HomeMy WebLinkAboutHDP 97-05; Gold Coast Properties; Hillside Development Permit (HDP),,e -
CITY OF CARLSBAD c
LAND USE REVIEW APPLICATION
APPLICATIONS APPLIED FOR: (CHECK BOXES) I
Administrative Permit - 2nd
Dwelling Unit .
Administrative Variance
Coastal Development Permit
Conditional Use Permit
Condominium Permit
Environmental Impact
Assessment
General Plan Amendment
Hillside Development Permit
Local Coastal Plan Amendment
Master Plan
Non-Residential Planned
Development
Planned Development Permit
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(FOR DEPARTMENT ffl E
I IO
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0
0
0
0
I IO
0
0
0
Planned Industrial Permit
Planning Commission
Determination
Precise Development Plan
Redevelopment Permit
Site Development Plan
Special Use Permit
Specific Plan
Obtain from Engineering Department
Tentative Tract Map
Variance
Zone Change
List other applications not
(FOR DEPARTMENT I
I specified I
2) ASSESSOR PARCEL NO(S).: 206-200-09
3) PROJECT NAME: Gold Coast Properties Single Family Residence
4) BRIEF DESCRIPTION OF PROJECT: Grading Plan for Single Family Residential Constuction
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Gold Coast Properties Tom Jones
MAILING ADDRESS
PO Box 2740
MAILING ADDRESS
Po Box 2740
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITIED PRIOR TO 4:OO P.M.
Form 16 PAGE 1 OF 2
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- 8) LOCATION OF PROJECT: 4529 Adam Street
STREET ADDRESS
I I ON THE I East I SIDE OF I Adam Street I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN AND I Cove Drive I Highland Drive
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE L 1
10) PROPOSED NUMBER OF LOTS rl RESIDENTIAL UNITS 111 RESIDENTIAL UNITS
1 1) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
(existing)
13) TYPE OF SUBDIVISION Fl SQUARE FOOTAGE F/ SQUARE FOOTAGE
15) PROPOSED COMM 14) PROPOSED IND OFFICE/
16) PERCENTAGE OF PROPOSED kl ADT PROJECT IN OPEN SPACE
17) PROPOSED INCREASE IN rl 18) EAE.SrEEWER
19) GROSS SITE ACREAGE (RMI 21) PROPOSED GENERAL
PLAN DESIGNATION
22) EXISTING ZONING 23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO EN TRY FOS THIS PURPOSE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED /-top 577-05- I /a- I
TOTAL FEE REQUIRED 4QO -
DATE FEE PAID
Form 16
MAR 1 9 1997
REQIVED BY:
RECEIPT NO. - 3 5-
PAGE 2 OF 2
1 '.7 /-? ;
,'I i:. +.+ I 3 l [ CITY OF CARLSBAD -
" 1200 CARLSBAD rLLAGE DRIVE CARLSBAD, L LIFORNIA 92008
434-2867
ACCOUNT NO. I DESCRIPTION 1 AMOUNT
@ Printed on recycled paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER
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DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all
application.
Gold Coast Promies, L.L.C.
persons having a financial interest in the
2734 Madison St.
Carlsbad, CA. 92008
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
Gold Coast Properties, L.L.C.
2734 Madison St.
Carlsbad. Ca. 92008
3. If any person identified pursuant to (1 1 or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
Thomas E. Jones 2734 Madison St., mrlsbad, Ca. 92008
sham O'Gorman 2144 Redwood Crest, Vista, CA. 92083
William Howard 1800 North Central Ave., #1800, Phoenix
Arizone 85004
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 0 (61 9) 438-11 61 - FAX (61 9) 438-0894 @
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5. Have you had mor, than $250 worth of business trans,,Led with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(1 2) months? 0 Yes No If yes, please indicate person(s):
I’
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a unit.”
NOTE: Attach additional sheets if necessary.
Gold past Properties, L.L.C. Gold Coast Properties, L.L.C.
Thms E. Jones, Managing Partner Thomas E. Jones, Managing Partner
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
- HIMSIDE DEVELOPMENT PERMIT CHEW LIST
COMMENTS
PROJECT NUMBER
1. Land Use Review Application Form
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2. Slope Analvsis (5 Copies)
3. Slope Profile (5 Copies)
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4. Environmental Impact Assessment Form (Separate Fee required)
5. Site Plan, Gradinq Plans, Preliminarv Landscape Plan, Buildinq Plans, Elevations (5 each)
6. Disclosure Statement
7. Title Report (3 Copies)
8. Application Fees. (Planner to include Application Number and Account Number on receipt)
a PFF Aqreement (2 Copies) (Separate Fee Required) The oriainal PFF Aqreement with the
application number written in the lower riqht hand corner and one CODV of the title reDort must
be sent to the Citv Clerk's Office bv the Planninn Department for review and recordation)
+I3 we u4- pef=be> wJ% /+flfl/&hhd, $iwE"@ lu*h fl&042.
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10. Planner to date stamp the application materials and plans. Application materials must be
qiven to data entrv as soon as possible on the same dav thev are submitted.
DATE 3 SIGNATURE
FRMOOOl 1 2/96 Page 5 of 5
PRELIMINARY REVIEW APPLICATION
PROJECT NAME:
APPLICANT N
MAILING ADDRESS: 33323 PU PC , &Z,E~ZH~&. 4 9.56
PHONENUMBER: &3* ZB&C ‘
PROJECT ASSESSOR’S PARCEL NUMBER(S) (APN): a& - +3O 08
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL, TO YOUR ASSIGNED
STAFF PLANNERKNGINEER? YES - NO
I3 0
.‘LEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY
SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
:OR CITY USE ONLY
’ROJECT NUMBER: a-36
:EE REQUIREDmATE FEE PAID: & \EaoD
ECEIPT NO.: 30499
FRM0025 3/96 PAGE 3 of 3
\'
REC'D FROM DATE
ACCOUNT NO. DESCRIPTION
I I I I I
RECEIPT NO. ~~~~~ NOT VALID UNLESS VALIDATED BY
@ Printed on recycled paper. CASH REGISTER
STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor 1 CALIFORNIA COASTAL COMMISSION i SAN DIEGO COAST AREA
, ... ., '
31 11 CAMINO DEL RIO NORTH, SUITE 200 COASTAL DEVELOPMENT PERMIT NO. 6-97-49
SAN DIEGO, CA 92108.1725 Page 1 of 4 (619) 521-8036
On October 8. 1997 , the California Coastal Commission granted to
this permit for the development described below, subject to the attached Standard and Speci a1 Condi ti ons.
