HomeMy WebLinkAbout1993-09-21; City Council; 12401; APPROVE DEED RESTRICTION AS PERMIT CONDITIONS FOR POINSETTIA COMMUNITY PARK’* ...
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WY OF CARLSBAD - AG~A BILL ._
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DEPT. CD
TITLE: APPROVE DEED RESTRICTION
MTG. 9-al-93 AS PERMIT CONDITIONS FOR
POINSETTIA COMMUNITY PARK
DEPT.
CITY A
CITY N
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RECOMMENDED ACTION:
Adopt Resolution No. 93-26? approving a deed restriction on a portion of City o
property required as a condition of California Coastal Commission Permit No. 6-9:
and California Department of Fish and Game Permit No. 5-222-93 for the 1
construction of Poinsettia Community Park.
ITEM EXPLANATION
As a condition of California Coastal Commission Permit No. 6-92-1 82 and Cali
Department of Fish and Game Permit No. 5-222-93 for the City’s future constrl
of Poinsettia Community Park, the City is required to prepare and execute docul
placing a deed restriction over a portion of the City owned property precludin
future development into the identified sensitive habitat area on the park site.
purpose of this deed restriction is to protect the existing sensitive habitat from
damage or encroachment. This portion of the park property comprises a steep
and seasonal drainage area which has very little or no park development potentia
if available for use. The Master Plan report for the phased development of Poir
Community Park, which was previously approved by both the Parks and Recr
Commission and the City Council, identified this area to be preserved in its c
natural state.
I The restricted area totals approximately 10.5 acres and is composed prima I moderate to high quality riparian and coastal sage scrub habitat located at the ex
western edge of the 42 acre park site. Over several months, negotiations betwec
staff and representatives of the permitting agencies resulted in the agreem
designate this area for protection in exchange for the City’s ability to develc
remainder of the entire 42 acres for park use. The area is depicted in attached E
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The permit condition does, however, authorize the City to construct and maint:
elevated pedestrian walkway and required underground sewer and water lines th
cross this area. These necessary infrastructure facilities will be installed in the
1 portion of the project.
Staff recommends approval of the attached deed restriction documents.
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FISCAL IMPACT
As indicated above, the 10.5 acres to be restricted are composed of steep slop’ 0
g drainage area containing identified sensitive habitat with no practical potenl a
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development.
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Page Two of Agenda Bill No. /%wo/
There is no direct cost associated with the City’s recordation of a deed restrict
this portion of the park site property. The 10.5 acres to be restricted compris
majority of an early 1970’s private development dedication of a 12 acre parcel o
space and potential park site property associated with the multi-phased Alt
project along Paseo Del Norte. The 10.5 acres to be restricted is not a part of
acre adjacent parcel acquired by the City approximately three (3) years a
Poinsettia Community Park.
EXHIBITS
1. Location Map
2. Resolution No.93-ZL3 Approving deed restriction documents affectin
owned property on the Poinsettia Community Park site
3. Deed restriction documents
F- - LOCATION MAP
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II OF CARLSBAD
fTlA COMMUNlTY
. . . . . . . . n DEED RESTRICTED AREA .*.-.*,*..... .*.-.-.*.5-.*. .-,5*.*.-.*.-. ...-.....-A'. *.**-.-.*.-.:.
PROJECT NAME PROJECT ibc EX
I POINSETTIA COMMUNITY PARK 3348
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RESOLUTION NO. 93-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS
CALIFORNIA, APPROVING DEED RESTRICTION DOCUMENTS FOI
OWNED PROPERTY COMPRISING POINSETTIA COMMUNITY PA1
WHEREAS, the City Council of the City of Carlsbad, Californ~
previously secured required regulatory agency permits for the future construc i
7 I/ Poinsettia Community Park; and
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Poinsettia Community Park; and 9
WHEREAS, the City is the legal owner of the real property cor"
lo I/ WHEREAS, said permits require the placement of a deed restrictil ''11 portion of said property; and
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13 // WHEREAS, the aforementioned deed restrictions documents ha\
14 prepared and are hereby submitted; and
15 WHEREAS, the City Council of the City of Carlsbad, California,here
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documents placing the restriction over the portion of City owned property Cor I.7
it necessary, desirable, and in the public interest to approve said deed re:
I.8 11 Poirisettia Community Park.
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20 I/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the
21 Carlsbad, California, as follows:
22 1. That the above recitations are true and correct.
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project are hereby approved and the Mayor and City Clerk are authorized and 24
2. That deed restriction documents prepared for the aforemt
to execute said documents. Following the Mayor's signature of said documc
ll City Clerk is further authorized and directed to forward one (1) original copy 27
28 documents, with all accompanying exhibits, to the California Coastal Com
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Francisco, California, 94105-221 9, and both the Parks and Recreation and Con 2
attention Mr. Derek Rohlffs, Legal Division, 45 Fremont Street, Suite 20C
3 Development Departments for their files.
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7 vote, to wit:
PASSED, APPROVED, AND ADOPTED at a regular meeting of the C
City Council held on the 2ist day of SEPTEMBER , 1993, by the fc
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NOES: None 9
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, F.
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ABSENT: None
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ATTEST:
I.7 lhxLLP+ ' 18 ALETHA L. RAUTENKRANZ, City CI k
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(SEAL)
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV 8.721
08P
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,
, hereinafter referred to as the "Owner( s) , 'I is/ ar
the record owner(s) of the following real property:
Poinsettia Community Park as described in attached Exhibit D
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~ hereinaf er ref erred to as the nProperty;" and
11. WHEREAS, the California Coastal Commission, hereinafter ref1
to as the "Commission," is acting on behalf of the People of the State of
California; and
111. WHEREAS, the subject property is located within the coasta
zone as defined in section 30103 of Division 20 of the California Public
Resources Code, hereinafter referred to as the "California Coastal Act
of 1976," (the Act) ; and
1V. 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 number 6-92-182 ,hereina
ref erred to as the "Permit ,'I was granted on February 16 , 1993,
the Commission in accordance with the provision of the Staff Recommendati
I and Findings, attached hereto as Exhibit A and herein incorporated by
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reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions
including, but not limited to the following condition(s):
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 ti
liens, and binding on the permittee's successors in interest and any
subsequent purchasers of any portion of the real property. The restric
shall prohibit any alteration of landforms, removal of vegetation or the
erection of structures of any type, except as herein approved, in the a1
shown on the attached Exhibit "3", and generally described as all ripari
and floodplain areas and their buffers required pursuant to Special Con(
#1 of this permit, 4.7 acres of coastal sage scrub, and 1 .O a,cre of mixec
chaparral, all as shown on the site plan dated 10123192. The manufactu
slope shall also be included as open space, although the pedestrian trail
and retaining features are permitted on the slope. The pedestrian acce:
and sewer line are also permitted within the open space area. The reco
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 (
above condition(s) the proposed development could not be found consist4
with the provisions of the California Coastal Act of 1976 and that a pern
could therefore not have been granted; and
Vlll. 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.
