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HomeMy WebLinkAbout1993-11-16; City Council; 12471; APPROVAL OF GRANT DEED CONVEYING WATER-SEWER-ACCESS EASEMENTS TO CMWD ACROSS A PORTION OF PARK SITE IN POINSETTIA COMMUNITY PARK, CMWD 92-601r I Q 9 0 QZ $5?, % .. z 0 4 E 5 z 3 0 0 WY UP LAHLSUAU - AGjltWA UlLL +5 DEP CIT’r AB#- TITLE: APPROVAL OF GRANT DEED CONVEYING MTQ.11/16/93 WATER/SEWER/ACCESS EASEMENTS TO CMWD DEPT. POINSETTIA COMMTJNITY PARK, CMWD 92-601 ClTl MP ACROSS A PORTION OF PARK SITE IN RECOM MENDED ACTION: Adopt Resolution No. q?!-.3/% for approval of Grant Deed co water/sewer/access easements to Carlsbad Municipal Water D across a portion of park site in Poinsettia Community Par1 Project No. 92-601. ITEM EXPLANATION: The Carlsbad Municipal Water District is requiring easement: future sewer lift station, access road, and sewer lines to se park and properties bordering the park. The contours of the d basin cause the sewer flows to flow towards the west border park. Building a lift station in this location will elimin future lift stations saving future maintenance costs. The City engineering staff has prepared the easement descriptic District prepared the Grant Deed, and both the City and the D concur with its intended purposes. FISCAL IMPACT: None. EXHIBITS : 1. Location Map. 2. A Grant Deed conveying water/sewer/access easements Carlsbad Municipal Water District dated November 22 across a portion of park site in Poinsettia Community Par Project No. 92-601. 3. Resolution NO. 99- 3 1% for approval of Grant Deed cc water/sewer/access easements to Carlsbad Municipal District across a portion of park site in Poinsettia Cc Park, CMWD Project No. 92-601. CMWD 92-601 1 A II A October 12, 1994 California Coastal Commission 45 Fremont, Suite 2000 San Francisco, CA 94105-2219 Attn: Deborah Bove, Legal Assistant RE: OPEN SPACE DEED RESTRICTION FOR POINSETTIA COMMUNITY PARK - (COASTAL DEVELOPMENT PERMIT NO. 6-92-182) Enclosed as you requested during our telephone conversation of October 7, 1994, is the original recorded Deed Restriction for Poinsettia Community Park. Sorry for the inconvenience, however , we followed the instructions in your letter of June 8, and provided you a copy of the recorded document. &decMc Assistant Ci Clerk Enc. c: John Cahill 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (61 9) 434-280 4 $ ,, I <I < September 28, 1994 California Coastal Commission 45 Fremont, Suite 2000 San Francisco, CA 94105-2219 Attn: Deborah Bove, Legal Assistant RE: OPEN SPACE DEED RESTRICTION FOR POINSETTIA COMMUNITY PARK - (COABTAL DEVELOPMENT PERMIT NO. 6-92-182) Enclosed per your request is a copy of the Open Space Deed Restriction for Poinsettia Community Park (Coastal Development Permit No. 6-92-1232), which was recorded with the San Diego County Recorder, on August 24, 1994, as Document No. 1994- 0508925. &* Assistant Cit Clerk , L%C Enc c: John Cahill 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 - (61 9) 434-28C C I< .\ COURT PAPER 510 1 I3 IREV STAT. OC CALllO oar 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IRUIA 8.721 a @.. . * . ." j-!!' * " ;J.'p; 'j 17 t-i="-" i a:- - - $+ .": {a - ~ y2 27 i& ;"? d;: 2 : i"rt * bl 7'"' i: :li,-ii :<. i . .: i _1.! 4. 345 RECOROlNG REQUESTEO BY AND RETURN TO: City Clerk, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, Ck 92008 ---..*,, "-.".-.- I, ;alj r.;x-..-. !p!. -,. ; -.-.-.i".-r.-. "-. . ~- .-."L ., ?,t-,'.:$ ,.!. .;i>.::y .">MI f :L.ayY:'!.:..:. ":-;-. -."':i.Ii ;;,;-+= -?'i..t:. .,".-,"FT 1 -2 -... *,.% "_ 'ii& < *~::-?;a.y+ ;!. k 31; .@ y .r- -. . .. ,. - - . . '3 . ". OPEN SPACE DEED RESTRICTION WHEREAS, City of Carlsbad, California, , hereinafter referred to as the "Owner( s) , 'I is/ a- the record owner(s) of the following real property: Poinsettia Communitv Park as described in attached Exhibit D ~~-~-~~~~ ~~ ~ hereinafer referred to as the "Property;" and II. WHEREAS, the California Coastal Commission, hereinafter ref to as the 'Comnission," is acting on behalf of the People of the State of California; and III. WHEREAS, the subject property is located within the coast? zone as defined in section 30103 of Division 20 of the California Public Resources Code, hereinafter referred to as the "California Coastal Act of 1976,' (the Act); and IV. WHEREAS, pursuant to the Act, the Owner applied to the Comnission for a coastal development permit on the Property described above; and V. WHEREAS, coastal development permit number6-92-182 ,herein referred to as t,he "Permit," was granted on February 16 , 19% the Comnission in accordance with the provision of the Staff Recomendat and Findings, attached hereto as Exhibit A and herein incorporated by I' , .. c j 1 2 3 4 5 6 7 0 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 e 346 reference; and VI, WHEREAS, the Permit was subject to the terms and conditions including, but not limited to the following condition(s1: 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 ta liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restricl shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except as herein approved, in the ar shown on the attached Exhibit "3", and generally described as all ripari; and floodplain areas and their buffers required pursuant to Special Con[ #l of this permit, 4.7 acres of coastal sage scrub, and 1 .O acre of mixec chaparral, all as shown on the site plan dated 10/23/92. 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 founh that but for the imposition above condition(s) the proposed development could not be found consis' with the provisions of the California Cloastal Act of 1976 and that a per could therefore not have been granted; and b Vlll. WHEREAS, Owner has elected to comply with the condition( imposed by the Permit and execute this Deed Restriction so as to enabl Owner to undertake the development authorized by the Permit. lI .. -L- I\, 0 0 .. 341 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 COURT PAPER STATE Or CALIFORMI* STD 113 IREV 8.72) 0.C NOW, THEREFORE, in consideration of the granting of the Permit to the Owner by the Comnission the Owner hereby irrevocably covenants with the Comnission that there be and hereby is created the fpl’lowing restrictians a the use and enjoyment of said Property, to be attached to and become a part of the deed to the property. 1, COVENANT, CONDITION AND RLSTRICTIQN, 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 hereto and incorporated herein by reference, shall be limited to natural open spa 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 ,signs, buildings, etc., or NIA shall occur or be allowed on the Protected Land with the exception of the following subject to applicable governmental regulatory requirements: (a) the removal of hazardous substances or conditions or diseased plants or trees; (b) the removal of any vegetation which constitutes or contributes to a fire hazard to residential us of neighboring properties, and which vegetation lies within 100 feet of existing or permitted residential development; (c) the installation or repair of underground utility line -3.- I'I 0 0 .I 348 1 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 3 (d) Other: 2 and septic systems; 6 amendment thereof remains effective, and during the peiiod that the develc 7 ment. authorized by the Permit or any modification of said development, 8 remains in existence in or upon any part of, and thereby confers benefit See Page 4A '- g upon, the Property described herein, and shall bind Owner and all his/her 10 assigns or successors in interest. 11 3. TAXES AND ASSESSMENTS. It is intended that this Deed Restrictic 12 meaning of a) Article XIII, section 8, of the California Constitution; 13 is irrevocable'and shall constitute an enforceable restriction within the 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 constitut 15 and b) section 402.1 of the California Revenue and Taxation Code or succe' 14 19 4. RIGHT OF ENTRY. The Comnission or its agent may enter onto the 20 whether the use restrictions set forth above are being observed. 21 which Property at times reasonably acceptable to the Owner to ascertain 22 5. REHEDIES. Any act, conveyance contract, or authorization by 23 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 01 enforce the terms and conditions of this Deed Resriction. In the event ( 27 and Owner may pursue any and all available legal and/or equitable remedig 26 Restriction will be deemed a violation and a breach hereof. The Commiss' 25 COURT PAPER STATL OC CALICORNIA STD I13 REV 8.721 -4 .