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Home My WebLink About2005-01-19; Planning Commission; ; CT 00-20X1A - HMP 05-01 - FOX MILLER PROPERTY^6 The City of Garlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: November 19, 2004 P.C. AGENDA OF: January 19, 2005 Project Planner: Van Lynch Project Engineer: Frank Jimeno SUBJECT: I. CT 00-20xlA/HMP 05-01 - FOX MILLER PROPERTY - Request for an amendment to the Tentative Map and approval of a Habitat Management Plan Permit for the Fox Miller Property located w^est of El Camino Real, north of Faraday Avenue and south of College Boulevard. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5811 and 5842 APPROVING an amendment to Carlsbad Tract CT 00-20x1A and Habitat Management Plan Permit 05-01 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The current owner of Carlsbad Tract CT 00-20x1, Fenton Carlsbad Research Center LLC, has requested an amendment to the conditions of approval of the Tentative Map (CT) for a five-lot industrial subdivision on a vacant parcel located west of El Camino Real, north of Faraday Avenue and south of College Boulevard. This proposed amendment of CT 00-20x1 would allow a United States Fish and Wildlife Service (USFWS) permit to be required prior to grading permit rather than prior to final map and a revision to the wording for the required public improvements to construct Salk Avenue. The deference of the USFWS permit would allow the tentative map for the project to go forward and record as a final map. The application also includes a Habitat Management Plan Permit (HMPP) for the "take" of Coastal Sage Scrub pursuant to the Habitat Management Plan (HMP) and previous environmental review. III. PROJECT DESCRIPTION AND BACKGROUND The approved project is for the subdivision of a 53.65-acre parcel into a five-lot industrial subdivision, including one open space lot. The 20.4-acre open space lot preserves a significant amount of sensitive habitat found on the property and hence requires approval fi^om the USFWS. The project is generally located west of El Camino Real, north of Faraday and south of College Boulevard. The Tentative Map was approved by Planning Commission Resolution No. 5240, on September 4, 2002. On November 3, 2004, the Tentative Map was extended for a one-year period to September 4, 2005, by Planning Commission Resolution No. 5773. The requested map amendment is to modify Condition No. 19 of Planning Commission Resolution No. 5240 to allow the deferral of permits required fi'om the USFWS to prior to grading rather than prior to final map. The present condition reads as follows: CT 00-20x1 A - FOX MILLER PROPERTY January 19, 2005 Page 2 "Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts ofthe Project; and, 2) obtain any permits required by the USFWS." The new condition would read as follows: "Prior to approval of the grading permit, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USFWS." The Engineering Department is also clarifying a condition to build Salk Avenue as part of the map amendment. The present condition, item number 3 of Condition Number 44 reads "Salk Avenue to industrial street standards." The new condition reads "Salk Avenue to industrial street standards from El Camino Real to its existing terminus. Prior to construction of the offsite portion from tlie westerly project boundary to tlie current terminus of Salk Avenue, the developer may enter into a reimbursement agreement with the city. Any monies for the reimbursement shall come from funds obtained from the property owner or developer of the project adjacent to and to the west of this project, where the offsite construction will take place." The new addition is to clarify the extent of the improvements required and funding for Salk Avenue, some of which are off-site improvements. The project site has a significant number of thread leaved brodiaea (Brodiaea Filifolia) plants on the property. The HMP lists the brodiaea, a narrow endemic species, as a covered species, which means that the plant would have adequate protection if the standards of the HMP were followed to protect and manage the plant population. The condition placed on the project requires the applicant to receive approval fi-om the USFWS of the mitigation plan for the preservation of the plants. The applicant is presently working with the USFWS to secure their approval. The HMPP authorizes the "take" of Coastal Sage Scrub related to the development of the property. With the adoption of the HMP, the City now has the authority and responsibiUty to issue "take" pennits for the removal of sensitive habitats. The impacts of the 2.66 acres of Coastal Sage Scrub "take" were analyzed during, and are consistent with, the environmental review of the Fox/Miller subdivision project. IV. ANALYSIS The modification ofthe condition fi-om "prior to ... final map..." to "prior to ... grading permit ..." still requires the condition to be fiilfiUed prior to any work being done on the site. The project would be allowed to continue processing the tract map, which is close to being able to be recorded. Recording the map would preclude the request for an additional one-year map extension and save staff and the applicant time and additional costs in processing map extensions. Staff is supportive of the requested amendment in that additional permits are required prior to grading which will continue to protect the sensitive plant species. The revised Engineering condition clarifies a condition requiring improvements to Salk Avenue, some of which are off-site improvements. The existing terminus of Salk Avenue is not at the Fox/Miller project boundary and must be extended a short distance to provide access to the Fox/Miller project. The project is responsible for the off-site extension as well as the on-site construction of