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NOW, THEREFORE, in consideration of the granting of the Permit to th
Owner by the Commission the Owner hereby irrevocably covenants with the
Commission that there be and hereby is created the following restrictions
the use and enjoyment of said Property, to be attached to and become a par
of the deed to the property.
1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner, f
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 8, attached heretc
and incorporated herein by reference, shall be limited to natural open spz
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
native vegetation, grading, paving, installation of structures such as
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as otherwise approved by California Coastal Commission Permit No. 6-92-1 17
signs, buildings, etc., or
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following subject to applicable governmental regulatory requirements: 20
shall occur or be allowed on the Protected Land with the exception of the
21 (a) the removal of hazardous substances or conditions or
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(b) the removal of any vegetation which constitutes or 23
diseased plants or trees;
contributes to a fire hazard to residential us of neighboring properties, 24
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(c) the installation or repair of underground utility lines 27
residentia.1 development;
COURT PAPER
STD. 113 IREV 0.721
STATE OF CALIFORNIA I1 -3-
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1 and septic systems;
2 (d) Other: Inswation and maintenance of the approved
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ment.authorized by the Permit or any modification of said development, 7
amendment thereof remains effective, and during the period that the develc 6
and effect during the period that the said permit, or any modification or 5
2. DURATION. Said Deed Restriction shall remain in full force 4
nPdestrian walbav ~& sewer line
8 remains in existence in or upon any part of, and thereby confers benefit
9 upon, the Property described herein, and shall bind Owner and all his/her
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3. TAXES AND ASSESSMENTS. It is intended that this Deed Restrictic 11
assigns or successors in interest.
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survives a sale of tax-deemed property. 18
3712(d) of the California Revenue and Taxation Code, or successor statute, 17
servitude upon and burden to the property within the meaning of section 16
statute. Furthermore, this Deed Restriction shall be deemed to constitute 15
and b) section 402.1 of the California Revenue and Taxation Code or succes 14
meaning of a) Article XIII, section 8, of the California Constitution; 13
is irrevocable and shall constitute an enforceable restriction within the
19 4. RIGHT OF ENTRY. The Commission or its agent may enter onto the
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whether the use restrictions set forth above are being observed. 21
which Property at times reasonably acceptable to the Owner to ascertain
22 5. REMEDIES. Any act, conveyance contract, or authorization by
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enforce the terms and conditions of this Deed Resriction. In the event of 27
and Owner may pursue any and all available legal and/or equitable remedies 26
Restriction will be deemed a violation and a breach hereof. The Cornrnissior 25
would permit use of the Property contrary to the terms of this Deed 24
the Owner whether written or oral which uses or would cause to be used or
COURT PAPER
STD I I3 (REV 8.721 STATE OF CALIFORNIA I -4 -
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1 breach, any forbearance on the part of either party to enforce the terms a
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regarding any subsequent breach. 3
provisions hereof shall not be deemed a waiver of enforcement rights
4 6. SEVERABILITY. If any provision of these restrictions is
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provision shall be thereby affected or impaired. 6
held to be invalid, or for any reason becomes unenforceable, no other
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9 Dated : SEPTEMBER 23 , 1993
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12 SIGNED: SIGNED:
13 CLAUDE A. LEWIS
Mayor
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ATTEST :
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ALETHA L. RAUTENKRANZ
City Clerk
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(NOTARY ON NEXT PAGE)
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RONALD R. BALL ?/2q93*
City Attorney
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COURT PAPER
STATE OF CALIFORNIA STD 113 [REV 0-721
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STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO 1
2 On , before me, , a Not;
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Pub1 ic, personally appeared , personal '
known to me (or proved to me on the basis of satisfactory evidence) to be
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
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STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On , before me, , a Nota
Public, personally appeared , personal 1
known to me (or proved to me on the basis of satisfactory evidence) to be
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/thei r signature( s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
26 WITNESS my hand and official seal. ll
27 11 /(Signature
COURT PAPER
STATE oc CALIFORNIA
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ST0 I13 [REV 9.721
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hereby acknowledged by the undersigned officer on behalf of the Californi, 2
This is to certify that the Open Space Deed Restriction set forth above il
Coastal Camissian pursuant to authority conferred by the California Coas' 5
4 Commission when it granted Coastal Development Permit No.
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Jon and the California Coastal Commission consent
6 1 recordation thereof by its duly authorized officer.
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8 Dated:
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CALIFORNIA COASTAL COMMISSION
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l4 'I STATE OF CALIFORNIA
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On , before me, , a Not,
Public, personally .. appeared , persona
I.8 known to me (or proved to me on the basis of satisfactory evidence) to bl
l9 1 the person( s) whose narne(s1 is/are subscribed to the within instrument a
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acknowledged to me that he/she/they executed the same in his/her/their
22 21 I instrument the person(s), or the entity upon behalf of which the person(
23 ' acted, executed the instrument.
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authorized capacity(ies), and that by his/her/their signature(s) on the
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25 /1 WITNESS my hand and official seal.
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27 i Signature
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COURT PAPER
STD 113 REV a.721 STATE OF CALIFORNIA 11
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STPTE OF CALIFORNIA-THE RESOVRCES AGENCY PFlE WllS
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CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
ill1 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO. CA 92108-1725
(61 9) 52 1-8036
Filed: 11 /30/92 49th Day: 1 /18/92 180th Day: 5/29/93 Staff : WNP-SD Staff Report: 12/17/92 Hearing Date: 1 /12-15/93
REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No. : 6-92-182
Applicant: City of Carlsbad John Cahill
Description: Construction of a 42 acre community park with 11 tennis court 3 ballfields, 2 soccer fields, 2 tot-lots, picnic areas,
gymnasium, and restrooms, 412 parking spaces, and improvement portion of Hidden Valley Road.
Lot Area Building Coverage
Pavement Coverage
Landscape Coverage Unimproved Area Parking Spaces Zoning
Phn Designation Project Density Ht abv fin grade
1,829,520 sq. ft.