- OSC . I\, ., 0 * 349 (d) Construction and revegetation of the manufactured slope pursuant to the approved Landscaping/Revegetation and Enhancement Plan, attached hereto as Exhibit E and incorporated herein by reference; (e) Instal lation of the sewer line as shown on Exhibit B, the pedestrian accessway as shown on Exhibit F and the pedestrian trail and retaining features as permitted on the manufactured slope as shown on Exhibit G, all of which are attached hereto and incorporated herein by reference. -4A- !'I . \' e e 350 1 2 breach, any forbearance on the part of either party to enforce the terms a1 6. SEVERABILITY. If any provision of these restrictions is 4 regarding any subsequent breach. 3 provisions hereof shall not be deemed a waiver of enforcement rights 5 provision shall be thereby affected or impaired. 6 held to be invalid, or for any reason becomes unenforceable, no other 7 8 9 Dated : SEPTEMBER 23 , 19% 10 11 12 13 Mayor SIGNED: SIGNED: (See Page 7 for Coastal CI AUDE A. LEWIS Commission Signature) 14 l5 ALETHA L. RAUTENKRANZ 16 ATTEST : City Clerk 17 18 19 I (NOTARY ON NEXT PAGE) 20 21 22 CAS; 23 24 25 RONALD R. BALL ?/2q93* City Attorney 26 27 // COURT PAPER STD. 113 (REV 8-72, STAT# 01 CALWORNIA OS? II -5- 1.1 ,. 0 @ 35 1 STATE OF CALIFORNIA COUNTY OF - SAN DIEGO 1 2 3 4 5 On September 27, 1993 , before me, Karen R. Kundtz , a Nota public, personally appeared Claude A. Lewis, Mayor ---------- , personal 1 known to me (e~-p~eueB-~e-ae-e~t-hRe-Basis-e-f-salis-fa€~~~eui~s~~e) to be person@)- whose name(+ is/are subscribed to the wi th'in instrument and 6 7 8 9 10 acknowledged to me that he/shefthey executed the same in his/M++te-i? authorized capacity(ies), and that by his/Aer#lM+. signature(5-j on the instrument the person(+), or the entity upon behalf of which the persont, acted, executed the instrument. 11 12 WITNESS my hand and official seal. 14 Signature 13 15 16 17 la 19 2c I I 1 STATE OF CALIFORNIA COUNTY OF - SAN DIEGO On September 27, 1993 , before me, Karen R. Kundtz , a Not Public, personally appeared Aletha L. Rautenkranz, City Clerk , personal known to me (w~-ta-me-an-tke-~~~~~-of-~u~i~fd~~~~~) to bc person&) whose name(+ is/we subscribed to the within instrument and 21 22 23 acknowledged to me that be/she/%bey executed the same in W5/her/t"r authorized capacity( h), and that by k-is/her/+Mlc signature(+ on the instrument the person(+, or the entity upon behalf of which the persont' acted, executed the instrument. 24 25 26 WITNESS my hand and official seal. /I 27 Signature COURT PAPER STATE 01 C1~110lMlA ST0 113 (REV 0.721 0.C II -C, ,*I /I 0 @5 2 I/ 1 hereby acknowledged by the undersigned officer on behalf of the California ‘2 This is to certify that the Open Space Deed Restriction set forth above is 3 Coastal Commission pursuant to authority conferred by the California Coast( 4 5 6 7 8 9 10 11 12 13 14 IlComnission when it granted Coastal Development Permit No. 6-92-182 I1 on February 16, 1993 and the California Coastal Comnission consents llrecordation thereof by its duly authorized officer. ll Dated : I- I, 9Y.Y Bowers, Staff Counsel ii STATE OF CALIFORNIA l5 , before me, Deborah L. Bove , a Nota 16 1 ::lJNTY, OF iTqFTYTCO l7 known to me (or proved to me on the basis of satisfactory evidence) to be le Public, personal ly .. appeared John Bowers , personal I.9 the person( s) whose name( s) is/are subscribed to the within instrument an 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 :;I 22 acted, executed the instrument. 23 ! instrument the person(s) , or the entity upon behalf of which the person( 5 1 24 I 25 1 26 1 2, 1 Signature ’ WITNESS my hand and official seal. DEBORAH L. BOE NOTARY PuBi-CCALtFoRwA CITIElcwNTYOF SAN FRANClsCO mrnissin Expires Octcber 4, I 4U”Z&d I COURT PAPER STD 113 REV a.721 STATE 01 CALIPORNIA ! ~ OSP il -7 - rr, EXHIBIT A 95 3 .. STAYE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, G CALIFORNIA C9ASTAL COMMISSION SAY DIEGO COAST AREA 'Filed: 31 11 CAMINO ML RIO NORTH, SUITE 200 SAN DIEGO. CA 92108-1725 11 /30/92 4 49th Day: Wa i ved 180th Day: 5/29/93 Staff: WNP-SD Staff Report: 2/04/92 Hearing Date: 2/16-19/93 (619) 521-8036 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 courts, 3 ballfields, 2 soccer fields, Z.tot-lots, picnic areas, gymnasium, and restrooms, 412 parking spaces, and improvement of 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 P1.anned 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 of Palomar Airport Road, Carlsbad, San Diego County. APN 21 4-1 40-1 3, 21 4-1 40-39, 21 4-300-09 STAFF NOTES: Summary of Staff's Preliminary Recommendation: Staff is recommending approval of the proposed project subject to special conditions requiring a project redesign to reduce the proposed fill located in riparian and floodplain buffers; a Califohia Gnatcatcher protection plan; a landscaping/revegetation and enhancement plan for the entire western portion of the site; a deed restriction placing all riparian, floodplain and naturally vegetated areas and their buffers in permanent open space; grading and erosion control plans; and drainage plans. ~~ ~~ Substantive File Documents: Certified City of Carlsbad Mello I1 Segment LCP: City of Carlsbad Negative Declaration EIA-92-06, Biological Survey (May 1992). ::&<luilCjlON ."iCTiijN QN - FEB 18 1993 r'ip3:oved t~ p.ecJommended ,\;.;lied a8 3ieccrmm3ndc-j I'. ,> r? .- n2 v e ci w i t h C h (t 11 c-; c s t I,, e 6-92- % 354 Page 2 PRELIMINARY STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. ADDrOVal with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. SDecial Conditions. The permit is subject to the following conditions: 1. Revised Plans. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, revised site and grading plans approved by the City of Carlsbad which shall incorporate the following: a. A minimum 25 foot buffer will be provided between the fill slope associated with the western project boundary and any riparian or floodplain (vegetated and non-vegetated) areas as shown on the site plan dated 10/23/92; b. No grading or disturbance shall be permitted withln the 25 foot buffe which shall be revegetated upon completion of grading, pursuant to Specia Conditlon #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 he revegetated with coastal sage scrub species and retained in open space, and the pedestrian access trail. 2. California Gnatcatcher. Prior to the issuance of the coastal developmxt permit, the applicant shall submit a gnatcatcher protection plan to the Executive Director for review and written approval in consultation wit 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 mny nests lor birds were sighted; b. The plan shall include, at a minimum, staking of 100 foot buffer zones 'around any nesting sites found on-site; 1'1 0 0 355 6-92-1 82 Page 3 c. No grading or construction associated with the sewer line or pedestrian accessway shall occur during the nesting season; d.' If nests a-re 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 development permit, the applicant shall record a restriction against the subject property, free of all prior 1 iens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except as herein approved, in the area shown on the attached Exhibit "3", and generally described as all riparian and floodplain areas and their buffers required pursuant to Special Condition #l of this permit, 4.7 acres of coastal sage scrub, and 1.0 acre of mixed chaparral, all as shown on the site plan dated 10/23/92. The manufactured slope shall also be included as open space, although the pedestrian trail and retaining features are permitted on the slope. The pedestrian accessway and sewer line are also permitted within the open space area. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Oirector. 