Salk Avenue. CT00-20xlA-FOX MILlft PROPERTY ^ January 19, 2005 Page 3 With the recent approval ofthe HMP, the project also includes the approval of HMP 05-01, for the issuance of a "take permit." The project proposes the "take" of 2.66 acres of Coastal Sage Scrub. The issuance of the permit is based on the projects conformance with the hardline established within the 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. V. ENVIRONMENTAL REVIEW The modification of the condition from "prior to final map" to "prior to grading permit" only changes the timing of the fulfillment of the condition. The new conditions are equivalent to the previous conditions and will create no more adverse effect of its own than would have the original measure. No recirculation of the previously approved mitigated negative declaration is required as the condition was not within the environmental document and is a condition of, and incorporated into, the project approval. The issuance of the HMPP is consistent with, and a result of, the previously issued Mitigated Negative Declaration for the Fox/Miller project. The original project also included the improvements to Salk Avenue and there are no impacts or changes related to the modified condition. ATTACHMENTS; 1. Planning Commission Resolution No. 5811 (CT 00-20x 1 A) 2. Planning Commission Resolution No. 5842 (HMP 05-01) 3. Location Map 4. Disclosure Statements 5. Planning Commission Resolution No. 5240 (CT 00-20) 6. Planning Commission Resolution No. 5773 (CT 00-20x1) 7. Letter from Ladwig Design Group, dated November 19, 2004 SITE FOX MILLER CT 00-20x1 (A) Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council 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. Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, firatern&t organization, corporation, estate, trust, receiver, syndicate, m this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document, however, the legal name and entity of the applicant and property owner must be 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part ffzAilVU CAllU;e>W ^.^^/UiOf og>aW3fc_ UJ^ Title Title Address Address 1^?^' fi^&^iO^L/r^/U (Oe.. 2. OWNER (Not 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 common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part feAJT^*^ Cfi^liUfAO e^e/^ta-f^ c^Mf^h-Lc^ Title Title Address Address 77^ /H/Cr/loP''<'rr*^ PP- <7f^ OliS:C£>,CA. "^^^^t 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization 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 Profit/Tnjst_ Title Non Profit/Trust_ Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. 1 certify that all the above information is tme and correct to the best of my knowledge. e5. Print or type name of owner Sigftature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:APMIN\COUNTER\0ISGLOSURE STATEMENT 5/98 Page 2 of 2 Lciduiig Design Group, Inc November 19, 2004 Van Lynch City Of Carlsbad 1635 Faraday Avenue Carisbad CA 92008-7314 RE: Fox/Miller Tentative Map per Carlsbad Tract - CT 00-20X1 (LADWIG DESIGN GROUP JOB NO. L-1054} Dear Van: This is a request to amend condition number 19 of Planning Commission Resolution number 5240 as follows: "Prior to approval of the grading permit, the developer shall..." etc. The way the condition is written now, it says, "Prior to approval of the Final Map" etc. This wording is not a standard city condition. We understand that we need to have our agency permits before grading or any change to the land can occur. I have attached to this letter a completed Land Use review application form, a new disclosure statement, a marked up copy of Condition number 19, and a check from H.G. Fenton in the amount of $3165.00. Please process our request to amend condition 19 of PC resolution number 5240 Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lrd cc: Frank Jimeno, City of Carlsbad Allen Jones, H.G. Fenton Company Scott Brusseau, Newport National Corporation 703 pQlomar fiirport Rood • Suite 300 • Carlsbad, Cfi 92009 (760) 438-3182 •Fax (760) 438-0173 January 19, 2005 TO: PLANNING COMMISSION FROM: Deputy City Engineer - Development Services ERRATA FOR ITEM 1: CT 00-20x1A/HMP 05-01 - FOX MILLER PROPERTY Please make the following correction to PLANNING COMMISSION RESOLUTION NO. 5811: Delete from Condition No. 3 on page 3 everything after the first sentence. The condition will now read as follows: 3. Salk Avenue to industrial street standards from El Camino Real to its existing terminus. January 11, 2005 TO: ASSOCIATE PLANNER - VAN LYNCH FROM: Associate Engineer Jimeno CT 00-20x1A: FOX MILLER - PC CONDITION NO. 44 MODIFICATION The Engineering Department requests that the following addition be made to a project condition to clarify its intent: Add to Condition No. 44 Item 3 of PC RESO NO. 5240 to read as follows: 3. Salk Avenue to industrial street standards from El Camino Real to its existing terminus. Prior to construction of the offsite portion from the westerly project boundary to the current terminus of Salk Avenue, the developer may enter into a reimbursement agreement with the city. Any monies for the reimbursement shall come from funds obtained from the property owner or developer of the project adjacent to and to the west of this project, where the offsite construction will take place. C City Engineer Glenn Pruim Deputy City Engineer Bob Wojcik January 10, 2005 TO: ASSOCIATE PLANNER-VAN LYNCH FROM: Associate Engineer Jimeno jt^ CT 00-20xlA: FOX MILLER - PC CONDITION NO. 44 MODIFICATION The Engineering Department requests that the following addition be made to a project condition to clarify its intent: Add to Condition No. 44 Item 3 of PC RESO NO. 5240 to read as follows: 3. Salk Avenue to industrial street standards from El Camino Real to its existing terminus. C City Engineer Glenn Pruim Deputy City Engineer Bob Wojcik