HomeMy WebLinkAboutHDP 96-10A; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (6)Page 1 of B
NOT- INTENT TO
On May 14. 1998 , the Cali fornla Coastal Commission approved the appl i cation of en , subject to the attached standard and special condittons, for the development described bel ow:
Descriptton: Two lot subdivlslon of a 3.66 acre site (Lot lr1.55 acres: Lot
212.11 acres). Construction of a single-story, 5,400 sq.ft. resldence on lot 1 and also a single-story, 5,300 sq.ft. resldence on Lot 2. Proposed is the constructlon of a swiming pool on tot 1 and a tennis court and swiming pool on Lot 2, vertical fencing along the property llnes to the mean high tide
1 ine of Agua Hedlonda Lagoon, time-lock gates to restrict lateral publlc access along the lagoon, exotic landscaping and lrrlgation wlthin the lagoon buffer and upland areas covering both lots, a boat launch ramp, crlb wall, fire ring and barbecue, The appl lcant a1 so proposes to record an offer to dedicate a 25-fOOt wide easement for lateral public access along the lagoon (within the buffer), and to construct trail improvements. A1 so, proposed is a lot 1 Ine adjustment between Lot 2 and an ad3acent parcel to the northeast and street Improvements to Adams Street. Cut gradlng 1 s proposed at 12,400 cublc yards, flll grading Is proposed at 3,400 cubic yards with 9,000 cublc yards to be exported off-rlte. Landscaping, fencing, and hatdscape Improvements within the buffer have occurred without a coastal development petmi t.
Lot Area Bull dl ng Area Paved Area Landscaped Area Unimproved Area Zonl ng Plan DesignatIan Ht . Above Fin.Grade
159,429 sq.ft. (3.66 acres comblned) 12,442 sq. ft . 23,958 sq.ft. 96,829 sq.f't.
26,429 sq. ft . R-1-15,000 Resldential Lou Medlum-0-4 du/ac 19 ft.
SI te: 4523 Adams St., Carl sbad, San Oiego County. APN 206-200-08
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EL : 61 951 1 9672 P:Qt
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-96-159 Page 2 of
The permlt will be held In the San Oiego District Offlce of the Cormlss~on, pending fulfi 1 lment of Special Conditlons 1 - Lp. When these condl tlons have been satisfied, the permit will be issued.
CHARLES OAMM DISTRICT DIRECTOR BY
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, The perml t is not Val Id and
development la copy of the perml t, signed by the perm1 ttee or authorized agent, acknowledging recelpt of the perml t and acceptance of the terms and condltlons, 1 s returned to the Commlssion office.
mi ratlw. If development has not commenced, the perm1 t wi 11 expire two years from the date on nhlch the Commlsslon voted on the applicstlon. Development shall be pursued in a dlllgent manner and completed in a reasonable period of the. Appllcatton for extenslon of the permlt must be made prior to the explration date.
-. All development must occur In strlct compliance wlth the proposal as set forth below. Any devlatlon from the approved plans must be revlewed and approved by the staff and may requl re Commission approval.
Interpretatlon, Any questlons of Intent or Interpretatlon of any condl tion will be resolved by the Executlve Dlrector or the Commlsslon.
-, The Commission staff shall be a1 lowed to Inspect the st te and the development during constructlon, subject to 24-hour advance notlce.
w. The permit may be assigned to any qual1 fled person, ptovlded assignee flles wlth the Commlsslon an affidavit acceptlng all terms and condltlons of the permit.
ItlQaLBUtl4ri th the_land. These terms and conditions shall
be perpetual, and It Is the Intention of the Commlsslon and the permlttee to bind all future owners and possessors of the subject property to the terms and condl tions.
