HomeMy WebLinkAboutCT 97-14; MARIANO; Tentative Map (CT) (12)• •
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Mariano ------------------
APPLICANT NAME: PACWEST GROUP, INC.
Please describe fully the proposed project. Include any details necessary to adequately
explain the sc_ope an~/or operation of the proposed project. You may also include any
backgro_und 1nformat1on and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
. The Mariano project located south of Palomar Airport road is entirely within L.F.M.P.
Zone 20. The site eventually will be bisected by future College Boulevard (Alga road).
The topography of the site is flat to moderately sloped with a S.D.G.&E. easement
running north to south. It was once used for agricultural purposes and is devoid of native
vegetation except for two small areas that are in an open space easement required by a
previous action of the California Coastal Commission. It is bordered on the East by the
approved tentative Map C.T. 84-32A Cobblestone Sea Village, on the North by the
approved Laurel Tree affordable housing project along with the existing Sudan Interior
Mission retirement community, and on the South by approved tentative Map C.T.92-02
Sambi Hills.
The proposed project calls for the construction of 156 single family homes along with 26
apartment units. The apartment units are being provided to meet the city's requirement
for affordable housing. These 26 apartment units are to be rented to persons and
families earning less than 80% of the area median income. These units will be rented at
rental rates not exceeding 30% of 80% of the median income. The project will also be
responsible for construction of a portion of future College Boulevard (Alga road), a
portion of Cobblestone Road along with local streets required for internal circulation.
Rev. 4/91 ProjOeac.frm
1 VI. WHEREAS, coastal development permit No. 6-88-531
2 was subject to the terms and conditions including but not limited
3 to the following conditions:
4 1 . Open Space Deed Restriction. Prior to the issuance of
5 the coastal development permit, the applicant shall record a
6 restriction against the subject property, free of all prior liens
7 and encumbrances, except for tax liens, and binding on the
8 permittee's successors in interest and any subsequent purchasers
9 of any portion of the real property. The restriction shall pro-
10 hibit any alteration of landforms, removal of vegetation or the
11 erection of structures of any type in the steep slope areas of the
12 site covered with native vegetation shown on the attached Exhibit
13 13, without the written approval of the California Coastal
14 Commission or its successor in interest. The recording document
15 shall include legal descriptions of both the applicant's entire
16 parcel(s) and the restricted area, and shall be in a form and
17 content acceptable to the Executive Director. Evidence of
18 recordation of such restriction shall be subject to the reveiw and
19 written approval of the Executive Director.
20 VII. WHEREAS, the Commission fouhd that but for the
21 imposition of the above conditions the proposed development could
22 not be found consistent with the provisions of the California
23 Coastal Act of 1976 and that a permit could therefore not have
24 been granted; and
25 VIII. WHEREAS, it is intended that this Deed Restriction
26 is irrevocable and shall constitute enforceable restrictions; and
27 IX. WHEREAS, Owner has elected to comply with the
28 conditions imposed by Permit No.6-88-531 so as to enable Owner to
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1 undertake the development authorized by the permit.
2 NOW, THEREFORE, in consideration of the granting of Permi
3 No. 6-88-531 to the owner by the California Coastal Commission,
4 the Owner hereby irrevocably covenants with the California Coastal
5 Commission that there be and hereby is created the following
6 restrictions on the use and enjoyment of said subject property, to
7 be attached to and become a part of the deed to the property. The
8 undersigned Owner, for himself/herself and for his/her heirs,
9 assigns, and successors in interest, covenants and agree that:
10 The Owner shall prohibit any alterations of landforms,
11 removal of vegetation or the erection of structures of any type in
12 the steep slope areas of the site covered with native vegetation
13 shown on the attached Exhibit C and further described in the
14 attached Exhibit .Q_, without the written approval of the California
15 Coastal Commission or its successor in interest.
16 If any provision of these restrictions is held to be
17 invalid or for any reason becomes unenforceable, no other provisio
18 shall he thereby affected or impaired.
