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HomeMy WebLinkAboutHDP 97-21; Chapa Gaynor Minor Subdivision; Hillside Development Permit (HDP)" " . - - CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Use On y) (For Use On y) 0 Master Plan ............... CI Specific Plan ............. Precise Development P1 an.. . Tentative Tract Map. ....... P1 anned Development Permit [7 Non - Res i den t i a1 P1 anned Development Permit....... . Condomi ni um Permit ......... 0 Special Use Permit.. ....... Redevelopment Permit ....... Tentative Parcel Map.. ..... Administrative Variance.. .. General P1 an Amendment.. .... Site Development P1 an.. ..... Zone Change ................. Conditional Use Permit ...... Hillside Development Permit. Environmental Impact Assessment ................ Variance .................... P1 anned Industri a1 Permit ... Coastal Development Permit.. Planning Commission Deter.. . I I I 1 (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) 5) LOCAL FACILITIES[II 6) EXISTING GENEflALvl 71 PROPOSED GENERALIZI 8) EXISTING ZONING 1-1 9) PROPOSED ZONING[-I 10) GROSS SITE (51 11) PROPOSED NUMBER OF 121 12) PROPOSED NUMBER 121 13) TYPE OF -1 14) NUMBER OF EXISTING RESIDENTIAL UNITS-1 (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL w] 161 PROPOSED COMMERCIAL wl MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION ACREAGE RESIDENTIAL UNITS OF LOTS SUBDIVISION OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE ARFHOO08.W 4/89 r 22) OWNER APPLICANT 1 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE /ri?-V/M ?a04 F,-%Q, a=ms/L)e & 9205d 7q433 FOR CITY USE 6NLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED RECEIVED DEC 3 1 1997 TOTAL FEE REQUIRED~ lt I 3 c> I DATE FEE PAID-[ RECEIPT NO. [YqLtI ARFMOOO8. DH 4/89 " CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 - 434-2867 NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL I I 1 470 io 0 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 persons having a financial interest in the application. EREVD &&PH 23/9 L/m& LN, ' @G€AIvT/D~. 0 923956 2. 3. 4. OWNER List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (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 oi owning any partnership interest in the partnership. N/!k 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 92009-1576 - (619) 438-1161 - FAX (61 9) 438-0894 5. Have you had more than $250 worth of business transa,,ed with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? Yes HNo If yes, please indicate persods): Person is defined as “Any ,individual, ‘,firm, zo-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. €EAfFrm CMAPA Print or type name of applicant Disclosure Statement 10/96 Page 2 of 2 PROJECT DESCRIPTION/D(PLANATION APPLICANT NAME: Please describe fully the proposed project: Include any details necessary to adequately expiain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. DescriptionlExplanation. This property was purchased by two married couples as joint “owners.” We have searched for the ideal place to live and to raise our loved ones. Together we found and purchased one acre of land. At this point, we need to divide the property so that we may each build our own primary residence upon the land. We plan to occupy our new homes immediately following construction as we are anxious to kome settled in the Carlsbad community. Ernie has worked in Carlsbad for over Seven years and we are ready to call it home. In our plans, we are requesting a Future Improvement Agreement for a five foot sidewalk along Harrison Street frontage as it is relatively unimproved at this time and a short span of sidewalk would invite dangerous skateboarding activities and the like on the blind side of the street. We are currently in transition now, and would therefore appreciate your consideration and response to this application a~ soon as possible. Thank you. Aug-31-98 03:06P U per Deck Print Sales 760 603 1968 QUG-31-98 82 : 44 PPP cwcIpsI {bel 455 8139 P. a1 P-02 l! 84 25 29 27 RECOROLNC EEQUfSTED BY 1NO RETURN TU: Caltfarnia Coastal Conmlssion 45 Frcmont Street, 20th Floor San Francisco, CA 94105-2219 OPEN SPACE OLEO RLSTRtCTlON I 0 UHEREAS, - William R. Gaynor, Dottie