Jones Bui 1 di na
Description: Demolition of an existing 1,830 sq.ft. single family dwelling
and construction of a one-story, 5,285 sq.ft. single family residence, attached garage and swimming pool on a 1.61 9 acre lot. The applicant proposes approximately 1,730 cubic yards of cut grading and 340 cubic yards of fill, with 1,390 cubic yards proposed to be exported off-site; grading is proposed to occur unti 1 November 15, 1997.
Lot Area
Bui 1 di ng Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoni ng P1 an Designation Ht abv fin grade
70,554 sq. ft.
6,629 sq. ft. ( 9%) 5,020 sq. ft. ( 7%) 37,380 sq. ft. (53%) 21,525 sq. ft. (31%) 2 R-1-15 Res. Medium (0-8 du/ac) 19 feet
Site: 4529 Adams St., Carl sbad, San Di ego County. APN 206-200-09.
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS Executive Director
and
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 undersi
receipt of
abide by a1
thereof.
Date
gned permittee acknowledges
this permit and agrees to
1 terms and conditions
Signature of Permi ttee
COASTAL DEVELOPMENT PERMIT NO. 5-97-49
Page 2 of 2
STANDARD:
1.
2.
3.
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5.
6.
7.
Notice of Receipt and Acknowledaement. The permit is not valid and development shall not commence unti 1 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.
Expi ration. If development has not commenced, the permi t wi 11 expi re 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.
mliance. 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.
Intermetation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
ectionp. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
Assianment. 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.
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.
SPECIAL:
The permit is subject to the following conditions:
1. Qnen Soace Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of a1 1 prior 1 iens and encumbrances, except for tax 1 iens, 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 alteration of landforms, erection of structures of any type and removal of vegetation for any purposes in the area shown on the attached Exhibit "3" to ensure preservation of all coastal sage scrub on steep slopes. Brush management as approved in CDP #6-97-49 shall be permitted. The recording document shall include legal descriptions of both the applicant's entire parcel 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 of the Executive Director.
COASTAL DEVELOPMENT PERMIT NO. 5-97-49
Page 3 of 4
IAI CONDITIO& continued:
2. Revised Landscuina Plan. Prior to the issuance of the coastal development permit, the appl Scant shall submit a detailed landscape plan 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. Use of native plant species compatible with the adjacent coastal sagelchaparral vegetation shall be used on the slopes surrounding the residence. At least 6 specimen-sized trees (24 inch box) shall be planted at various locations to break-up the mass of the residence and help mitigate the project's visual impact when viewed from the lagoon and 1-5. Said plan shall be reviewed and approved by the Executive Director in consultation with the California Department of Fish and Game.
3. Revised Site Plan/Brush Manaament Proaram. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a brush management program approved by the City of Carl sbad Fire Department. The plan shall include a scaled site plan exhibit showing a 100 foot distance beyond the building pad and the required open space area. The plan shall designate those areas subject to clearcut vegetation removal for fire protection purposes, and all those areas subject to selective thinning and pruning. Said program shall indicate that no clearcut vegetation removal for brush management purposes shall be permitted within the required open space areas; therefore, if the existing setback of the residence is not sufficient to prevent clearcut removal of vegetation for fire protection purposes, the site plan shall be revised in accordance with the setback required by the fire department to prevent such
clearcut. The project construction and implementation of the brush management program shall be in accordance with the approved plans.
4. Sradina and Erosion Control. The applicant shall comply with the following conditions related to grading and erosion control:
A. Prior to the issuance of the permit, the applicant shall submit final grading plans, approved by the City, to the Executive Director for revjew and written approval. Said grading plans shall be in substantial conformance with the submitted plans and shall indicate no encroachment into the open space requirements contained in Special Condition #l.
This coastal development permit approves a one-time grading season encroachment until November 15, 1997. Prior to commencement of any grading activity, the permittee shall submit a final grading plan approved by the City of Carl s bad.
B. All permanent run off and erosion control devices shall be developed and instal led prior to or concurrent with any on-si te grading activities.
COASTAL DEVELOPMENT PERMIT NO. 5-97-49
Page 4 of 4_
mCIAl, CONDITIONS, continued:
C. A1 1 areas disturbed but not completed during the construction season, including graded pads, shall be stabilized in advance of November 15, 1997. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site.
The applicant shall undertake the development in accordance with the approved grading and erosion control plan. Any variation from the schedule shall be reviewed as an amendment to this coastal development permit.
5. pi sDosal of Graded SDoi 1 s. Prior to the issuance of the coastalldevelopment permit, the applicant shall identify the location for the
di sposal of graded spoi 1 s . If the site i s 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.
r
STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gommor
CALIFORNIA COASTAL COMMISSION . SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN MEGO, CA 921081725
(619) 521-8036
Tom Jones
Gold Coast Properties, LLC P.O. Box 2740 Carl sbad, CA 92018
NOTICE OF ACCEPTANCE
Date: October 23. 1997
Appl i cant: Tom Jones
Document or P1 ans : ODen SDace Deed Restriction. LandsWinglBrush Manaaement
Plans. Erosion Control Plans. Disposal Location
Submitted in compliance with Special Condition(s1 No(s1. 1-5 of Coastal Development Permit No. 6-97-49
Material submitted in compliance with said Special Condition(s1 of your development permit has been reviewed by the District Director and found to fulfill the requirements of said condition(s1. Your submitted material and a copy of this letter have been made a part of the permanent file.