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-96-159 Page 3 of 1
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The permlt is subject to the following conditlons:
1. 1s. Prlor to -the Issuance of the coastal development petmlt, the appllcant shall subml t for the rev1 en and wri tten approval of the Executlve Director, a revlsed parcel map and revlsed flnal slte and bulidtng plans approved by the City of Carlsbad which Incorporate the following:
8. A revlsed allgnment of the proposed publlc access easement to extend &feet upland of the mean high tide llne as shown on the tentative map dated March 21, 1997 whtch Is understood to be ambulatory from day to day to provide lateral access along the entlre lagoon frontage width of the property.
b. Installatlon of time-lock gates at the east and nest property llnes at the location of the publ IC access easement 1 s prohi bl ted, The publ i c access easement shall remaln open and shall not be blocked with fencing, gates, or other structures. An amendment to thls perml t or a new coastal development permlt shall be requlred for installatlon of addltlonal publlc access Improvements.
c1 HI th the exception of the volleyball court, a1 1 erlsttng Improvements (barbecue, pl cnl c table on concrete pad, flre rlng, lawn, benches, lrrlgatlon for lawn) wl thin the required buffer shall not be permltted and shall be removed. Replacement vegetatlon shall be In accordance wlth Specjal Condl tion #6 of this permit. A boat launch ramp may be perml tted pursuant to Special Condition Y11 .
The permittee shall undertake development in accordance wlth the approved Plnal plans. Any proposed changes to the approved flnal plans shall be reported to the Executive Dlrector. Proposed changes to the approved ftnal plans shall not occur wlthout a Coastal Comlsslon-approved amendment to this coastal development permit unless the Exocutlve Dltector determlnes that no amendment is requlred.
2. n e De Res e Prior to the Issuance of the coastal dev*lopm%?$%t, a3 ultmays of Convalsston actlon, the appllcant shall record a restrlctlon against the subject property. The restrictlon shall prohlbi t any a1 tetatton of landforms, erection of structures of any type and removal of vegetatton, except as perml tted hereln, for any purposes In the proposed buffer area as shown on the tentative parcel map dated 1/8/98 (Exhibit 3) and generally descrlbed as the area between the mean high tlde llne and a 1 Ine to the north rangtng from 60-feet on the eastern slde of Lot 2 and 100-feet on Lot 1. The sand volleyball court, natlve drought-resistant vegetatlon requfred hereln, rlp-rap energy dissipator, boat launch ramp, a future publlc trail wlth 5 ts assoclated improvements and upland Penclng and/or landscaping to demarcate publlc/prlvate use as approved pursuant to Specfa1 Conditlon U6 of CDP #6-96-159, shall be ptrmttted wlthln the buffer. The document shall Include legal descrlptlons of both the applicant's entfre parcel(s1 and the easement area.
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NOTICE OF INTENT TO ISSU Page 4 of B IE PERMIT NO. 6196-
The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executlve Illrector determlnes may affect the enforceability of the restriction, This deed restrtctlon shall not be removed or changed without a Coastal Commlsslon-approved amendment to this coastal development permlt unless the Executive Director determines that no amendment 1 s tequl red.
developm%permlt, and wlthln 90 days of Commisslon action, the appllcant shall execute and recotd a document, In a form and content acceptable to the Executive Director, 1 rrevocably offering to dedicate to I publ IC agency or private assoclatlon approved by the Executive Dltector an easement for lateral publfc access and passlve recreatlonal use along the lagoon shoreltne. The easement shall be located along the entire width of the property along the Agua Hedlonda Lagoon shorellne and shall extend 25-feet upland of the mean high tide llne as shown on the tentatlve parcel map for coastal permlt dated 1/8/98, which is understood to be ambulatory from day to day.
The document shall provide that the offer of dedicatlon shall not be used or construed to allow anyone, prlor to acceptance of the offer, to interfere with any rlghts of publ lc access acqulred through use which may ewlst on the property. It shall be recorded free of prior llens which the Executive Director determlnes may affect the Interest belng conveyed, and free of any other encumbrances whlch may affect said Interest. The offer shall run wlth the land In favor of the People of the State of Callfotnia, blnding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recordlng. The recording document shall include legal descrlptlons of both the applicant’s entlte parcel(s) and the easement area.
