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HomeMy WebLinkAbout; ; 1993-0000000; Deed RestrictionE E I 1( 11 12 1: 14 1e 16 17 1E 1s 2c 21 22 23 24 26 26 27 COURT PAPER SYlTr. 0, C)rLI.O”NIA STD II3 lRE” 8.721 - RECORDING REQUESTED BY AND RETURN TO: California Coastal Commission 45 Fremont Street, 20th Floor San Francisco, CA 94105-2219 OPEN SPACE DEED RESTRICTION WHEREAS, City of Carlsbad, California, 9 hereinafter referred to as the "Owner(s)," is/ are the record owner(s) of the following real property: Poinsettia Communitv Park as described in attached Exhibit 0 hereinafer referred to as the "Property;H and II. WHEREAS, the California Coastal Commission, hereina.fter referred to as the "Commission," California; and III. WHEREAS, zone as defined in secti is acting on behalf of the People of the State of the subject property is located within the coastal on 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, pursuant to the Act, the Owner applied to the Commission for a coastal development permit on the Property described above; and V. WHEREAS, coastal development permit number6-92-182 ,herefnafter referred to as the "Permit," was granted on February 16 9 1993, by the Conmnission in accordance with the provision of the Staff Recommendation and Findings, attached hereto as Exhibit A and herein incorporated by 1 2 3 4 5 6 '7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reference; and VI. WHEREAS, the Permit was subject to the terms and conditions including, but not limited to the following condition(s): Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee’s successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except as herein approved, in the area shown on the attached Exhibit “3”, and generally described as all riparian and floodplain areas and their buffers required pursuant to Special Condition #l of this permit, 4.7 acres of coastal sage scrub, and 1 .O acre of mixed chaparral, all as shown on the site plan dated 10/23/92. The manufactured slope shall also be included as open space, although the pedestrian trail and retaining features are permitted on the slope. The pedestrian accessway and sewer line are also permitted within the open space area. The recording document shall include legal descriptions of both the applicant’s entire parcel(s) and the restricted area, and shall .be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. VII. WHEREAS, the Commission found that but for the imposition of the above condition(s) the proposed development could not be found consistent with the provisions of the California Coastal Act of 1976 and that a permit . could therefore no”t have been granted; and VIII. WHEREAS, Owner has elected to comply with the condition(s) imposed by the Permit and execute this Deed Restriction so as to enable Owner to undertake the development authorized by the Permit. -2- E 4 e E 7 E c 1C 11 12 1: 14 1: 16 15 16 15 2c 21 22 23 '24 25 26 27 COURT PAPER STATE 0, c*LIco”NlA ST0 II3 ORE” 8.72’ - iderat ion of the grant NOW, THEREFORE, in cons ing 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 Protected Land as shown on Exhibit 6, attached hereto and incorporated herein by reference, shall be limited to natural open space for habitat protection, private recreation and resource and resource conservation uses. No development as defined in Public Resources Code section 30106, attached hereto as Exhibit C and incorporated herein by reference, including, but not limited to removal of trees and other major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc., or as otherwise aDDroved bv California Coastal Commission Permit NO. 6-92-182 shall occur or be allowed on the Protected Land with the exception of the following subject to applicable governmental regulatory requirements: (a) the removal of hazardous substances or conditions or diseased plants or trees; (b) the removal of any vegetation which constitutes or :ontributes to a fire hazard to residential us 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 -3- 1 2 3 4 5 6 7 8 9 19 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER S,A,r. 0, CAL1CO”IIIh STD ,I3 .“L” 0.721 r and septic systems; . (d) Other: Bn and ma intenance of the aDproved . 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 development, 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. 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 c 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, survi,ves a sale of tax-deemed property. 4. RIGHT OF ENTRY. The Conmission or its agent may enter onto the which Property at times reasonably acceptable to the Owner to ascertain whether the use restrictions set forth above are being observed. 5. REUEDIES. Any act, conveyance contract, or authorfzation by the Owner whether written or oral which uses or would cause to be used or would permit 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 -4- . 1 2 3 ; 4 e 6 7 E 5 1C 11 12 13 14 15 16 17 '18 19 2c 21 22 23 24 25 26 27 COURT PAPER SZ&TC 0. CILI,O”I1IA ST0 113 <Rev a.721 breach, any forbearance on the part of either party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 6. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other, provision shall be thereby affected or impaired. Dated: SEPTEMBER 23 , 1993 SIGNED: SIGNED: Mayor ATTEST : ’ ALETHA L. RAUTENKRANZ City Clerk (NOTARY ON NEXT PAGE) OVED AS TO FORM: RONALD R. BALL 7/=7- City Attorney -5- 1 2 3 4 5 6 7 8 9 10 11 12 \ 13 14 15 10 17 18 19 20 21 22 23 24 25 26 WITNESS my hand and official seal. 27 COURT PAPLR sf*,Ts 0, ULICe”*I* STD 113 ,“C” e.721 0.C STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, 9 a Notary Public, personally appeared P personally known 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. rJITNESS my hand and official seal. Signature STATE OF CALIFURNIA COUNTY OF SAN FRANCISCO On , before me, . a Notary Public, personally appeared , personally known 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. II Signature -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STATC 0, C*LltQ”NI* 373 113 REV a.713 osc - 'his is to certify that the Open Space Deed Restriction set forth above,js rereby acknowledged by the undersigned officer on behalf of the California Zoastal Commission pursuant to authority conferred by the California Coastal :omnission when it granted Coastal Development Permit No. In and the California Coastal Commission consents to 'ecordation thereof by its duly authorized officer. bated ; CALIFORNIA COASTAL COHHISSION ITATE OF CALIFORNIA :OUNTY OF SAN FRANCISCO In , before me, 9 a Notary Vblic, personally appeared 9 personally cnown 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 luthorired capaclty(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. JITNESs my hand and official seal. iignature -7- sTLTE OF CAWORNIA-THE RESOURCES AGENCY 5 CALIFORNIA COASTAL COhWISSION POE WUON. Cow-nor SAN DIEGO COAST Am ;lll CAMIN DE1 RIO NORTH. SUlft = SAN DECO. CA p21ob172S (619) 5214036 Filed: 11/30/92 49th Day: l/18/92 180th Day:, 5/29/93 Staff: WNP-SD Staff Report: 12/17/92 Hearing Date: l/12-15/93 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-92-182 Applicant.: City of Carlsbad John Cahill DescrSptlon: Construction of a 42 acre community park with 11 tennis courts, 3 ballfields, 2 soccer fields, 2 tot-lots, picnic areas, gymnasium, and restrooms, 412 parking spaces, and improvement of portion of Hidden Valley Road. Lot Area 1,829,520 sq. ft. Building Coverage 20,000 sq. ft. ( 1%) Pavement Coverage 403,000 sq. ft. (22%) Landscape Coverage 945,000 sq. ft. (52%) Unimproved Area Parking Spaces 461,520, sq. ft. (25%) 412 Zoning Planned Conmnunity (PC) PM Designation Residential Medium (4-8 du/ac) Project Density N.A. Ht abv fin grade 35 feet Site: East of Paseo De1 Norte, north of Camino de las Ondas, south of Palomar Airport Road, Carlsbad, San Oiego County. APN 214-140-13, 214-140-39, 214-300-09 STAFF NOTES:‘ Sumnarv of Staff@s.Prelimlnary Recommendation: Staff is recommending approval of the proposed project subject to special conditions requiring a project redesign to eliminate constructlon within habitat associated with the California Gnatcatcher and proposed fill located in riparian and floodplain buffers; a California Gnatcatcher protectton plan; a landscapinq/reveqetation and enhancement plan; a deed restriction placing all riparian, floodplain and naturally vegetated areas and their buffers In permanent open space; grading and erosion control plans; and drainage plans. Substantive File Documents: Certified City of Carlsbad Hello II Segment LCP; City of Carlsbad Negative Declaration EIA 92-06, Biological Survey (May 1992) 6-92-l 82 page 2 PRELIMINARY STAFF RECOMMENDATION: The staff tecomnends the Commission adopt the following resolution: I. Aooroval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. III. Special Conditions. The permit is subject to the following conditions: 1. Revised Plans. Prior to the issuance of the coastal development permit, the applicant shall submit revised site and grading plans approved by the City of Carlsbad documenting: a. the elimination of encroachments into the 3.1 acres of disturbed coastal sage scrub habitat; b. a M foot buffer between the fill slope associated with the western project boundary and any riparian or floodplain areas; the proposed City-wide trail may encroach within the upper buffer (upper'25 feet). The plans shall be submitted to, reviewed and approved in writing by the Executive Director. 