4. Landscapinq/Revesetation and Enhancement Plan. Prior to the .issuance of the coastal development permit, the applicant shall submit a final landscape and revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. In addition, said plans shall indicate the following: a. Exotic vegetation shall be removed from the riparian and floodplain areas and their buffer areas and these areas shall be subsequently enhanced with appropriate native species approved in'consultation with the Department of Fish and Game. b. The remaining park area shall be landscaped with drought-resistant, native or naturalizing vegetation, with the exception of the playing fields, to avoid use of any species which is incompatible with the adjacent enhanced resource area. 1'1 e 356 6-92-1 82 Page 4 c. A detailed interpretive signage plan documenting plant, animal, and environmental conditions of the on-site resources to facilitate and enhance public use of the park. Said interpretive signage shall be placet along the City-wide trail at 500 foot intervals on-site. Said plan shall be submitted to, reviewed by and approved in writing by the Executive Director in consultation with the Department of Fish and Game. d. The construction corridor associated with the pedestrian accessway and sewer line construction shall be revegetated with coastal sage scrub species over the western slope and riparian species in the floodplain. e. The maintenance and monitoring provisions of the submitted mitigatlo plan are incorporated into the project. 5. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved b 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 Apri 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 gradfnq activities c. All areas disturbed, but not completed, during the construction season, including graded pads, shall be stabllized In advance of the rail 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 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 vegetatlon of specie< compatible with surroundlng native vegetation, subject to Executive Director approval. 6. Drainage/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 design by a licensed engineer qualified .in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a PefUlt Of a ten-ye frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runof control shall be accomplished by such means as on-site detention/desilting basin(s). Energy dissipating measures at the terminus of outflow drains sha be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. ,’, e 6-92-1 82 . 357 page 5 7. Final Plans/Pedestrian Accessway and Bridqe/Sewer Line. Prior to the issuance of a coastal development permit, the applicant shall submit final pedestrian accessway and bridge plans and sewer plans, approved by the City of Carlsbad. The plans shall include the following: a. The construction corridor associated with the pedestrian access system and sewer construction shall be limited to 10 feet wide. Temporary fencing defining the limits of the construction corridor shall be installed prior to commencement of construction to avoid impacts. b. The location of staging areas associated with the pedestrian access system and sewer construction work. Access corridors and staging areas shall not be allowed to occur outside the construction corridor. c. No disturbance to riparian vegetation in the floodplain. d. Approval in writing by the Department of Fish and Game. IV. Findinqs and Declarations. The Comnission finds and declares as follows: 1. Detailed Project DeSCriDtiOn. The City of Carlsbad is proposing to develop a 42 acre comnunity park. The community park would contain the following recreational facilities and uses: a 22,500 sq.ft. gymnasium/comnunity center building (35 ft. high) with basketball court, lobby, offices and reception area, lockers, multi-purpose classrooms, restrooms, kitchen, and storage; tennis complex with a 3,000 sq.ft. clubhouse, lighted tournament center court with seating for 200 spectators; 10 tennis courts wlth lights; 1 baseball field (400 ft.) with 200 seat bleachers; 2 baseball/softball fields with 100 seat bleachers (all three fields are basketball courts with lights; 7 sand volleyball court; 2 covered picnic shelters (30 X 50 ft.), 15 picnic tables, and 2 horseshoe pits; 3 tot lots for .children; batting cages, golf tee-off cages, 800 sq.ft. maintenance and storage facility; 450 sq.ft. snack bar with restroon; 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 imdiately east of Paseo Del Norte and just north of Camino De Las Ondas in the southern portion of the Clty of Carlsbad. Urban development lies to the west and vacant property to the north, east, and south. ,These undeveloped properties are planned for medium to high density residential use. From the eastern property line the site is comprised of flat agricultural land in varying stages of production which slopes gently downward to the west into a drainage area containing two areas of riparian habitat and weedy floodplain, and then onto native coastal sage-covered slopes which climb steeply up to lighted); 1 adult soccer field (225 X 360 ft,) with lights; 4 - half court l', e 0 358 - 6-92-1 82 Page €) 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 has 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, 4.7 acres of coastal sage scrub, 3.1 acres of disturbed coastal sage scrub, and 1.0 acre of mixed chaparral) comprises the western margin of the site; two California gnatcatchers have been sighted in this 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 north along the park's eastern property line. Hidden Valley Road (proposed width at 48 ft., right-of-way at 68 ft.) is a circulation element road in the City of Carlsbad. Its approximately 2,300 lineal foot long construction requires 37,000 cubic yards of cut, 11,500 cubic yards of fill with 25,500 cubic yards roads are exempt from the steep slope policies of the certified Hello I1 LCP. 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 thl steep western slope of the property via an elevated stairway constructed on 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 construction of Hidden Valley Road will be exported to the park site. A temporary sewer line is proposed to be trenched down the steep coastal sage covered slopes from Paseo Del Norte and across the floodplain connecting with a pump station located on the park site pad. Sewage generated by the proposec restroams located at various points on the property would be directed to the pump station where sewage would be pumped back up the slope to the existing sewer line in Paseo Del Norte. Upon completion of the gymnasium/comnunity center, sewage is proposed to be directed off-site north towards Palomar Airport Road provided the.sewtr line has been constructed by adjacent residential developments between the project site and Palomar Airport Road. The eastern portion of the project site is planned for residential uses (Residential Medium (4-8 du/ac) and zoned Planned Community (PC) in the City of Carlsbad's certified Local Coastal Program (LCP). The western portion is designated open space (OS). Policy 6-1 of the certified Mello I1 LCP states that Altimira Park will be a recreational priority of the City. The site is located in the Coastal Resource Protection Overlay Zone and the Coastal Agricultural Overlay Zone of the certified Mello I1 LCP. to be exported to the park site, Under the LCP policies, circulation element ,'a 0 c 359 6-92-1 82 Page 7 The project is designed for three phases. The first phase would include the construction of vehicular access (Hidden Valley Road) to the site, mass grading, and construction of the active sports fields, picnic areas, restrooms, maintenance and storage facilities, parking lots, sewer line (extending no further than northern property line), pedestrian access, and a portion of the tennis center. The second phase would consist of the balance of the tennis center and any remaining sport facilities not completed under phase one. The third phase would include the construction of the gymnasium/comnunity center and the hook-up of the park to the gravity sewer system leading to Palomar Airport Road (if the sewer line has been constructed by adjacent residential developments). Any off-site sewer line construction would require an amendment to this permit or a new coastal development permit. 