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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 1 of 5 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 2 of 5 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. 3 of 5 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 4 of 5 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 5 of 5 CT 98-XX/CDP 98-XX /HDP 98-XX A.CPA 96-XX/ZC 9&-XX X111 yidNTTYMAP NOT TO V.H£ f ^. j !ti=S^F^ CUL-OE-SAC56' STREET '4' AND RtCAHA INvT TO^CALC _^;. ». txL. ".'^ ' " ""Ji§^r~~f^ir^vL^^^- ~^~^i — rr"^j ~"^ts2W= =: —v ^=- rr irr1^-! LOCAL STREET60' BMIGAHTMC wi* ^ 1 jar i> on EMCMCT* wuoww«MO sou fwcMcc* tern* TVP.LOTOnMNAOETYP. IATEHAL LOCATIONSN0> TO SC*U TENTATIVE TRACT MAP ROESCH PROPERTY CITY OF CARLSBAD, CALIFORNIA LEGEND iifft.it DIVUNAQE SWALE DETAILHOT TO 5CSt ' KEVMAP EASEMENT NOTES p> «r<m»ii>4«»i'»wfa» <•«.-.««,«-• :'°:3 PHBJMWABV TITLE REPORT ~~, , „ .«. «. *. won own* 1.1 A;*- in tf V* GENERAL DESIGN NOTES W *Mis >wuM<bM MI i*n,i#-o n*» yi»* *iwr.; jw own*. •Mtrp MWC. * r»M . *rrtiM c •*•' cvr w. > fu jiiyn «r: "• (*arA : i i.' 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SEE SHEET 2•• {.ASSOCIATES TENTATIVE TRACT MAP ROESCH PROPERTY CITY OF CABLSBAD, CALIFORNIA 3 -3 . ^ 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.