2. California Gnatcatcher. Prior to the issuance of the coastal development permit, the applicant shall submit a gnatcatcher protection plan to the Executive Director for review and approval in consultaticn with the Department of Fish and Game. The plan shall include the following: a. Prior to the onset of the California gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a survey of the site to identify any nests or birds and how many nests or birds were sighted; b. The plan will include, at a minimum, staking of the appropriate buffer zones around any identified nesting sites; C. No grading or construction associated with the potential sewer line or potential pedestrian accessway during the nesting season; d. If nests are found, no grading or construction of the manufactured 6-92-182 page 3 slope associated with the western limit of park uses within the nesting season: e. If no nests are found, grading of the manufactured slope may -be permitted, if approved by the'oepartment of Fish and Game and in accordance with the gnatcatcher protection plan. f. The proposed lighting plan must also be reviewed and approved by the Executive Director in consultation with the Department of Fish and Game. 3. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens.and encumbrances, except for tax liens, and binding on the permittee's successors ininterest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except as herein approved, in the area shown on the attached Exhibit "3*, and generally described as all riparian and floodplain areas and their buffers required pursuant to Special Condition #l of this permit, the 3.1 acres of disturbed coastal sage scrub habitat, 4.7 acres of coastal sage scrub, and 1.0 acre of mixed chaparral, all as shown on the site plan dated 10/23/92. The recording document shall include legal descriptjons of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 4. Landscap;nq/Reveqetation and Enhancement Plan. Prior to the issuance of the coastal develop permit, the applicant shall submit a final landscape . and revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to 'the maximum extent feasible. In addition, said plans shall indicate the following: a. Exotic vegetation shall be removed from the rlparian and floodplain areas and their buffer areas and the 3.1 acre disturbed coastal sage scrub area and these areas shall be subsequently enhanced with appropriate native species approved in consultation with the Department of Fish and Game. b. The remaining park area shal,l be appropriately landscaped with screening, drought-resistant, native or naturalizing vegetation. Vegetation, and substantial tree elements (minimum 24-inch box) shall be placed for purposes of screening the proposed project from Hidden Valley Road. C. A detailed interpretive signage plan documenting plant, animal, and environmental conditions of the on-site resources to facilitate and enhance public use of the park. Said interpretive signage shall be placed along the City-wide trail at 500 foot intervals on-site. Said plan shall 6-92-182 paw 4 be submitted to, reviewed by and approved in writing by the Executive Director in consultation with the Department of Fish and Game. d. The construction corridor associated with the potential pedestrian accessway and potential sewer line construction will be revegetated with coastal sage scrub species. Said plan shall first be approved by the City of Carlsbad, and shall be reviewed and approved in writing by the Executive Director, in consultation with the Department of Fish and Game. e. The maintenance and monitoring provisions are incorporated as proposed with the submitted mitigation plan. 5. Gradinq and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved by the City of Carlsbad which shall incorporate the following: a. All grading activity shall be prohibited. between October 1st and April 1st of any year. Prior to commencement of any grading activity, the permittee shall submit a grading schedule which indicates that grading will be completed within the permitted time frame designated in this condition and that any variation from the schedule shall be promptly reported to the Executive Director. b. All 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 from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 6. Drainaqe/Runoff Control. Prior to the Issuance o.f a coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed'engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished,by such means as on-site detention/desilting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 1. Non-authorization of Pedestrian Accessway and Bridqe. On-Site and Off-Site Sewer Lines. This permit does not authorire the construction of the pedestrian accessway and bridge, or the proposed on-site sewer lines. No 6-92-182 page 5 off-site sewer is proposed'or permitted. above improvements shall be the subject of development permit which shall be accompan alternatives analysis. IV. Findings and Declarations: The alignment and design of an amendment to this coasta led by detailed plans and the 1 The Commission finds and declares as follows: 1. Detailed Project DescriDtion. The City of Carlsbad is proposing to develop a 42 acre community park. The corrmunity park would contain the following recreational facilities and uses: a 22,500 sq.ft. gymnasium/community center building (35 ft. high) with basketball court, -lobby, offices and reception area, lockers, multi-purpose classrooms, restrooms, kitchen, and storage; tennis complex with a 3,000 sq.ft. clubhouse, lighted tournament center court with seating for 200 spectators; 10 tennis courts with lights; 1 baseball field (400 ft.) with 200 seat bleachers; 2 baseball/softball fields with 100 seat bleachers (all three fields are lighted); 1 adult. soccer field (225 X 360 ft.) with lights; 4 - half court basketball courts with lights; 1 sand volleyball court; 2 covered picnic shelters (30 X 50 ft.), 15 picnic tables, and 2 horseshoe pits; 3 tot lots for children; batting cages, golf tee-off cages, BOO.sq.ft. maintenance and storage facility; 450 sq.ft. snack bar with restroom; 2 restrooms to serve sports fields; and 412 parking spaces dispersed throughout the site. Recreation facilities are,proposed to cover about 30 acres of the site. The site is located immediately east of Paseo De1 Norte and just north of Camino De Las Ondas in the southern portion of the City of Carlsbad. Urban development lies to the west and vacant property to the north, east, and south. These undeveloped properties are planned for medium to high density residential use. From the eastern property line the site is comprised of flat agricultural land in varying stages of production which slopes gently downward to the west into a drainage area containing two areas of riparian habttat and weedy floodplain, and then onto native coastal sage-covered slopes which climb steeply up to Paseo De1 Norte on the western portion of the site. Of the site's approximately 42 acres of land, about 30 acres is either being fanned or has been farmed but is no longer In production. Approximately 11.3 acres of native habitat (.S acres of riparian scrub, 2.0 acres of .weedy flood,plain, 4.7 acres of coastal sage scrub, 3.1 acres of disturbed coastal sage scrub, and 1.0 acre of mixed chaparral) comprises the western margin of the site; two California gnatcatchers have been sited in this area. The applicant has submitted a biology report and mitigation report to assess and propose mitigation for project impacts. Ve'hicular access to the park is proposed by the off-site Hidden Valley, Road where it intersects with Camino de las Ondas to the south and extends north along the park's eastern property line. Hidden Valley Road (proposed width at 48 ft., right-of-way at 68 ft.) is a circulation element road in the City of Carlsbad. Its approximately 2,300 lineal foot long construction requires 37,000 cubic yards of cut, 11,500 cubic yards of fill with 25,500 cubic yards 6-92-182 page 6 to be exported to the park site. Under the LCP policies, circulation element roads are exempt from the Steep slope policies of the certified Mello II LCP. Although exempt from steep slope policies, its construction would not adversely impact dual criteria slopes. Pedestrian access is proposed from Paseo De1 Norte and would traverse down the steep western slope of the property via an elevated stairway constructed on piers, to then traverse floodplain portions of the s'ite and terminate on building pad associated with park uses. About 220,000 cubic yards of grading is proposed to be balanced on-site, resulting in cut and fill slopes of up to 15 feet in height. As noted, an additional 25,500 cubic yards of excess earth generated from the construction of Hidden Valley Road will be exported to the park site. A temporary sewer line Is proposed to be trenched down the steep coastal sage covered slopes from Paseo De1 Norte and across the