20,000 sq. ft. ( 1%) 403,000 sq. ft. (22%) 945,000 sq. ft. (52%) 461,520 sq. ft. (25%) 41 2 Planned Community (PC) Residential Medium (4-8 du/ac)
N.A. 35 feet
Site: East of Paseo Del Norte, north of Camino de las Ondas, south Palomar Airport Road, Carlsbad, San Diego County. APN 21 4-1 40-1 3, 214-1 40-39, 21 4-300-09
STAFF NOTES:
Summary of Staff's Preliminary Recomnendation:
Staff is recomnendlng approval of the proposed project subject to speci conditions requiring a project redesign to eliminate construction within habitat associated with the California Gnatcatcher and proposed fill locate
in riparian and floodplain buffers; a California Gnatcatcher protection pla a landscaping/reveqetation and enhancement plan; a deed restriction placins
all riparian, floodplain and naturally vegetated areas and their buffers ir
permanent open space; grading and erosion control plans; and drainage plans
Substantive File Documents: Certified City of Carlsbad Mello I1 Segment Lt
City of Carlsbad Negative Declaration EIA 92-06, Biological Survey (May 1992)
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PRELIMINARY STAFF RECOMMENDATION:
The staff recomnends the Comnission adopt the following resolution:.
I. Approval with Conditions.
The Commission hereby qrants 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
will not have any significant adverse impacts on the environment within t
meaning of the California Environmental Quality Act.
11. Standard Conditions.
See attached page.
111. 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 approve
the City of Carlsbad documenting:
a. the elimination of encroachments into the 3.1 acres of disturbe coastal sage scrub habitat;
b. a 50 foot buffer between the fill slope associated with the we! 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 I
to the Executive Director for review and approval in consultaticn with ti
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 sha
conduct a survey of the site to identify any nests or birds and how I
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
or potential pedestrian accessway during the nesting season;
d. If nests are found, no grading or construction of the manufactu
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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 Department of Fish and Game and in accordance with the gnatcatcher protection plan.
f. The proposed lighting plan must also be reviewed and approved by tt
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 in interest and any
subsequent purchasers of any portion of the real property. The restriction
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 (
floodplain areas and their buffers required pursuant to Special Condition #
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 1
the site plan dated 10/23/92. The recording document shall include legal
descriptions of both the applicant's entire parcel(s) and the restricted ar
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
written approval of the Executive Director.
shall prohibit any alteration of landforms, removal of vegetation or the
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4. Landscapinq/Revegetation and Enhancement Plan. Prior to the issuan 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 feature
Drought tolerant native or* naturalizing plant materials shall be utilized t
'the maximum extent feasible. In addition, said plans shall indicate the
following:
a. Exotic vegetation shall be removed from the riparian and floodplai
areas and their buffer areas and the 3.1 acre disturbed coastal sage sc
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 shall be appropriately landscaped with screening, drought-resistant, native or naturalizing vegetation.
Vegetation, and substantial tree elements (minimum 24-inch box) shall b
placed for purposes of screening the proposed project from Hidden Valle
Road.
c. A detailed interpretive signage plan documenting plant, animal, an environmental conditions of the on-site resources to facilitate and
enhance public use of the park. Said interpretive signage shall be pla along the City-wide trail at 500 foot intervals on-site, Said plan sha
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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 wit
coastal sage scrub species. Said plan shall first be approved by the C
of Carlsbad, and shall be reviewed and approved in writing by the
Executive Director, in consultation with the Department of Fish and Gam
e. The maintenance and monitoring provisions are incorporated as proposed with the submitted mitigation plan.
5. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approvec
the City of Carlsbad which shall incorporate the following:
a. All grading activity shall be prohibited between October 1st and Ar 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 develope(
and installed prior to or concurrent with any on-site grading activitic
c. All areas disturbed, but not completed, durlng the construction season, including graded pads, shall be stabilized in advance of the ri
season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and :
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 spec
compatible with surrounding native vegetation, subject to Executive
Oi rector approval.
6. Drainase/Runoff 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 desi
by a licensed'engineer qualified in hydrology and hydraullcs, and assure n
increase in peak runoff rate from the developed site as a result of a ten-
frequency storm over a slx-hour duration (10 year, 6 hour ralnstorm). Run
basin(s). Energy dissipating measures at the terminus of outflow drains s be constructed. The runoff control plan including supporting calculations
shall be submitted to and determined adequate in writing by the Executive
Director.
control shall be accomplished by such means as on-site detention/desilting
7. Non-authorization of Pedestrian Accesswav and Bridqe. On-Site and
Off-Site Sewer Lines. This permit does not authorize the construction of
pedestrian accessway and bridge, or the proposed on-site sewer lines. No
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off-site sewer is proposed or permitted. The alignment and design of the above improvements shall be the subject of an amendment to this coastal development permit which shall be accompanied by detailed plans and alternatives analysis.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. The City of Carlsbad is proposing to
develop a 42 acre community park. The community 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. clubhou
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
children; batting cages, golf tee-off cages, 800.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 Del Norte and just north of
development lies to the west and vacant property to the north, east, and south. These undeveloped properties are planned for medium to high density
Camino De Las Ondas in the southern portion of the City of Carlsbad, Urban
. residential use.
From the eastern property line the site is comprised of flat agricultural 1
in varying stages of production which slopes gently downward to the west in
a drainage area containing two areas of riparian habitat and weedy floodpla
and then onto native coastal sage-covered slopes which climb steeply up to Paseo Del Norte on the western portion of the site. Of the site's approximately 42 acres of land, about 30 acres is either being farmed or ha been farmed but is no longer in production. Approximately 11.3 acres of
native habitat (.5 acres of riparian scrub, 2.0 acres of weedy floodplain, 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 thls area. The applicant has submitted a biology report and mitigation report to assess and propose mitigation for project impacts.
Vehicular 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 nortk along the park's eastern property line. Hidden Valley Road (proposed widtt
48 ft., right-of-way at 68 ft.) is a circulation element road in the City c
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 yat
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to be exported to the park site. Under the LCP policies, circulation elemc
Although exempt from steep slope policies, its construction would not adversely impact dual criteria slopes.
Pedestrian access is proposed from Paseo Del Norte and would traverse down steep western slope of the property via an elevated stairway constructed 01 piers, to then traverse floodplain portions of the site 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 construct
of Hidden Valley Road will be exported to the park site.
roads are exempt from the steep slope policies of the certified Mel'lo I1 LC
A temporary sewer line is proposed to be trenched down the steep coastal s covered slopes from Paseo Del Norte and across the floodplain connecting k a pump station located on the park site pad. Sewage generated by the proc restrooms located at various points on the property would be directed to t pump station where sewage would be pumped back up the slope to the existir
sewer line in Paseo Del Norte. Upon completion of the gyrnnasium/comnunit)
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 Roac
No plans for any off-site sewer improvements have been submitted with thi: application. Additionally, the Commission must be assured the temporary ' through steep slopes to Paseo Del Norte is the least environmentally dama! alternative. .Therefore, the proposed on-site and off-site sewer lines an( potential alternatives must be the subject of an amendment to this coasta' 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 C'
of Carlsbad's certified Local Coastal Program (LCP). The western portion designated open space (OS).