Gaynor. Ernesto Chaps awl Lorje Chaps ~ , hereinafter tefertad to as tnr "ouner(s) ,' is/ are -. the record wuner(r) of the followlng real property: See Elhlbit D attached hereto end incorporated hctcin by reference . . " herelnsfrr referred to as the "Proporfy;" and 11, WHEREAS, the CaliFornia Coastal Comlsslen, hrrrtnafter referred to as the *Comnissian," 1s acting on bchalf of the People of the State of California\ and Ifl, WEREAS, tho subjrct property 1s located wlthfn the coastal tone as doffned In sectfen 30103 of Olvlslon 20 of the Californtr Public Resources Codo. horclnaftar tefctrod to as the mCallfornla Coastal Act of 1976," (the Act); and IV. WHEREAS, pursuant ta thl Act, the Owner roplird tg thg Conmission for a coasttl dourlopmmt pemtf on the Property doscribed above; and V. WHEREAS, coastal devclopmcnt perm% number 62-90 ,hWt?lnaftW referred to as the "Pamlt,m was granted on June 9 I 199L, by the COnm15Sion In. accordance wlth thr prov15ion of the Staff Recornendation FlfidtM5. attached hereto us Eihlbtt A and heroin Incorporated by 1 2 3 4 5 9 7 8 9 10 11 12 13 16 17 18 19 20 21 22 25 24 2s 28 27 ... rnls IS to certify that the Open Space Oaed Rertrictlon ret forth above 4s iereby acknowledged by the undersigned officer on behalf of thr Cafifornla :orstal Comlssian pursuant to autharlty confartad by the Callfornta Coastal :omission when it granted Conrtal Oevrlopmant Permit No. 6-98-10 ,n June 9, 1998 and the Caltfornla Coastal CoknTrslon consents to rwardatlan thereof by Its duly authbrlzed officer. U CALfFPRNIA COAmCOMMlSSIOH Y Jo n BBWOYS, Staff Counsel STATE OF, CAL¶FORMIA COUNTY 0 SAN FRANCISCO On "- , before me, " , Deborah L. Bave , a Notary Public , personally appedfed .f personally knew to me (or proved to me an the basis of satlrfactory wldencc) to be tnr prtson(r) whofa namc(s) is/an subscrlbed to the dthln instrumrnt and acknow\mdped to me that hc/she/thay executed the same in hls/her/thelr authorized capsc4ty(ies), and that by hfr/her/thmtr riqn~turo(r) on the Instrummnt the person(s), or the enttty upon behalf of which the persan(s) rcted, oxrcuted the instrument. I WITNESS my hand and offlsial seal. signature -7 - DOC # 1998-0552761 .. TlllS PAGE ADDED TO PROVlDE ADEQUATE SPACE FOR RECORDlSC3 1NFORMATlOFJ (Addilional rccordrng kc applics) Aug-31-98 03:07P U per Deck Print Sales 760 603 1968 nuG-sL--51Y uz:43 rR Cwwrn row 9-5 ala- 1 RECORDXECC REQUESlED BY AND RETURN TO: CaliEornie Corrr;al Commi3sion 45 Frcmont st., Suite 21100 3an Francisco, CA 94\05-2219 I- -" P.05 I ! I ! I i i DECLARATION OF UBSTRXCTZONS (hereinafter referred to 88 th@ "OffOr") is mrdr i I chi8 der of Erncsto Chepa I Lotie Ann Chapa , (hrreinafrrt teforred to as chs I I I "Grantor"). I 1. VHERUS, Grantor is the leaal owner of a fa. interest OI cetcsin 1 real property located in the County of _Sen Die80 , Strtr Of i California, and dascribed in the attached EXHfBIT A (hereinafter referred to aa rhc and i 11. WHEREAS, all of the Property i9 located uiLhin Lhe coastal zone as defined in 830103 of rhc Catifotni. Public Reeourccs Code ChereinrCtrr referred to b3 the "CaliIomia CUadtaI Act Of 1976"); m1d XXI. WHEREAS, rhe California Coertal Act af 1916 (hareinrfter referred ta ar the "Act") create8 the California Coastal Commisrfon (hereinafter tebrred to a3 the "Conmission") and requites that rey Coia1tal development permit approved by the Conmise~on murt bo consirtent with the policie, of th6 Act wet forth in Chrpter 3 of Division 20 of the Public RelOUrCeS Code: ,_ and IV. WHERWS, purausne to the Act, Grantor applied to the California Corsc.1 Conmission for I petmit to undertake development as defined in 530106 of the Public Resources Code on the Property within tho codrrrl zona -1- *j I 1 1; This 1 s to certtfy that the dffer to Iledicate set forth above is htreby I I I * 20 21 22 acknowledged by the underrlqned officer on behalf of the Callfornta COlftd1 Comnission pursuant to authority conferred by the Cslffornla Coastal commission when It granted Coastal O~vrloprncnt Pornit No. -6-98-bO On June 9, 1998 and the Californla Coastal ;Cbmmissian consents to recardation therof by 9ts duly authorlzcd offlcer. U n California Coastal Cormlstlon Publfc perronal’ly dppeared . John Bowers personally known to me (or proved to mu on the bash of satlsfactary rvfdence) to be the perron($) whose namc(9) idare subscribed to the ulthln instrument and acknowledged to ke that he/she/they executed the same in hls/her/thair authorized capacity( ier) and that by hls/htr/theqr $iynature( L) on the Instrument thr prrson(s). or thr entlty upon behalf of whlch the person(s) lttcd, erecuted the Instrument. JITMLSS my hand and OfClcial seal, itgnature -7 - Aug-31-98 03:07P Upper Deck Print Sales 760 603 1968 IbW 455 813Y c.'