floodplain connecting with a pump station located on the park site pad. Sewage generated by the proposed restrooms located at various points on the property would be directed to the pump station where sewage would be pumped back up the slope to the existing sewer line in Paseo De1 Norte. Upon completion of the gymnasium/comnunity center, sewage is proposed to be directed off-site north towards Palomar Airport Road provided the sewer line has been constructed by adjacent residential developments between the project site and Palomar Airport Road. No plans for any off-site sewer improvements have been submitted with this application. Additionally, the Commission must be assured the temporary line through steep slopes to Paseo De1 Norte is the least environmentally damaging alternative. Jherefore, the proposed on-site and off-site sewer lines and potential alternatives must be the subject of an amendment to this coastal development permit. The eastern portion of the project site is planned for residential uses (Residential Medium (4-8 du/ac) and zoned Planned Community (PC) in the City of Car1sbadl.s certified Local Coastal Program (LCP). The western portion is designated open space (OS). Policy 6-l of the certified Hello II LCP states that Altimira.Park will be a recreational priority of the City. The site is located in the Coastal Resource Protection Overlay Zone and the Coastal Agricultural Overlay Zone of the certified Hello II LCP. The project is designed for three phases. The first phase would include the construction of vehicular access (Hidden Valley Road) to the site, mass grading, and construction of the active sports fields, picnic areas, restrooms, maintenance and storage facilities, parking lots, sewer line (extending no further than northern property line), pedestrian access, and a portion of the tennis center. The second phase would consist of the balance of the tennis center and any remaining sport facilities not completed under phase one. The third phase would include the construction of the gymnasium/cormnunity center and the hook-up of the park to the gravity sewer system leading to Palomar Airport Road (if the sewer line has been constructed by adjacent residential developments). Any off-site sewer line construction would require an amendment to this permit. 6-92-182 page 7 2. Sensitive Habitat Areas. Section 30231 of the Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means . ..controlling runoff.... Section 30240 of the Coastal Act states: (a) Environmentally sensitfve habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (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 to these provisions, Section 30236 of the Act states: Channelizatlons, dams, or other substantial alttratlons of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1) necessary water supply projects, (2).flood control projects where no other method of protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat. A. California Gnatcatcher The biology report identifies 12 acres of environmentally-sensitive lands within the 42 acre project site. These lands comprise five different plant communities: riparian scrub, floodplain, chaparral, disturbed coastal sage scrub, and coastal sage scrub. Each of these habltats are ecologically important as they art rapidly disappearing by way of development, and success in re-establishing habltat areas of comparable diversity and quality is not guaranteed. The California gnatcatcher is a permanent resident of the sage scrub cormnunity, a unique and diverse vegetation type that many experts consider to be one of the most endangered habitats in the contInenta Unlttd States. In recent years, decline of California gnatcatchtr populations which rely on natural coastal sage scrub vegetation once.conmmn to the area have led to this specie's candidate status on the Federal endangered sptclts list, and to an increasing concern over the retention of large, contiguous naturally-vegetated areas. Two California gnatcatchers have been sited in the Diegan coastal sage scrub and southern mixed chaparral dominated steep slopes on the western margins of the property (near Paseo de1 Nortt) in the vlclnity of the proposed pedestrian accessway. Project implementation would result in a total loss of approximately 3.1 acres 6-92-l 82 Paw 8 of disturbed coastal sage scrub vegetation, imntdiately east of the north/south drainage and the "cited" gnatcatcher habitat in the northwest portion of the site. This vegetation would be removed to accommodate the construction of a soccer field and enclosed soccer field. The biology report identifies this area as poor quality habitat, dominated by pampas grass and weeds, and cites that it is not expected that the gnatcatchers use this habitat to a significant degree. The report states that the birds limit their use of the site to the 4.1 acres of coastal sage scrub in the site's extreme western portion. Although disturbed, this coastal sage scrub habltat is contiguous to both the drainage, with its riparian resources, and high quality coastal sage and chaparral stands, located in the northwest portion of the site. As such the' disturbed coastal sage scrub acts as a buffer between those portions of the site that are proposed for intense recreational development and the more sensitive resources on the subject site. The report notes that although it is in a disturbed state, its removal would be considered an adverse impact. If left alone or enhanced, it could regenerate to a higher quality habitat. As noted, the biology report states that gnatcatchers limit their use of the site to the 4.7 acres of coastal sage scrub In the site's extreme western portion. However, it also identifies that the ecological requirements of the gnatcatcher are not entirely known (i.e., whether it prefers high quality coastal sage scrub habitat over disturbed. sage scrub habitat, whether it prefers steep slopes over non-steep slopes). Moreover, the report states there is no reliable data on the gnatcatcher's territory site (i.e., the amount of space it needs to forage and nest to survive). As an example the report cites that a pair of gnatcatchers that spends most of its time within approximately 13 acres may, during the course of the breeding season, use an area as large as 23 acres. Applying this general example in this particular case, it is not unreasonable to infer that the on-site gnatcatchers may use the 3.1 acres of disturbed coastal sage scrub as part of their territorial range and that the destruction of this habitat, although disturbed, may have an adverse impact on the gnatcatcher as well as other endangered species that reside in coastal sage scrub habitat (i.e., San Oiego horned lizard and orange-throated whiptail). The Commission is concerned over the cumulative loss of any potential gnatcatcher habitat and finds that preservation of any potential gnatcatcher habitat must be considered as beneficial. The Commission finds that the disturbed nature of this area is no cause for its further disturbance as a way of justifying new development. Section 3024O‘of the Coastal Act states that new development must be sited and designed to prevent impacts to sensitive habitat areas and shall be compatible with the continuance of such habitat areas. Based on the above, the Commission cannot make,the finding that the project is designed to be compatible with the resources (i.e., gnatcatchers) that art located on site. The Commission notes that there is an alternative that would allow the project to go forward and be found consistent with the Coastal Act and the resource protection policies of the certified Hello II LCP, that being the complete avoidance of the disturbed 3.1 acres. Special Condition #l requires a redesign (revised plans) to remove the proposed improvements from this area. These facilities may be recaptured on another portion of the property. With avoidance and enhancement of this area (removal of exotics and re-introduction 6-92-182 paw 9 of native coastal sage scrub species), the possibility of survi-val of,the gnatcatchers that use this site is also enhanced. The Commission notes that the applicant would still have a very (intense recreational use of the property. Special Condition #2 details the methods for protecting against California gnatcatcher impacts. The condition requires that a gnatcatcher protection plan be prepared with a number of provisions. Prior to the onset of the California gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a survey of the site to identify any nests or birds and how many nests or birds were sighted. If nests are found, no grading or-construction of the manufactured slope associated with the western limit of park uses is permitted within the nesting season. However, regardless of whether nests are found, no grading or construction associated with the sewer line or pedestrian accessway Is permitted during the nesting season. The plan will include, at a minimum, staking of the appropriate buffer zones around any identified nesting sites. If no nests are found, grading of the manufactured slope may be permitted, if approved by the Department of Fish and Game in accordance with the gnatcatcher protection plan. Another concern regarding the gnatcatcher is the lighting proposed for the various sports fields. It has been documented that unfocused lighting can adversely impact the gnatcatcher and other sensitive species that may ltvt on the property. The City states that field lights are designed to reduce spillage and glare and would be directed down and away from adjoining properties, that light fixtures would be computer-aimed and equipped with reflectors to ensure that light spill and glare onto adjacent property is minimized, that low pressure sodium lights would be utjliztd to light parking areas, plazas, and wa.lkways and that lights are conditioned to be turned off each evening by 1O:OO PM. Notwithstanding the above, the Commission remains concerned about the lighting impacts to the gnatcatchtr and finds that these plans must be approved as part of the gnatcatcher protection plan, and may be modified by the Executive Dlrertor,, in consultation with the Department of Fish and Game. . 