Type: other

Article abstract: Purpose of Inclusion of the Preserve area in the HMP As part of the approval process for the Manzanita Apartment Project (Subject Property), Manzanita Partners, L.L.C. (Manzanita Partners) granted a Conservation Easement as depicted on Exhibit A, to provide mitigation for certain impacts of the Manzanita Apartment Project pursuant to the Mitigated Negative Declaration adopted by the City of Carlsbad, SCH No. 99051009, and the Mitigation Plan created thereunder. 32.09 acres is reserved by easement to conserve the biological open space for the purpose of preserving and enhancing resource values. In addition,the City of Carlsbad approved site development plan,SDP-98-19, and imposed Condition Number 33 of Planning Commission Resolution 4620, dated September 15,1999, which generally states: a) continued ownership by the Developer or it's successors in interest in open space until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; b) while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and,c) transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. Additionally, the 32.09 acres has been designated as an open space preserve to protect habitat for the coastal California gnatcatcher, protect Del Mar Manzanita, and to protect vernal pools. The management objectives of this Preserve Management Plan and Funding Agreement are to provide a long term plan for the maintenance and management of the conservation area, outline the biological goals, and state the responsibilities of the parties involved. Preserve Area History The United States Army Corp of Engineers issued a Nationwide Permit Authorization, Permit Number 98-2025500-DZ, on April 4, 1999. The Corp of Engineers has determined that the activity complies with the terms and conditions of nationwide permit NW 14 [Federal Register, December 13, 1996, pp. 65874 - 65922] for fills for roads crossing waters of the United States. The United States Fish and Wildlife Service issued a Biological Opinion No. 1-6-99F-063, on October 21,1999, in relation to the Subject Property. A Conservation Easement Deed with Manzanita Par