2. Sensitive Habitat Areas. Section 30231 of the Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained' and, where feasible, restored through, among other means ... controlling runoff .... Section 30240 of the Coastal Act states: (a) Environmentally 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 shall 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 and streams shall incorporate the best mitigation measures feasible, and be limlted to (1) necessary water supply projects, (2) f load control projects where no other method of protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development, or (3) developments where the primary function is the improvement of fish and wildlife habitat. A. California Gnatcatcher The biology report identifies 12 acres of environmentally-sensitive lands within the 42 acre project site. These lands comprise five different plant comnunities: 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 success in re-establishing habitat areas of comparable diversity and quality is not guaranteed. 1.1 m a 6-92-182 360 Page 8 The California gnatcatcher is a permanent resident of the sage scrub community, a unique and diverse vegetation type that many experts consider to be one of the most endangered habitats in the continental United States. In recent years, decline of California gnatcatcher populations which rely on specie's candidate status on the Federal endangered specles list, and to an increasing concern over the retention of large, contiguous naturally-vegetate( areas. Two California gnatcatchers have been sighted in the Diegan coastal sage scrub and southern m,ixed chaparral dominated steep slopes on the western margins of the property (near Paseo del Norte) in the vicinity of the proposec pedestrian accessway. Project implementation would result in a total loss of approximately 3.1 acre of disturbed coastal sage scrub vegetation, immediately east of the narth/south drainage and the *cited* gnatcatcher habitat in the northwest portion of the site. This vegetation would be removed to accommodate the construction of a soccer field and enclosed soccer field. The biology report identifies this area as poor quality habitat, dominated by pampas grass and weeds, and cites that it is not expected that the gnatcatchers use this habitat to a significant degree. The report states that the birds limit thei use of the site to the 4.7 acres of coastal sage scrub in the site's extreme western portion. As such, the Comission can accept the proposed elimination of 3.1 acres of disturbed habitat, recognizing the project proposes to replace this area with a manufactured fill slope. The slope will be revegetated to provide coastal sage scrub habitat suitable for gnatcatcher use. The Commission finds, in this particular case, that removal of the disturbed vegetation, to be replacc with the revegetated slope as mitigation for its loss, will not result in adverse impacts on gnatcatcher species. Section 30240 of the Coastal Act states that new development must be sited ar designed to prevent impacts to sensitive habitat areas and shall be compatibi with the continuance of such habitat areas. Based on the gnatcatcher sightings on the western portion of the site, the Comission finds a gnatcatcher protection plan must be submitted. Special Condition X2 details the mkthods for protecting against California gnatcatcher impacts. The condition requires that a gnatcatcher protection plan be prepared with a number of provisions. Prlor 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 identlfy any nests bf 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 g.rading or construction associated with the sewe line or pedestrian accessway is permitted during the nesting season. The PI, will include, at a minimum, staking of 100 foot buffer zones around any identified nesting sites. If no nests are found, grading of the manufacture1 slope may be permitted. natural coastal sage scrub vegetation once common to the area have led to thi! ,', , e 0 6-92-1 82 361 Page 9 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 on the property. The City's lighting plan indicates that field lights are designed to reduce spillage and glare and would be directed down and away from adjoining properties, that light fixtures would be computer-aimed and equipped with reflectors to ensure that light spill and glare onto adjacent property is minimized, that low pressure sodium lights would be utilized to light parking areas, plazas, and walkways and that lights are conditioned to be turned off each evening by 1O:OO PM. Therefore, the Commission finds that this portion of the project can be found consistent with Chapter 3 resource protection policies of the Coastal Act and similar policies contained within the certified Mello I1 LCP. 8, Wet land Resources/Buf f ere 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. The site also contains floodplain, sandy wash areas, which, although presently vegetated with weedy species of no habitat value, could support riparian or freshwater marsh 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) impacts occur to these rapidly diminishing habitats. A manufactured fill slope, associated with the western limit of development of 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 well as provide a buffer to the natural vegetation to the west. Varying in height from 30 to 70 feet, the buffer slope itself 4s approximately two acres. The City has proposed to landscape this slope with native coastal sage scrub as mittgation for adverse impacts to coastal sage scrub assoclated with construction of the pedestrian accessway and as part of an enhancement program to restore the western portion of the project site. Although no planting plans have been submitted, the report states that riparian trees would be planted along the base of the slope near the drainage'to provide a full corridor of native habitat along the western portion of the site. As noted, this fill slope runs the entire length of the western portion of the property. There is no virtually no setback proposed between the toe of this slope and the sandy wash floodQlain. While currently vegetated with weeds, floodplains are areas that are periodically flooded by water and thus can support riparian and freshwater marsh speci'es. Therefore, floodplains have habitat value and are a coastal resource. In response to staff concerns regarding the floodplain issue, the City has agreed to redesign the project to eliminate grading within 25 feet of the 1-1 0 0 6-92-1 82 362 page 10 floodplain. With this change, the fill slope, pedestrian trail, and other retaining features will be setback at least 25 feet from the floodplain. Therefore, the active park uses will be located a minimum of 50 feet from the floodplain and at a higher elevation above the fill slope. In addition, the City has agreed to enhance the entire floodplain by removing exotics and othe weedy plants and revegetating {t with native plants compatible with the floodplain location as well as revegetate the fill slope with native vegetation. The fill slope also encroaches to within 50 feet of identified riparian resources on the site. Surrounded by sandy wash floodplain, these two riparian areas are located in the northern and southern portions of the western margin of the site. Although these stands represent sensitive habitat, they are isolated from each other and have been disturbed by migrant encampment. The larger stand is located in the southern portion and includes willows and mulefat. Similar to the above floodplain issue regarding the preservation of sensitive vegetation, the City has agreed to redesign the project to eliminate grading within 25 feet of riparian resources. Again, th fill slope, pedestrian trail, and other retaining features will be setback at least 25 feet from the riparian habitat and these areas will be enhanced by removing exotics and revegetation with native plants compatible with the riparian location. Though the Comnission typically requires a 50 foot setbac from all riparian habitat, in this case, because of the isolated and disturbe nature of the riparian stands and because of the City's extensive enhancement and mitigation plan, the Commission finds that the project can be found consistent with the resource protection policies of the certified Hello I1 LC as redesigned. To memorialize the redesign, SpecSal Condition #I requires that revised plans be submitted which indicate that a minimum 25 foot buffer is retained between all floodplain and riparian areas and the toe of the manufactured slope. Additionally, to memorialize the City's offer regarding the enhancement and restoration of the western portion of the site with native plantings, Special Condition #4 requires submittal of a final landscaping/rev.egetation and enhancement