Sincerely,
Char1 es Damn Di strict Director
By : I
' ; Perrni t No. 6-97-49
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I . RECORDING REQJESTEO BY AN0 MAIL TO: Call fornia Coastal Commtsslon
San Francisco, CA 9410s-2219 + 1 45 Ftemont Street, Sui to 2000
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8. NOTICE:
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THIS SU8OROlNATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SU83ECT TO AND OF LWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SKURITY INSTRUMENT. (THIS NOTICE REQlJXRED BY CALIFORNIA CIVIL CODE SECTION 2953.3)
11 4 Thl t rubordlnatlon hgreement It made between (1) and !i _mureen ede, mtees ur~ 4/6/94hetelnafter called the "Beneflcfary.'
and (2) Gold Coast mi-, - Lu3 herel naf tet
14 j called the The undetslgned Bentflciary under Deed of Trust
dated (3) April 26, 1996 - and recorded on (4) BY 1 1996 it
le 1 Instrument No. (5) 1996-0220587 , of Officlal Records tn the
17 I Offkc of the County Recorder of (6) sari Dieso encurnbertng the teat
18 I .I property described tn Exhiblt A to this document, which Deed of Trust has
19 .' ' as Trustee (7) Old Republic Title CO. , hereby acknowledges the
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(8) Open Space Deed Restriction dated (9) Octohr~ 8, 1997 .
executed by (lo) !RIOIMS E. Jones, Gold Coast Properties IJL , recorded
concurrently herewlth, and does hereby tubotdlnate the interests of its
Deed of Trust thereto on behalf of the People of the State of Ca~lfomli-
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24 7 OATlO: October 8, 1997 / /.I
TYPE W-RINT MHE ABOVE
Gold Coast Properties,
SIGNATURE Of TRUSTOR
TYPE OU PRIM1 NAME A80VE
On 04 h, \5i~17
Public personally appeared
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WITNESS my hand and offltial real.
Signature
STATE OF CALIFORWI
COUNTY OF -5~ d
Public personally appeared s-kved DSQ %%Q(m €3c)&Ona’lly
known to me (or proved to me on the barls of satlsfattory evtdence) to be the
perron(s) whose narnc(s) Ware subscrlbed to the uithfn instrument and
acknowledged to me that khtm/they executed the same In hWhr/their
ruthorlreb capaclty(les), and that by IrWhwlthelt tfgnrturr(r) on the
instrument the person(s), or the entity upon behalf of which the perron[rl
acted, executed the instrument.
WITNtSS my hand and official real.
t./.
EXHIBIT A
10T 9 IN BLOCK D OF BELLEVISTA, IN THE CITY OF CALRSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
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RECORDING REQUESTED BY AND RETURN TO: California Coastal Comnission
45 Fremont Street, 20th Floor San Francisco, CA 94105-2219
OPEN SPACE DEED RESTRICTION
WHEREAS, Gold Coast Properties, LLC
, hereinafter referred to as the 'oWner(s)," is/ are
the record owner(s) of the following real property:
Lot 9 in Block D of Bellavista, in the Citv of Carlsbad. Countv of Sari Diego,
State of California, according to map thereof No. 2152, filed in the offire
of the County Recorder of San Diego County.
hereinafer referred to as the 'Property;" and
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II. WHEREAS, the California Coastal Comnission, hereinafter referred
to as the "Comnission," is acting on behalf of the People of the State of
California; and
111. WHEREAS, the subject property is located within the coastal
zone as defined in section 30103 of Division 20 of the California Public
Resources Code, hereinafter referred to as the "California Coastal Act
of 1976," (the Act); and
IV. WHEREAS, pursua& to the Act, the Owner applied to the
Comnission for a coastal development permit on the Property described
above; and
V. WHEREAS, coastal development permit number 6-97-49 ,hereinafter
ref erred to as the "Permit,'!$ was granted on October 8 , 192, by
the Comnission in accordance with the provision of the Staff Recomnendation
and Findings, attached hereto as Exhibit A and herein incorporated by
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COURT PAPER
STITC Or CALIrOIMIA STD 513 ~~EY 8.71.
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reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions
including, but not limited to the following condition(s):
1. QDen SDace Deed Restriction. Prior to the issuance of the coastal development permi t, 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 a1 teration of landforms, erection of structures of any type and removal of vegetation for any purposes in the area shown on the attached Exhibit "3" to ensure preservation of all coastal sage scrub on steep slopes.
Brush management as approved in CDP #6-97-49 shall be permi tted. The
recording document shall include legal descriptions of both the applicant's
entire Parcel 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 of the Executive Director.
VII. WHEREAS, the Comnission found that but for the imposition of the
above condition(s) the proposed development could not be found consistent
Jith the provisions of the California Coastal Act of 1976 and that a permit
could therefore not have been granted; and
VIII. WHEREAS, Owner has elected to comply with the conditions(s)
imposed by the Permit and execute this Deed Restriction so as to enable
3wner to undertake the development authorized by the Permit.
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COURT PAPER
STATE O? CALlFCllNlA
STD 113 ,REV 8-72,
0.P
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NOW, THEREFORE, in consideration of the granting of the Permit to the
Owner by the Commission, the Owner hereby irrevocably covenants with the
Commission that there be and hereby is created the following restrictions
on the use and enjoyment of said Property, to be attached to and become a
part of the deed to the property.
1 . COVENANT. CONDITION AND RESTRICTION. The undersigned Owner, for
himself/herself and for his/her heirs, assigns, and successors in
interest, covenants and agrees that:
the use of the portion of the Property shown on Exhibit B (hereinafter
referred to as the "Protected Land") , attached hereto and incorporated
herein by reference, shall be limi ted to natural open space for habitat
protection private recreation and resource conservation uses. No
alteration of landforms, the erection of structures of any type ot the
removal of vegetation or
nla
shall occur or be allowed on the Protected Land with the exception of the
following, subject to applicable government regulatory requirements:
(a) the removal of hazardous substances or conditions or
diseased plants or trees;
(b> the removal of any vegetation which constitutes or
contributes to a fire hazard to residential use of neighboring properties,
and which vegetation lies within 100 feet of existing or permitted
residential development;
(c) the installation or repair of underground utility lines
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STO 113 (REV 8-72 SThTL 0. CALl~ORlllA
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md septic systems;
(d) Other: brush management practices described in the Brush
Management Program approved pursuant to special condition 3 of the Permit
and attached hereto as Exhibit C and incorporated herein by reference. 2. DURATION. Said Deed Restriction shall remain in full force
and effect during the period that the said permit, or any modification or
amendment thereof remains effective, and during the period that the develop-
ment authorized by the Permit or any modification of said develoDment,
remains in existence in or upon any part of, and thereby confers benefit
upon, the Property described herein, and shall bind Owner and all his/her
assigns or successors in interest. A
3. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction
is irrevocable and shall constitute an enforceable restriction within the
meaning of a) Article XIII, section 8, of the California Constitution;
and b) section 402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute a
servitude upon and burden to the property within the meaning of section
3712(d) of the California Revenue and Taxation Code, or successor statute,
survives a sale of tax-deemed property.