19 Said deed restriction shall remain in full force and
20 effect during the period that said permit, or any modification or
21 amendment thereof, remains effective, and during the period that
22 the development authorized by said permit or any modification of
23 said development, remains in existence in or upon any part of, and
24 thereby confers benefit upon, the subject property described
25 herein, and to that extent, said deed restriction is hereby deemed
26 and agreed by Owner to be a covenant running with the land, and
27 shall bind Owner and all his/her assigns or successors in interest.
28
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/ LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IH 'l'HE STATE OF ~ALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF LAND DESIGNATED AS "DESCRIPTION NO. 4, 76.89
ACRES" AS SHOWN AND DELINEATED ON. RECORD OF SURVEY MAP NO. 5715,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA
JJEDIONDA, IN 'l'HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT TIIE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4"; THENCE
1\LOHG THE WESTERLY LINE OF SAID PARCEL SOUTH 09"58 1 17" EAST, 600.00
FEET1 THENCE LEAVING SAID WESTERLY LINE NORTH 77"22 1 52" EAST, 1107.47
FEET1 THENCE NORTH 48"01 1 52 11 WEST, 811.18 FEET TO THE NORTHERLY LINE
OF SAID "DESCRIPTION NO. 4 11 : THENCE ALONG SAID NORTHERLY LINE SOUTH
71"35 1 5111 WEST 612.83 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS
OF LAND DESIGNATED AS 11 60. 00 FOOT EASEMENT AND 66. 00 FOOT EI\SEMEHT
RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF ·
SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF
THE RANCHO AGUA HEDIONOJ\, IN TIIE COUNTY OF S1\N DIEGO, ST1\TE OF
CALIFORNIA, ACCORDING TO MAP THEREOF HO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896.
EXCEPTING FROM SAID 60. 00 FOOT STRIP THAT PORTION WHICH LIES WITHIN
PARCEL 1 ABOVE.
THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT
TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF
ALL OR ANY PORTION OF "DESCRIPTION NO. 4, 76.B9 ACRES" AS SHOWN AND
DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715.
EXHIBIT •A•
6-88-531
Page 3
l. Detailed Project Description and History. The applicant proposes to
subdivide a 65;7 acre-vacant property in Carlsbad into two separate parcels of
11.4 and 54.3 acres. The project site is located south of Palomar Airport
Road along Laurel Tree Lane, a partially paved and partially dirt roadway
running paral~el to and east of Paseo del Norte. The alignment of existing
laurel Tree Lane roughly corresponds to the planned alignment of College
Boulevard a four-lane north-south roadway designated on the City of Carlsbad's
Traffic Circulation Element. The application also includes a minor plat
adjustment to the property line along the northwest portion of the site.
Here, approximately two acres from the adjacent property (APN 212-040-23) are
to be included within proposed Parcel #1 (11.4 total area). The plat adjust
corresponds to the westerly boundary of the planned alignment of College
Boulevard. • •
The subdivision site is characterized by gently to moderately sloping
terrain. Elevations on the site range from 99 feet MSL to 282 feet MSL. Much
of the site has been used for agricultural production and has been disturbed
by past earth moving activities. However, there are areas of s{eep slopes
(25% grade or greater) which are covered with native vegetation, including
coastal sage -and chaparral plant conmun1ties.
The property 1s located within the Mello 11 segment of the Carlsbad Local
Coastal Program. A portion of the site was the subject of an LCP Land Use
Plan amendment in February of this-year (2-87). At that time, the Conmission
approved, with suggested modifications, a proposal to redesignate
approximately nine acres of the site from a residential designation (RLM) to a
designation of Office (0) uses. The area which was redesignated is located at
the lower elevations ·or the site along the pl°anned alignment of College
Boulevard. The rationale behind the amendment was that the redesignated
portion of the site was located adjacent to other commercial and industrially
designated properties and was topographically separated from other
residentially de~ignated or developed areas.
The stated purpose of the subdivision now proposed is to create a separate
parcel for the area which has been redesignated in the LCP. No development,
other than the subdivision, is proposed at this time. The subdivision is what
is commonly termed a "financial subdivision", which at the local level
specifically grants no development entitlements. The approval at the local
level did include the exaction of right-of-way areas for the City's proposed
College Boulevard. However, construction of the roadway has not been
submitted as a part of this or any other coastal development permit
application.