8. Wetland Resources/Buffer. Sections 30236 and 30240 of the Act also seek to protect against impacts to wetland areas. The subject site contains riparian scrub resources (willows, multfat) within a drainage that ultimately drains to Las Encinas Canyon. The site also contains floodplain, sandy wash areas, which, although presently vegetated with weedy species of no habitat value, could support riparian. or freshwater marsh sptcits.through enhancement. Because of the importance of riparian and floodplain habitats, the Commission typically requires development setbacks of a minimum 50 feet from riparian vegetation, and 100 feet from freshwater marsh vegetation. Buffers ensure that no direct (i.e., (removal) or indirect (i.e.; human intrusion, noise, lighting, runoff) impacts lopment of occur to these rapidly diminishing habitats. A manufactured fill slope, associated with the western limi~f dtvt park uses, is proposed which separates the proposed developable and undevtlopablt portions of the site. According to the biology report "buffer" slope is designed to provide maxImum usage of the park site , this as well 6-92-182 page 10 as provide a buffer to the natural vegetation to the west. Varying in height from 30 to 70 feet, the bluffer slope itself is approximately two acres. The City has recomended the project landscape this slope with native coastal sage scrub as mitigation for adverse impacts to coastal sage scrub associated with construction of the pedestrian accessway. Although no planting plans have been submitted, the report states that riparian trees would be planted along the base of the slope near the drainage to provide a full corridor of native habitat along the western portion of the site. As noted, this fill slope runs the entire length of the western portion of the property. There is no virtually no setback between the tot of this slope and the sandy wash floodplain. While currently vegetated with weeds, floodplains are areas that are periodically flooded by water and thus can support riparian and freshwater marsh species. Therefore floodplains have habitat value and are a coastal resource. The fill slope also encroaches to within 50 feet of identified riparian resources on the site. Surrounded by sandy wash floodplain, these two riparian areas are located in the northern and southern portions of the western margin of the site. The larger stand is located in the southern portion and includes willows and mulefat. Notwithstanding the above proposals made by the applicant to mitigate project impacts, the project proposes no buffer at all between the fill slope and the southern riparian stand at its southern tip. For the rest of this.stand (about 220 lineal feet from south to north) less than a 50 foot buffer is proposed between the easternmost line of riparian vegetation and the tot-of-slope. Similarly, there is less thdn a 50 foot setback from the toe of slope and the northern stand of riparian vegetation for approximately 90 feet of the stand's lineal length from south to north. Based on the abive, the Commission finds that the project is not adequately setback from coastal resources. Without an adequate setback, the Commission cannot find that these resources will be protected, particularly from indirect impacts associated with this project. In addition to requiring revised plans to retain 3.1 acres of disturbed coastal sage scrub habitat, Special Condition #1 requires that revised plans be submitted which indicate that a 50 foot buffer is retained between all floodplain and riparian areas and the toe of the,buffer slope; however, the proposed City-wide trail may encroach within the upper buffer (upper 25 feet). The proposed City-wide trail will be discussed in the following section. Regarding the justification of these buffers, the certified Mtllo II LCP recently was amended (September, 1992) to protect riparian and other sensitive resources located outside the three lagoon ecosystems (Butna Vista Lagoon, Batiquitos Lagoon, and Agua Htdionda lagoon) located within the City of Carlsbad. The Commission approved the amendment subject to a suggested modification that buffers would be maintained between the resources and new development so that these habitats would be suitably protected. The suggested modification is as follows: 2. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-8 shall be added to read: Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and 50 feet in 6-92-182 page 11 width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigations (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. 8uffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone. The Commission's approval required that no. direct impacts to these resources would be allowed except for the expansion of existing circulation element roads identified in the certified LCP. While the City has not accepted the suggested modification at this writing, the Comnission is revftwing new development proposals, including this project, for consistency with buffer standards that were suggested by the Conission as appropriate to meet Chapter 3 requirements in its action on the LCP amendment. Therefore, the Commission finds it appropriate to impose a buffer requirement on this project to protect riparian and floodplain habitat that is located on-site, With respect to mitigating adverse impacts of the project, the mitigation report submitted with the biology report proposes a rtvtgtla.tion program, including ma<ntenance and monitoring provisions. It identifies that revegetation will be done to aid the continued existence of the gnatcatcher in the form of revegttation of the two acre buffer slope with coastal sage scrub species. With respect to riparian impacts, the report states that since no impacts will occur to riparian habitat, the riparian tree species planted along the base of the slope represent additional habitat with no loss on site. In addition to tree species at the base of the slope, the non-native weedy species are proposed to be removed,from the drainage and willow trees scattered throughout the sandy wash area to enhance the biological and aesthetic value of the site. Both revtgttation areas art dtsigntd to cover 80% or bttttr of the site at the end of two years. However, because detailed planting plans have not been submitted and the Commission is requiring the rtvtgtta$ion of 3.1 acres of disturbed coastal sage scrub habitat, Special Condition #4 requires submittal of a final landscaping/rtvtgttation and enhancement plan for all environmentally-sensitive areas and disturbed areas associated with the project. These plans must indicate that exotic vegetation shall be removed from the riparian and floodplain areas and their buffer areas and the 3.1 acre disturbed coastal sage scrub area and these areas shall be subsequently enhanced with appropriate native species approved in consultation with the Department of Fish and Game. Additionally, a detailed interpretive signage plan shall be submitted documenting plant, animal, and environmental conditions of on-site resources to facilitate and,enhance public use of the 6-92-l 82 page 12 park. Said interpretive signage shall be placed along the City-wide trail at 500 foot intervals on-site. Moreover, upon approval of detailed plans, the construction corridor associated with the potential pedestrian accessway and sewer line construction must be revegetated with coastal sage scrub species. The maintenance and monitoring provisions contained in the submitted mitigation plan must also be incorporated into the project. Finally, the remaining park area shall be appropriately landscaped with screening, drought-resistant, native or naturalizing vegetation. Vegetation, and substantial tree elements (minimum 24-inch box) shall be placed for purposes 'of screening the proposed project from Hidden Valley Road. The enhancement and complete restoration of the environmentally-sensitive lands on this property is consistent with the agricultural conversion policies of the Mello 11 LCP. As explained in detail in the following "Agricultural" section of this report, the LCP requires that conversion of agricultural lands to urban uses is permitted only upon adequate mitigation. In this case, the City has not 'paid the agricultural conversion mitigation fee as required in the LCP. The Cormrission can accept this action only if all the environmentally sensitive lands on this site are restored, since one of the purposes of the mitigation monies is to benefit natural resources in the coastal zone in the City of Carlsbad. The Coeunission finds that restoration of the coastal resources on this site is consistent with that intent. Special Condition #3 requires that on-site coastal resources (i.e., 3.1 acres of disturbed coastal sage scrub, high quality coastal sage scrub and chaparral located primarily on steep, naturally vegetated slopes,. and riparian and floodplain areas including their buffers) be placed under an open space deed restriction. 