Policy 6-1 of the certified Mello I1 LCP states that Altimira.Park will b
Resource Protection Overlay Zone and the Coastal Agricultural Overlay Zon the certified Hello I1 LCP.
The project is designed for three phases. The first phase would include 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, an portion of the tennis center. The second phase would consist of the bala of the tennis center and any remaining sport facilities not completed und phase one. The third phase would include the construction of the gymnasium/community center and the hook-up of the park to the gravity sek system leading to Palomar Airport Road (if the sewer line has been constr
by adjacent residential developments). Any off-slte sewer line construct would require an amendment to this permit.
recreational priority of the City. The site is located in the Coastal
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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 othe means ... controlling runoff ....
Section 30240 of the Coastal Act states:
(a) Environmentally sensitive 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 sha be compatible with the continuance of such habitat areas.
In addition to these provisions, Section 30236 of the Act states:
Channelizations, dams, or other substantial alterations of rivers a streams shall incorporate the best mitigation measures feasible, and be
limited to (I) necessary water supply projects, (2) flood control projec where no other method of protecting existing structures in the floodplai is feasible and where such protection is necessary for public safety or
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 habitats are ecologically important as they are rapidly disappearing by way of development, and succes in re-establishing habitat areas of comparable diversity and quality is not
guaranteed.
The California gnatcatcher is a permanent resident of the sage scrub community, a unique and diverse vegetation type that many experts consider t
be one of the most endangered habitats in the continental United States. In
recent years, decline of California gnatcatcher populations which rely on natur'al coastal sage scrub vegetation once comnon to the area have led to th specie's candidate status on the Federal endangered species list, and to an increasing concern over the retention of large, contiguous naturally-vegetat
areas. Two California gnatcatchers have been sited in the Diegan coastal sa
scrub and southern mixed chaparral dominated steep slopes on the western margins of the property (near Paseo del Norte) in the vicinity of the propos
pedestrian accessway.
Project implementation would result in a total loss of approximately 3.1 acr
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of disturbed coastal sage scrub vegetation, immediately east of the north/south drainage and the "cited" gnatcatcher habitat in the northwest
portion of the site. This vegetation would be removed to accomodate the
construction of a soccer field and enclosed soccer field. The biology repc identifies this area as poor quality habitat, dominated by pampas grass anc 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 tt
use of the site to the 4.7 acres of coastal sage scrub in the site's extren
western portion.
Although disturbed, this coastal sage scrub habitat is contiguous to both 1 drainage, with its riparian resources, and high quality coastal sage and
chaparral stands, located in the northwest portion of the site. As such tl
disturbed coastal sage scrub acts as a buffer between those portions of thc site that are proposed for intense recreational development and the more
sensitive resources on the subject site. The report notes that although i.
in a disturbed state. its removal would be considered an adverse impact.
left alone or enhanced, it could regenerate to a higher quality habitat.
As noted, the biology report states that gnatcatchers limit their use of t
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
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 size (i.e., the
amount of space it needs to forage and nest to survive). As an example th
report cites that a pair of gnatcatchers that spends most of its time with
approximately 13 acres may, during the course of the breeding season, use
area as large as 23 acres. Applying this general example in this particul
case, it is not unreasonable to infer that the on-site gnatcatchers may us
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 ha
. an adverse impact on the gnatcatcher as well as other endangered species t
reside in coastal sage scrub habitat (i.e., San Diego horned lizard and
orange-throated whiptail). The Comission is concerned over the curnulatit
loss of any potential gnatcatcher habitat and finds that preservation of 2
potential gnatcatcher habitat must be considered as beneficial. The
Conmission finds that the disturbed nature of this area is no cause for il
further disturbance as a way of justifying new development.
Section 30240 of the Coastal Act states that new development must be site( designed to prevent impacts to sensitive habitat areas and shall be compal
with the continuance of such habitat areas. Based on the above, the
Conmission cannot make the finding that the project is designed to be
compatible with the resources (i .e., gnatcatchers) that are located on si-
The Comnission notes that there is an alternative that would allow the prc
to go forward and be found consistent with the Coastal Act and the resourc
protection policies of the certified Mello I1 LCP, that being the completl
avoidance of the disturbed 3.1 acres. Special Condition #l requires a
redesign (revised plans) to remove the proposed improvements from this arl
avoidance and enhancement of this area (removal of exotlcs and re-introdu These facilities may be recaptured on another portion of the property, W
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of native coastal sage scrub species), the possibility of survival 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 1
nesting season. The plan will include, at a minimum, staking of the
appropriate buffer zones around any identified nesting sites. If no nests i
found, grading of the manufactured slope may be permitted, if approved by tt
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 live ( the property. The City states that field lights art? 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 enfure that light spill and glare onto adjacent property is
minimized, that low pressure sodium lights would be utilized to light parkir
areas, plazas, and WalkwdyS and that lights are conditioned to be turned of1
each evening by 1O:OO PM. Notwithstanding the above, the Commission remain!
concerned about the lighting impacts to the gnatcatcher and finds that thesc
plans must be approved as part of the gnatcatcher protection plan, and may t
modified by the Executive Director, in consultation with the Department of
Fish and Game.
B. 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
mulefat) within a drainage that ultimately drains to Las Encinas Canyon. TI
site also contains floodplain, sandy wash areas, which, although presently
vegetated with weedy species of no habitat value, could support riparian or
freshwater marsh species 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) impal
occur to these rapidly diminishing habitats.
A manufactured fill slope, associated with the western limit of development
park uses, is proposed which separates the proposed developable and
undevelopable portions of the site. According to the biology report, this
"buffer" slope is designed to provide maximum usage of the park site as we1
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6-92-1 82 page 10
as provide a buffer to the natural vegetation to the west. Varying in heigt from 30 to 70 feet, the buffer slope itself is approximately two acres. Th(
City has recommended the project landscape this slope with native coastal si
scrub as mitigation for adverse impacts to coastal sage scrub associated wi'
construction of the pedestrian accessway. Although no planting plans have been submitted, the report states that riparian trees would be planted alonc the base of the slope near the drainage to provide a full corridor of nativl habitat along the western portion of the site.