. Y6 QUG".51--Y& @2:45 PW CWCIPF, P-07 See. Exhibit B a-trachad heraca and lnvorporatcd herein by reference 1 This 1s to certify that tho deed rrstrictlan set forth above is hereby 8 atknorledgmd by the undersigned officer on behali of the California Coastal '5: comnlsslon pursuant to authorlty conferred by the California Coastal 4 i/ Comnlsrion when it granted Coastal Oevelapment Pennit NO. A-08-40 June 9, 1998 and the Califomla Coastal $anmlsslan consents recordation thsrof by Its duly authorized officer. LCJ I 19 20 -me to be the pcrson(s) whose name(s) T$@subscrlbed to the wlthln Instrument and acknawledged to me that hrtnre he executed the same In thel authorlzed capaci ty(irs), and that by the1 siqnature(s) an the instrunrunt the uors~n(s), or the entity upon behalf of whtch tha perron(s) acted. rxrcutrd th8 instrument, 21, 0 63- c3 28 a4 w 29 Signatur 27 20 WITNESS my hand and official real. I 1 Aug-31-98 03:08P U per Deck Print Sales 760 603 1968 euG-31-9s ez:46 PJP cnepe 7se 93s erss P. 68 P-09 0; ! STATE OF CALIFORNIh ' COUNTY OF Sen Francisco . 4 e € 1c 11 12 13 21 22 26 24 22 24 27 before Deborah L. Bore .A Notary Publlc pt&sanally appeared John Bowers __, pcrranrlly known to me (or proved to me on the basis of satisfactory avldenct) to be thg prrron(r) whose nanre(r) ls/are subscrlbed to tne wlthin iirtrumrnr and acknowledged to me that he/she/they executed the same in his/het/thcTr authorlred capaclty(irr), and that bv his/her/thelr s+qnsture(s) on the Instrument the pWSOn(S), br thr rntlty upon behalf of which the person(s) acted. executed the instrument. . WITWESS my hand and afficlal real, STAff OF CALIFORMIA cauntr OF before me, , A Notary Pub1 le prrranal ly appeared * parron8lly known to ms (or proved to me on the basis of satlsfactory evidrnca) to be the parson(s) whose nam(s) is/arr suhrcribed to the wlthin inrttumrnt and rctnwledged to me that hc/rbe/thty executed the same in hit/her/thrlr acrthorlzed capacity(ier), and that by hls/htr/thelr siqnsture(s) ab the lnstrumcnt the prrson(s), or the entlty upon behalf of whlch tho perron(r) acted, oretutrd the Instrument. c WITNESS my hcnd rnd offlcial SOal. 5' 9 nature -6- , PEE WILSON. Go- CALIFORNIA COASTAL COMMISSION . SAN DIEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 921084725 (619) 521-8036 COASTAL DEVELOPMENT PERMIT NO. 6-98-40 Page 1 of 6 On June 9. 1998 , the California Coastal Commission granted to &nest0 and Lone Chapa and William and Dottie Gaynor this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Minor subdivision of a .98 acre lagoon-front parcel into two lots as follows: Parcel A = 23,425 sq.ft. (gross)/21,508 sq.ft. (net); Parcel 2 = 19,133 sq.ft. (gross)/l3,087 sq.ft. (net) and construction of two, two-story single family residences, one per lot, totaling 3,582 sq.A. and 2,736 sq.ft., respectively. The applicant also proposes to record an offer to dedicate a 25-foot wide easement for lateral public access along the lagoon shoreline. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 42,558 sq. Et. 4,830 sq. ft. (1 1%) 5,446 sq. A. (1.3%) 24,182 sq. ft. (57%) 8,100 sq. A. (19%) 4 RD-M RM (6 dua) 2.0 dua 25 and 30 feet Site: South side of Harrison Street just west of Adams Street on the north shore of Agua Hedionda Lagoon, Carlsbad, San Diego County. APN 206- 120-1 7 Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and COASTAL DEVELOPMENT PERMIT NO. 6-98-40 Page 2 of 6 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. 1. 2. 3. 4. 5. 6. 7. Notice of Receipt and Acknowlew. 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. -. 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. -. 