plan for all environmentally-sensitive areas and disturbed areas associated with the project. These plans must indicate that exotic vegetatic shall be removed from the riparian and floodplain areas and their buffer area and these areas shall be subsequently enhanced with appropriate native specic approved in consultation with the Department of Fish and Gam. Additionally a detailed interpretive signage plan shall be submitted documenting plant, enhance public use of the park. Said interpretive signage shall be placed along the City-wide trail at 500 foot intervals on-site. The maintenance anc monitoring provisions contained in the submitted mitigation plan must also bl incorporated into the project, Finally, the remaining park area shall be landscaped with drought-resistant, natioe or naturalizing vegetation to avoic introduction of species which are incompatible with the adjacent natural areas. The enhancement and complete restoration of the environmentally-sensitive lands on this property is consistent with the agricultural conversion policil animal, and envi ranmental condl tions of on-site resources to facilitate and J'P e 0 363 6-92-1 82 page 11 of the Mello I1 LCP. As explained in detail in the following "AgriculturaJ" section of this report, the LCP requires that conversion of agricultural lands to urban uses is permitted only upon adequate mitigation. In this case, the City has not paid.the agricultural conversion mitigation fee as required in the LCP. The Commission can accept this action only if all the environmentally sensitive lands on this site are restored, since one of the purposes of the mitigation monies is to benefit natural resources in the coastal zone in the City of Carlsbad. The Commission finds that restoration of the coastal resources on this site is consistent with that intent. Special Condition #3 requires that on-site coastal resources (i.e., high quality coastal sage scrub and chaparral located on steep, naturally vegetated slopes, and riparian and floodplain areas including their buffers) be placed under an open space deed restriction. This will protect against any inappropriate development of these areas in the future. C. Steep SloDes/Pedestrian Accesswav. As previously stated, the subject site is located in the area subject to the Hello I1 segment of the City of Carlsbad's LCP. Steep slope areas are afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub slopes in the general area. The LCP regulations pertaining to steep slopes as drafted by the City and certified by the Commission seek to protect only those slopes which contain both areas of 25% grade and greater and natural coastal sage scrub/chaparral vegetation. The intent of the LCP policies is to limit the wholesale removal of native vegetation, recontouring of natural landforms and installation of impervious surfaces within naturally vegetated steep slope areas. A detailed slope analysis and biological survey conducted for the site indicates that about 4.7 acres of the site are 25% grade or greater. Of these slopes, a total of about 2.9 acres contain natural vegetation, including Diegan coastal sage scrub and southern mixed chaparral plant communities. As noted, California gnatcatchers have been slted in the Oiegan coastal sage scrub and southern mlxed chaparral dominated steep slopes on the western margins of the property. As proposed, implementation would result in a total loss of approximately 0.04 acres of Diegan coastal sage scrub. Although the provisions of the Mello I1 LCP seqk to maintain the maximum amount of steep, naturally vegetated hillsides, the UP does allow up to 10% encroachment on dual criteria slopes. The encroachment associated with the proposed walkway is less than 10% on dual criteria slopes. Pedestrian access is proposed by the project in two places. First, access to the park is proposed via a walkway at Paseo Del Norte. Second, access through the park is proposed along the top of the fill slope that separates the developable and undevelopable portions of the site as a segment of a City-wide trail system designed to link-up various visitor-destination points throughout the City of Carlsbad. The Paseo del Norte access would be a stairway above naturally vegetated steep slopes and then traverse the floodplain as an unimproved trail until terminating beyond the f i 11 slope at the park uses *<T e 6-92-1 0 82 364 page 12 (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 para1 le1 the accessway; all work would be done within a 10 foot-wide construction corridor. As noted, the City has proposed the buffer $?ape be planted with coastal sage scrub as part of its restoration and enhancement of the western margin of the site. Before this offer, the City had required this slope be planted with .08 acres of coastal sage chaparral a mitigation for the 0.04 acres of coastal sage scrub impact for the pedestrian accessway. No direct impacts to significant coastal resources are proposed from the City wide trail system, although a portion of its southern alignment is proposed within 50 feet of riparian resources. In past actions, the Commission has allowed minimal public improvements (e.g. pathways, fencing and interpretive signs). necessary for passive recreational uses to occur within riparian buffe areas, provided that they were confined to the upper part of the buffer. In this case the Cmission finds that the City-wide trail system is acceptable on the enhanced fill slope which is permitted to encroach into the buffer, provided that the floodplain and riparian buffers which are provided are landscaped. with native plants representative of these habitats as mitigation, sensitivity of the on-site resources to the visiting public. With the exception of its southern allgnment, which traverses the face of the manufactured slope that separates the property into developable and undevelopable areas, the City-wide trail is located imnediately adjacent to the top of the fill slope. The certified Hello I1 LCP requires that impacts to naturally vegetated steep slopes (25% grade or more) be avoided with some exceptions. Pedestrian acces alternatives from Paseo Del Norte to the active. park uses were analyzed; each alternative was found to be more disruptive than the proposed route. The analysis found that any route besides the proposed walkway would not follow the existing disturbed area for the laying of the force main, that several other existing informal paths from Paseo Del Norte to the park uses have not been engineered to accomnodate safety and erosion issues, and that other alternatives would involve a longer linear length than the proposed pathway because they would have to switch back and forth to maintain an acceptable slope. Besides disturbing sensitive vegetation, an alternative trail alignment would require additional grading, potentially creating additional. erosion. A longer alignment may also encroach into the riparian habitat on-s i 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 lossu 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 along the western project boundary and the various recreational facilities planned on-s i te . and signage is installed as an interpretive function to identify the 1.1 Q 0 6-92-1 82 page 13 365 The preliminary pedestrian accessway plans indicate that the pedestrian walkway would be elevated above the floodplain on piers to avoid impacts to the enhanced floodplain. The applicant indicates that the walkway construction would precede the enhancement of the floodplain so no post construction impacts to the enhanced floodplain are anticipated. However, because review by DFG under Section 1601 of its Streambed Alteration regulations may be required, for the bridge and the proposed sewer line, the Commission finds that these plans must be reviewed and approved by the OFG, who will review for impacts to wetland vegetation and impacts to the gnatcatcher. If DFG determines that a Streambed Alteration Agreement is necessary, which requires modification to the design and alignment of the t walkway and sewer as proposed, an amendment to this permit may be required. Based on the preceding, the Comnission can approve the walkway at this time with Special Condition #7 which requires flnal construction plans. NO impacts to coastal sage scrub outs'ide the 10 foot wide construction corridor or disturbance to existing riparian vegetation shall be permitted. Additionally, the Commission notes that all disturbance associated with the project will be mitigated by the complete restoration of the western portion of this site with native vegetation, including those impacts associated with the pedestrian walkway system and sewer line from Paseo Del Norte. 