4. RIGHT OF ENTRY. The Commission or its agent may enter onto the
Property at times reasonably acceptable to the Owner to ascertain whether
the use restrictions set forth above are being observed.
5. REMEDIES. Any act, conveyance contract, or authorization by
the Owner whether written or oral which uses or would cause to be used or
would pennit use of the Property contrary to the terms of this Deed
Restriction will be deemed a violation and a breach hereof. The Commission
and Owner may pursue any and all available legal and/or equitable remedies to
enforce the terms and conditions.of this Deed Resriction. In the event of a
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BURT PAPER
ATE 0. eALIVO*UlA D 113 ,Wlv 711
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breach, any forbearance on the part of either party to enforce the terms and
provlslons hereof shall not be deemed a waiver of enforcement rlghtr
regarding any subsequent breach.
6. SEVZRABILITY. If any provirlon of these restrictions is
held to be invalid, or for any reason becomes unenforceable, no other
provision shall be thereby affected or lmpaired.
Gold Coast Properties, LLC
(NOTARY ON NEXT PAGE)
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Oct 7,9i 15:38 No.020 F.10
SfATE OF CALIFORNIA
COUNTY OF sd -b 1d e-s
On O& IZ!\ 5q-I , before me+“ deqe CLb\c! , a Notary
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Public, personally appeared 5-s 3- , personal ly
known to me (or proved to me on the basis of satlsfactory evidence) to be the
perron(s),whose name(r) irI8”subsetibed to the withtn Instrument and
acknowledged to me that he/sb&thy executed the same In his/-r
authorized capacity(*), and that by hls/#m+th-&r signature(+) on the
instrument the person(*, or the entlty upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF
On , before me, . a Notary
Public, personally appeared , personally
known to me (or proved to me on the basis of satlsfactory evldence) to be the
person(s) whose name(s) ls/are subscrlbed to the within Instrument and
acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(1es). and that by his/her/their rignature(r) on the
instrument the perron(s), or the entity upon behalf of which the person(s)
acted, executed the Instrument.
dITNESS my hand and offlcial sed ,1.
Signature
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COURT PAPER
ST= ' 13 RE\ a.72.
STATE O? CALIPORN(A
os*
This is to certify that the Open Space Deed Restriction set forth above is
nereby acknowledged by the undersigned officer on behalf of the California
Zoastal Comnission pursuant to authority conferred by the California Coastal
:omission when it granted Coastal Development Permit No. 6-97-49
3n October 8, 1997 and the California Coastal Commission consents to
recordation thereof by its duly authorized officer.
CALIFORNIA COASTAL COMMISSION
U John bowers, Staff Counsel
;TAT€ OF CALIFORNIA
:OUNTY OF SAN FRANCISCO
In , before me, Deborah L. Bove , a Notary
I
'ublic, personally appeared John Bowers , personally
mown to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
-7-
Exhibit A
STATE OF CALIFORNIA-THE RESOURCES AGENCY -. PETE WILSON, Gonrno;
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA Fi 1 ed: August 8, 1997
Staff: BP-SD Staff Report: September 17, 1997
31 11 CAMINO DEL RIO NORTH, SUITE 200 49th Day: September 26, 1997
SAN DIEGO. CA 92108-1725 180th Day: February 4, 1998 i6191 521 -8036
Application No.: 6-97-49
Appl i cant: Jones Bui 1 di ng Agent: Thomas E. Jones
Description: Demolition of an existing 1,830 sq.ft. single family dwelling and construction of a one-story, 5,285 sq.ft. single family residence, attached garage and swimming pool on a 1.61 9 acre lot. The applicant proposes approximately 1,730 cubic yards of cut grading and 340 cubic yards of fi 11, with 1,390 cubic yards
proposed to be exported off-site: grading is proposed to occur unti 1 November 15, 1997.
Lot Area Bui 1 di ng Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning
Plan Designation Ht abv fi n grade
70,554 sq. ft.
6,629 sq. ft. ( 9%)
5,020 sq. ft. ( 7%) 37,380 sq. ft. (53%) 21,525 sq. ft. (31%) 2 R-1-15
Res. Medium (0-8 du/ac)
19 feet
S i te: 4529 Adam St., Carl sbad, San Di ego County. APN 206-200-09.
Substantive File Documents: Certified Agua Hedionda Land Use Plan City of Carlsbad Hi 1 lside Development Permit
STAFF NOTES:
Summarv of Staff's Preliminarv Recommendation:
Staff is recommending approval of the project subject to special
conditions regarding the recordation of an open space deed restriction, revised landscaping plans, brush management plans, provision of final grading and runoff control plans, and a plan for the di sposal of graded spoi 1 s. The
open space deed restriction wi 11 preserve on-si te areas containing coastal sage scrub, an environmentally sensitive habitat. The revised landscaping plan wi 11 assure that proposed landscaping in the proximity of the open space
areas wi 11 be compatible with the sensitive habitat. The brush management
condition will require a fire protection plan to be approved by the Carlsbad
Fire Department to assure adequate setback from open space areas to avoid the
need to remove vegetation for fire protection within the open space areas. If
an adequate setback is not proposed, a revised site plan will be required
6-97-49
Page 2
which would result in the proposed residence being resi ted to another location
on the lot to avoid clearcutting of sensitive vegetation in the open space
areas. The proposed grading and erosion control plan is required to assure
that temporary and permanent erosion control measures are installed prior to or concurrent with the grading of the site so that no downstream sedimentation
impacts to Agua Hedionda Lagoon would take place. The application also
proposes grading within the rainy season, which begins October 1 and ends on
Apri 1 1 . Because the applicant proposes to grade only unti 1 November 15,
proposes minimal grading and proposes temporary and permanent erosion control
measures, staff recomnends that the Comnission approve this encroachment. Finally, the location for the disposal of graded spoils must be identified.
