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HomeMy WebLinkAbout2008-02-06; Planning Commission; ; CT 02-17X1/HDP 02-0SX1/HMPP 05-04X1- SHELLEY PROPERTY'e City of Carlsbad Planning Departm. A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: February 6, 2008 ItemNo. 8 Application complete date: July 13, 2007 Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: CT 02-17xl!HDP 02-0Sxl/HMPP 05-04xl -SHELLEY PROPERTY - Request for approval of a retroactive two year extension of Tentative Tract Map CT 02-17, Hillside Development Permit 02-08, and Habitat Management Plan Permit 05-04 to subdivide and grade an 81.3 acre site into 49 standard single- family lots and three open space lots generally located southeast of Rancho Santa Fe Road along the City's eastern boundary in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6383, 6384 and 6385 APPROVING a retroactive two year extension of Tentative Tract Map CT 02-17, Hillside Development Permit HDP 02-08, and Habitat Management Plan Permit 05-04 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant has requested a retroactive two year time extension of Tentative Tract Map CT 02- 17, Hillside Development Permit 02-08, and Habitat Management Plan Permit 05-04 to subdivide and grade an 81.3 acre site into 49 standard single-family lots and three open space lots generally located southeast of Rancho Santa Fe Road along the City's eastern boundary in Local Facilities Management Zone 11. The requested two year extension would allow the owner to preserve existing property entitlements, while processing grading, improvement, and landscape plans and a final map. III. PROJECT DESCRIPTION AND BACKGROUND The project site is an 81.3 acre property located southeast of Rancho Santa Fe Road on the eastern terminus of Camino Junipero and along the City's eastern boundary in the southeast quadrant. The site is surrounded to the north by open space, to the south by large lot residential development in the City of Encinitas, to the east by vacant land in the County of San Diego, and to the west by single-family development located within the Villages of La Costa Master Plan. On August 17, 2005, the Planning Commission conducted a public hearing for the project which consisted of a General Plan Amendment, Tentative Tract Map, Hillside Development Permit, and Habitat Management Plan Permit. Staff recommended approval, finding the project consistent with the General Plan, Zoning Ordinance, Hillside Development Ordinance and Guidelines, and the Habitat Management Plan. The Planning Commission discussed the merits CT 02-17x1/HDP 02-08x.MPP 05-04x1-SHELLEY PROPER~ February 6, 2008 Pa e 2 of the application, and voted 6-0-1 (Cardosa absent) to recommend approval of the project to the City Council. On September 27, 2005, the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approved the General Plan Amendment, Tentative Tract Map, Hillside Development Permit, and Habitat Management Plan Permit. The project was approved on September 27, 2005, subject to the condition that the final map be processed within 24 months. The project approvals expired on September 27, 2007. However, the applicant made a timely filing for an extension of the project on July 13, 2007, prior to expiration of the Tentative Map. Staff has received the application and has scheduled the extension in accordance with Section 66452.6 of the Subdivision Map Act. Staff recommends that the Planning Commission approve the requested two (2) year Tentative Map extension retroactively from September 27, 2007, resulting in a new expiration date of September 27, 2009. Additionally, it is recommended that the Hillside Development Permit and Habitat Management Permit be extended concurrently with the Tentative Map. The applicant has made significant progress in the processing of the Final Map, Grading Plans, Improvement Plans and Landscape Plans. Three plan reviews of the project have been made. The applicant is also working with Habitat Conservation managers to prepare and record the documents for the habitat conservation area. IV. ANALYSIS According to Section 20.12.11 O(a)(2) of the Carlsbad Municipal Code (CMC), no extension shall be granted or conditionally granted unless the Planning Commission (or City Council on appeal) finds: 1. That the design and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21, and any public facility or growth management policies in existence at the time the extension is approved. The project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. 2. That the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision. The applicant has completed three plan checks with the City of the necessary documents to obtain the approval of the Final Map, Improvement Plans, Grading Plans, and Landscape Plans. The applicant has also been working on securing a conservation entity to manage the open space portion of the project. 3. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the Tentative Map. CT 02-17xl/HDP 02-08x&tPP 05-04xl-SHELLEY PROPER. February 6, 2008 Pa e 3 A condition has been added establishing that Hillside Development Permit 02-08xl and Habitat Management Plan Permit 05-04xl will expire concurrent with the Tentative Map. 4. That such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the Tentative Map. The project remains in compliance with current standards of Title 21. The project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. The original conditions of approval contained within City Council Resolution No. 2005-294 dated September 27, 2005 which incorporate Planning Commission Resolutions No. 5954 (CT 02-17), 5955 (HDP 02-08), and 5956 (HMPP 05-04) are still applicable to the project, with the exception of the following: 1. The following Engineering Conditions contained within Planning Commission Resolution No. 5954 (CT 02-17) will be deleted and replaced with new revised language: Engineering Condition No. 50 has been deleted and replaced with Condition No. 10; Engineering Condition No. 51 has been deleted and replaced with Condition No. 11; Engineering Condition No. 53 has been deleted and replaced with Condition No. 12. 