0. Grading and Erosion Control. Regarding the remainder. of the project (30 acres), the Comnission notes that no significant impacts to coastal resources are proposed'as most of this area is unfarmed agricultural lands. The approximately 220,000 cubic yards of balanced grading would result in fill and cut slopes to 15 feet high. The grading of the property, however, has the potential to indirectly impact the sensitive on-site resources. Special Condttians 85 and #6 requlre the submittal of detailed gradlng, drainage, and erosion control plans designed to avoid erosion and subsequent sedimentatton impacts to the sensitive resources associated with drainage from the developed site. In addition, the condition prohibits grading during the winter months, when rain and resulting erosion is most likely to occur. Special Condition #6 requires final drainage plans designed to assure no increase in the peak rate of runoff associated with the developed site when compared to undeveloped condltions. This requirement is consistent with the language contained in the Carlsbad LCP and past Comission precedent. In sumry, proposed intrusions into protected areas are identified and prohibited under the terns of Special Condition #l. 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 Comnission finds that the subject development, as conditioned, is consistent with Sections 30236, 30240 and 30253 of the Act. 3. Aqriculture. The project site supports agricultural uses and is located in the Coastal Agricultural Overlay Zone. The Hello 11 LCP requires v I\, I * 0 6-92-1 82 366 page 14 mitigation when non-prime coastal agricultural land is converted to urban land uses. Sections 30241 and 30242 of the Coastal Act concern the protection of agricultural lands. In 1981, when the Carlsbad Hello I1 LCP segment was certified by the Comnission, the two major concerns were preservation of agricultural uses and protection of environmental7y sensitive habitats. Regarding agricultural preservation, a major issue was minimizing agricultural versus urban impacts by developing stable urban/agricultural boundaries. For the most part, the certified LCP accomplished this objective by concentrating development along 1-5, Palomar Airport Road, and the El Camino Real transportation corridors and preserving the interior areas, where public infrastructure is lacking, for continued agricultural use. Prior to major amendments to the LCP certified by the Commission in 1985, the majority of the subject site (APN 214-140-13, approximately 30 acres) was identified in the LCP as being subject to the agricultural subsidy program, where agricultural lands were subsidized in order for them to continue as such. However, major amendments to the LCP certified by the Comnission in 1985 significantly changed the policies of the LCP regarding agricultural preservation. Those amendments essentially allowed fer conversion Of almost all the agriculturally designated lands within the City's Mello I and Mello I1 segments. The LCP provides three mitigation options for such conversions for 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 agricultural use based on area-wide, rather than site-specific studies of agricultural feasibility. The second option is participation in a mitigation program designed to preserve off-site prime agricultural lands elsewhere in the coastal zone. The third option for conversion is the payment of an agricultura7 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. The implementing ordinances of the LCP, as modified in 1985, contain the identified agricultural lands for which conversion requirements would be applicable were included in a Coastal Agriculture (C-A) Overlay Zone. Under the provisions of the C-A zone, the timing of the mitigation required varies depending on which of the three options of the LCP's conversion policies was chosen. Under the last option, payment of a mitigation fee, the mitigation requiremen is triggered at the time that a coastal development penit for 'urban development' is considered. Specifically, subsectlon 21.070-c calls for such fees to be paid "prior to the issuance of building permits for the project". As noted, the subject property is located in the C-A zone and is, thus, subject to the requirements of the LCP regarding agricultural lands. The proposed park use clearly constitutes an urban conversion. The City has not paid nor is proposing to pay an agricultural conversion fee. specific requirements for implementing the three options of the LCP. The ' :, v e 0 6-92-1 82 page 15 367 The potential fee is paid for every acre converted to urban land uses and the funds are used in the following priorities to: (1) restore natural resources and wildlife habitat in Batiquitos Lagoon; (2) develop an interpretive center at Buena Vista Lagoon; (3) restore beaches managed for public use in the City of Carlsbad Coastal Zone; (4) develop projects benefiting natural resources in the coastal zone in the City of Carlsbad that is provided for in the local coastal program of the City of Carlsbad. The first two priorities have been community park would provide public access to high quality recreational passive and active uses, and protected natural open space within the coastal zone. The City found that the development of the pub1 ic park and protection of open space is in keeping with the coastal resource enhancement priorities of mitigation option #4. The City found that the park would offset or mitigate the loss of non-prime agricultural land by providing greater public access to recreational and natural open space resources and, therefore, was consistent and in compliance with the Mello I1 LCP agricultural mitigation requirements. However, the Conmission notes that the fee was not paid and the City liberally interpreted its compliance with mitigation option #4. The Comnission can support the City's finding only if the environmentally-sensitive lands on this site are preserved, restored and enhanced in conformance with the applicant's mitigation program and as conditioned in this staff report. Therefore, only as conditioned to require a redesign to avoid disruption of the remaining natural areas on the site, their restoration and enhancement and preservation as permanent open space, with a natural resource interpretive function for park users, can the Comnission 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 UP. completed and the City bas determined that the devel'opment of a 42 acre 4. Visual Imoacts. Section 30251 of the Coastal Act and the certified 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 nQrth of Camino De Las Ondas in the southern portion of the City of Carlsbad. Although this area is primarily agricultural land, it is surrounded by either existing medium density residential projects or planned medium density residentjal 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/comnunity center would be set into the slope, having only a one-story elevation when viewed west from Hidden Valley Road. Landscaping plans have been submitted which indicate that the site will be landscaped in accordance with the City's Landscaping Manual and no adverse visual impacts are anticipated. Therefore, the Comnission finds that the subject development is consistent with the visual resource policies of Section 30251 of the Coastal 'Act and the Uello I1 LCP. 5. Local Coastal Planninq. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Comnission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development T ;, j 0 e 369 Exhibits (1) through (4) of the Staff Recommendation and Findings for Permit No. 6-92-182 may be viewed at the San Diego Coast Area Office of the California Coastal Commission, 3111 Camino Del Rio North, Suite 200, San Diego, CA 92108-1725. Listing Of Exhibit Titles: 1 ) Location Map 2) Site Plan 3) Open Space 4) Sections q >a D e 6-92-1 e u page 16 368 proposals, the Commission must essentially act like local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding can be made. Policy 6-1 of the certified Mello I1 segment of the City's LCP identifies that Altimira Park is a recreational priority. As conditioned herein, the proposed project can be found consistenl with all app'licable Chapter 3 policies of the Coastal Act and the policies of the certified Mello I1 LCP. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledsement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. ExDiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed io 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 approval 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Insoectians. The Comission staff shall be allowed to inspect the sjte and the development during construction, subject to 24-hour advance notjcl 6. Assiqnment. The permit may be assigned to any qualified person, provided assignee files with the Comission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 21 82R , " ,*.,, - '.,\ EXHIBIl -w- **** **** PARCEL 2 P.M. 8136 CAh4INO DE us WAS VICINITY MAP 1 CROSBY MEAD BENTON & ASSOC. ' woncuw mu.nrmmo -ID, CL am us""^ (ale) "UIO NOT TO SCU ~__~ .." -.- I I"". . .".... ~ ".".. . "_ - . . -. !\'I'I 9 ., e 0 371 EXHIBIT B Page PARCEL "A" - POINSETTIA PARK BOUNDARY RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, 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 OUARTER CORNER OF SECTION 21 AS SHOWN ON R.O.S. 9812, RECORDED OCTOBER 18, 1984. IN THE OFFICE OF THE COUNTY - CENTERLINE OF SAID SECTION 21, NORTH 00'42' 11" EAST 1124.13 FEET RECORDER OF SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH-SOUTH (RECORD NORTH 00'00'24" EAST PER DEED RECORDED 01-03-79 AS FILE NO. 79-001774, O.R.1 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 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 1 ; 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 L. .. \ BY DECREE UND.ER SUPERIOR COURT CASE NO. 16820; THENCE ALONG SAID DEL NORTE (FORMERLY LOUDER LANE 1 AS SHOWN AND DEDICATED ON SA1 D MAP NO. 7683; THENCE FILLING SAID NORTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 26'55'37" EAST 781.38 FEET TO THE BEGINNING OF A TQNGENT 642.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERSTERLY 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 ClTY OF CARSLBAD, RECORDED NOVEMGER 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' 1CI" 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 SAID DEED, 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 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 PGRCEL MAP NO. 6136, SOUTH 89'27'37" EAST 1167.61 FEET (RECORD SOUTH 89'40'20" 1168.86 PER PARCEL MAP NO. 6136) TO THE TRUE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS 42.009 ACRES MORE OR LESS PQRCEL "8" - DEED RESTRICTION AREA BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 21 as SHOWN ON R.O.S. 9812, RECORDED OCTOBER 19, 19134, 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 NORTHERLY LINE OF PARCEL 2 OF PARCEL MPP 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 12'05'27" 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 00'44'09" EAST 41.91 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 89'15'51" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRPL ANGLE OF 82'52' 10" A DISTANCE OF 14.46 FEET; THENCE NORTH 00'43'39" EAST 18.41 FEET; THENCE NORTH 03'30'32" EAST 89.02 FEET TO THE 1 . .. . - .. ,\ 0 9 ( CONT. ) BEGINNING 0 OF A NON-T 'ANGENT EXHIBIT B 119.77 FOO T aADI US C'JR'JE CONCAVE 3'72 Pi / SOUTHWESTERLY, A RADIAL LINE TO SAID POINT sEAas, SCIJTH 83-30'~6'* EAST; THENCE NORTHWESTERLY ALONG THE aRC CF SAID CI;R','E THROUGH A CENTRAL ANGLE OF 37'39' 35" A DISTANCE OF 78.72 ZEET TO THE BEGINNING OF A REVERSE 410 .OO FOOT RADIUS C2RVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58'39'29" CENTRAL ANGLE OF 21'19'29" A DISTANCE OF 152.60 =EET TO THE ." WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CZRS'E THROUGH A BEGINNING OF A REVERSE 260.00 FOOT RADIUS CiifiVE CONCAVE c_ EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 79'58'58" CENTRAL ANGLE OF 25'21.33'' A DISTANCE OF 115. 08 FEET ; THENCE NORTH 85.47'10'' WEST 25.91 FEET: THENCE NORTH 39'17'25" WEST 133.11 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CZRVE CONCAVE NORTHEASTERLY, A RADIAL LINE BEARS SOUTH 55'23'18" NEST ; 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 NORTHWEfTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'53'48" A DISTANCE OF 126.09 FEET TO THE BEGINNING OF A NON-TANGENT REVERSE -\ " ", ., 185.00 FOOT RADIUS CURVE CONCAVE EASTERLY. A RADIAL LiNE TO SAID POINT BEARS, NORTH 48.54'43'' EAST; THENCE NORTHERLY OLONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79"28'00" A DISTANCE OF 256.59 FEET TO THE BEGINNING OF A NON-TANGENT 127.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SA1 D 30INT BEARS NORTH 50"09' 33" WEST: THENCE NORTHEASTERLY ALONG THE 4RC OF SA1 D THENCE NORTH 00'41 '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 CURE THROUGH a CENTRAL ANGLE OF 45'17.54 A DISTANCE OF 100. 59 FEET ; ALONG SAID SOUTHERLY LINE, NORTH 89'27' 10" WEST 56i. 50 FEET THE NORTHWEST CORNER OF LOT 8 OF CARLSBAD TRRCT NO. 72-23, nw NU. 7693; THENCE ALONG THE WESTERLY LINE OF SaID LOT 8; 52UTH 24.02'01" EAST 358.23 FEET (RECORD SOUTH 24'01'34" 357.96 FEET ?ER SAID RAP NO. 7683) ; THENCE SOUTH 63'04'23" WEST 30 .OO FEET [ FiECORD SOUTH 63'04'50" WEST PER SAID MAP) TO A POINT ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PASEO DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP NO. 7683; THENCE ALONG SAID YORTHEASTERLY 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, 1975 AS FILE NO. 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" €FIST (RECORD NORTH 00'32'50" PER SAID DEED) 344.45 THENCE LEAVING SAID EASTERLY LINE OF SAID LAND DESCRIBED IN SAID NO. 6136, SOUTH"' 89'27'37" EAST (RECORD SOUTH 09'40'20" EAST PER PARCEL MW NO. 6136) 111.09 FEET TO THE TRUE POINT OF BEGINNING. 76-386552, OR.; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF P~RCEL I*np NO. 6136; DEED, ALONG THE NORTHERLY LINE OF SAID PP~RCEL z OF saID PARCEL MAP SA1 D PARCEL "B" CONTAINS 10.565 ACRES MORc bR LESS. THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A CZMBINAT ION OF RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED PARCELS OF LAND. - L . . . . . . - . - -. __. " - IC',&, 9 I1 0 0 371 EXHIBIT C [30106. Development] "Development" means, on land, in or under water, the placement or erecl of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, of the Government Code), and any other division of land, including lot spl. except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; chan! 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 tl removal of harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance w' a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure"'includes, but is not limited to, I building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, anc electrical power transmission and distribution line. subdivision pursuant to the Subdivision Map Act (commencing with Section 6( 1 I %' 4' I - \ '..< *I*** *** **% 3'E CR=185.00'3 N48'54'44.E CR=250.00') * * *'* " **** *Y** *** c*** COY* *+*I* **v* ***c* *Y* N84.27'37 W 1167.61' PARCEL 2 PAM. 8198 : @ INlCATES25'SEWWAFD WATWEAsEMacT @ INDICATES w EAsavgrcF ................ VICINITY MAP NOT TO SCALE CROSBY MEAD BENTON & ASSOC. ""7 SEW E Cm RIN. SUm 100 CMbU CA nool (*ID) U.-mo "" . . " ." _"". _." ___ ". . . .~ . .~___. " - . . $ \' t*# a I\ e e 3 EXHIBIT D PARCEL "A" - POINSETTIA PARK BOUNDARY PS THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE c1F CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 71 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 01-03-7? 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 '. x. 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'z7'10" WEST la47.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 8 OF SAID TRACT NO. 72-23, llAP NO. 7683; THENCE ALONG THE WESTERLY LINE OF SAID LOT 8; SOUTH ~4~02.01" 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 b3'04' 50" WEST) TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY L IN€ OF PASEO DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP NO. 7683; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 26'55'37" EAST 781.38 FEET TO THE BEGINNING OF A TANGENT 642.00 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 CARSLSAD, 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 SA ID 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 SAID DEED, NORTH 00'32'23"'EAST (RECORD NORTH OO"32'50" PER SAID DEED) 344.45 FEET TO THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL 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 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY ALONG THE PARCEL NAP NO. 6136, SOUTH 89-27. 