If the site is located within the coastal zone, a separate coastal development permit or permit amendment must be obtained so that the Commission can be assured that its disposal will not result in adverse impacts to coastal resources. These measures are necessary to mitigate project impacts on this hi 11 side lot that contains disturbed coastal sage scrub habitat and is located between the first coastal roadway and Agua Hedionda Lagoon.
The staff recommends the Commission adopt the following resolution:
I. Amroval with Condi tiont.
The Commission hereby arantt a permit for the proposed development, subject to the conditions below, on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, wi 11 not prejudice the abi 1 i ty of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to
the provisions of Chapter 3 of the Coastal Act, and wi 11 not have any
significant adverse impacts on the environment within the meaning of the
Cal i forni a Envi ronmental Qual i ty Act.
11. Standard Conditions.
See attached page.
111. !jDeci a1 Condi ti ong.
The permit is subject to the following conditions:
1. 9Den SDace Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of a1 1 prior liens and encumbrances, except for tax 1 i ens, 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 a1 teration of landforms, erection of structures of any type and removal of vegetation for any purposes in the area shown on the attached
Exhibit "3" to ensure preservation of all coastal sage scrub on steep slopes.
Brush management as approved in CDP #6-97-49 shall be permi tted. The recording document shall include 1 egal descriptions of both the applicant' s
6-97-49 Page 3
entire parcel 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 of the Executive Director.
2. Vina Plan. Prior to the issuance of 'the coastal
development permit , the applicant shall submit a detai led landscape plan 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 uti lited to the maximum extent
feasible. Use of native plant species compatible with the adjacent coastal
sagelchaparral vegetation shall be used on the slopes surrounding the
residence. At least 6 specimen-sized trees (24 inch box) shall be planted at
various locations to break-up the mass of the residence and help mi tigate the
project's visual impact when viewed from the lagoon and 1-5. Said plan shall
be reviewed and approved by the Executive Director in consultation with the California Department of Fish and Game.
3. Revised Site Plan/Brush Manaament Ptoaram. Prior to the issuance of
the coastal development permit, the applicant shpll submit to the Executive Director for review and written approval, a brush management program approved by the City of Carlsbad Fire Department. The plan shall include a scaled site
plan exhibit showing a ,100 foot distance beyond the building pad and the
required open space area. The plan shall designate those areas subject to
clearcut vegetation removal for fire protection purposes, and a1 1 those areas
subject to selective thinning and pruning. Said program shall indicate that
no clearcut vegetation removal for brush management purposes shall be permitted within the required open space areas; therefore, if the existing setback of the residence is not sufficient to prevent clearcut removal of vegetation for fire protection purposes, the site plan shall be revised in accordance with the setback required by the fire department to prevent such clearcut. The project construction and implementation of the brush management program shall be in accordance with the approved plans.
4. Grading and Erosion Control. The applicant shall comply with the
fol lowing conditions related to grading and erosion control :
A. Prior to the issuance of the permit, the applicant shall submit final grading plans, approved by the City, to the Executive Director for review and written approval. Said grading plans shall be in substantial
conformance with the submitted plans and shall indicate no encroachment into
the open space requirements contained in Special Condition #l.
This coastal development permit approves a one-time grading season encroachment until November 15, 1997. Prior to commencement of any grading activity, the permittee shall submit a final grading plan approved by the City of Carl s bad.
B. A1 1 permanent run off and erosion control devices shall be
developed and installed prior to or concurrent with any on-site grading
activities.
6-97-49
Page 4
C. A1 1 areas disturbed but not completed during the construction
season, including graded pads, shall be stabi 1 ized in advance of November 15, 1997. The use of temporary erosion control measures, such as berms, i nterceptor ditches, sandbagging, fi 1 tered inlets, debri s basins, and si 1 t traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site.
The applicant shall undertake the development in accordance with the approved grading and erosion control plan. Any variation from the schedule shall be reviewed as an amendment to this coastal development permit.
5. mosal of Gr-Doils. Prior.to the issuance of the coastal development permit, the applicant shall identify the location for the disposal of graded spoi 1s. 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.
IV. Findinas and Declarations.
The Commi ssion finds and declares as fol lows :
1 . Detai 1 ed PrQject Qsscri Dti on . The applicant proposes demolition of an ..
existing 1,830 sq.ft. single family dwelling and construction of a one-story,
1.619 acre lot. The proposed expansion of the building pad and access will
require approximately 1,730 cubic yards of cut grading and 340 cubic yards of
fi 11, with 1,390 cubic yards proposed to be exported off-site. The applicant
proposes grading to occur until November, 15, 1997.
’ 5,285 sq.ft. single family residence, attached garage and swimming pool on a
The site of the proposed construction is a hillside lot located on the
lagoonward side of Adams Street, which is the first public roadway nearest the
north shore of Agua Hedionda Lagoon in the City of Carlsbad. Although located
between Adams and the lagoon, the site does not have lagoon frontage. Part of the hillside area below the existing building pad area contains steep slopes which are slopes greater than 25% gradient. Approximately .55 acres of steep slopes occur on the property which are presently vegetated with native, disturbed coastal sage scrub and chaparral vegetation. The project proposes
an 8% encroachment onto steep slopes, but no encroachnent into environmentally
sensitive dual criteria slopes (i .e., steep slopes containing coastal sage
scrub or chaparral vegetation).
The 1 and use desi gnation applied to the site in the Agua Hedionda Land Use Plan is RM, which would allow development at a maximum density up to eight dwelling units per acre.
2. Environmentallv Sensitive Habitat Areas. Section 30240 of the Act states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be a1 lowed within such areas.
6-97-49 Page 5
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas.
In addition, Section 30253 of the Coastal Act states, in part:
New development shall: (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.