2. New Conditions No. 13-19 have also been added to Resolution No. 6383 (CT 02-17xl) requiring the developer/owner to execute hold harmless agreements, a cross lot drainage deed restriction, encroachment agreement, and comply with current storm water and Low Impact Design regulations. 3. Condition No. 73 of Planning Commission Resolution No. 5954 (CT 02-17) has been deleted and replaced with Condition No.9 of Planning Commission Resolution No. 6383 (CT 02-17xl) establishing the new expiration date of the Tentative Map. V. ENVIRONMENTAL REVIEW On September 27, 2005, the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (City Council Resolution No. 2005-294) for the Shelley Property. Staff has reviewed the request for the Tentative Map, HDP and HMPP extension and the Planning Director has determined that; the project complies with and is within the scope of the prior environmental documents, the project has no new significant environmental effect not analyzed in the prior Mitigated Negative Declaration, and none of the circumstances requiring a subsequent Negative Declaration under CEQA Guidelines Section 15162 exist. No further CEQA analysis or action is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6383 (CT 02-17xl) 2. Planning Commission Resolution No. 6384 (HDP 02-08xl) 3. Planning Commission Resolution No. 6385 (HMPP 05-04xl) 4. Location Map 5. Request for Tentative Map Extension CT 02-17x1/HDP 02-08xiMPP 05-04x1-SHELLEY PROPER~ February 6, 2008 Pa e4 6. Disclosure Statement 7. Background Data Sheet 8. Local Facilities Impact Form 9. City Council Resolution No. 2005-294 10. Planning Commission Resolution No. 5954 (CT 02-17) 11. Planning Commission Resolution No. 5955 (HDP 02-08) 12. Planning Commission Resolution No. 5956 (HMPP 05-04) 13. Reduced Exhibits Ladwig Design Grou p, Inc. July 13, 2007 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: REQUEST FOR TENTATIVE MAP EXTENSION FOR THE SHELLEY PROPERTY [CT 02-17] (LADWIG JOB NO. L-1005) Dear Clyde: Enclosed is our completed application for tentative map extension for the Shelley property. The items that I've attached are as follows: 1. We've completed and had the owner sign the tentative map extension application. The reasons that we are requesting a one year time extension for this tentative map and the accompanying hillside development permit 02-08 and habitat management plan permit 05-04 is as follows: • The client's engineer is working on the third plan check of the final plans for the project. • We have received the normal bonding letter prepared by the City for the project. • The landscape plans have been through the second plan check and they will be ready for the third plan check soon. • The project is within the service area of the Olivenhein Municipal Water District. Two plan checks have been provided by the District. 2234Faraday Avenue+ Carlsbad, California 92008 (760) 438-3182 + FAX(760) 438-0173 + Emailldg@dwilso neng.com Clyde Wickham July 13, 2007 Page 2 • • Sewer service for this project is provided by Leucadia Wastewater District. They have completed their plan checks and are ready for final signature. • The City planning staff has reviewed the habitat management report. The project biologist is now preparing the habitat management plan. • The client has talked to the Escondido Creek Conservancy about managing the open space for the project. Only a small portion of the property is within their watershed and the conservancy is now considering whether they would be willing to include this property for perpetual management. In summary the major hurdle at this point now is obtaining Agency and City approval along with the conservancy approval of the management of the 55+ acres of open space within the Shelley property. Above are the reasons that we feel we have diligently been pursuing the final map and that we also need more time to complete the processes defined above. 2. We've included nine copies of the project's conditions of approval. [This project is outside of the limits of the Carlsbad Municipal Water District]. 3. We've provided nine copies of the approved tentative map. [This project is outside the service area of the Qarlsbad Municipal Water District]. 4. We've included a property owner's list and two sets of mailing labels plus the postage fee. 5. We've attached a 600' radius map for the project. 6. We've included one copy of a current title report for the property. 7. We've attached a completed Environmental Impact Assessment form Part 1 [we were told by the staff at the counter that we should not include the processing fee for the EIA.· If staff later determines that that is needed, we will then provide the fee]. 8. We've included the tentative map processing fee which includes the postage fee (TM Fee = $2490 plus 84 labels times 2 times $0.41 = $68.88) for a total of $2558.88. 2234Faraday Avenue+ Carlsbad, Califor nia92008 (760) 438-3182 +FAX (760) 438-0173 + Emailldg@dwilso neng.com Clyde Wickham July 13, 2007 Page 3 We ask that you accept our application for an extension of time for the Shelley property. If you have any questions, or need additional information please get in touch. We also look forward to staff advising us when this can appear before the Planning Commission for tentative map extension. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ssr enclosures cc: Chuck DuVivier (w/ enclosure) Van Lynch 2234 Faradqy Ave nue + Carlsbad, Cali for n ia 920 08 (760) 438-3182 +FAX (760) 438-0173 + Emailldg@dwilso neng.com ;-. ~ity of c!rlsbad I 4 EJ ,J ,Ji .t. I •J§ ·fi; I .. t§ ,J I 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 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. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, coq)oration, estate, trust, receiver, syndicate, in 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 pwner must be provided below. 1. APPLICANT (Notthe 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. publicly-owned corporation. include the names; titles, and addresses of the corporate officers. (A separate page may be ~ttached if necessary.) Person PA tJ l C:L \. <:; -H€Llfi:. "( Corp/Part. __________ _ Title owp~ Title_-_____________ _ Address f.o. So~ '2 >o£1 f'( Address ------------------------l: fJ C t I'.J IT1+$ C A-. q '2.0 -z, 3 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 publicly- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_~__;'A;._\A'\_E_..:....A_S"___;.,4.~6 o_~.:....:E=--Corp~art. ____________________________________ ___ Title ___________ _ Title ________________ _ Address _________________ _ Address ______________________ _ L-cooS'" 1 635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602~8559 @ ... ;.• 3. ~) NON-PROFIT .ANIZ.ATION 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/Trust.__ ______ _ Non Profit/Trust __________ _ Title Title ________ ..;., _____ _ ·Address. __________ ___ Address. ____________ _ 4. 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?· DYes ~No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. @~T Signature of owner/date 1//II'(IG::--f. ?~LL€-_.Y Prurt or type name of owner Print or type name of applicant agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DirX:LOSURE STATEMENT 5/98 Page 2 of 2 e BACKGROUND DATA SHEET e CASE NO: CT 02-17xl/HDP 02-08xl/HMPP 05-04xl CASENA~E: ~S~he~l~le~y~P~ro~p~e~rt~Y------------------------------------------ APPLICANT: Ladwig Design Group REQUEST AND LOCATION: Request for approval of a retroactive two year extension of Tentative Tract Map CT 02-17, Hillside Development Permit 02-08, and Habitat Management Plan Permit 05-04 to subdivide and grade an 81.3 acre site into 49 standard single-family lots and three open space lots generally located southeast of Rancho Santa Fe Road along the City's eastern boundary in Local Facilities Management Zone 11. LEGAL DESCRIPTION: That portion of the east half of Lot 6 of Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. APN: 223-061-01; -02 Acres: 81.31 Proposed No. ofLots: 49 residential/3 open space GENERAL PLAN AND ZONING Land Use Designation: =R=L=Mo;.._ ____________________________________________ _ Density Allowed: .::::...3 ·=2'-"d=u/=-=a=c=re"---------Density Proposed: """.8:....::6c.....:d=u!=...;a=c=r=-e --------------- Existing Zone: ~R'---1"'---~1 =0 =0..>:..00!!..._ ______ _ Proposed Zone: "'"'R'---1"'---~1=0"""0""'0..>:..0 ________________ _ Surrounding Zoning, General Plan and Land Use: Site North South East West Zoning R-1-10,000 P-C City of Encinitas County of San Diego P-C General Plan RLM OS City of Encinitas County of San Diego (OS) RLM PUBLIC FACILITIES Current Land Use Vacant Vacant Residential Vacant Vacant/Residential School District: Encinitas Union/San Dieguito Water District: .:::O~li~v..::::enh~a~in~------------­ Sewer District: Leucadia Waste Water District Equivalent Dwelling Units (Sewer Capacity): ....:.49~--------------------- ENVIRONMENTAL IMPACT ASSESS~ENT r:gj Mitigated Negative Declaration, Adopted September 27, 2005 D Certified Environmental Impact Report, dated. ______________ _ D Other, _________________________ _ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Shelley Property -CT 02-17x1/HDP 02-08x1/HMPP 05-04x1 LOCAL FACILITY MANAGEMENT ZONE: 11 GENERAL PLAN: =RL=M/:.:.=...:0=-=S'-------- ZONING: R-1-10 000 DEVELOPER'SNAME:~Fa~ir~O~~~s~V~a~ll~ey~,~L=L=C~----------------------------­ ADDRESS: Ladwig Design Group, 703 Palomar Airport Road, #300, Carlsbad, CA 92009 PHONE NO.: (760) 438-3182 ASSESSOR'S PARCEL NO.: =22=3___::-0:...::::..6~1-~01~· ___::-0=2 ____ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): ...:..;49~l=ot=s _____ _ ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage= 170.4 sf B. Library: Demand in Square Footage = 90.9 sf C. Wastewater Treatment Capacity (Calculate with J. Sewer) 49EDU D. Park: Demand in Acreage = .34 ac E. Drainage: Demand in CFS = 172.5 Identify Drainage Basin = Encinitas Creek F. Circulation: Demand in ADT = 490 G. Fire: Served by Fire Station No. = 6 H. Open Space: Acreage Provided = 54.7 I. Schools: Elementary 20.14 Middle School 5.4 High School 5.4 J. Sewer: Demands in EDU 49EDU Identify Sub Basin= Leucadia Waste Water District K. Water: Demand in GPD = 10,780 GPD L. The project is 7.67 units below the Growth Management Dwelling unit allowance. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. 2005-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL PLAN AMENDMENT, IN CONCEPT GPA 03-11 TO AMEND THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN, A TENTATIVE TRACT MAP, CT 02-17, A HILLSIDE DEVELOPMENT PERMIT, HOP 02-08 AND A HABITAT MANAGEMENT PLAN PERMIT, HMPP 05-04 FOR THE SHELLEY PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY PROPERTY CASE NO.: GPA 03-11/ZC 03-09/CT 02-17/ HOP 02-08/ HMPP05-04 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 17, 2005, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit; and WHEREAS, the City Council of the City of Carlsbad, on the -""""2!::.J7u.t.uh __ day of September , 2005, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and/or GPA 03-11/CT 02-17/ HOP 02-08/ HMPP 05-04; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That all recitations are true and correct. 26 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5951, 5952, 5954, 5955 and 5956 on file with the City 27 Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 28 3. That the application for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Tentative Tract Map, Hillside Development Permit and • 1 Habitat Management Plan Permit on property generally located southeast of Rancho Santa Fe Road and along the City's boundary is approved as shown in Planning Commission Resolutions 2 No. 5951, 5952, 5954, 5955 and 5956. 