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HomeMy WebLinkAboutCT 93-10; Seapointe Resort; Tentative Map (CT) (2)STATE OF CALIFORNIA—THE RESOURCES PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 COASTAL DEVELOPMENT PERMIT NO. Page 1 of 6 6-94-157 On February 9. 1995 , the California Coastal Commission granted to Continental Commercial Corn. this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Subdivision of an approximately 8 acre lot into a 2.4 acre parcel (Lot 1) and 5.5 acre parcel (Lot 2). Lot 1 to be developed with a 45-foot high, 72,396 sq.ft. 78 unit timeshare resort including underground parking, club house, exercise room, volleyball court, two swimming pools, and play yard. New signalized intersection at Descanso and Carlsbad Boulevards. The project also proposes an offer to dedicate an open space easement over the proposed Lot 2. See pages 6-8 for a detailed description of the project. Lot Area Building/Paved Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 8 acres 1.4 acres (187.) 1.1 acres (14%) 5.5 acres (687.) 99 Commercial-Tourist; Open Space Travel Services Commercial; Open 10.8 du/ac 45 feet Space Site:Northeast of Carlsbad Boulevard/Descanso Boulevard intersection, Carlsbad, San Diego County. APN 214-010-01. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and COASTAL DEVELOPMENT PEB^T NO. 6-94-157- Page 2 of _£_ W IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. ^>LooM<0 )/wl Signature of Permittee cu> - STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. COASTAL DEVELOPMENT SUBMIT NO. 6-94-157 Page 3 of 6 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Offer to Dedicate Open Space Easement. Prior to the issuance of a coastal development permit, the applicant shall submit to the Executive Director for review and written approval evidence that the applicant's proposed irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area shown on the attached Exhibit "#3" and generally described as the 5.5 acres of Lot 2, has been executed in accordance with the terms as proposed by the applicant and as detailed on pages 6-8 of the staff report dated 12/22/94. Said open space easement shall prohibit any development, including but not limited to, any alteration of landforms, placement or removal of vegetation, or erection of structures of any type; except that development for habitat restoration may occur in existing disturbed areas as shown on the Biological Resources Report by ERC, dated January 1990, pursuant to an approved coastal development permit. The document shall include legal descriptions of both the applicant's entire parcel(s), the easement area, and the existing disturbed habitat area. 2. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any development, including but not limited to, alteration of landforms, removal of vegetation or the erection of structures of any type, in the area shown on the attached Exhibit "#4" and generally described as that area from the top of the slope at the north end of the proposed Lot 1, to the southern boundary of the proposed Lot 2 as referenced on the tentative map dated August 1993 (revised 8/2/94) by George O'Day, except for: 1) landscaping in accordance with Special Condition #3 of CDP #6-94-157, and 2) hand-filling and compacting the cave on the north-facing slope on Lot 1 as shown on the tenative map submitted January 13, 1995. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the/Executive Director. 3. Final Landscape Plans/Deed Restriction A. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, a detailed landscape plan developed in consultation with the California Department of Fish and Game indicating the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. Said plan shall be COASTAL DEVELOPMENT PERMIT NO. 6-94-157 Page 4 of 6 SPECIAL CONDITIONS, continued: submitted to, reviewed and approved in writing by the Executive Director and shall include the following: 1) The placement of at least 20 specimen size trees (minimum 24-inch box) along the west facing areas of the site. Said trees shall be of species compatible with the natural character of the area with varying degrees of height and canopy sufficient to break up the west facing building facade from views from Carlsbad Boulevard and the beach in substantial conformance with the draft landscape plan received January 9, 1995. 2) The placement of at least 10 specimen size trees (24-inch box minimum) and plantings arranged on the northern slope of the developable area. Species compatible with the adjacent wetland vegetation shall be utilized to effectively screen the structure from views from the north; 3) The area on the north-facing slope of Lot 1 disturbed by filling and recompacting the existing cave in the hillside will be planted with drought-tolerant, non-evasive natives compatible with the adjacent wetland habitat. 4) Prior to occupancy of the timeshare units, all required plantings shall be in place; 5) A written commitment that all required plantings shall be maintained in good growing condition, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with applicable landscape screening requirements. B. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction, in a form and content acceptable to the Executive Director, to ensure that the intent of this condition continues to be applicable throughout the life of the project. The restriction shall provide that landscaping shall be implemented in accordance with Special Condition #3 and consistent with those plans approved with CDP #6-94-157. The restriction shall be recorded, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. 4. Sign Program. Prior to the issuance of the coastal developement permit, the applicant shall submit a comprehensive sign program for all proposed signage documenting that only monument signs, not to exceed eight (8) feet in height, or facade signs are proposed. No tall, free-standing pole or roof signs shall be allowed. Plan shall include signage identifying Descanso Boulevard as a beach accessway. Said plans shall be subject to the review and written approval of the Executive Director. COASTAL DEVELOPMENT PERMIT NO. 6-94-157 Page 5 of _5_ SPECIAL CONDITIONS, continued: 5. Disposal of Excavated Material. Prior to the issuance of the coastal development permit, the applicant shall obtain a written determination from the California Department of Parks and Recreation identifying, based on information submitted by the applicant, the quantity of material suitable for beach sand replenishment on the adjacent Carlsbad State Beach, and the process required to enable deposition above the mean high tide line by June 1, 1995. If processing permits, the applicant shall be required to transport all suitable material to a location approved by State Parks by that date. For any material determined to be unsuitable for beach deposit by that date, the applicant shall identify the location for the disposal of graded spoils. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from the California Coastal Commission or its successors in interest. 6. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall specify that no lane closures shall take place on Carlsbad Boulevard between June 30 and Labor Day. In addition, the applicant shall submit final plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on public access via the maintenance of existing public parking areas and traffic flow on coastal access routes (Carlsbad Boulevard, in this instance). Use of public parking areas for staging/storage areas shall not be permitted. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas located on the proposed Lot 2. If more than one staging site is utilized, the plans shall indicate which sites are connected with which portions of the overall development, and each individual site shall be removed and/or restored immediately following completion of its portion of the overall development. 9. Exterior Treatment/Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a color board or other indication of the exterior materials and color scheme to be utilized in the construction of the proposed hotel facility. Said materials shall be consistent with those described in the following which shall be recorded as a deed restriction against the property that states: Any future modifications to the exterior surfaces of the resort shall be implemented with building materials of natural earthen tones, including deep shades of green, brown and grey, with no white or light shades, and no bright tones, except as minor accents, to minimize the resort development's contrast with the surrounding scenic areas, and consistent with those approved under Coastal Development Permit #6-94-157, on file in the Commission's San Diego office.