2. Preservation of Agriculture. Coastal Act Section 30242 addresses the
preservation of non-prime agricultural lands. Pursuant to this section of the
Act. the Carlsbad LCP contains various policie~ regarding use ~rid preservation
of agricultural lands. All of the agricultural lands of the Carlsbad LCP were
treated as ·non-prime lands even though some could have met the "ptime"
criteria because of the economic return the land was providing from farming •
production. The Commission's rationale for treating all lands in the LCP as
non-prime was that the majority could not meet the prime status and to treat
EXHIBIT 11B11
Page 2 of 6
6 ·88·S31
Vagc 4
those that could meet the criteria solely based on economic return would
penalize owners of such lands and would provide incentives for taking the most
productive lands out of production.
Major amendments to the LCP certified by the Conrnission in 1985 significan~ly
changed the policies of the LCP regarding agricultural preservation. Those
amendments essentially allowed for conversion of almost all of the
agriculturally-designated lands within the City's Mello 1 and Mello 11
segments.
Such conversion is allowed pursuant to one of three options of the LCP. The
first is a determination of infeasibility of continued agricultural use based
on area-wide, rather than site-specific studies of agricultural feasibility.
The second option is participation in a mitigation program designed to
preserve off-site prime agricultural lands elsewhere in the coastal zone. The
third option for conversion is the payment of an agricultural mitigation fee
of between $5,000 and $10,000 per acre of lands converted .. The f.unds accrued
from the fees of this are to be used in the restoration and enhancement of
natural resources, public access opportunities, and preservation of
agricultural lands in Carlsbad.
The implementing ordinances of the LCP, as modified in 1985, contain the
specific requirements for implementing the three options of the LCP. The
identified agriculturai lands for which conversion requirements would be
applicable were included in a Coastal Agriculture (C-A) overlay zone. Under
the provisions of the C-A zone, the timing of the mitigation required varies
depending on which of the three options of_ the LCP's conversion policies was
chosen.
For example, with participation in the off-site preservation of prime
agricultural lands, evidence of such participation is required for approval of
a subdivision. Section 21.060 8-2 subsection #3 of the implementing
ordinances states:
3. Prior to the issuance of a final subdivision map, 'parcel map
or building permit, whichever is earlier, the property owner shall
present to the City Council, proof of dedication by grantor and
acceptance by grantee of an appropriate interest in prime
agricultural lands pursuant to subsection b-2
likewise. with conversion pursuant to option #1, a determination of
infeasibility on an area-wide basis, such detemination would have to be
submitted and approved at the time of review of a subdivision. • I
However, for the third option of the pol\ci~i. payment of a mitigati~n fee,
the mitigation requirement is tr1ggered at the time that a coastal developme~t
permit for "urban development" is considered. Specifically, subsection
21.070-c calls for such fees to be paid •prior to the issuance of building
permits for the project". Thus, there is some inconsistency within the LCP
regarding the timing for compliance with agricultural mitigation
requirements. •
b -88 -531
Page 5
The subject property, save for the 2-acre plat adjustment area, is located
entirely within the C-A zone and is, thus, subject to the requirements of the
LCP regarding agricultural lands. The applicant proposes to subdivide the
parcel into two parcels of 11+ and 54+ acres. No other development is
proposed at this time.
While the subdivision may facilitate future urban development and conversion
of agricultural lands, the subdivision into two relatively large parcels does
not itself constitute urban conversion. However, the subdivision is clearly
designed to acconmodate urban rather than agricultural development. The
applicant's representative has indicated that at the time of a future proposal
for urban development, the third option of the LCP polices, payment of a
mitigation fee, rather than pursuit of the other two conversion options, will
be the option chosen to meet the mitigation requirements of the C-A zone.
Subdivision prior to payment of the conversion fee would be consistent with
the ordinances of the LCP .. However, were. either of the other two options of
the LCP regarding conversion pursued, compliance with those mitigation
requirements would be applicable now, with the proposed subdivision.
With the conmitment from the owner that option #3, payment of the conversion
fee will be the one pursued to offset future conversion, the Conmission finds
that the subdivsion may be found consistent with the policies of the LCP at
this time. Also, the Conmission is concerned that all parties be served
notice that future development of the site will require separate review under
the coastal development permit process and that such proposals will be subject
to the payment of the required agricultural conversion mitigation fee (option
#3) of the certified LCP. This is especially important in that the proposed
subdivision would allow for sale of a portion of the site to another party who
may be unaware of the LCP requirements.