Finally, Section 30251 of the Act states, in part:
The scenic and vi sua1 qualities of coastal areas shall be
considered and protected as a resource of pub1 ic importance. Peni tted
development shall be sited and designed to protect views to and along the ocean and scenic coastal areas , to minimize the a1 teration of natural land forms, to be visually compatible with the character of surrounding areas.. . .
The project site contains steep slopes and disturbed environmentally sensitive
habitat and i s located on the lagoon side of Adams Street. Agua Hedionda
Lagoon is recognized by the State Department of Fish and Game as one of the 19
most valuable coastal wetland areas in the State, as referenced in Section 30233 of the Coastal Act. Grading or other development of steep slopes within the lagoon's watershed presents three concerns. The first is the visual impact of such activity; the second is the increased likelihood of erosion, runoff and sedimentation to the lagoon if such steep slopes are graded, and the third is the effect the proposed project would have on environmentally sensitive habitat , in this case coastal sage scrub.
The certified Agua Hedionda Land Use Plan includes policies intended to prevent the potential adverse environmental impacts associated with grading on steep slopes, especially those in proximity to the lagoon. Policy 4.4 of the Land Use Plan states in part:
policv 4.4
. ..b. Development, grading and landform alteration in steep slope areas
(25%) shall be restricted. Exceptions may include encroachments by
roadway and uti 1 i ties necessary to reach developable areas. The maximum
a1 lowable density shall be calculated on the total lot area, although this
may be modified through setbacks , plan review, or other requirements of
this plan and applicable city regulations.
c. Use of the Planned Development (PD) Ordinance and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features.
6-97-49
Page 6
Hi th respect to habitat impacts, as stated in Pol icy 4.4 of the Agua Hedionda LUP, development, grading and landform alteration is restricted in steep slope areas (25%) subject to a few exceptions. Exceptions may include encroachments
by roadway and utili ties necessary to reach developable areas; additionally,
encroachment associated with Circulation Element roads (as identified in the
City's LCP) is permitted under the above pol icy. While the Agua Hedionda LUP
restricts development on steep slopes, other LUPs within the Carlsbad LCP
(Me110 I, Mello 11, East Batiquitos LagoonIHunt Properties and West Batiquitos Lagoon/Sammi s Properties) have policies that protect those areas that contain both steep slopes and environmentally sensitive vegetation like coastal sage scrub and chaparral. The LUPs recognize naturally vegetated steep slopes are deserving of greater protection and acknowledge up to 10% encroachment may be permi tted on such slopes under certain circumstances .
Approximately .73 acres of the 1.62 acre site has steep slopes with a 25% or
more gradient. As noted, the project would encroach onto 8% of the unvegetated steep slope areas of the site. No dual criteria slopes (i.e., slopes with coastal sage scrub that are greater than 25% grade) would be
affected by thi s encroachment. I
About half of the encroachment includes filling part of the hillside area immediately adjacent to the building pad to bring it to the same elevation as the bui lding pad and the street elevation. A small retaining wall is proposed to retain the fi 11 on the hillside. The City is requiring this area be brought to the street elevation for safety purposes. That is, the site's access from Adams i s at the steepest part of a hai rpi n curve and the City has indicated that creation of a flat area on-site would serve as a safety area for cars going to fast through the curve. The proposed widening of Adams Street, a circulation element road, on the upper portion of the property would also be allowed in the LUP. The remaining encroachment, exclusive of that necessary for the preceding road and driveway construction, is proposed near the edge of the building pad where the topography drops off into the hi 11 side portion of the lot. Again, no dual criteria slopes would be affected by this encroachment, only unvegetated slopes in excess of 25% grade.
Native disturbed coastal sage scrub vegetation currently exists in three locations on the property. No direct encroachment onto these areas from construction activities is proposed. The City of Carlsbad has conditioned the project to put these pockets into open space through an open space easement. A1 though no direct encroachment on 'naturally vegetated steep slopes is proposed, due to the proposed setback of the residence from the open space
area (i.e., less than 10 feet in some locations) the potential exists for
brush management in the form of clearcut vegetation removal within the open space area if required by the Carl sbad Fire Department. Such vegetation removal would be inconsistent with Section 30240 of the Coastal Act and past Commission precedent.
Therefore, Special Condition #3 requires a brush management program. The plan
shall include a scaled site plan, approved by the Executive Director, showing a 100 foot distance beyond the building pad, designating the area subject to clearcut vegetation removal for fire protection purposes, and the area subject
6-97-49 Page 7
to selective thinning and pruning. Said program shall indicate that no
clearcut for brush management purposes shall be permitted into the open space
areas. This program shall utilize native fire retardant plant species and sufficient setback for the residential development to minimize the need for future brush clearance in the open space area. Therefore, if the existing setback of the residence is not sufficient to prevent clearcut removal of vegetation for fire protection purposes, the site plan shall be revised in accordance with the setback required by the fire department to prevent such cl earcut.
Special Condition No. 1 requires the applicant to record an open space deed restriction that will ensure preservation of the vegetation and would allow
fuel management in the open space area through use of fire retardant species;
however, no clear cutting for fire protection purposes would be permitted.
Whi 1 e the public viewshed on the northern shore of Agua Hedionda Lagoon has
been incrementally impacted by development, it still has value as a scenic
resource. Adams Avenue has been designated in the LUP as a Scenic Highway,
and views from the highway to the lagoon are preserved. Policy 8.3 requires
that new development cannot extend above the elevation of Adams Avenue. In
thi s case, the existing structure extends above the center1 ine and was constructed prior to the passage of the Coastal Act. The proposed residence, although larger, will extend no higher than the existing residence. The . Commission can accept the proposed residence because it does not present an
obstruction of views from the roadway to the lagoon beyond what currently exists. Additionally, the proposed landscaping enhances the visual value of
the hi 1 lside area above the lagoon so that approval of the project nil 1 not
represent an incremental vi sual degradation of this sti 11 scenic area.