'This will protect against any inappropriate development of these areas in the future. C. S&ep SloDes/Pedestrian Accessway. As previously stated, the subject site is located in the area subject to the Mello .I1 segment of the City of Carlsbad's LCP. Steep slope areas are afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub slopes in the general area. The LCP regulations pertaining to steep slopes as drafted by the City and certified by the Commission seek to protect only those slopes which contain both areas of 25% grade and greater and natural coastal sage scrub/chaparral vegetation. The intent of the LCP policies is to limit the wholesale removal of native vegetation, recontouring of natural landforms and installation of impervious surfaces within naturally vegetated steep slope areas. A detailed slope analysis and biological survey conducted for the site indicates that about 4.1 acres of the site are 25% grade or greater. Of these slopes, a total of about 2.9 acres contain natural vegetation, including Dlegan coastal sage scrub and southern mixed chaparral plant communities. As noted, California gnatc.atchers have been sited in the Diegan coastal sage scrub and southern mixed chaparral dominated steep slopes on the western margins of the property. As proposed, implementation would result in a total loss of approximately 0.04 acres of Diegan coastal'sage scrub. Although the provisions of the Hello II 6-92-182 page 13 LCP seek to maintain the maximum amount of steep, naturally vegetated hillsides, the LCP does allow up to 10% encroachment on dual criteria slopes. The encroachment associated with the proposed walkway is less than 10% on dual criteria slopes. However, as noted below, the Commission is uncertain on the construction details associated with this accessway and is not approving it without further review. Pedestrian access is proposed by the project in two places. First, access to the park is proposed via a walkway at Paseo De1 Norte. Second, access throuqh the park is proposed along the top of the fill slope that separates the developable and undevelopable portions of‘the site as a segment of a City-wide trail system designed to link-up various visitor-destination points throughout. the City of Carlsbad. Although the alignments of the trails are indicated on project plans, details of either trail have not been submitted. The Paseo de1 Norte access would be a stairway above naturally vegetated steep slopes and then traverse the floodplain as an unimproved trail until terminating beyond the fill slope at the park uses (about 350 feet total). Approximately 0.04 acres of coastal sage scrub would be impacted for construction of this pedestrian accessway and a sewer force main that would parallel the accessway; all work would be done within a 10 foot-wide construction corridor. The City has recorrrnended the buffer slope to be planted with coastal sage scrub as mitigation for the 0.04 acres of coastal sage scrub impact for the pedestrian accessway. No direct impacts to significant coastal resources are proposed from the City wide trail system, although a portion of its southern alignment is proposed within 50 feet of riparian resources. With the exception of its southern alignment, which traverses the face of the manufactured slope that separates the property into developable and undevelopablc areas, the City-wide trail is 1ocatedYmnediately adjacent to 'the top of the fill slope. The certified Mel10 II LCP requires that impacts to naturally vegetated steep slopes (25X'grade or more) be avoided with some exceptions. Pedestrian access alternatives from Paseo De1 Norte to the active park uses were analyzed; each alternative was found to be more disruptive than the proposed route. The analysis found that any route besides the proposed walkway would not.follow the existing disturbed area for the laying of the .force main, that several other existing informal paths from Paseo De1 Norte to.the park uses have not been engineered to accomrnodatc safety and erosion issues, and that other alternatives would involve a longer linear length than the proposed pathway because they would have to switch back and forth-to maintain an acceptable slope. Besides disturbing sensitive vegetation, an alternative trail alignment would require additional grading, potentially creating.additional erosion. A longer alignment may also encroach into the riparian habitat on-site. The biology report indicates that construction of a trail through the floodplain should not have any adverse impacts; however, it states that any inadvertent impact to riparian scrub or floodplain habitat would require mitigation to offset any loss under the California Department of Fish and Game's *no net loss" policy. It states that any habitat loss would be significant and notes that maintaining wetland habitat on-site provides a buffer between the coastal sage scrub habitat (and the gnatcatchers) located 6-92-182 page 14 along the western project boundary and the various recreational facilities planned on-site. Based on the absence of a detailed pedestrian accessway plan which shows details of its construction, the Commission cannot approve the pedestrian walkway at this time. The Commission finds that it is unclear'if construction of a bridge associated with the accessway system from Paseo de1 Norte to the park site would involve riparian or wetland impacts. Since a pedestrian walkway is not one of the permitted uses in Section 30236 of the Coastal Act, unless such impacts can be avoided the walkway may not be permitted in the future. Additionally, review by OFG under Section 1601 of its Streambed Alteration regulations may be required, for the bridge and the proposed sewer line. The Commission finds that these plans must be reviewed and approved by the OFG who will review for impacts to wetland vegetation and impacts to the gnatcatcher. The Commission's approval ,of the accessway and sewer line construction shall be the subject of an amendment to this coastal development permit. The Commission notes that landform alteration and vegetation clearance on steep slopes must be avoided, if possible, and otherwise minimized, and that the proposed lo-foot wide construction corridor must be justified. The Commission recognizes that the considered alternatives to the proposed walkway appear to be more environmentally-damaging, but that the proposed alternatlve requires more specific details and justification regarding its impacts. Regarding the City-wide trail, a portion of its southern alignment is proposed within 50 feet of rlparian resources. Special Condition Xl requires no encroachments within 50 feet of riparian and floodplain resources. The applicant states that to realign the trail consistent with this requirement would preclude access to the handicapped and bicyclists as stairs and retaining walls would be required rather than having the trail traverse a portion of the buffer slope as presently planned. In past actions, the Commission has allowed minimal public improvements (e.g. pathways, fencing and interpretive signs) necessary for passive recreational uses to occur within riparian buffer areas, provided that they were confined to the upper part of the buffer. In this case the Corrmission finds that the.City-wide trail system may encroach Into the upper 25 feet of the buffer provided that the floodplain and riparian buffers are landscaped with native plants representative of these habitats as mitigation, and signage is installed as an interpretive function to identify the sensitivity of the on-site resources to the visiting public. D. Gradinq and Erosion Control. Regarding the remainder of the project (30 acres), the Commission notes that no significant impacts to coastal resources are proposed as most of this area is unfarmed agricultural lands. The approximately 220,000 cubic yards of balanced grading would result in fill and cut slopes to 15 feet high. The grading of the property, however, has the potential to Indirectly impact the sensitive on-site resources. Special Conditions #5 and #6 require the submittal of detailed grading, drainage, and erosion control plans designed to avoid erosion and subsequent -- Y 6-92-182 page 15 sedimentation impacts to the sensitive resources associated with drainage from the developed site. In addition, the condition prohibits grading during the winter months, when rain and resulting erosion is most likely