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. -. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. -. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. -. 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. CO- . 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 PERMIT NO. 5-98-40 Page 3 of 6 SPECIAL: The permit is subject to the following conditions: 1. Plm. Prior to issuance of the coastal development permit, the applicant shall submit final site and building plans that have been revised to include the following: a) a delineation of the current location of the mean high tide line, and the current location of the northernmost boundary of the wetlands determined in consultation with the California Department of Fish and Game. The location of the wetlands boundary and mean high tide line shall be staked in the field so as to allow a site inspection by the Executive Director. Said plans shall be reviewed and approved in writing by the Executive Director; b) a delineation of the proposed public access easement to provide lateral access along the entire lagoon frontage width of the proporty to extend 25-feet upland of the mean high tide line, which is understood to be ambulatory fiom clay to day. c) Provision of a 1 00-foot buffer along the entire lagoon frontage width of the property measured (northward) from the southern property line to 100 feet upland of the wetlands boundary. No improvements shall 6e permitted within the buffer area with the exception of drainage improvements, and a future public trail with its associated improvements, including upland fencing and/or landscaping. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall not occur without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 2. 1,ateral Public Access. Prior to the issuance of the coastal development permit, the applicant shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the lagoon shoreline. The easement shall be located along the entire width of the property along the Agua Hedionda Lagoon shoreline and shall extend 25-feet upland of the mean high tide line which is understood to be ambulatory from day to day. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. It shall be recorded free of prior liens which the Executive Director determines may affect the interest being conveyed, and fiee of any other encumbrances which may affect said interest. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the easement area. COASTAL.DEVELOPMENT PERMIT NO. 5-98-40 Page 4 of 4 3. -ace Deed Resmctlon . No development, as defined in Section 30106 of the Coastal Act, shall occur in the area extending from the southern property line to 100 feet upland of the wetlands boundary as shown on the site plan approved pursuant to Special Condition #1 of #6-98-40 except for: .. Native drought-resistant, fire retardant vegetation, drainage improvements, and a future public trail with its associated improvements, including upland fencing and/or landscaping to demarcate public/private use. PRIOR TO ISSUANCE OF THE PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director which reflects the restrictions stated above on the proposed development in the designated open space. The document shall run with the land for the life of the structures approved in this permit, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 4. Revised J,-. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a revised landscape plan, which has been approved by the City of Carlsbad, which shall incorporate the following: a. The plan shall indicate the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. The required 100-foot buffer shall be planted with native, drought-resistant, fire-retardant landscaping acceptable to the Executive Director in consultation with the Department of Fish and Game. c. The revised landscape plan shall indicate the placement of a minimum of one specimen size tree (24-inch box minimum) for every 10 feet of property along the south-facing portion of the lots and arranged to maximize screening of the structures from views from Agua Hedionda Lagoon and Interstate 5. A minimum of 3 trees per lot shall be provided lagoonward of the building pad for proposed residence. The