As noted, this fill slope runs the entire length of the western portion of
property. There is no virtually no setback between the toe of this slope a
the sandy wash ,floodplain. While currently vegetated with weeds, floodplai
are areas that are periodically flooded by water and thus can support ripar
and freshwater marsh species. Therefore floodplains have habitat value and
are a coastal resource. The fill slope also encroaches to within 50 feet o
identified riparian resources on the site. Surrounded by sandy wash
floodplain, these two riparian areas are located in the northern and southe
portions of the western margin of the site. The larger stand is located in
the southern porfion and includes willows and mulefat. Notwithstanding the
above proposals made by the applicant to mitigate project impacts, the proj
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 fe
from south to north) less than a 50 foot buffer is proposed between the
easternmost line of riparian vegetation and the toe-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 linea
length from south to north.
\
Eased on the above, the Commission finds that the project is not adequatelb setback from coastal resources. Without an adequate setback, the Comnissic cannot find that these resources will be protected, particularly from indir impacts associated with this project. In addition to requiring revised pla to retain 3.1 acres of disturbed coastal sage scrub habitat, Special Condit
#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 01
the buffer slope; however, the proposed City-wide trail may encroach withir
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 Mello I1 LCP recently was amended (September, 1992) to protect riparian and other sensi.
resources located outside the three lagoon ecosystems (Buena' Vista Lagoon,
Batiquitos Lagoon, and Agua Hedionda 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 ne!
development so that these habitats would be suitably protected. The sugge,
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
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width shall be maintained around all identified riparian areas, unless t
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 t
development and/or proposed mitigations (such as planting of vegetation
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. Buffer zones shall be protected through the execution c
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 r~ot accepted the suggested modification at this writing, :he Comnission is revSewing new
development proposals, including this project, for consistency with buffer
standards that were suggested by the Commission as appropriate to meet Chapt
3 requirements in its actioh on the LCP amendment. Therefore, the Comnissio
finds it appropriate to impose a buffer requirement on this project to prote
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 revegetation program,
including maintenance and monitoring provisions. It identifies that
revegetation will be done to aid the continued existence of the gnatcatcher
the form of revegetation of the two acre buffer slope with coastal sage scru
species.
' With respect to ripari~n impacts. the report states that since no impacts wi occur to riparian habitat, the riparian tree species planted along the base
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 through0
the sandy wash area to enhance the biological and aesthetic value of the
site. Both revegetation areas are designed to cover 80% or better of the si
at the end of two years.
However, because detailed planting plans have not been submitted and the
Comnission is requiring the revegetation of 3.1 acres of disturbed coastal
sage scrub habitat, Special Condition #4 requires submittal of a final landscaping/revegetation 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 ac
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
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park. Said interpretive signage shall be placed along the City-wide trail
500 foot intervals on-site. Moreover, upon approval of detailed plans, thc
construction corridor associated with the potential pedestrian accessway ar
sewer 1ine.constructian must be revegetated with coastal sage scrub specie!
The maintenance and monitoring pravisians 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 purpos,
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 poli of the Mello I1 LCP. As explained in detail in the following "Agricultura section of this report, the LCP requires that conversion of agricultural 1 to urban uses is permitted only upon adequate mitigation. In Phis case, t City has not paid the agricultural conversion mitigation fee as required i the LCP. The Commission can accept this action only if all the
environmentally sensitive lands on this site are restored, since one of tt
purposes of the mitigation monies is to benefit natural resources in the coastal zone in the City of Carlsbad. The Commission finds that restorat;
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 a(
of disturbed coastal sage scrub, high quality coastal sage scrub and chapi located primarily on steep, naturally vegetated slopes, and riparian and floodplain areas including their buffers) be placed under an open space dc restriction. Phis will protect against any inappropriate development of * areas in the future.
C. Steep S?oDes/Pedestrian Accessway.
As previously stated, the subject site is located in the area subject to ' Mello,II 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 regulat pertaining to steep slopes as drafted by the City and certified by the
Comnission seek to protect only those slopes which contain both areas of
grade and greater and natural coastal sage scrublchaparral vegetation.
The intent of the LCP policies is to limit the wholesale removal Of nath vegetation, recontouring of natural landforms and installation of impervi
surfaces within naturally vegetated steep slope areas. A detailed slope analysis and biological survey conducted for the site indicates that abou acres of the site are 25% grade or greater. Of these slopes, a total of
2.9 acres contain natural vegetation, including Diegan coastal sage scrut southern mixed chaparral plant comnunities. As noted, California gnatcat
have been sited in the Diegan coastal sage scrub and southern mixed chapz
dominated steep slopes on the western margins of the property.
As proposed, implementation would result in a total loss of approximatel) acres of Diegan coastal. sage scrub. Although the provisions of the Hell(
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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 dui criteria slopes. However, as noted below, the Commission is uncertain on tht 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 tc the park is proposed via a walkway at Paseo Del Norte. Second, access throuc
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-wic
trail system designed to link-up various visitor-destination points through01 the City of Carlsbad. Although the alignments of the trails are indicated 01 project plans, details of either trail have not been submitted. The Paseo dl 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 accesswal
all work would be done within a 10 foot-wide construction corridor. The Citl
has recommended the buffer slope to be planted with coastal sage scrub as mitigation for the 0.04 acres of cozstal sage scrub impact for the pedestriar accessway. No direct impacts to significant coastal resources are proposed
from the City wide trai 1 system, although a portion of its southern alignmeni
is proposed within 50 feet of riparian resources. With the exception of its southern alignment, which traverses the face 0.f the manufactured slope that separates the property into developable and undevelopable areas, the City-wic trail is located’immediately adjacent to the top of the fill slope.
The certified Mello !I LCP requires that impacts to naturally vegetated stee!
. slopes (25% grade or more) be avoided with some exceptions. Pedestrian acce!
alternatives from Paseo Del Norte to the active park uses were arlalyzed; eact 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 Del Norte to the park uses have not been engineered to accommodate safety and erosion issues, and that other alternatives would involve a longer linear length than the proposed pathway
because they would have to switch bask 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-si te.
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
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6-92-1 82 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 thlis time. The Commission finds that it is unclear if construct.
of a bridge a,ssociated with the accessway system from Paseo del Norte to thc
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 Ac. unless such impacts can be avoided the walkway may not be permitted in the
Alteration regulations may be required, for the bridge and the proposed seh
line. The Commission finds that these plans must be reviewed and approved
the DFG who will review for impacts to wetland vegetation and impacts to th
construction shall be the subject of an amendment to this coastal developme
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 10-foot wide construction corridor must be
jdstified. 'The Conission recognizes that the considered alternatives to t
proposed wzlltway appear to be more environmentally-damaging, but that the
proposed alternative requires more specific details and justification regarding its impacts.