to occur. Special Condition #6 requires drainage plans designed to assure no increase in the peak rate of runoff associated with the developed site when conipared to undeveloped conditions. This req.uirement is consistent with the language contained in the Carlsbad LCP and past Commission precedent. In sumnary, proposed intrusions into protected areas are identified and prohibited under the terms of Special Condition Xl. Additional special conditions are proposed to protect against direct and indirect impacts to riparian, floodplain, and steep slope areas that are associated with development and to protect against impacts to the California gnatcatcher. Therefore, the Commission finds that the subject development, as conditioned, is consistent with Sections 30236, 30240 and 30253 of the Act. 3. Agriculture. The project site supports agricultural uses and is located in the Coastal Agricultural Overlay Zone. The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. Sections 30241 and 30242 of the Coastal Act concern the protection of agricultural lands. In 1981, when the Carlsbad Hello II LCP segment was certified by the Comnission, the two major concerns were preservation of agricultural uses and protection of environmentally sensitive habitats. Regarding agricultural preservation, a major issue was minimiting agriculturdl versus urban impacts by developing stable urban/agricultural boundaries. For the most part, the certified LCP accomplished this objective by concentrating development a.long I-5, Palomar Airport Road, and the El Camino Real transportation aorridors and preserving the interior areas, where.public infrastructure is lacking, for continued agricultural use. Prior to major amendments to the LCP certified by the Cormnission in 1985, the majority of the subject site (APN 214-140-13, approximately 30 acres.) was identified in the LCP as being subject to the agricultural subsidy program, where agricultural lands were subsidized in order for them to continue as such. However, major amendments to the LCP certified by the Commission in 1985 significantly changed the policies of the LCP rega-rding agricultural preservation. Those amendments essentially allowed for conversion of almost all the agriculturally designated lands within the City's Hello I and Hello II segments. The LCP provides three mitigation options for such conversions for projects in Site II: (1) "Prime Land Exchange"; (2) "Oetermtnation of Agricultural FeasibllityY; and (3) "Agricultural Conversion Mitigation Fee". The first option is a determination of infeasiblity of contfnued agricultural use based on area-wide, rather than site-specific studies of agricultural feasibility. The second option is participation in a mitigation program designed to preserve off-site prime agricultural lands elsewhere in the coastal zone. The third optlon for conversion is the payment of an agricultural mitigation fee of between $5,000 and $10,000 per acre of converted lands. The funds,accrued from the fees of this are to be used In the restoration and enhancement of natural resources, public access opportunities, and preservation of agricultural lands in Carlsbad. 6-92-182 page 16 The implementing ordinances of the LCP, as modified in 1985, contain the specific requirements for implementing the three options of the LCP. The identified agricultural lands for which conversion requirements would be applicable were included in a Coastal Agriculture (C-A) overlay zone. Under the provisions of the C-A zone, the timing of the mitlgation required varies depending on which of the three options of the LCP's conversion policies was chosen. Under the last option, payment of a mitigation fee, the mitigation requirement is triggered at the time that a coastal development permit for "urban development" is considered. Specifically, subsection 21.070-c calls for such fees to be paid "prior to the issuance of building permits for the project". As noted, the subject property is located in the C-A zone and is, thus, subject to the requirements of the LCP regarding agricultural lands. The proposed park use clearly constitutes an urban conversion. The City has not paid nor is proposing to pay an agricultural conversion fee. The potential fee is paid for every acre converted to urban land uses and the funds are used in the following priorities to: (1) restore natural resources and wildlife habitat in Batiquitos Lagoon; (2) develop an interpretive center at Buena Vista Lagoon; (3) restore beaches managed for public use in the City of Carlsbad Coastal Zone; (4) develop projects benefiting natural resources in the coastal zone in the City of Carlsbad that is provided for in the local coastal program of the City of Carlsbad. The first two priorities have been completed and the City has determined that the development of a 42 acre community park would provide public access to high quality recreational passive and active uses, and protected natural open space within the coastal zone. The City found that the development of the public park and protection of open space is in keeping with the coastal resource enhancement priorities of mitigation option #4. The City found that the park would offset or mitigate the loss of non-prime agricultural land by providing greater public access to recreational and natural open space resources and, therefore, was consistent and in compliance with the Hello II LCP agricultural mitigation requirements. However, the Commission notes that the fee was not paid and the City liberally interpreted its compliance with mitigation'option #4. The Commission can support the City's finding only if the environmentally-sensitive lands on this site are preserved, restored and enhanced. Therefore, only as conditioned to require a redesign to avoid disruption of the remaining natural areas on the site, their restoration and enhancement and preservation as permanent open space, with a natural resource interpretive function for park users, can the Commission find the subject project and conversion of agricultural lands consistent with Sections 30241 and 30242 of the Coastal Act and the agricultural policies of the certified Hello II LCP. 4. Visual ImDacts. Section 30251 of the Coastal Act and the certified Hello II LCP state that new development must be sited and designed to not adversely impact scenic features. The project site is located immediately east of Paseo De1 Norte and just north of Camino De Las Ondas in the southern 6-92-182 page 17 portion of the City of Carlsbad. Although this area is primarily agricultural land, it is surrounded by either existing medium density residential projects or planned medium density residential projects, and the site is not highly visible from any scenic areas. The project does not propose excessive landform alteration and the tallest structure, the 35 foot high gymnasium/community center would be set into the slope, having only a one-story elevation when viewed west from Hidden Valley Road. Although no adverse visual impacts are anticipated, landscaping plans have not been submitted. Therefore, the Commission finds that a landscape plan must be provided to ensure the park site is appropriately landscaped with screening, drought-resistant vegetation and that native plants will be planted on the slo.pes that surround the proposed project. Vegetation shall be planted for purposes of screening the proposed project from Hidden Valley Road. As conditioned as part of Special Condition $4, the Commission finds that the. subject development is consistent with the visual resource policies of Section 30251 of the Coastpl Act and the Mello II LCP. 5. Local Coastal Planninq. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development proposals, the Coevnission must essentially act like local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding can be made. Policy 6-l of the certified Hello II segment of the.City's LCP identifies that Altimira Park is a recreational priority. As coi?ditioned herein, the proposed project can be found consistent with all applicable Chapter 3 policies of the Coastal Act and the policies of the certified Mella II LCP. STANOARO.CONDITIONS:. 1. Notice of Receipt and Acknowledsement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorited agent, acknowledging receipt of the permit and acceptance of the terms and conditions;is returned to the Commission office. 2. ExDi ration. If development has not commenced, the permit will expire two years from the date on which the Conmnission voted on the application. Development shall .be pursued in a diligent manner and completed in a reasonable period of time. Application 'for extension of the permit must be made prior to the expiration date. 3. Comoliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4.' Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Oirtctor or the Commission. 6-92-l 82 page 18 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assiqnment. The permit may be asslgned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the penittee to bind all future owners and possessors of the subject property to the terms and conditions. 2182R lfxHlelT r\ 0 Sale: 1’~ 2004 AP LI j!ON#L *Um: Base W. 2004 Encinitar Ouadmnglo 1975. ’ Project 1. 