal sage scrub,
0.57-acres of disturbed, non-native habitat is subject to continuous compliance with alt provisions of
the Habitat Management Plan for Natural Communities in the City of Carlsbad, the Citywide Incidental
Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the
Incidental Take Permit, and the Biological Opinion.
3. That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill 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).
4. That all impacts to habitat (0.46-acrs of coastal sage scrub, 0.57-acres of disturbed, non-native
habitat) and all take of species will be incidental to otherwise lawful activities related to construction
and operation of the single-family residential project.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073)-KHAWAR RESIDENCE
November 21, 2024
Pa e 2
5. 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, the project is
located outside of an Existing or Proposed Hardline Conservation Area or Standards Area; the
conditions of approval for the project will reduce impacts to migratory birds and include payment
of all applicable Habitat Mitigation In-Lieu fees; and the HMP Habitat Mitigation In-Lieu Fee
Program and anticipated impacts to native habitat outside the preserve area and payment of the
in-lieu mitigation fee assists in conserving a full range of vegetation types remaining in the city, with
a focus on rare and sensitive habitats.
6. 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.
7. 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.
8. That the City Planner is authorized to sign the Take Permit.
9. The City Planner hereby finds that all development in Carlsbad benefits from the Habitat Management
Plan, which is a comprehensive conservation plan and implementation program that will facilitate the
preservation of biological diversity and provide for effective protection and conservation of wildlife
and plant species while continuing to allow compatible development in accordance with Carlsbad's
Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the
Open Space and Conservation Element of the City's General Plan which provides for the realization of
the social, economic, aesthetic and environmental benefits from the preservation of open space
within an increasingly urban environment. Moreover, each new development will contribute to the
need for additional regional infrastructure that, in turn, will adversely impact species and habitats.
The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City's Habitat Management Plan.
10. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15303(a), New Construction or Conversion of Small Structures, of
the state CEQA Guidelines. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 6 and all city public facility policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding sewer collection and treatment, water, drainage, circulation, fire, schools,
parks and other recreational facilities, libraries, government administrative facilities, and open space,
related to the project will be installed to serve new development prior to or concurrent with need.
Specifically,
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073} -l<HAWAR RESIDENCE
November 21, 2024
Pa e 3
a. The project has been conditioned to provide proof from the Encinitas-San Dieguito Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to
the issuance of building permit.
c. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of building permit.
12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever occurs first.
1. Approval is granted for Minor Habitat Management Plan Permit HMP 2023-0003, as shown on
Exhibits "A" -"F", dated November 21, 2024, incorporated by reference and on file in the Planning
Division. Development shall occur substantially as shown on the approved exhibit(s). Any proposed
grading and/or development substantially different from this approval as determined by the City
Planner, shall require an amendment to this Habitat Management Plan Permit.
2. 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 Minor Habitat Management Plan Permit.
3. Staff is authorized and directed to make; or require the Developer to make, all corrections and
modifications to the Minor 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.
4. 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073) -KHAWAR RESIDENCE
November 21, 2024
Pa e 4
5. 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 Minor 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.
6. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the City that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
7. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy No . 17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
8. This project has been found to result in impacts to wildlife habitat or other lands, specifically, 0.46-
acrs of coastal sage scrub, 0.57-acres of disturbed, non-native habitat, 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 for 0.46-acrs
of coastal sage scrub(Type D), and 0.57-acres of disturbed, non-native habitat (Type F) prior to
issuance of a grading permit. 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.
9. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of grading permit issuance.
10. This approval shall become null and void if grading permits are not issued for this project within 24
months from the date of project approval.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073)-KHAWAR RESIDENCE
November 21, 2024
Pa e 5
11. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Encinitas-San Dieguito Unified School District that this project has satisfied its obligation to
provide school facilities.
12. Removal of vegetation between September 14 and February 14, prior to project development,
would likely ensure that there would not be any constraints associated with the Migratory Bird
Treaty Act {MBTA) because this period generally avoids the avian breeding season. If removal of
vegetation during this period is not possible, then a qualified biologist shall conduct a nesting bird
survey within three (3) days of proposed vegetation removal to prevent any violations of the MBTA
and shall provide a copy of the report to the city. If active nests are identified and occupied by
protected species, construction activities shall be prohibited within the immediate vicinity of such
nests until such time as the young fledglings have left the nest.
13. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office of
the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a(n) Minor Habitat Management Plan
Permit on the property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development,, must be met prior to approval of a building or grading permit whichever
occurs first.
General
14. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
15. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
16. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
17. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Venado Street as shown on the Site Plan.
Commun ity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073)-l<HAWAR RESIDENCE
November 21, 2024
Pa e 6
Fees/ Agreements
18. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
20. Developer shall cause property owner to submit an executed copy to the city engineer for recordation
a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
22 . Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
23. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule .
24. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and
process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this
condition shall be reviewed and approved by the city engineer with final grading plans. Developer
shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.
25 . Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP
and applicable hydromodification measures.
Dedications/Improvements
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 (DEV2023-0073) -l{HAWAR RESIDENCE
November 21, 2024
Pa e 7
26. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
27. Developer shall design all proposed public improvements including but not limited to (sewer laterals,
streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as
shown on the site plan. These improvements shall be shown on one of the following, subject to city
engineer approval:
A .. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Additional public improvements required in other conditions of this resolution are hereby included in
the above list by reference. Developer shall pay plan check and inspection fees using improvement
valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
Utilities
28. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding
sewer infrastructure available or required to serve this project.
29. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding potable water infrastructure available or required to serve this project.
30. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding recycled water infrastructure available or required to serve this project.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer.
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 the 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
Commun ity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
HMP 2023-0003 {DEV2023-0073)-KHAWAR RESIDENCE
November 21, 2024
Pa e 8
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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $930. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel to contact Lauren
Yzaguirre at (442) 339-2634.
CITY OF CARLSBAD
~~
CLIFF JONES
Principal Planner
CJ:LY:CF
c: Osman & Gillian l<hawar, 3464 Corte Selva Carlsbad, CA 92009-8720
Linda Ontiveros, Project Engineer
Rosanne Humphrey, HMP Program Manager
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Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600