Regarding the City-wide trail, a portion of its southern aljgnment is propc
within 50 feet of rlparian resources. Special Condition #l requires no
encroachments within 50 feet of riparian and floodplain resources. The
applicant states that to realign the trail consistent with this requiremen.
would preclude access to the handicapped and bicyclists as stairs and
retaining walls would be required rather than having the trail traverse a
Commission has allowed minimal public improvements (e.9. pathways, fencing
interpretive signs) necessary for passive recreat4onal uses +b wcur withi
riparian buffer areas, provided that they were confined to the upper part
the buffer. In this case the Commission finds that the.City-wide trail sy
may encroach1 into the upper 25 feet of the buffer provided that the floodp
and riparian buffers are landscaped with native plants representative of t
habitats as mitigatlon, and signhge is installed as an interpretive functi
to identify the sensitivity of the on-site resources to the visiting
public.
future. Additiona?ly, review by DFG under Section lbOl of its Streambed
gnatcatcher. The Commission's approval ,of the accessway and sewer line
. portion of the buffer slope as presently planned. In past actions, the
D. wino and Erosion Control.
Regarding the remainder of the project (30 acres), the Comnission notes tt
no significant impacts to coastal resources are proposed as most of this i
is unfarmed agricultural lands. The approximately 220,000 cubic yards of balanced grading would result in fill and cut slopes to 15 feet high. Thc grading of the property, however, has the potential to indirectly impact '
sensitive on-site resources.
Special Conlditions #5 and #6 require the submittal of detalled grading,
drainage, and erosion control plans designed to avoid erosion and subsequl
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sedimentation impacts to the sensitive resources associated with drainage f the developed site. In addition, the condition prohibits grading during th
winter months, when rain and resulting erosion is most likely to occur.
Special Condition #6 requires drainage plans designed to assure no increase
the peak rate of runoff associated with the developed site when compared to
undeveloped conditions. This requirement is consistent with the language contained in the Carlsbad LCP and past Comnission precedent.
In summary, proposed intrusions into protected areas are identified and
prohibited under the terms of Special Condition #1. 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 conditione
is consistent with Sections 30236, 30240 and 30253 of the Act.
3. c Agriculture. The project site supports agricultural uses and is
located in the Coastal Agricultural Overlay Zone. The Mello I1 LCP require
mitigation when non-prime coastal agricultural land is converted to urban 1
uses. Sections 30241 and 30242 of the Coastal Act concern the protection o
agricultural lands. In 1981, when the Carlsbad Mello I1 LCP segment was
certified by the Commission, the two major concerns were preservation of
aqricultural uses and protection of. environmentally sensitive habitats.
Regarding agricultural preservation, a major issue was minimizing agricultu
versus urban impacts by developing stable urban/agricultural boundaries. F
the most part, the certified LCP accomplished this objective by concentrati
development along 1-5, Palomar Airport Road, and the El Camino Real
transportation c-orridors and preserving the interior areas, where public
infrastructure is lacking, for continued agricultural use.
' Prior to major amendments to the LCP certified by the Comnission in 1985, t
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 aqricultural lands were subsidized in order for them to continue as
1985 significantly changed the policies of the LCP regarding agricultural
preservation. Those amendments essentially allowed for conversion of alms.
all the agriculturally designated lands within the City's Mello I and Hello
segments. The LCP provides three mitigation options for such conversions fc
projects in Site 11: (1) "Prime Land Exchange"; (2) "Determination of
Agricultural Feasibility"; and (3) "Agricultural Conversion Mitigation Fee"
The first option is a determination of infeasiblity of continued agricultur,
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 option 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.
such, However, major amendments to the LCP certified by the Comission in
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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. Undel
the provisions of the C-A zone, the timing of the mitigation required varie'
chosen.
Under the last option, payment of a mitigation fee, the mitigation requirem is triggered at the time that a coastal development permit for "urban development" is considered. Specifically, subsection 21.070-c calls for su
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 no
paid nor is proposing to pay an agricultural conversion fee.
The potential fee is paid for every acre converted to urban land uses and t
funds are used in the following priorities to: (1) restore natural resourc
and wildlife habitat in Batiquitos Lagoon; (2) develop an interpretive cent
at Buena Vista Lagoon; (3) restore beaches managed for public use in the Ci
of Carlsbad Coastal Zone; (4) develop projects benefiting natural resources
the coastal zone in the City of Carlsbad that is provided for in the local
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 coasta
zone. The City found that the development of the public park and protectio
of open space is in keeping with the coastal resource enhancement prioritie
of mitigation option #4. The City found that the park would offset or
mitigate the loss of non-prime agricultural land by providing greater publi
access to recreational and natural open space resources and, therefore, was
consistent and in compliance with the Mello I1 LCP agricultural mitigation
requirements.
However, the Comnission notes that the fee was not paid and the City libera
interpreted its compliance with mitiga'cion option #4. The Comnission can
support the City's flnding only if the environmentally-sensitive lands on t
site are preserved, restored and enhanced. Therefore, only as conditioned
require a redesign to avoid disruption of the remaining natural areas on tt
site, their restoration and enhancement and preservation as permanent open space, with a natural resource interpretive function for park users, can tt 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 I1 LCP.
dependi'ng on which of the three options of the ICP's conversion policies waI
coastal program of the City of Carlsbad. The first two priori ties have bee
4. Visual Imoacts. Section 30251 of the Coastal Act and the certific
Hello I1 LCP state that new development must be sited and designed to not
adversely impact scenic features. The project site is located imnediately
east of Paseo Del Norte and just north of Camino De Las Ondas in the south1
.w 0
6-92-1 82 page 17
portion of the City of Carlsbad. Although this area is primarily agricultul
land, it is surrounded by either existing medium density residential projec'
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/comunity 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 wi 11 be planted on the slo.pes that surround the proposed project. Vegetation shall be planted for purposes of screening the proposed pr'oject 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 Sect. 30251 of the Coastal Act and the Mello I1 LCP.
5. Local Coastal Planning. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Comnission to ad( znd implement a Local Coastal Program for portions of the City of Carlsbad i County islands prior to specific statcltory dates. In reviewing development proposals, the Commission must essentially act like local government and
assess whether a project is consistent w,ith the implementing zone and other policies of the certified LCP.
In this case, such a finding can be made. Policy 6-1 of the certified Mellc I1 segment of the City's LCP identifies that Altimira Park is a recreational
priority. As cohditioned herein, the proposed project can be found consiste
with all applicable Chapter 3 policies of the Coastal Act and the policies c
the certified Mcllo 11 LCP.
STANDARD CONDITIO&:
1. Notice of Receipt and Acknowledgement. The permit is not valid acd 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 Comission
office.