These concerns are reflected in Special Conditio·ns #2 and #3. Special
Condition #3 is an arlvisory one which serves notice to the applicant and
interested parties that the permit is valid for the subdivision only and that
future development proposals shall be subject to separate review.under the
coastal development permit process.
Special Condition #2 requires the applicant to record a restriction against
the deed for the property. The condition is to state that the site is
included within the Coastal Agriculture zone of the Carlsbad LCP and that
future development proposals, including subsequent subdivisions, shall be
subject to the LCP's agricultural policy requirement for payment of the .
agricultural conversion mitigation fee, specified under option #3 of ·the LCP~
lhe restriction also serves to formalize the applicant's conmitment.to use,.
option #3 in any future development proposal. As conditioned. the Conrnission
finds that mitigation for the potential conversion f~om agricultural use is•·
assured and the project is consistent with the policies of the certified local
coastal program and Section 30242 of the Coastal Act .
. , I
3. Preservation of Sensitive Habitat/Steep Slopes. Coastal Act Section
30240 states; in part:
EXHIBIT •B•
Page 3 of 6
•••••••• ··---------------------
b -88 ·!>31
Page 6
(a) Environmentally sensitive habitat areas shall be
protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas ....
Pursuant to this policy, the certified Mello 11 segment of the Carlsbad LCP
includes provisions for the preservation of certain steep-sloping hillsides.
The applicable policies of the Mello 11 segment were modified in 1985 with the
certification of major amendments to the LCP regarding preservation of
agricultural lands and sensitive steep slopes. The ·amended policies prohibit
grading on steep slopes (25% grade or greater) only if certain species of
native habitat are present on the slopes.
The policy resulting from the certified amendment states:
Grading and Erosion Control
l. For those slopes mapped as possessing endanger.ed
plant/animal species and/or coastal sage scrub and chaparral plant
conmunities the following language shall apply: ...
a) Slopes of 25% grade and over shall be preserved in their natural
state., .•..
The ordinance goes on to allow an exception to this mandate if its application
were to "prohibit a reasonable use of the property". It also allows
encroachment for utilities and roads on the City's Circulation Element and
access roads to developable areas, where no other less environmentally-
damaging alternative exists. The policy requires that areas to be preserved
as a result of the policy be appropriately protected against future
encroachment.
The subject site~contains a number· of areas with slopes of slopes of 25% grade
or greater. However, much of the site has been disturbed by past agricultural
activities. As a result, only two areas of the site meet the dual criteria of
containing both steep slopes and coastal sage/chaparral habitat. The two
areas are located in the southern portion of the site and total approximately
1.6 acres and .2 acres (refer to Exhibit #3).
The subject application is for subdivision only and no other development is
proposed. However, the Conmission finds it appropriate at this time to define
the development constraints associated with the property. Special Condition
#1 reflects this concern.· The condition requires the applicant to record a
deed restriction over those portions of the site's steep sloping areas which
are covered with coastal sage and chaparral. The areas are identified on
Exhibit #3. The deed restriction requires that no alteration of landforms,
removal of vegetation or the erection of structures of any type in the·
identified area is to occur without the written approval of the California
Coastal Connission or successor in interest. The restriction is to be
recorded free of prior liens and encumberences which would affect the interest
being conveyed and in a form and content acceptable to the Executive
Director. With the imposition of this condition, ~he Co1m1ission finds the
Legal description identifying deed restriction areas of coastal sage scrub
within the limits of City of Carlsbad minor subdivision No. 785.
Exhibit A; Legal Description
Those portions of "Description No. 4, 76.89 Acres" as shown and deliniated on
Record of Survey Map No. 5715 filed in the office of the County Recorder of
San Diego County, December 19, 1960, being also a portion of Lot "G" of the
Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 823, ·filed in the office of County
Recorder of San Diego County. November 16, 1896, described as follows:
Parcell.