3. ral Pufillc Acu. Prlor to the Issuance of the coastal
4. Pub11 e A-. Prior to the Issuance of the coastal development permlt, and withln 90 days of Commisslon actlon, the appllcant shall submtt, for the review and nrltten approval of the Executlve Dltector, a signbge plan which been approved by the Clty of Carlsbad, which shall Incorporate the fo 4
a. Slgnage prohl bl tlng Glass Containers, Alcohol , Dogs or Pol lutfon i s a1 lowed conslstent ut th the Carlsbad Huniclpal Code.
b. Stgnage shsll be Installed on the appltcant’s sfte In a locatlon vfslble from Cove Drive which tdentlfies that vertlcal publlc access 1s avallable to pedestrians and blcycllsts from Cove Drive to the proposed lateral publlc access easement on the applicant’s property. Sald plans shall be subject to the review and wrltten approval of the Clty of Carlsbad and the Executive Oirector.
c. The appllcant shall remove the “No trespasslng” sign located near the eastern boundary of Lot 2.
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NOTICE OF INTENT TO ISSUE PERMIT NO. &&la Page 5 of _&
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The signage plan shall be Implemented by the appllcant In accordance with the approved plan.
the Ewecutlve Director, the followlng plans wlthln the prescribed tlme frames to address the removal of existing unauthorfzed development on the sub3ect $1 te. The approved plans shall be subsequently Implemented by the appllcant in the identtfled tlme frames to avotd further enforcement action.
5. bforcm. The applicant shall subml t for revlow and approval of
WITHIN 90 DAYS OF COMMISSION ACTION ON THIS COASTAL DEVELOPMENT PERMIT APPLICATXON, or such time additlanal time as the Executive Dlrector may grant 'for good cause, the appllcant shall satlsfy all requlrements specifled in the condltlons hereto that the applicant is requtred to satisfy ptlor to Issuance of thls perml t. Fa1 lure to comply wlth thls requirement may rssui t in the lnstltution of enforcement actlon under the provlslons of Chapter 9 of the Coastal Act. Addltlonally, the applicant shall complete the followlng:
a. tandscaplng/Improvement Plans approved pursuant to Spectal Condl tlon
#6 shall be Implemented wlthln 30 days of Issuance of the permit, such that removal of exlsting unpermltted landscaplng and Improvements wlthln the buffer shall occur withln 120 days of Commlssion actfon; and, revegetation of the buffer, as requlred hereln, shall occur within 120 days of Comdsslon actlon;
b. Wlthln 120 days of Comlssion actlon:
(1 1 The access slgnage shall be lnstalled as described In Special Condi t 1 on #4:
(2) The vertical fencing In the publlc access easement area shall be removed and;
(3) The "no trespassing" sign located near the eastern boundary of Lot 2 shall be removed as descrlbed In Special Condltion #4.
The slte shall be subject to a staff inspection upon completion of the above tequl red landscaping and improvements to confirm conformance wl th the approved plans .
6. ed DC+ Plan. Prior to the Issuance of the coastal Oeveloprn~psrm~wlthln 90-days of Commisslon action, the appllcant shall subml t to the Executive Dlrector for revlsw and wrltten approval In consultation wlth the Department of Fish and Gams, a revised landscape plan, which has been approved by the Clty of Carlrbad, which shall incorporate the Qol lowlng:
a, The existing grass lawn wlthin the requlred buffer Shll be removed and replaced wl th native, drought-resf stant landscaping acceptable to the Executtve Director tn consultatton wlth the Department of Fish and Game. The plan shall Indicate the type, $128, extent and locatlon of all plant materlal s, the proposed irrlgatlon system and other landscape features.