2. Expiration. If development has not commenced, the permit will expire tk years from the date on which the Comnission voted on the application.
Development shal1,be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approva
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
a @
6-92-1 82 page 18
5. Inspections, The Conmission staff shall be allowed to inspect the sitc and the development during construction, subject to 24-hour advance no'
6. Assignment. The permit may be assigned to any qualifled person, provi
assignee files with the Commission an affidavit accepting all terms an
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions SF
be perpetual, and it is the intention of the Commission and the permit
to bind all future owners and possessors of the subject property to tl terms. and conditions.
21 82R
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[EXHIBiT B f 5b ,". L. C.d8taro;
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STATE OF CALIFORNIA-WE RESOURCES AMNO PETE WILSC
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA Date February 24, 1993
31 1 1 CAMlNO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036 Application No. 6-92-1 82
Page 1 of 6
NOTICE OF INTENT TO ISSUE PERMIT
On February 16, 1993 , the California Coastal Commission approved t
the attached standard and special conditions, for the development described
below:
Description: Construction of a 42 acre community park wjth 11 tennis courts
application of Ci tv of Carlsbad , subject t
3 ballfields, 2 soccer fields, 2 tot-lots, picnic areas, gymnasium, and restrooms, 412 parking spaces, and improvement portion of Hidden Valley Road.
Lot Area Building Coverage Pavement Coverage
Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Ht*'abv fin grade
1,829,520 sq. ft. 20,000 sq. ft. ( 1%)
403,000 sq. ft. (22%) 945,000 sq. ft. (52%) 461,520 sq. ft. (25%) 41 2 Planned Community (PC) Residential Medium (4-8 du/ac)
N.A.
35 feet
Site: East of Paseo Del Norte, north of Camino de las Ondas, south c Palomar Airport Road, Carlsbad, San Diego County. APN
21 4-1 40-1 3, '21 4-1 40-39, 21 4-300-09
The permit will be held in the Sarr Diego District Office of the Commission,
pending fulfillment of Special Conditions 1,2,3.4.5.6 & 7 . When these
conditions have been satisfied, the permit will be issued.
CHARLES OAMH DISTRICT DIRECTOR
BY
MPd
0 e, NOTICE OF INTENT TO ISSZ PERMIT NO. 6-92-182 Page 2 of 6
v
STANDARD CONDITIONS:
1, Notice of Receipt and Acknowledqement. The permit is not valid and
development shall not commence until a COPY Of the permit, signed by tl permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Conmission office.
2. Expiration. If development has not comenced, the permit will expire 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 mu be made prior to the expiration date.
3, Compliance. All development mu,st occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans mu be reviewed and approved by the staff and may require Comission appro
4. InterDretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission
5. Inspections. The Commission staff shall be allowed to inspect the Sit
and the development during construction, subject to 24-hour advance no
6. Assiqnment. The permit may be assigned to any qualified person, provi assignee files with the Commission an affidavit accepting all terms ar conditions of the permit.
*.
7. Terms and Conditions Run with the Land. These terms and conditions st be perpetual, and it is the intention of the Comission and the permit to bind all future owners and possessors of the subject property to tt
terms and conditions.
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Revised Plans. Prior to the issuance of the coastal development Demit. the aDDliCant shall submit to the Executive Director for review ar
written approval, revised s’lte 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 p
dated 10/23/92;
w e
NOTICE OF INTENT TO ISYUE PERMIT NO, 6-92-182 Page 3 of 6
SPECIAL CONDITIONS, continued:
b. No grading or disturbance shall be permitted within the 25 foot buf which shall be revegetated upon completion of grading, pursuant to Spec 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 op
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 pla to the Executive Director for review and written approval in consultation w
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 man:
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. If no nests are found, grading of the manufactured slope may 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 Restriction.. Prior to the issuance of the coastal
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 a
development permit, the applicant shall record a restriction against the
.- 1
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-92-182 Page 4. of 6
1
SPECIAL CONOITIONS, 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.shal1 also be included as open space, although the pedestrian trail an 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. Landscaoinq/Reveqetation and Enhancement Plan. Prior to the iSSUanc of the coastal development permit, the applicant shall submit a final landscape and revegetation plan indicating the type, size, extent and locat.
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 floodplail areas and their buffer areas and these areas shall be subsequently
enhanced with appropriate native species approved in consultation with 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.
C. A detailed interpretive signage plan documenting plant, animal, X environmental conditions of the on-site resources to facilitate and
enhance public use of the park. Said interpretive signage shall be pla
along the City-wide trail at 500 foot intervals on-site. Said plan Shi
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 accesswa'
and sewer line construction shall be revegetated with coastal sage scr
species over the western slope and riparian species in the floodplain.
e. The maintenance and monitoring provisions of the submitted mitiga plan are incorporated into the project.
- - w
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
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 Apr 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 rai
season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and si traps shall be utilized in conjunction with plantings to mintrnize 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 specie: compatible with surrounding native vegetation, subject to Executive Director approval.
6. Drainagei.Runoff 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 design1
. 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-ye,
&requency storm over a six-hour duration (10 year, 6 hour rainstorm).. Runofr
Dntrol shall be accomplished by such means as on-site detention/desilting
Asin(s). Energy dissipating measures at the termtnus of outflow drains shal
,e constructed. The runoff control plan including supporting calculations
jhall be submitted to and determined adequate in writing by the Executive Director.
7. Final Plans/Pedestrian Accessway and Bridqe/Sewer Line. Prior to tht issuance of a coastal development permit, the applicant shall submit final
pedestrian accessway and bridge plans and sewer plans, approved by the City (
’ Carlsbad. The plans shall include the following:
0- e L
NOTICE OF INTENT TO ISSUE 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. Tempora 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)
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EXHIBIT C
[30106. Development]
"Development" means, on land, in or under water, the placement or ereci of any solid material or structure: discharqe or disposal af 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 66 of the Government Code), and any other division of land, including lot spli except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; chang 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 tk removal of harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which are in accordance wi a timber harvesting plan submitted pursuant to the provisions o'f 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, ? building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, anc electrical power transmission and distribution line.
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EXHIBIT "B"
PARCEL "A" - POINSETTIA PARK BOUNDARY
THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THEREOF AND LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE
DESCRIBED AS FOLLOWS:
-,
BEGINNING AT THE SOUTH RUARTER CORNER OF SECT I ON 21 AS SHOWN ON
R.O.S. 9812, RECORDED OCTOBER 18, 1984, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG 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, O.R.) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID NORTH-SOUTH CENTERLINE, NORTH 00'42'11" EAST 1117.81
FEET TO THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, AS ESTABLISHED
SOUTHERLY LINE, NORTH 89'27'10" WEST 1847.91 FEET TO THE NORTHWEST
CORNER OF SAID LOT 8 OF SAID TRACT NO. 72-23, MAP NO. 7683; THENCE
'. .