Special Condition #2 requires the applicant to provide a revised landscaping plan indicating the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. The landscaping plan submitted with the application indicates that the site wi 11 be planted with primarily non-native ornamental vegetation. Instead, based on the existence of the native habitat on the site and to promote greater soil stability, drought tolerant plant materials should be utilized to the maximum
extent feasible. The Commission finds that use of native plant species
compatible with the adjacent coastal sagelchaparral vegetation should be used on the slopes surrounding the residence, and that the revised landscaping plan
should be reviewed by the California Department of Fish and Game in consul tation with the Executive Director. With respect to mitigating .the project's visual impacts, the landscaping plan indicates 6 specimen-sized trees (24 inch box) will be planted at various locations to break-up the mass of the residence and help mitigate the project's visual impact when viewed
from the lagoon and 1-5.
With these conditions, the Comission finds the proposed project wi 11 not have a significant impact on vi sual quality and coastal resources and wi 11 be consistent with the certified Agua Hedionda LCP Land Use Plan and the preceding resource protection sections of the Coastal Act.
3, S;radi na/Erosi on Control . The appl i cant is proposing approximately
6-97-49
Page 8
1,730 cubic yards of cut grading and 340 cubic yards of fi 11 , with 1,390 cubic
yards proposed to be exported off-site for site preparation. As stated above,
the project site is located in the watershed of Agua Hedionda Lagoon. Without the proper grading and erosion control measures, the project could have a
negative impact on the lagoon. The applicant has provided a grading and drainage plan which indicate drainage and runoff wi 11 be conveyed off-si te to an existing storm drain serving the adjacent 23-uni t Bri stol Cove development at non-erosive velocities.
Regarding the request to grade within the rainy season, the applicant has submitted a grading and erosion control plan for the subject proposal to prevent erosion and subsequent sediment transport into sensitive resource areas, particularly during the winter rainy season. The proposed temporary and permanent erosion controls take the form of temporary checkdams, sandbag chevrons, curb inlets and a french drain as well as drainage improvements associated with the construction of a portion of Adams Avenue. The grading
plan indicates all areas disturbed, but not completed, during the construction
season shall be stabilized prior to November 15, 1997. The above provisions are memorial ired in Special Condition #4, which a1 so requires that no grading
can occur within the approved open space area. In this case, the Commission
can accept the rainy season encroachment based on the minor amount of grading
associated with this project.
. As noted, approximately 1,390 cubic yards of materi a1 is proposed to be exported off-si te. Special Condition #5 requires the applicant to identify
the location for the disposal of graded spoi 1s. 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.
Thus, the Commission finds the proposed project consistent with the Chapter 3 pol i ci es of the Coastal Act and the certified Agua Hedionda Land Use Plan.
4. Local Coastal Planninq. Section 30604 (a) requi res that a coastal
development permit shall be issued only if the Commission finds that the
permitted development will not prejudice the abillty of the local government
to prepare a Local Coastal Program (LCP) in conformity with the provi sions of
Chapter 3 of the Coastal Act. In this case, such a finding can be made. As
stated above, the subject development proposal , as conditioned, is consistent
with the applicable Chapter 3 policies of the Coastal Act and is consistent
with the intent of the applicable Agua Hedionda Land Use Plan policies, most
notably Policy 4.4. The Comnission therefore finds that the subject proposal
wi 11 not prejudice the ability of the City of Carlsbad to prepare and implement a fully certifiable Local Coastal Program for the area.
5. Consistencv with the California Fnvironmental Oualitv Act (CEOA).
Section 13096 of the Commission's Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i)
6-97-49
Page 9
of CEQA prohi bits a proposed development from being approved if there are
feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment.
The proposed project has been conditioned in order to be found consistent with the resource protection policies of the Coastal Act. The attached mi tigation measures will minimize all adverse environmental impacts. As conditioned, there are no feasible a1 ternatives or feasible mi tigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the 1 east environmental ly damaging feasible a1 ternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1 . Notice of ReCeibt and Acknowledm. The permit is not Val id 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. FXDi ration. If development has not commenced, the permit wi 11 expi re 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 expi ration date.
3. ComDliance. 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. Jntemretation. Any questions of intent or interpretation of any condition wi 11 be resolved by the Executive Director or the Commission.
5. JnsDections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice.
6. Assianment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting a1 1 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.
(7049R)
Exhibits 1 through 3 of the Staff Recomenation and Findings (Exhibit A) for Coastal Development Permit No. 5-97-49 are on fi 1 e and may be viewed in the offices of the California Coastal Commission, San Diego District Office, at 3111 Camino del Rio North, Suite 200, San Diego, California 92108-1725.
Content of the Exhibits
Exhibit 1 . . . Location Maps Exhibit 2 . . . Site Plan Exhibit 3 . . . Open Space Areas
SC!WARDS AND BROWN ENGINEERING
EXHIBIT B Page 1 of 7
3eing that Portion of Lot 9 In Block D of Bellavista, in the City of Carlsbad, County of San Diego, State of California, Lccotding to Subdivision Map thereof No. 2152, filed in the onice of the County Recorder of San Diego County darch 71 1929 as File No. 13493 of Official Records, and as shown as Parcel 2 on Certificate of Compliance 'worded May 21 , 1997 as FilelPage No. 19974235041 of Official Records, Deed Restriction Area 'A' is me wticularly described as follows:
3eginning at the most Northerly corner of said Lot 9 thence along the Northwesterly line of said lot
I. South 34O53'00" West 76.55 Feet
2. Southeasterly 15.05 Feet
3. North 34O53'00" East 5.05 Feet
4. North 34O53'00" East 32.45 Feet
5. Southeasterly 125 Feet
6. South 78°00'00" West 53.1 6 Feet
7. Northwesterly 97.84 Feet
to the Northwest mer of sald Lot 9 on a 105.00 foot
radius curve concave to the West, a radial to said point
bears North 34O53'00" East, said point also being on the
Easterly line of Adams Street rightd-way having a half
width of 25.00 feet per Map No. 2152; thence along said
right-of-way line
through a central angle of 8O1248" to a point on a line
parallel with and 15 feet East of the Northwesterly line of
said Lot 9; thence along said parallel line
to the TRUE POINT OF BEGINNING; thence continuing
along said parallel line
to a point at elevation 20.00, elevations are described in
terms of City of Carisbad Vertical Datum, U.S.C. 8 G.S.; thence along the contour at elevation 20.00
more or less to a point perpendicular to the Northeast property line of said Lot 9 a distance of 68.00 feet from a
point on said property line 140.50 feet Easterly of the most
Northerly corner of said Lot 9; thence
to a point on a 110.00 foot radius curve concave to the West, a radial to said point bears South 86°1Q09a East, said point also being on the Easterly line of Adams Street 30.00 foot wide half rightof-way to include 5.00 dedication
by separate document subsequent to Map No. 2152;
thence along said rightof-way line
through a central angle of 50O57'36' to the TRUE POINT
OF BEGINNING.