required trees shall be planted within 60 days of completion of residential construction and be maintained in good growing condition for the life of the residences. The plan shall also include the use of species which do not reach sufficient height to block public views from Adams Street. Said landscaping shall be designed to mitigate the visual impact of the structure as viewed from the lagoon and public access trail, while preserving views from the home. d. The landscaped buffer planted along Harrison Street shall not reach sufficient height to block public views from the street. Maintenance requirements to assure no blockage of public views shall be incorporated into the approved plan. COASTAL DEVELOPMENT PERMIT NO. 6-98-40 Page 5 of 6 e. PNOR 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, that reflects the above requirements. The restriction shall provide that landscaping shall be implemented in accordance with plans approved pursuant to Special Condition #4 of CDP #6-98-40. The document shall run with the land for the life of the structures approved in this permit, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 5. -ion C-. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, final drainage and runoff control plans for the project designed by a licensed engineer qualified in hydrology and hydraulics, which shall assure no increase in peak runoff rate from the developed site over runoff fiom the natural site, as a result of a ten-year frequency storm over a six-hour duration (1 0 year, 6 hour rainstorm). The plan shall document that runoff from the impervious surfaces of the site will be collected and discharged at a non-erosive velocity and elevation. Energy dissipating measures at the terminus of any proposed outflow drains shall be co&tructed. Any vegetation removed to install approved run-off control measures shall be replanted with native vegetation. The applicant shall also submit a written commitment indicating that all devices shall be installed and maintained by the applicant in accordance with the approved plan. 6. Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit, for the review and written approval of the Executive Director, final grading plans which shall conform to the following requirements: a) No grading activities shall be allowed during the rainy season (the period from October 1 st to March 3 1 st of each year). All disturbed areas will be replanted immediately following grading and prior to the beginning of the rainy season. Prior to commencement of any grading activity, the permittee shall submit a grading schedule to the Executive 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-site grading activities. c) All areas disturbed, but not completed, during the construction season, including graded pads, shall be stabilized in advance of the rainy season. 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 fiom the construction site. 7. wt of StructuredFuture Develop- The height of the residences shall not exceed the centerline of Harrison Street, which is at elevation 55-ft. Mean Sea Level. COASTAL, DEVELOPMENT PERMIT NO. 6-98-40 Page 6 of 6 The subject permit is only for the development described in coastal development permit No. 6-98-40. Pursuant to Title 14 California Code of Regulations Section 13250(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(a) shall not apply to the area governed by coastal development permit No. 6-98-14. Accordingly, any future improvements to the existing single family residence, which are proposed within the area governed by coastal development permit No. 6-98-40 shall require an amendment to permit No. 6-98-40 from the California Coastal Commission or shall require an additional coastal development permit from the California Coastal Commission or from the certified local government. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restriction. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal-Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. All other development proposals for the site shall require review and approval by the Coastal Commission, or a certified local government, under a separate coastal development pe,rmit or an amendment to this permit.