3 4. That the application for a General Plan Land Use Element Amendment from Residential Low (RL) to Residential Low-Medium Density (RLM) and Open Space (OS) 4 and an Open Space Conservation Element Amendment on property generally located southeast of Rancho Santa Fe Road and along the City's boundary, as shown in Planning Commission 5 Resolution No. 5952, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 3 of 2005. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review'' shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ 27_t_h ___ day of September , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLAUDE A. L ATTEST: ~~·~ LORRAINE M. WO ~it)ICI9rk"i (SEAL) -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • PLANNING COMMISSION RESOLUTION NO. 5954 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 02-17 TO SUBDIVIDE 81.31 ACRES INTO 49 SINGLE FAMILY LOTS AND THREE OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY PROPERTY CASE NO.: CT 02-17 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of the east half of Lot 6 of Rancho Las Encinitas, in the City of Carlsbad, ·County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. (APN 223-061-01-00 and 223-061-02-00) ("the Property''); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" -"Z" dated August 17, 2005, on file in the Planning Department, SHELLEY PROPERTY -CT 02-17, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of August 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY PROPERTY-CT 02-17, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for RLM development on the General Plan, in that the proposed open space and single-family lots are consistent with single family lots approved within the adjacent La Costa Oaks development. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project complies with all City .policies and standards without the need for a variance from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to or concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lots are oriented in an east-west alignment for southern exposure and/or to take advantage of shade or prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is conditioned to comply with biological mitigation measures that will mitigate impacts on the site prior to final map approval. PC RESO NO. 5954 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project includes a desiltation swale at the storm drain outlet to slow the velocity and filter drainage prior to release. The project is also conditioned to comply with the National Pollution Discharge Elimination System Standards to prevent any discharge violations. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated August 17, 2005 including, but not limited to the following: A. B. c. D. Land Use -The proposed density of .86 dwelling units per acre is below the RL designation growth management control point of 1 dulac used for the purpose of calculating the City's compliance with Government Code Section 65584. The growth management control point permits 56 units on the 56.66 net acre lot, and the project consists of 49 single-family lots. Consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. Housing -The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to purchase 9 credits in a combined inclusionary housing project or provide 7 inclusionary units onsite. Public Safety -The project is designed with the required 60-foot fire suppression zones between native habitat and development thereby reducing fire hazards to an acceptable risk level. Open Space & Conservation -55.46 acres will be redesignated as Open Space and preserved and maintained as an HMP habitat preserve area. The project implements water pollution prevention methods through the provision of a desiltation swale at the storm drain outlet to slow the velocity and filter drainage prior to release. E. Circulation -All public infrastructure necessary to serve the project will be constructed in accordance with City standards. An irrevocable offer of dedication for 102 foot of public right-of-way across the open space preserve from the eastern project boundary to the eastern property boundary will enable the extension of a General Plan Circulation Element arterial roadway (Melrose Drive) at some future date if the need arises. Because the County of San Diego, which abuts the property to the east, and the City of Encinitas, which abuts the property to the south, have indicated that their General PC RESO NO. 5954 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. F. Plans include no future circulation arterial roadway connections to a roadway through the Shelley property, construction of the roadway is not proposed or required at this time. Noise -The project will be required to construct noise walls along Camino Junipero to mitigate noise levels to the 60 dBA CNEL noise standard and to perform a noise analysis to determine the mitigation measures necessary to limit interior noise levels of future single-family homes to the 45 dBA CNEL noise standard with the assumption that Camino Junipero is a through circulation element roadway. Temporary noise impacts resulting from rock crushing during construction will be mitigated by locational restrictions to avoid noise levels that exceed City standards. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 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: A. B. The project has been conditioned to provide proof from the Encinitas Union and San Dieguito High School Districts that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them in that public facilities in Zone 11 are adequate to accommodate the demand created by this project. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and PC RESO NO. 5954 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. 