NOTICE OF INTENT TO ISSUE PERMIT NO. b-96-lu Page 6 of
SPECIALCONDITIONS, con t I nued:
b Landscaping upland of the buffer shall be destgned to ml tlgate the vlsual impact of the structures as viewed from the lagoon and publlc bccess trail, whlle preservlng vlews from the homes. The revised landscape plan shall indlcate the placement of a mlnimum of one rpeclmen size tree (24-inch box mtnimum) for every 10 feet of pad area lagoonward of the proposed bull dtng sltes and arranged to maxlml te screening of thestructures from vtews from Aqua Hedionda Lagoon and Interstate 5. A ml nimurn of 20-trees shall be provl dod lagoonward of the bull dtng pad for Lot 1, and a minlmum 13-trees shall be ptovlded lagoonward of the buildtng pad for Lot 2. For the tennis court, a mlnimum of 6-trees shall be provlded on the lagoon slde of the court. At maturity the trees shall approxlmate the height of the rootllne of the rssldences and approxlmate the hetght of the fence surrounding the tennis court. The required trees shall be planted wlthln 60 days of completion of resldentlal construction and be matntatned in good growlng condltlon for the Ilfe of the restdences. The plan shall also Include the use of specles whl ch do not reach sufflclent hefght to block publ ic views from Adams Street. Maintenance requlrements to assure no blockage of publ i c views must be Incorporated Into the approved plan. Sald trees shall be compatl bl e wt th
the natural character of the surrounding envlronment (i .e., non-lnvaslve or noxious).
c, A 20-foot landscaped buffer shall be planted on the property along Its Adams Street frontage. However, specles ut thln the landscaped buffer shall not reach suff'lclent helght to block public vlews from Adams Street. Halntenance requlrements to assure no blockage of publlc vlews shall be Incorporated into the approved plan.
d. Instalistlon of lateral fenclng may be permltted across the stte in the following alignment: on the western slde of the stte, fenclng may be placed at the inland extent of the buffer. On the eastern slde of the site, lateral fencing is allowed at the toe of the slope of the natural landform at the approxlmate 10-foot elevation to the eastern property line as shown on Exhibl t 8. Installatton of the permltted fenclng must malntaln lateral and vertical access to and along the shoreline,
e. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the uppl 1 cant shall execute and record a deed restrlctlon, In a form and content acceptable to the Executive Director agalnst the subject property, The restrlctlon shall Incorporate the requlrements of condition I6 to ensure that speclmen-slte trees shall be malntalned throughout the life of the permi tted development.
The document shall run wlth the land, blndlng all successors and asslgns, and shall be recorded free of prlor ?lens that the Executlve OIrector determlnes may affect the enforceablllty of the resttlctlon. Thls deed restrlctlon shall not be removed or chhngcd wlthout a Coastal Commf sslon-approved amendment to thl s coastal development perm1 t unless the Executlve D1 rector determlnes that no amendment 1 s required.
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NOTICE OF INTENT TO ISSUE PERMIT NO. 6-p6-159 Page 7 of ."
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7. j. Prior to the issuance of the coastal development permit, and wlthln 90 days of Commlsslon action, the appl tcant shall subml t for the revlerJ and written approval of the €xecutlve Director, ftnal drafnage and runoff control plans for the pro3ect deslgned by a 1 Icensed engl neer qual lfl cd 1 n hydrology and hydraul lcs , which would assure no Increase In peak runoff rate from the developed site over runoff from the natural slte, as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour ralnstorm). The plan shall document that runoff from the Impervious surfaces of the slte wtll be collected and dlscharged at a non-eroslve veloclty and elevatlon. Energy dlssipbting measures at the terminus of any proposed outflow dralns shall be constructed. Any vegetation removed to Install such measures shall be replanted with native vegetation.
The applicant shall also submit a wrl tten comml tment indicating that all devices shall be installed and maintatnod by the applicant in accordance with the approved plan.