_Beginning at a 2 inch iron pipe marke~ LS 4525 which monuments the northeast
closing corner of Section 21, Township 12 South, Range 4 West, San Bernardino
Meridian with the south boundary of the Rancho Agua Hedionda as shown on
Record of Survey Map No. 8529 filed July 3, 1960 in the office of the County
Recorder of San Diego County; thence, following along said south boundary,
South 89°59'59" West (North 89°27'10" West per Record of Survey Map No. 8529)
182.15 feet to "the True Point of Beginning; thence, cont'inuing along said
South boundary, South 89°59'59" West ·89.33 feet to the beginning of a non-
tangent curve· concave southwesterly having a radius of 300.00 feet to which a
radial line bears North 55 ° 27 '08'.' East; thence, leaving said south boundary,
northwesterly 85.78 feet along said curve through a central angle of 16°22'59"
to the beginning of a compound curve concave southerly having a radius of
30.00 • feet to which a radial line.·bears North 39°04'09". East; thence
northwesterly, westerly and southwesterly. 33.5.2 feet along said curve through
a central angle of 64°00' 57" to the beginning of a reverse curve concave
northerly having a radius of 40.00 feet to which a radial line bears South
24 ° 56' 48" East; thence southwesterly, westerly and northwesterly 42. 45 feet
along said curve through a central angle of 60°48'01"; thence North 54°08'47"
West 25.00 feet to the beginning of a non-tangent curve concave southeasterly
having a radius of 300. 00 feet to which a radial line bears North 66° 11' 3011
West; thence northeasterly 161. 24 feet along said curve through a central
angle of 30°47'44"; thence South 56°16'30" East 86.98 feet to the beginning of
a tangent curve concave southwesterly having a radius of 105.00 feet; thence
southeasterly and southerly 105. 64 feet along said curve through a central
angle of 57°38'51" to the beginning of a reverse curve concave easterly having
a radius of 125.00 feet to which a radial line bears North 88°37'39" West;
thence southerly and ~southeasterly 74. 30 feet along said curve through a
central angle of 34 °03 '25" to the True Point of Beginning. •
The parcel of land described above contains 0.635 acres, more or less.
Parcel 2.
Beginning at a 2 inch iron pipe marked LS 4525 which monuments the northeast
closing corner of Section 21, Township 12 South, Range l1 West, San Bernardino
Meridian with the south boundary of the Rancho Agua Hedionda as shown on
Record of Survey Map No. 8529 filed July 3, 1960· in the· office of the County
EXHIBIT •o•
Paqe 1 of 2
LEGAL DESCRIPTION
THE LANO REFERRED TO HEREIN IS SITUATED IN THE STATE OF ~ALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF Ll\ND DESIGNATED AS "DESCRIPTION NO. 4, 76. 89
ACRES" AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 5715,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA
HEDIONOA, IN '!'HE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF TUE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896.
EXCEPTlltG THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT TUE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4"; THENCE
ALOHG THE WESTERLY LINE OF SAID PARCEL SOUTH 09"58 1 1711 EAST, 600.00
FEET: THENCE LEAVING SAID WESTERLY LINE NORTH 77•22 1 5211 EAST, 1107.47
FEET; THENCE NORTH 49•01•52" WEST, 811.18 FEET TO THE NORTHERLY LINE
OF SAID "DESCRIPTION NO. 4"; THENCE ALONG SAID NORTHERLY LINE SOUTH
71.35 1 51" WEST 612.83 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
EASEMENTS FOR ROADWAY AND UTILITY PURPOSES OVER THOSE CERTAIN STRIPS
OF LAND DESIGNATED AS 11 60.00 FOOT EASEMENT AND 66.00 FOOT EASEMENT
RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF ·
SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAH DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF
THE RANCHO AGUA IIEDIONDJ\, IN TIJE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896.
EXCEPTING FROM SAID 60. 00 FOOT STRIP THAT PORTION WHICH LIES WITHIN
PARCEL 1 ABOVE.
THE EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT
TO ANO FOR THE USE ANO BENEFIT OF THE PRESENT ANO FUTURE OWNERS OF
ALL OR ANY PORTION OF "DESCRIPTION NO. 4, 76.89 ACRES" AS SHOWN AND
DELINEATED ON SAID RECORD OF SURVEY MAP NO. 5715.
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