HomeMy WebLinkAboutCT 98-19; Roesch Property Residential Subdivision; Tentative Map (CT) (36)•••**«'
CITY OF CARLSBAD
OPEN SPACE
MAINTENANCE AND FUNDING
PROGRAM
--ROESCH PROPERTY-
PROPERTY OWNER: Standard Pacific
DATE: September 25, 2001
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1. PURPOSE AND INTENT
The purpose of this Open Space Management Plan is to fulfill the obligations
related to condition 27 of Planning Commission Resolution 4626 which requires
that Standard Pacific Corporation establish a funding mechanism to provide for
the maintenance of open space lot 22 of Carlsbad Tract No. 98-19. The
mechanism as proposed is projected to generate $75.00 per acre per year for this
purpose. It also contains provisions for the transfer of the ownership of the lot
and the funding mechanism to the City of Carlsbad or other agency designated by
the City.
Standard Pacific Corporation or the project's Home Owner's Association shall be
responsible for the maintenance of the open space lot until it is transferred to the
City or its designee as provided in this program. This responsibility may be
transferred as described below.
2. PROPERTY DESCRIPTION
Lot 22 of Carlsbad Tract No. 98-19 as approved in Planning Commission
Resolution 4626, dated October 5, 1999, is a portion of a larger site owned by
Standard Pacific Corporation, generally referred to as the "Roesch Property." A
legal description and plat of the subject property is included as Exhibit A.
3. MAINTENANCE OBLIGATIONS - Native Areas
During the period of time that the open space lot is owned by Standard Pacific
Corporation or its successor, the owner shall undertake, or cause to be undertaken,
the following activities related to maintenance and preservation of the open space
area:
• Annually remove trash and debris from Lot 22
• Post the lot with no trespassing signs
• Take actions necessary to prevent unauthorized trespass into Lot 22,
excluding those areas for public trail use
• Prohibit the construction of any structures within Lot 22
• Prohibit the removal of any plant material not related to fire suppression
requirements
• Fund necessary liability insurance coverage
4. MAINTENANCE OBLIGATIONS - Revegetated areas
Standard Pacific Corporation will prepare a revegetation and monitoring program
for those areas identified in the conditions of approval as imposed by the
California Coastal Commission as a part of the required Local Coastal Program
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Amendment 1-2000D. (Exhibit B) The revegetation and monitoring plan shall be
in place prior to the issuance of the first building permit.
Maintenance obligations in revegetation areas during the monitoring period shall
be funded directly by Standard Pacific Corporation and shall not be funded from
the Open Space Maintenance Endowment Fund. Standard Pacific Corporation
may assign such responsibility to the Shorepointe Homeowners Association by
separate agreement.
5. OPEN SPACE MAINTENANCE ENDOWMENT FUND
Upon the Planning Director's approval of this plan, Standard Pacific Corporation
shall establish an endowment fund that will run with the land in the amount of
$30,296.30. This amount is estimated to generate $1,636.00 per year (based on a
U.S. 30 year Treasury Bond with a rate of return of 5.4%) to satisfy the obligation
to provide perpetual maintenance funding at the level of $75.00 per acre, per year.
The endowment Fund shall be transferred along with the fee ownership interest of
lot 22.
These funds shall be maintained separately from all other funds of the owner and
shall irrevocably be pledged to generating the funding for the maintenance
obligations noted in section 4 of this maintenance plan. The endowment funds
shall be invested in government backed securities or insured certificates of deposit
only.
During the period of time preceding the transfer of Lot 22 to the Shorepointe
Homeowners association, Standard Pacific Corporation shall be responsible for
the direct funding of all maintenance activities. All revenues generated from the
Open Space Maintenance Endowment Fund during this period shall be deposited
into the fund and shall increase the principal amount of the fund.
No portion of the principal amount of the Open Space Endowment Fund shall be
expended without the specific authorization of the City of Carlsbad.
Upon transfer to the Homeowners Association, owner of the property shall have
the authority to draw up to $1,636.00 per year from the Maintenance Fund
revenue account to fund eligible maintenance activities associated with open
space Lot 22. Any costs related to the Mitigation and Monitoring shall be borne
by Standard Pacific Corporation until such time as released by the California
Coastal Commission.
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6. TRANSFER OF OWNERSHIP/OBLIGATIONS
Standard Pacific Corporation has created a common interest development referred
to as Shorepointe which will consist of properties located within the Carlsbad
Tracts 97-14 (Shorepointe) and 98-19 (Roesch).
Since it is possible that the City may never effect a transfer of ownership relating
to Lot 22, Standard Pacific Corporation may transfer its obligation under this
Management Plan to the Shorepointe Homeowners Association at any time after
the required endowment has been funded and put into place.
Within 30 days of the receipt of a written request from the City of Carlsbad,
Standard Pacific Corporation, or its successor (Shorepoint Homeowners
Association) shall transfer ownership lot 22 and the associated endowment to the
City or its designee.
Upon transfer of title and the endowment, the City shall provide a written release
to Standard Pacific Corporation, or its successor, regarding all activities related to
Condition 27 of Planning Commission resolution 4626.
7. REPORTING
A report detailing the income and expenses related to the Maintenance
Endowment Fund shall be submitted to the City of Carlsbad annually, on a
calendar year basis, not later than January 15.
8. NOTICES/MAILING ADDRESSES
Correspondence and notices related to the plan should be addressed as follows:
If to Standard: Standard Pacific Corp.
5750 Fleet Street, Ste 200
Carlsbad, CA 92008
Attn: Todd Palmaer
If to City: City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Attn: Michael J. Holzmiller, Planning Director
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Submitted by:
V
Brian Ustler, Authorized Representative
Standard Pacific Homes, San Diego
Approved this _ day of _ _, 2001 .
Michael J. Holzmiller, Planning Director
City of Carlsbad
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. ^ EXHIBIT B
July 22,2001
Page 2
CITY OF CARLSBAD LCP AMENDMENT 1-2000D (ROESCH)
SUGGESTED CHANGES
Amend the certified LCP Zoning Map be incorporating the following language to apply to
the subject Roesch properly:
A. Use of the 21.87-acre area in Lot 22 is restricted to habitat conservation,
passive recreation (public trail) and utilities within the existing utility easement. No
development of additional recreational facilities or associated amenities shall be
allowed. Any subsequent modifications to the herein approved open space uses will
require an LCP amendment.
B. Impacts from grading and/or development on native vegetation such as
southern maritime chaparral within any portion of the site shall be mitigated by
revegetating and restoring the affected areas to the maximum extent feasible, while
retaining necessary brush management features for fire protection.
C. Replanting and/or restoration measures which are implemented to mitigate
for native vegetation impacts shall be subject to a five-year maintenance and
monitoring requirement to ensure that impacted vegetation is success fully restored to
its original (or greater) habitat value within five years. If at any time during this period
it is determined that the level of viability or successful integration of mitigation
measures is such that the impacted native vegetation will not be successfully restored,
replanting or other additional restoration efforts shall required to ensure adequate
mitigation.