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. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in ·that two-thirds of the property will be preserved as an HMP habitat preserve area. The configuration of the reduced development footprint results in otherwise developable areas that are accessible only by panhandle driveways. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that except for two panhandle lots, the subdivision design provides the required street frontage for each single family lot. That the buildable portion of the lot consists of a minimum of 10,000 square feet, which meets the requirements of Section 21.10.080(c) ofthe Carlsbad Municipal Code. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibits "A" -"Z." That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) ofthe Carlsbad Municipal Code. The project complies with City Council Policy No. 66, Livable Neighborhoods, in that due to environmental constraints, a grid pattern exclusive of cul-de-sac streets is not possible. The proposed subdivision design provides two points of access to Camino Junipero for the majority of the lots thereby providing alternate routes of travel and adequate access for emergency service vehicles and emergency evacuation routes for residents. Both cul-de-sac and local streets are designed in accordance with City standards and include parkways between street and sidewalk. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 5954 -5- 1 2 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of 3 final map or issuance of grading permit, whichever occurs first. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 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 Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 Tentative Tract Map, (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. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RESO NO. 5954 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 15. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union and San Dieguito High School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. A note to this effect shall be placed on the Final Map. Developer shall implement, or cause the implementation of, the Shelley Property Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-11, ZC 03-09, HDP 02- 08, and HMPP 05-04 and is subject to all conditions contained in Planning Commission Resolutions No. 5951, 5952, 5953, 5955 and 5956 for those other approvals. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail( s) shown on the tentative map within Open Space Lots 12, 13, and 14. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Homeowners Association. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad ("Standards"); Trail Construction Standards; and the approved plans. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 9 credits in the Villa Lorna Apartment project or provide seven (7) affordable second dwelling units onsite in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the PC RESO NO. 5954 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall submit and obtain Planning Director 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. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. Developer shall establish a homeo,wner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. c. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section ____ _ the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs PC RESO NO. 5954 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. e. f. g. h. I. J. incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit"_". Brush Management: Any future brush management within Fire Suppression Zone 3 of Open Space Lot 12 shall be done without disturbing the ground and shall require a biological monitor. Activities in the proximity to the San Diego goldenstar shall occur between July 1 and November 30, when the plant is not expected to have foliage above the ground and no heavy equipment will be used that may compact the soil. Project CC&Rs shall incorporate the HMP List of Exotic Species to avoid in individual landscape plans. Recreational Vehicles: The storage of recreational vehicles in the required front yard setback shall be prohibited. Perimeter Fencing: Perimeter fencing that is adjacent to open space shall require approval of the USFWS prior to installation. Interior Fencing: There shall be no combustible fencing within one hundred feet from undisturbed natural vegetation. Perimeter fencing that is adjacent to open space shall require approval of the USFWS prior to installation. PC RESO NO. 5954 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. 25. The Developer shall provide the Wildlife agencies with a proposed landscaping plan for review and approval prior to grading permit issuance. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shaJ.l include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 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. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor( s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. 26. Prior to the issuance of the final map, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit by Resolutions No. 5954, 5955 and 5956 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 Planning Director has the authority to execute and record an amendment to the notice, PC RESO NO. 5954 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. 28. 29. 30. 31. which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, Camino Junipero, in a form meeting the approval of the Planning Dir~ctor and City Attorney (see Noise Form #1 on file in the Planning Department). Developer shall dedicate on the final map, an open space easement for Lots 12, 13 and 14 which are in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System 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"-"Z." Removal of native vegetation and development of Open Space Lots 12, 13 and 14 including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits "A"- "Z," is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. b. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to manage the open space lot( s) for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring ofthe open space lot(s) in perpetuity. PC RESO NO. 5954 -11- 1 2 3 4 5 6 7 8 c. d. e. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The non- wasting endowment shall be legally structured such that it shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. Prepare an Interim Management Plan which will ensure adequate management of the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 9 Engineering: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. 35. 36. 37. 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. The developer shall process and record an encroachment agreement for the Storm Water filtration devices located within the public right of way. The CC&Rs for this project shall also reflect the responsibility to maintain these devices to the satisfaction of the City Engineer. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.l and B.2 The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." PC RESO NO. 5954 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/ Agreements 38. Prior to approval of the Final Map for this project the developer shall complete the LAFCO annexation process to annex into Leucadia Waste Water District. 39. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 40. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent' to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 41. Prior to approval of the first final map, the developer shall enter into a Prepayment Agreement with the City for prepayment of the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. Grading 42. 43. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. Dedications/Improvements 44. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 45. Additional drainage easements may be required. Developer shall dedicate and provide or PC RESO NO. 5954 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. 47. 48. 49. 50. install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) Onsite improvements including but not limited to sewer, water, storm drain, water quality treatment facilities, and streets as shown on the Tentative Map. Camino Junipero (Melrose Drive) full width as a secondary arterial within a 102' graded right of way. Guard Rail at the end of Camino Junipero (Melrose Drive). A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to issuance of building permits for any unit within this subdivision, the developer shall provide evidence that the backbone infrastructure has been constructed and accepted by the City of Carlsbad for public use. A note to this effect shall be placed on the Final Map. Prior to the approval of the Final Map, the Developer shall make an Irrevocable Offer to Dedicate (IOD) to the Leucadia Waster Water District, a 20' wide easement for sewer service from the existing main to the easterly boundary of the property. The specific alignment of this easement shall be approved by the District Engineer and the City Engineer and shall be shown on the final map. Developer shall cause Owner to waive direct access rights on the final map for all lots fronting more than 1 street as shown on the tentative map and as approved by the City Engineer. This condition applies to the following lots: Lots 1, 6, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 24, 28, 35 and 37. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; PC RESO NO. 5954 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 51. 52. b. c. d. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. d. e. f. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RESO NO. 5954 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. c. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Conditions 54. Water 55. 56. 57. 58. 59. 60. The Average Daily Trips (ADT) contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Prior to approval of improvement plans or final map,' Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, ifproposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. PC RESO NO. 5954 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 61. 62. 63. 64. 65. 66. 67. 68. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvementplans. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the City Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a pressure reducing station, if required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. 24 Code Reminders 25 26 27 28 69. 70. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 5954 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 71. 72. 73. 74. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use density designation for this development allows 0- 4 dwelling units per non-constrained acre. The required findings for the proposed density of .86 dwelling units per acre have been made. Parcels 223-061-01 and 223-061-02 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 223-061-01 and 223-061-02 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." 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. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. PC RESO NO. 5954 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application. processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: !!:T:Lh DONNED Assistant Planning Director PC RESO NO. 5954 Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton Commissioner Cardosa -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5955 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY PROPERTY CASE NO: HDP 02-08 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as That portion of the east half of Lot 6 of Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. (APN 223-061-01-00 and 223-061-02-00) ("the Property''); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits "A" -"Z" dated August 17, 2005, on file in the Carlsbad Planning Department, SHELLEY PROPERTY-HDP 02-08, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of August 2005, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SHELLEY PROPERTY -HDP 02-08, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the development conforms to the slope of the land, grading has been minimized and the project is designed in an environmentally sensitive manner to preserve wildlife habitats and an HMP habitat preserve area. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that steep slopes will not be impacted by the project. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that slope heights, which are less than 40 feet in height, will be screened by landscaping and future single family homes will adhere to slope edge setbacks. That the project design and lot configuration minimizes disturbance of hillside lands, in that the project avoids steep slopes and adheres to the existing grades to the greatest extent possible so that grading quantities are well within the acceptable range. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of final map or issuance of grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 5955 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 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 Hillside Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 Hillside Development 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-11, ZC 03-09, CT 02- 17, and HMPP 05-04 and is subject to all conditions contained in Planning Commission Resolutions No. 5951, 5952, 5953, 5954 and 5956 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely PC RESO NO. 5955 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 ofwhich you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASS ED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the. City of Carlsbad, held on the 17th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton Commissioner Cardosa JEFFRE N. SEGAL··, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~/t DONNED 24 Assistant Planning Director 25 26 27 28 PC RESO NO. 5955 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ------------------------------ PLANNING COMMISSION RESOLUTION NO. 5956 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE TAKE OF SENSITIVE HABITAT ON PROPERTY GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA FE ROAD ALONG THE CITY'S EASTERN BOUNDARY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: SHELLEY PROPERTY CASE NO: HMPP 05-04 WHEREAS, Fair Oaks Valley, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad property described as That portion of the east half of Lot 6 of Rancho Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898. (APN 223-061-01-00 and 223-061-02-00) ("the Property"); and WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; and WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and WHEREAS, said verified application constitutes a request for a Habitat Management Plan Permit pursuant to the City's authority, on file in the Carlsbad Planning Department, SHELLEY PROPERTY-HMPP 05-04; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on the 17th day of August 2005, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) C) That the Shelley Property project is consistent with the HMP as described in the following findings. That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMPP 05-04, for the SHELLEY PROPERTY based on the following findings and subject to the following conditions: Findings: I. 2. 3. 4. That the Shelley Property is shown in Figure 23, Section D, of the approved HMP as a hardline project. That the project will modify the hardline area and the findings for equivalency can made in that there is a net gain of 2.3 acres of habitat containing the San Diego Goldenstar being preserved by the modification. That authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. That authorization to take species of concern is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-11, ZC 03-09, CT02-17 and HDP 02- 08 and is subject to all conditions contained in Planning Commission Resolutions No. 5951, 5952, 5953, 5954 and 5955 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas, seasonal grading restrictions, and management and monitoring in perpetuity by a qualified conservation entity. PC RESO NO. 5956 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Shelley Property project. 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. 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. 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. 10. That the Planning Director is authorized to sign the Take Permit. 11. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. 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 Habitat Management Plan Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PC RESO NO. 5956 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 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. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-11, ZC 03-09, CT02-17 and HDP 02-08 and is subject to all conditions contained in Planning Commission Resolutions No. 5951, 5952, 5953, 5954 and 5955 for those other approvals incorporated herein by reference. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. PC RESO NO. 5956 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PAS SED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Dominguez, Heineman, Montgomery, and Whitton Commissioner Cardosa JEFFRE N. SEGALL, hairperson CARLSBAD PLANNING COMMISSION DONNED Assistant Planning Director PC RESO NO. 5956 -5- ---------------------------------------------------------~~------ <0 4- VICINITY MAP NOT TO SCAlE LEG11. 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