1 k - I “’ Pyah , L-u ,:..:.I I,“,, C,,,.M r.urn .- i -Ad----; di-- I ---- .x1- >C z.-- _ -2 ;;--. e*- P .,A 3 ---* 2 f;7- :rg -.:; 5 g *:“ :-* .,=x z - .j. .-I, -!; ,B ; -7 ‘> :IJ ;x z * k--- L If ;a 1 ) i: -_.-- pii& iYy& sb uiu’ I f-e.% \... :. C.d.lsrn~ Con*!>4 cIHI’y%-.o* STATE OF CLLICORNIA--ME RESOUKES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMP40 ML RIO NORTH. sum 100 SAN DIEGO, CA 921#1725 (619) 521-8036 4 ME WILSON. Gownor Date February 24, 1993 Application No. 6-92-182 Page 1 of 6 NOTICE OF INTENT TO ISSUE PERMIT On February 16. 1993 the California Coastal Commission approved the application of Citv of Carlsbad subject to the attached standard and special conditions, for the development'described below: Description: Construction of a 42 acre corrmunity park with 11 tennis courts, 3 ballfields, 2 soccer fields, 2 tot-lots, picnic areas, gymnasium, and restrooms, 412 parking spaces, and improvement of portion of Hidden Valley Road. Lot Area 1,829,520 sq. ft. Building Coverage 20,000 sq. ft. ( 1%) Pavement Coverage 403,000 sq. ft. (22%) Landscape Coverage 945,000 sq. ft. (52X) Unimproved Area 461.520 sq. ft. (25%) Parking Spaces 412 Zoning Planned Comnunity,(PC) Plan Designation Residential Hedium (4-B du/ac) Project Oensity N.A. H<abv fin grade 35 feet Site.: East of Paseo De1 Norte, north of Camino de las Ondas, south of Palomar Airport Road, Carlsbad, San Diego County. APN 214-140-13, 214-140-39, 214-300-09 The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1.2.3.4.5.6 6 7 . When these conditions have been satisfied, the permit will be issued. CHARLES DAHM DISTRICT OIREC,TOR BY NOTICE OF INTENT TO ISS~ PERMIT NO. 6-92-182 Page 2 of L STANDARD CONDITIONS: 1. 2. 3. 4. 5. 6. 7. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Assiqnment. 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 Cormnission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit Is subject to the following conditions: 1. Revised Plans. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, revised site and grading plans approved by the City of Carlsbad which shall incorporate the following: a. A minimum 25 foot buffer will be provided between the fill slope associated with the western project boundary and any riparian or floodplain (vegetated ,and non-vegetated) areas as shown on the site plan dated 10/23/92; NOTICE OF INTENT TO I&E PERMIT NO. 6-92-182 Page 3 of 6 -. SPECIAL CONDITIONS, continued: b. No grading or disturbance shall be permitted within the 25 foot buffer which shall be revegetated upon completion of grading, pursuant to Special Condition #4 of this permit; C. Use of the 25 foot zone immediately adjacent to the east of the required buffer shall be limited to the manufactured fill slope, which shall be revegetated with coastal sage scrub species and retained in open space, and the pedestrian access trail. 2. California Gnatcatcher. Prior to the issuance of the coastal development permit, the applicant shall submit a gnatcatcher protection plan to the Executive Director for review and written approval in consultation with the Department of Fish and Game. The plan shall include the following; a. Prior to the onset of the California gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a survey of the site to identify any nests or birds'and how many nests or birds were sighted; b. The plan shall include, at a minimum, staking of 100 foot buffer zones around any nesting sites found on-site; C. No grading or construction associated with the sewer line or pedestrian accessway shall occur during the nesting season; \ d. If nests are found, no grading or construction of the manufactured slope associated with the western limit of park uses shall occur within the nesting season; e. Pf no nests are found, grading of the manufactured slope rndy be permitted. f. The survey results shall be submitted to the Executive Director for review and approval, prior to commencement of grading during the nesting season. 3. Open Space Deed Restrictioq.. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject properti, 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 alteration of landforms. removal of vegetation or the erection of structures of any type, except as herein approved, in the area shown on the attached Exhibit "3*, and generally described as all riparian and NOTICE OF INTENT TO IS&E PERMIT NO. 6-92-182 Page 4 of 6 SPECIAL CONDITIONS, continued floodplain areas and their buffers required pursuant to Special Condition #l of this permit, 4.7 acres of coastal sage scrub, and 1.0 acre of mixed chaparral, all as shown on the site plan dated 10/23/92. The manufactured slope shall also be included as open space, although the pedestrian trail and retaining features are permitted on the slope. The pedestrian accessway and sewer line are also permitted within the open space area. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 4. Landscapins;Revesetation and Enhancement Plan. Prior to the issuance of the coastal development permit, the applicant shall submit a final landscape and revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. In addition, said plans shall indicate the following: a. Exotic vegetation shall be removed from the riparian and floodplain areas and their buffer areas and these areas shall be subsequently enhanced with appropriate native species approved in consultation with the Department of Fish and Game. \ b. The remaining park area shall be landscaped with drought-resistant, native or naturalizing vegetation, with the exception of the playing fields, to avoid use of any species which is incompatible with the adjacent enhanced resource area. A detailed interpretive signage plan documenting plant, animal, and &vironmental conditions of the on-site resources to facilitate and enhance public use of the park. Said interpretive signage shall be placed along the City-wide trail at 500 foot intervals on-site. Said plan shall be submitted to, reviewed by and approved in writing by the Executive Director in consultation with the Department of Fish and Game. d. The construction corridor associated with the pedestrian accessway and sewer line construction shall be revegetated with coastal sage scrub species over the western slope and riparian species in the floodplain. e. The maintenance and monitoring provisions of the submitted mitigation plan are incorporated into the project. ,_ _-- - ..I. c,* 1” A JJUL Tc3\*‘l*. Id. u-YL-IO< Page 5 of 6 SPECIAL CONDITIONS. continued: 5. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved by the City of Carlsbad and approved in writing by the Executive Director, in consultation with the Department of Fish and Game. Said plans shall incorporate the following: a. All grading activity shall be prohibited between October 1st and April 1st of any year. Prior to comencement of any grading activity, the permittee shall submit a grading schedule which indicates that grading will be completed within the permitted time frame designated in this condition and that any variation from the schedule shall be promptly reported to the Executive Director. b. All 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 1nlet.s. debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 6. DrainaseARunoff Control. Prior to the issuance of a coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad.' Said plans shall be designed . by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site -as a resuJt of a ten-year (requency storm over a six-hour duration (10 year, 6 hour rainstorm).. Runoff ontrol shall be accomplished by such means as on-site detention/desilting 3sin(s). Energy dissipating measures at the terminus of outflow drains shall e constructed. The runoff control plan inciuding supporting calculations ihall be submitted to and determined adequate in writing by the Executive Director. 7. fl Prior to the issuance of a coastal development permit, the app\icant shall submft final pedestrian accessway and bridge plans and sewer plans, approved by the City of Carlsbad. The plans shall include the following: NOTICE OF INTENT TO IS&E PERMIT NO. 6-92-182 Page 6 of 6 SPECIAL CONDITIONS, continued: a. The construction corridor associated with the pedestrian access system and sewer construction shall be limited to 10 feet wide. Temporary fencing defining the limits of the construction corridor shall be installed prior to commencement of construction to avoid impacts. b. The location of staging areas associated with the pedestrian access system and sewer construction work. Access corridors and staging areas shall not be allowed to occur outside the construction corridor. C. No disturbance to riparian vegetation in the floodplain. Approval in'writing by the Department of Fish and Game. (3722N) . . x. EXHIBIT -6 RANCH0 AQUA HEDJONDA MAP :Z 023 PLAT T(J,ACjCC, ‘~s,EEAL OESCRIPTION N 114 SEC. 21 /L 4. ’ ’ ’ N84’27’10’W 1847.91’ -7 . / 1286.32’ L N84’27’10’w + y&cc--’ - - =P \ - -I -/ < / i 9 4 * *Kc ‘~5+-37’25’EcR> iae-- rL ,, \,~~,w~~--LCR) N58’34’29’ECRI - - - 1167.61’ - 1 I PARCEL 2 P.M. et38 LINE DATA [NO. 1 nE4RINC 1 DISTANCE 14’n3’F I 37 41’ .-. --_. IMICATES oea, RmTRicTlw AREA Ll N34’(, s-m.. , -,. .