Exhibit B Le(@ Description for Open Space Deed Restriction Easement Page 2 of 7
Deed Restriction Area '6" is more particularly described a8 follows:
Beginning at the most Northerly corner of said Lot 9; thence along the Northeasterly line of rrid kt
1. South 47°37'00a East 188.00 Feet; thence perpendicular to said Northeast ProQerty line
2. South 42°23'00" West 106.00 Feet to the TRUE POINT OF BEOINNINQ and a point at
elevation 40.00, elevations are described in terms of City of
Carlsbad Vertical Datum, U.S.C. 8 0,s.; thence
3. North 4O58'41' East 42.8oFeet to a point at elevation 20.00, said point is perpendicular to
the Northeast proppty line of said Lot 9 a distance of 71 .OO feet from a point on said property line 162.00 feet Easterly of the most Northerly corner of said Lot 9; thence along the contour at elevation 20.00
4. Easterly
5. South 20O48'43" West
173 Feet me or less to a point perpendicular to the ~orth&
property line of said Lot 9 a distance of 20.50 feet from a
point on said property line 163.00 feet Westerly of the mt
Easterly corner of said Lot 9; thence
46.24 Feet to a point at elevation 40.00, said point is perpendicular to the Northeast property line of said Lot 9 a distance of 63.50
feet from a point on said property line 146.00 feet Westerly
of the most Easterly comer of said said Lot 9; thence along the contour at elevation 40.00
6. Westerly 162 Feet more or less to the TRUE POINT OF BEOINNINQ,
Deed Restriction Area "C" is more particularly described as follows:
Beginning at the most Easterly corner of said Lot 9; thence along the Northeasterly line of said lot
1. North 47°37'00" West 130.50 Feet to the TRUE POINT OF BEGINNING; thence perpendicular
to said Northeast property line
2. South 42O23'00" West 65.50 Feet; thence
3. South 57°00'00" East 45.00 Feet; thence
4. South 64°00'OOa East 39.00 Feet to a point at elevation 28.00, elevations are dercribed in terms of City of Carlsbad Vertical Datum, U.S.C. & G.S.; thence along the contour at elevation e8.00
Exhibit B
Legal Description for
Open Space Deed Restriction Easement
5. Southwesterly
6. South 74O49'30" East
7. Easterly
8. North loO0'OOn East
9. North 54*00'00" West
10. Northwesterly
11. South 42O23'00" West
52 Feet
47.98 Feet
35 Feet
21 .OO Feet;
13.50 Feet
105 Feet
49.00 Feet
-7
Page 3 of 7
me or less to an angle point on the southwest property line of Parcel 2 on Certificate of Compliance recorded May 21, 1997 as FiWPage No. 19974235041 ot Onkial Records; mC0 said southwest property line
to a point at elevation 12.00; thence along the mtour at
elevation 12.00
more or less to a point perpendicular to the Northeast property line of said Lot 9 a distance of 42.50 feet from a point on said property line 1.00 feet Easterly of the most Easterly corner of said Lot 9 thence
thence
to a point at elevation 20.00; thence along the contour at elevation 20.00
more or less to a point perpendicular to the Northeast property line of said Lot 9 a distance of 16.50 feet from a point on said property line 130.50 feet Westerly of the most Easterly corner of said Lot 9; thence
to the TRUE POINT OF BEGINNING.
\
OPEN SPACE DEED RESTRICTIO;'~ 4
EASEMENT
Exhibit B
PLAT
of 7 0
L
LOT
'D'
21 52
9
1 "=20'
c
RESTRICTION EASEMENT AREA ‘C’ PLAT
POR.
BLK
r S4223’00’W 65.50’
T.P.O.B.’
Page 7 of 7
LOT
‘D’
21 52
9,
v /3\ XONTUOR ELEV. 20
C \oromy\95102oap.dvp
.
September 15, 1997 EXHIBIT C Brush Management Program
Page 1 of 2
Gold Coast Properties 2734 Madison Street Carlsbad, CA 92008 Attention: Mr. Tom Jones
Dear Mr. Jones:
During our conversation 9-1 1-97, you explained that the Coastal Commission had placed a condition of approval upon your Adanls Street project which would restrict the owner’s ability to alter the present landscape of the property. Although I find that no significant hazard in the form of grass or brush currently exists on the property, if ]eft undisturbed, the natural resurgence of native vegetation will eventually present a hazard to any improvements on the site. il
1 spoke with Mr. Bill Ponder of the Coastal Commission staff about our concerns. Mr. Ponder agreed that it would be appropriate to provide a means for the property owner to take steps to protect structures on the site from grass or brush fires. He agreed that regular pruning of natural vegetation to reduce fuel volume would not conflict with the effort to preserve native species on the site. To that end, I suggest to all parties involved, that the condition restricting the deed be modified to establish a fire suppression zone to which the owner has access for fuel reduction purposes. The zone should extend sixty feet into the deed restricted area from any structure.
I hope this information will be of some assistance to you during the processing of your project. PIease call should you have additional questions or concerns.
Sincerely,
MICHAEL E. SMITH Division ChiefEire Marshal
c. Anne Hysong
2560 Onon Way Carlsbad, CA 92008-7280 Admin (619) 931-2141 Prevention (619) 931-2121 FAX (619) 929-0256
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6-97-49 (Jones Building)
4529 Adam Street 1-1 Open Space Deed Restricted Areas 0,
Carlsbad, San Diego County (0 APN 206-200-09 Iu
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0 m
Pruning Zone for Reduction of Iu
Combustible Material