8. mina -Erosion Cow. Prior to the issuance of the coastal development perm1 t and wl thin 90 days of Commission action, the appllcant shall subml t, for the review and wrl tten approval of the Executlve Director, final grading plans whlch shall be subsequently Implemented and conform to the fol lowi ng requl rements :
a) No gradlng activltier shall be allowed durlng the rainy season (the perlod from October 1st to March 31st of each year). All dlsturbed areas wlll be replanted Imedlately followlng gradlng and prlor to the beglnnlng of the ralny season. The applicant shall undertake the development In accordance wlth the approved gradlng and eroslon control plan. Prlor to commencement of any gradlng actlvity, the applicant shall submlt a gradfng schedule to the Executlve Director.
b) The Installation of temporary and permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-slte grading actlvities.
c) All areas dlsturbed, but not completed, durlng the constructton season, including graded pads, shall be stabilized in advance of the rainy season. The use of temporary eroslon control measures, such as berms, interceptor ditches, sandbagglng, fflteted Inlets, debtts basins, and sllt traps shall be utlllzed In conjunctlon wlth plantlngs to minlmlze sol1 loss from the constructton slte.
9. of Str r This approval liml ts the height of%%erldenccnterl lne of Adam Street whlch is at elevatlon 42-ft. Mean Sea Level. The subject permit Is only for the development descrlbed in coastal development permlt No. 6-96-159. Pursuant to Tltle 14 Callfotnla Code of Regulations Soctfon 13250(b)(6), the exemptlons othernlse provlded In Public Resources Code Sectlon 30610(a) shall not apply to the area governed by coastal development parmlt No. 6-96-159. Accordlngly, any future Improvements to the existhg slngle famlly residence,
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-I=ONDITIDNS, contlnued:
whlch are proposed wi thln the area governed by coastal development. permlt No. 6-96-159 shall require an amendment to permlt No, 6-96-159 frm the Califotnafa Coastal Commlsslon or shall requlre an additional coastal development permit from the Callfornia Coastal Commission or from the
certl fl ed 1 oca1 government.
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restrictlon in a form and content acceptable to the Executlve Dlrector, reflecting the above restrlctions on development in the restrtcted area. The deed restrictlon shall Include legal descrlptlons of both the appl fcant's entire parcel and the restricted area. The deed restrlctlon shall run wlth the land, bindlng all successors and asslgns, and shall be recorded free of prior llens that the Executlve Dlrector determines may affect the enforceablilty of the restrlctlon. This deed restruction shall not be removed or changed wlthout a Coastal-Commission approved amendment to this coastal development permit unless the EKecuttve Director determines that no amendment 1 s required. A1 1 other development proposals for the site shall requlre review and approval by the Coastal Comission, or 1 ts successor in interest, under a separate coastal development permit or an amendment to thls permi t .
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10. L. Prior to the Issuance of the coastal Ielopment perml t, the applicant shall ldentlfy the locatlon for the dlsposal graded spot1 s. If the site Is located wlthln the coastal zone, 8 separate coastal development perml t or permit amendment shall fltst be obtained from the California Coastal Comlssion or its successors In interest, No stockplling of exported materlals shall be permltted on-sl te durlng the rainy season, 1 .e. , October to Aprll of any year
11. Boat_Launrh. Prlor to the issuance of the coastal development
perml t, the appl icant shal? subml t for the revlew and uri tten approval of' the Executive Dlrector, plans for a boat launch tamp whkh have been approved by the Army Corps of Engineers, the Californla Department of Flsh and Game and the Clty of Carlsbad. The boat launch ramp shall be sited and deslgned In a mannef to mal ntal n lateral and vertleal access to the shoreline, not extend into the water and be upland of the mean hlgh tide line.
The perml ttee shall undertake development in accordance with the approved flnal plans. Any proposed changes to the approved flnal plans shall be reported to the Executlve Dlrector. Proposed changes to the approved flnal plans shall not occur wl thout a Coastal Commlssion-approved amendment to this coastal development permit unless the Executlve Director determines that no amendment i s requi red.
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