- @ - . ;; N00’41’44.E 1 7.42’ IN)ICATES 25’ - ANI WATW NO0’43’TI’F 1 ‘IA Al’ @ ImIcAlEs ewm - L4 N12’05 L5 NO044 ll’DlCAl’WA-- PALOh4AR A- ROLE!/ la CAh4INo cle LAS OtaAs VICINITY MAP NOT TO SCALE -._ ---- - -L . _ _. CROSBYw~-~~lTO~ ASSOC. ~HOm.Camlmuurvm*oa c-u CI .1001 l.1.l u-u,0 -- -d --..-----_____. -. EXHIBIT C [30106. Development] "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal of harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure"'includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. -- EXHIBIT “J” PPRCEL “Fl” - POINSETTIFI PFIRK BOlJNDfiRY THAT PORTION OF THE WEST HALF OF SECTION 21. TOWNSHIP 12 SOUTH, RClNGE 4 WEST, SFIN BERNCIRDINO flERIDI,QN, XCORDING TO OFFItlnL PLFIT THEREOF AND LOT S OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CC\RLSSAD. COUNTY OF SAN DIEGO, STFITE OF CfXIFORNIA. DESCRIBED IX FOLLOWS: BEGINNING AT THE SOUTH OUARTER CORNER OF SECTION 21 c\S SHOWN ON R.O.S. 9El2, RECORDED OCTOBER 18, 1984, IN THE OFF ICE OF TFIE COUNTY RECORDER OF SCIID SClN DIEGO COUNTY; THENCE CILONG THE NORTH-SOUTH C,ENTERLINE OF S&ID SECTION 21, NORTH 00’42 11” E&ST 1124.13 FEET (RECORD NORTH 00’00’ 24” EFIST PER DEED RECORDED 01-03-79 AS FILE NO. 79-001774, 0.R.) TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING QLONG SClID NORTH-SOUTH CENTERLINE, NORTH 00~42’11” EAST 1117.81 FEET TO THE SOUTHERLY LINE OF RANCH0 fiGUA HEDIONDA, FIS ESTABLISHED BY DECREE UNDER SUPER1 OR COURT CClSE NO. 14820; THENCE CILONG SAID SOUTHERLY LINE, NORTH 89’27’ 10” WEST 1847.91 FEET TO THE NORTHWEST CORNER OF SAID LOT G OF MID TRACT NO. 72-23, MAP NO. 7683; THENCE CILONG THE WESTERLY LINE OF SF\ID LOT 8; SOUTH 24’02’01” EfiST 3.X.23 FEET (RECORD SOUTH 24*01’34” 357.96 FEET PER SFIID MCIP NO. 7683); THENCE SOUTH 63’04’ 23” WEST 30.00 FEET (RECORD SOUTH 63’04’50” WEST) TO A POINT ON THE NORTHEASTERLY RIGHT-OF-Way LINE OF PASEO DEL NORTE (FORMERLY LOWDER LANE) CIS SHOWN CIND DEDICCITED ON SCIID WBP NO. 7683; THENCE FlLONG SC)ID NORTHEASTERLY RIGHT-OF-W&Y LINE. SOUTH 26*55’37” E&ST 781.38 FEET TO THE BEGINNING OF c\ TFlNGENT 642.00 FOOT RADIUS CURVE CONCCIVE WESTERLY; THENCE SOUTHEiQSTERLY &LONG THE RRC OF SAID CURVE THROUGH FI CENTRCIL ANGLE OF 27’28’00” A DISTANCE OF 307.76 FEET; THENCE SOUTH 00’32’23” WEST 133.47 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF CFIRSLBAD, RECORDED NOVEMBER 11, 1976 CIS FILE NO. 76-306552, OR.: THENCE CILONG THE SOUTHERLY LINE OF SAID LFIND DESCRIBED IN S&ID DEED, SOUTH 89.27’37” E&ST (RECORD SOUTH 89.27’10” EfiS’T PER SClID DEED) 122.00 FEET TO THE ECISTERLY LINE OF SAID LCIND DESCRIBED IN SAID DEED; THENCE FILONG THE EASTERLY LINE OF SC\ID LFIND DESCRIBED IN SAID DEED, NORTH 00’32’23” EFIST (RECORD NORTH 00’32’50” PER SCIID DEED) 344.45 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF PCIRCEL MFIP NO. 6136; THENCE LEAVING SAID EC\STERLY LINE OF SCIID LAND DESCRIBED IN SAID DEED, ALONG THE NORTHERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MFlP NO. 6136, SOUTH 89’27’37” ECIST 1167.61 FEET (RECORD SOUTH 89’40’20” 1168.86 PER PARCEL MAP NO. 61361 TO THE TWE POINT OF BEGINNING. SAID PFIRCEL “h- CONTAINS 42.009 CICRES MORE OR LESS PRRCEL “8” - DEED RESTRICTION CIRECI BEGINNING AT THE SOUTH OUARTER CORNER OF SECT ION 21 FIS SHOWN ON R.O.S. 9812. RECORDED OCTOBER 18. 1984. IN THE OFFICE OF THE COUNTY RECORDER OF-.SbID SRN DIEGO COUNTY; THENCE FILONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 21, NORTH 00.42’11” EAST 1124.13 FEET (RECORD NORTH 00’00’24” EAST PER DEED RECORDED 01-03-79 AS FILE NO. 79-001774, 0.R.) TO THE NORTHERLY LINE OF PIRCEL 2 OF PCIRCEL MAP NO. 6136 RECORDED JULY 6, 1977, O.R.; THENCE ClLONG THE NORTHERLY LINE OF SCIID PC\RCEL 2, NORTH 89.27’37” WEST 1036.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEFlVING SAID NORTHERLY LINE, NORTH 12’05’27” WEST 37.43 FEET TO THE BEGINNING OF 6 NON-TANGENT 40.00 FOOT RCIDIUS CURVE CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SCIID CURVE THROUGH A CENTRFIL ANGLE OF 44’18’16” A DISTANCE OF 30.93 FEET; THENCE NORTH 00’44’09” EAST 41.91 FEET TO THE BEGINNING OF a 10.00 FOOT RADIUS CURVE CONCF\VE SOUTHEASTERLY8 A RADIFIL L,INE TO S&ID POINT SEARS NORTH G9’15’51” WEST: THENCE NORTHSASTERLY CILONG THE CIRC OF SFIID CURVE THROUGH c\ CENTRCIL ANGLE OF 82’52’10” A DISTANCE OF 14.46 FEET; THENCE NORTH 00’43’39” EAST 18.41 FEET; THENCE NORTH 03’30’32” EAST 89.02 FEET TO THE 1 - (CONT.) BEGINNING OF A NON-TANGENT 119.77 FOOT RAU I us CURVE CUNCAVE SOUTHWESTERLY, A RADIAL LINE TO SFIID POINT SEARS, SOUTH 83’40’56” EAST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37’39’35” A DISTANCE OF 78.72 FEET TO THE BEGINNING OF A REVERSE 410.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58’39’29” WEST : THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21’19’29” A DISTANCE OF 152.60 FEET TO THE BEGINNING OF A REVERSE 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 79’58’58” EAST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25’21’ 33” A DISTANCE OF 115 .OG FEET; THENCE NORTH 85’47’10” WEST 25.91 FEET; THENCE NORTH 39’17’25” WEST 133.11 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 55’23’18” WEST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22’25’14” A DISTANCE OF 58.70 FEET TO THE BEGINNING OF A REVERSE 250.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77’48’32” EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28’53’48” A DISTANCE OF 126.09 FEET TO THE BEGINNING OF A NON-TANGENT REVERSE 185.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 40’ 54 * 43” EAST ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79’28’ 00” A DISTANCE OF 256.59 FEET TO THE BEGINNING OF A NON-TANGENT 127.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 50’09’ 33” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SOID CURE THROUGH A CENTRAL ANGLE OF 45’17’ 54 A DISTANCE OF 100.59 FEET; THENCE NORTH 00*41’44” EAST 7.42 FEET; THENCE NORTH 34 ‘49’02” EAST 17.93 FEET TO THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA. AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16820: THENCE ALONG SAID SOUTHERLY LINE, NORTH 09’27’10” WEST 561 .bO FEET THE NORTHWEST CORNER OF LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683; THENCE ALONG THE WESTERLY LINE OF SAID LOT 8; SOUTH 24’02’01” EAST 350.23 FEET (RECORD SOUTH 24.01’34” 357.96 FEET PER SAID MAP NO. 7683) ; THENCE SDUTH 63’04 ’ 23” WEST 30 .OO FEET (RECORD SOUTH 63’04’50” WEST PER SAID MAP) TO A POINT ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PASEO DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP NO. 7683; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 26’55’37” EAST 781.38 FEET TO THE BEGINNING OF A 642.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27’28’00” A DISTANCE OF 307.76 FEET; THENCE SOUTH 00’32’23” WEST 133.47 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD RECORDED NOVEMBER 11, 1976 AS FILE NO. 76-3Sb552, OR.3 THENCE ALONG THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN SAID DEED, SOUTH 89’27’ 37” EAST (RECORD SOUTH G9’27’1o” EAST PER SAID DEED) 122.00 FEET TO THE EASTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED; THENCE ALONG S&ID EASTERLY LINE, NORTH 00’32’23” EAST (RECORD NORTH 00.32’50” PER SF\ID DEED) 344.45 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP NO. 6136: THENCE LEAVING SAID EASTERLY LINE OF SCIID LAND DESCRIBED IN SAID DEED, CILONG THE NORTHERLY LINE OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 6136, SOUT+‘l”m 89*27’37” EAST (RECORD SOUTH 09’40’20” EAST PER PARCEL MAP NO. 6136) 111.09 FEET TO THE TRUE POINT OF BEGINNING. -- ‘\ SAID PARCEL “B” CONTAINS 10.565 ACRES MORE OR LESS. J THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A COMBINATION OF RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED PARCELS OF LAND. 2 _--- EXHIBIT V’b ” RANGHO AQUA HEDJONDA MAP N’ 323 FLAT TO ACjCC&.‘A$Y)ff;;AL DESCRIPTION 6EC. N I;4 SEC. 21 , . . / N84’27’10’W 1847.41’ * * * 3-E CR3185.00’Z’ * c * .* * * * c * c * * * * * c * * * * N50’39’24’ECR) -- * * * * * c ” * U I I I UUCATES - RBIRICTICN AREA INXCATES 25’ - AM WATW - IN)ICATES SEIFlw - INllCAlB ACCESS M 99 I\ Nom . . . . . . . . . . . . . . . . . . . . . . . . PARK SlTe Jy . . . E . . . . . ~.~.~.~.~.~.~.~.~.~.~.~.~ !I < 1 “” 6 3 CAh4lNo oe LAS CxaAs VICINITY MAP NOT TO SCALE _. _- ---_. CURVE DATA N85’47’10’W [ 25.41’ ] CROSBY~~ME~~VTO~ ASSOC. I.#~C--rmm mumu, c. 1maa ow UI-YIO .-_ September 30, 1993 California Coastal Commission Legal Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Attention: Mr. Derek Rohlffs Re: Deed Restriction on a Portion of City-owned Property - Poinsettia Community Park The Carlsbad City Council, at its meeting of September 21, 1993, adopted Resolution No. 93-267, approving a deed restriction on a portion of city owned property required as a condition of California Coastal Commission Permit No. 6-92-182 and California Department of Fish and Game Permit No. 5-222-93 for the future construction of Poinsettia Community Park. Enclosed please find a copy of Resolution No. 93-267 and the original agreement. It is requested that a copy of the recorded agreement be sent to this office. ALETHA L. RAUTENXXANZ, CMC / City Clerk ALR:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 a3