.\ BY DECREE UNDER SUPERIOR COURT CASE NO. 16820; THENCE ALONG SAID
ALONG THE WESTERLY LINE OF SAID LOT 8; SOUTH 24"02'01" EAST 358.23
FEET (RECORD SOUTH 24"01'34" 357.96 FEET PER.SAID MAP 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
NO. 7683; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, SOUTH
26"55'37" EAST 781.38 FEET TO THE BEGINNING OF A TANGENT 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
CARSLBAD, RECORDED NOVEMBER 11, 1976 AS FILE NO. 76-386552, OR.;
THENCE ALONG THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN SAID
DEED, SOUTH 89.27' 37" EAST (RECORD SOUTH 89'27' 10" EAST PER SAID
DEED) 122.00 FEET TO THE EASTERLY LINE OF SAID LAND DESCRIBED IN
SAID DEED; THENCE ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN
DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP
SAID DEED, NORTH 00'332'23'' EAST (RECORD NORTH 0O0332'50" PER SAID DEED) 344.45 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF PFtRCEL MAP
NO. 6136; THENCE LEAVING SAID EASTERLY LINE OF SAID LAND DESCRIBED
IN SAID DEED, ALONG THE NORTHERLY LINE OF SAID PARCEL 2 OF SAID
PARCEL MAP NO. 6136, SOUTH 89"27' 37" EAST 1167.61 FEET (RECORD
OF BEGINNING.
SAID PARCEL "A" CONTAINS 42.009 ACRES MORE OR LESS
SOUTH 89040'20" 1168.86 PER PARCEL rw NO. 6136) TO THE TRUE POINT
PARCEL "E" - DEED RESTRICTION AREA
BEGINNING AT THE SOUTH QUARTER CORNER OF SECT ION 21 AS SHOWN ON
R.O. S. 9812, RECORDED OCTOBER 18, 1984, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH-SOUTH
CENTERLINE OF SAID SECTION 21, NORTH OO"42'11" EAST 1124.13 FEET
(RECORD NORTH 00'00'24" EAST PER DEED RECORDED 01-03-79 AS FILE NO.
79-001774, O.R. ) TO THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP
NO. 6136 RECORDED JULY 6, 1977, O.R.; THENCE ALONG THE NORTHERLY
LINE OF SAID PARCEL 2, NORTH 89'27'37" WEST 1056.52 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH
lZ"05'27" WEST 37.43 FEET TO THE BEGINNING OF A NON-TANGENT 40.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'18'16" A
DISTANCE OF 30.93 FEET; THENCE NORTH OO"44'09" EAST 41.91 FEET TO
THE BEGINNING OF 4 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 82'52'10" A DISTANCE OF 14.4b FEET; THENCE NORTH OO"43'39" EAST
18.41 FEET; THENCE NORTH 03'30'32" EAST 89.02 FEET TO THE
A RADIAL LINE TO SAID POINT BEARS NORTH 89°15'51" WEST; THENCE
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(CONT. )
BEGINNING OF A NON-TANGENT 119.77
SOUTHWESTERLY, A RADIAL LINE TO SAID
EAST; THENCE NORTHWESTERLY ALONG THE
FOOT RADIUS CURVE CONCOVE
POINT BEARS, SUUTH 83'40'56"
ARC OF SA1 D CURVE THROUGH A
CENTRAL ANGLE OF 37'339'35" A DISTANCE OF 78.72 FEET TO THE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58O39'29"
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 115.08 FEET; THENCE NORTH
95"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 ~5~23'1~1~~ 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
195.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79"28' 00" A DI STANCE OF
256.59 FEET TO THE BEGINNING OF A NON-TANGENT 127.23 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SA1 D POINT BEARS
NORTH 50"09'33" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURE THROUGH A CENTRAL ANGLE OF 45'17'54 A DISTANCE OF 100.59 FEET;
THENCE NORTH 0Oe4i'44" EAST 7.42 FEET; THENCE NORTH 34.49'02" EAST
17.93 FEET TO THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, AS
ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16820; THENCE
ALONG SAID SOUTHERLY LINE, NORTH 89'27'10" WEST 561.60 FEET THE
7683; THENCE ALONG THE WESTERLY LINE OF SAID LOT 8; SOUTH 24"02' 01"
EAST 358.23 FEET (RECORD SOUTH 24"01'34" 357.96 FEET PER SAID MAP
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 NAP NO. 7683; THENCE ALONG SA1 D 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.
76-386552, OR.; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND
DESCRIBED IN SAID DEED, SOUTH 89'27'37" EAST (RECORD SOUTH
89"27'10" EAST PER SAID DEED) 122.00 FEET TO THE EASTERLY LINE OF
SAID LAND DESCRIBED IN SAID DEED; THENCE ALONG SAID EASTERLY LINE,
NORTH 00'32'23" EAST (RECORD NORTH 00'32'50" PER SAID DEED) 344.45
FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL NAP NO. 6136;
THENCE LEAVING SAID EASTERLY LINE OF SAID LAND DESCRIBED IN SAID
BEGINNING OF A REVERSE 410 .OO FOOT RADIUS CURVE CONCAVE
POINT BEARS, NORTH 48O54.43" EAST; THENCE NORTHERLY ALONG THE ARC
NORTHWEST CORNER OF LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO.
NO. 7683) ; THENCE SOUTH 63-04.23" WEST 30.00 FEET (RECORD SOUTH
DEED, ALONG THE NORTHERLY LINE OF WID PARCEL 2 OF 541 D PFlACEL MRP
NO. 6136, SOUT+9" 89'27'37" EAST (RECORD SOUTH 89"40'20" EAST PER
PARCEL MAP NO. 6136) 111.09 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL "E" CONTAINS 10.565 ACRES MORE OR LESS.
THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A COMBINAT I O'N OF
RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED
PARCELS OF LAND.
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PARCEL 2 P,M. 0130
N84'27'37.W
@ INDICATES 25'sEww A19 WATW EA-
@ INDICATES - EA-
@ INDICATES ACCESS -
\ PAOMAR AIRPCQT ROW
CaMlNO DE US OWAS CROSBY MEAD BENTON C ASSOC. VICINITY MAP w.m e cum REAL sum POO CARUBAD, CL omoa " - KPrWsm - SRVrlm
(01s) ed-UlO NOT TO SCALE
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