HomeMy WebLinkAboutHMP 15-01; MARTIN RESIDENCE; Admin Decision Letter( .
July 7, 2017
("Cityof
Carlsbad
Caroline and Neil Martin
1878 Shadetree Drive
San Marcos, CA 92978
SUBJECT: HMP 15-01 (DEVlS00S) -MARTIN RESIDENCE -Request for approval of a Minor Habitat
Management Permit (HMP 15-01) associated with the development of a new two-story
single-family home consisting of 4,085 square feet and an 850 square foot garage. The
subject property is located on a vacant 0.47 acre parcel on the south side of Adams Street,
north of Agua Hedionda Lagoon, between Highland Drive and Park Drive (APN 206-200-
03) and within the Agua Hedionda Segment of the Local Coastal Program and Local
Facilities Management Zone 1.
Dear Mr. and Mrs. Martin,
The City Planner has completed a review of your application for a Minor Habitat Management Permit
(HMP 15-01) located on the south side of Adams Street, north of Agua Hedionda Lagoon, between
Highland Drive and Park Drive (APN 206-200-03). A notice was sent to property owners within a 300 foot
radius of the subject property requesting comments regarding the above request. No comments were
received within the ten day notice period (ending on June 30, 2017). After careful consideration of the
circumstances surrounding this request, the City Planner has made a decision pursuant to Section
21.06.070 of the City of Carlsbad Municipal Code to approve this request based on the following findings
and subject to the conditions listed below.
Findings:
1. That the Martin Residence project site is shown in Figure 28 of the approved HMP as a
"Development Area" and located adjacent to an "Existing Hard line Conservation Area," namely
the Agua Hedionda Lagoon.
2. That authorization to impact sensitive habitats through the removal of 0.22 acres of disturbed
land is subject to continuous compliance with all provisions of the Habitat Management Plan for
Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for
the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit,
and the Biological Opinio~.
3. That authorization to take species of concern 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). No take of species of concern is proposed or anticipated.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
HMP 15-01 (DEV15005) -MARTIN RESIDENCE
July 7, 2017
Page 2
4. That all impacts to habitat (0.22 acres of Group-F disturbed land) and all take of species will be
incidental to otherwise lawful activities related to construction and operation of the single-family
residence project. No take of species of concern is proposed or anticipated.
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
single-family home is proposed on the least environmentally sensitive portion of the site
consisting of HMP Group-F (disturbed land) habitat and all development observes a 100-foot
setback from wetlands, namely the Agua Hedionda Lagoon, which is identified in Figure 28 of
the approved HMP as an Existing Hardline Conservation Area. Two special-status plant species
(southwestern spiny rush and woolly seablite) located along the southern portions of the site
near the lagoon edge are within the 100-foot wetland buffer and protected by a proposed open
space easement. In order to prevent negative effects on the lagoon and the two special status
plant species, mitigation measures have been included with the project to address the interface
between the proposed development and the lagoon, which includes the 100-foot buffer,
fencing, fire management, erosion control, landscaping restrictions and exotic species control.
6. That the incidental take of species of concern 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. No take of species of concern is proposed or anticipated.
7. 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.
8. The City Planner of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the MARTIN RESIDENCE -HMP 15-01, the
environmental impacts therein identified for this project and comments thereon prior to
APPROVING the project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for
the MARTIN RESIDENCE -HMP 15-01, has been prepared in accordance with requirements
of the California· Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the City Planner of the City of Carlsbad; and
' ' l
HMP 15-01 (DEV15005) -MARTIN RESIDENCE
July 7, 2017
Page 3
d. based on the Initial Study and comments thereon, the City Planner finds that there is no
substantial evidence the project will have a significant effect on the environment.
9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public 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,
a. The project has been conditioned to provide proof from the Carlsbad 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 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
10. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
11. 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. The Developer shall apply for and obtain approval of a Coastal Development Permit issued by the
California Coastal Commission or its successor in interest that substantially conforms to this
approval. A signed copy of the Coastal Development Permit must be submitted to the City
Planner. If the approval is substantially different, an amendment to HMP 15-01 shall be required.
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
Permit.
HMP 15-01 (DEV15005)-MARTIN RESIDENCE
July 7, 2017
Page4
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Habitat Management 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. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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.
6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, HMP 15-01-MARTIN RESIDENCE.
7. 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 Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. At issuance of building permits, Developer shall pay to the City an inclusionary housing in-lieu fee
as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time,
as established by City Council Resolution from time to time.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Developer shall submit to the City a Notice of Restriction 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 Minor Habitat Management Permit
' ('
HMP 15-01 (DEV15005) -MARTIN RESIDENCE
July 7, 2017
Page 5
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.
13. 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.
14. 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
1, 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.
15. This project has been found to result in impacts to wildlife habitat or other' lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the City has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP), for 0.22 acres of Group-F (disturbed land) habitat.
If the In-lieu Mitigation Fees for this project are 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.
16. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
HMP 15-01 (DEV15005)-MARTIN RESIDENCE
July 7, 2017
Page 6
18. Developer shall dedicate an open space easement for those portions of the lot encumbered by
the 100-foot wetland buffer to prohibit any encroachment or development, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown
on Exhibits "A" -"T", dated July 7, 2017.
19. Approval is granted for HMP 15-01 as shown on Exhibits "A" -"T", dated July 7, 2017, on file in
the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
Engineering:
General
20. 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.
21. 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.
22. 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.
Fees/ Agreements
23. 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.
24. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
25. 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.
26. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private retaining walls and stairs located over
proposed public right-of-way or easements as shown on the site plan. Developer shall pay
processing fees per the city's latest fee schedule.
Grading
27. 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.
HMP 15-01 (DEVlS00S) -MARTIN RESIDENCE
July 7, 2017
Page 7
Storm Water Quality
28. 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.
29. 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.
30. 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.
31. 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.
32. The project design and SWQMP shall be revised as needed to comply with hydromodification
requirements and accommodate a maximum 96 hour drawdown time for water within the
storage vault unless an alternative means of compliance with the Carlsbad BMP Design Manual
(such as including in the final SQWQMP a vector control plan with justification for why the
required drawdown time cannot be met) is approved by the city engineer.
Dedications/Improvements
33. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street & public utility purposes as shown on the site plan. The offer shall be made by a separate
recorded document. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Streets that are already public are not required to be rededicated.
Additional easements may be required at final design to the satisfaction of the city engineer.
34. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems. ·
HMP 15-01 (DEV15005) -MARTIN RESIDENCE
July 7, 2017
Page 8
35. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
Utilities
a. Proposed street pavement widening.
b. Proposed curb, gutter, sidewalk water service and driveway.
c. Proposed guardrail if warranted after further analysis.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
36. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
37. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
38. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
39. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
40. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
41. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
42. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
43. 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.
. ' ~ .
HMP 15-01 (DEV15005) -MARTIN RESIDENCE
July 7, 2017
Page 9
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
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 $850.00. 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 free to
contact Jason Goff at (760) 602-4643.
Sincerely,
k. __
TERI DELCAMP
Principal Planner
TD:JG:sc
c: Jaime Bernal, Howard Anderson & Associates Architects, 2195 Carmel Valley Road, Del Mar, CA 92014
David Rick, Project Engineer
Don Neu, City Planner
File Copy
Data Entry
HPRM