37" EAST 1167.61 FEET (RECORD SOUTH 89-40'20" 1168.86 PER PARCEL MAP NO. 6136) TO THE TRUE POINT OF BEGINNING. SAID PARCEL "FI" CONTFIINS 42.009 ACRES MORE OR LESS PARCEL "E" - DEED RESTRICTION AREA BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 21 AS SHOWN ON RECORDER OF SCIID SAN DIEGO COUNTY; THENCE OLONG 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 NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 6136 RECORDED JULY 6, 1977, O.R. ; THENCE ALONG THE NORTHERLY TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 12'05'27" 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 00'44'09" EAST 41.91 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 89'15'51" WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 19-41 FEET: THENCE NORTH 03'30'32" EAST 89.02 FEET TO THE R.O.S. 9832, RECORDED OCTOBER 18, 1984, IN THE OFFICE OF THE COUNTY LINE OF SAID PARCEL z, NORTH a9*27.378* WEST 1056.52 FEET TO THE OF a2*52*108* A DISTANCE OF 14.46 FEET; THENCE NORTH 00*43'39~* EAST I .- .. .". -. *" (-1, I .\ .- - \ \.< \ e EXHIBIT D B 376 (CONT. 1 BEGINNING OF A NON-TANGENT 119.77 FOOT RADIUS CURVE CUNC - :AVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 83'40'56" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SA1 D CURVE THROUGH A CENTRAL ANGLE OF 37'39' 35" A DISTANCE OF 78.72 FEET TO THE BEGINNING OF A REVERSE 410.00 FOOT RAD IUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58"39'29" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21'19'29" A DISTANCE OF 152.60 FEET TO THE BEGINNING OF A REVERSE 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT REARS, NORTH 79*513'58" 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 85'47'10" WEST 25.91 FEET: THENCE NORTH 39'17'25" WEST 133.11 FEET TO THE BEGINNING OF A 150.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RCIDIAL LINE BEARS SOUTH s5*23'1a16 WEST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 250.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77'48'32" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'53'48" A DISTANCE OF 126.09 FEET TO THE BEGINNING OF A NON-TANGENT REVERSE 185.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 48'54'43" EAST; THENCE NORTHERLY ALONG THE ARC 256.59 FEET TO THE BEGINNING OF A NON-TANGENT 127.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 50'09'33" WEST: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURE THROUGH A CENTRAL ANGLE OF 45'17' 54 A DISTANCE OF 100.59 FEET; THENCE NORTH 00.41' 44" EAST 7.42 FEET; THENCE NORTH 34'49'02" EAST 17.93 FEET TO THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA. AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16820: THENCE NORTHWEST CORNER OF LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NU. 7683; THENCE ALONG THE WESTERLY LINE OF SAID LOT 8; SOUTH 24'02'01"' NO. 7683) ; THENCE SOUTH 63'04' 23" WEST 30.00 FEET ( RECORD SOUTH 63'04' 50" WEST PER SAID MAP) TO A POINT ON THE NORTHEASTERLY RIGHT- OF-WAY LINE OF PASEO DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP NO. 7683; THENCE ALONG SAID NORTHEASTERLY BEGINNING OF A 642.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE OF zz-z5*14~* A DISTANCE OF 513.70 FEET TO THE BEGINNING OF A REVERSE OF SAID CURVE THROUGH a CENTRAL ANGLE OF 79 -28' 00" A DISTANCE OF ALONG SAID SOUTHERLY LINE, NORTH 139*27'10" WEST 561.60 FEET THE EAST 3513.23 FEET (RECORD SOUTH 24*01'34" 357.96 FEET PER SAID MAP RIGHT-OF-WAY LINE, SOUTH 26-55'37" EAST 7131.313 FEET TO THE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 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 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 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"7 89'27 * 37" EAST (RECORD SOUTH 89'40 ' 20" EAST PER OF 27 * za' 00" a DISTANCE OF 307.76 FEET; THENCE SOUTH 00~32' 23" WEST SAID LAND DESCRIBED IN SAID DEED; THENCE ALONG SAID EASTERLY LINE, PARCEL MAP NO. 6136) 111.09 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "8" CONTAINS 10,565 ACRES MORE OR LESS. THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A COMBINATION OF RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED PARCELS OF LAND. 2 . - . - ". . - - "~- - P# " , P, I. I . 0 377 EXHIBIT E THE LANDSCAPING/REVEGETATION AND ENHANCEMENT PLAN The Landscaping/Revegetation and Enhancement Plan for Permit No. 6-92-1; may be viewed at the San Diego Coast Area Office of the California Coas Commission, 3111 Camino Del Rio North, Suite 200, San Diego, CA 92108- r.'r8 4 t- o (I) 379 *o e m - I (I) 379 *o e m - I 9 1 I -9"- " *'I>, +' 9 0 . ATE OF CALIFORNIA-THE RESOURCES AGENC PETE WlLSC CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAM FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 904-5200 June 8, 1994 Aletha L. Rautenkranz, CMC Ci ty of Carl sbad City Clerk's Office 1200 Carl sbad Vi 1 lage Drive Carlsbad, CA 92008-1989 Re: Coastal Development Permit No. 6-92-182 Dear Ms. Rautenkranz: Enclosed is the Open Space Deed Restriction which was sent to this office for review in compliance with special condition 3 of the above-referenced Diego County Recorder's Office. Please note the following changes: permit, It has been approved by our staff counsel for recording at the San CC&R language on lines 17 and 18 of page 3 of the Deed Restriction has been removed and replaced with "N/A" to signify that their are no additional restrictions in the condition language. Page 4A (referencing the exceptions to the open space area) has been referenced on on line 2 of page page 4 and inserted in the document. Exhibit E (Landscapi ng/Revegetation and Enhancement Plan), Exhibit F (Pedestrian Accessway Open Space Exception) and Exhibit G (Pedestrian Trai 1 and Retaining Features Open Space Exception) have been attached to the Open Space Deed Restriction. Legal Descriptions of the Property and Open Space Deed Restricted Area have been included as attachments to both Exhibit B and Exhibit D. Exhibits (1) through (4) of the Staff Report 6-92-182 have been replaced by a single page to reflect that these exhibits may be viewed at the Commission's San Diego Coast Area Office due to insufficient legibility. Do not remove the attached Exhibits. A final step for satisfaction of the special condition will be to send me a conformed copy of the recorded document. When I receive said document I will notify our San Diego Coast Area staff that the Special Condition has been met. If all other necessary conditions have been satisfied, the permit wi 11 be issued by that office. If you have any questions, please feel free to contact me. Sincerely, Deb &dk rah Bove Legal Assistant Enclosure c ’~t b 1 ,*’ 6 0 June 28, 1994 TO : CITY ATTORNEY FROM: Assistant City Clerk OPEN SPACE DEED RESTRICTION FOR POINSETTIA CCMUNITY PARK On 9/21/93, the City Council approved a deed restriction on a portion o Poinsettia Community Park, as a condition of Coastal Permit No. 6-92-182. Afte approval, the original document was signed by City representatives and forwardel to the Coastal Commission. The attached document, which was signed and returned to us by the Coasta Commission has several changes which are out1 ined in the transmittal letter dated June 8, 1994, from Deborah Bove. Please let us know if you think the changes are substantial enough to requir that the document be approved again by the Council, or can we go ahead and recor the document? (le will furnish you a copy of the original document for comparison i necessary. ) Thanks , Gb 2 7. SLC Ye Let - i&d % &a p”U* Fyts a, F*G ccce*cp+ blya+ I* ':' * 3 *, e e June 28, .1994 TO : CITY ATTORNEY FROM: Assistant City C1 erk OPEN SPACE DEED RESTRICTION FOR POINSETTIA COMMUNITY PARK On 9/21/93, the City Council approved a deed restriction on a portion of Poinsettia Community Park, as a condition of Coastal Permit No. 6-92-182. After approval, the original document was signed by City representatives and forwarded to the Coastal Commission. The attached document, which was signed and returned to us by the Coastal Commission has several changes which are outlined in the transmittal letter, dated June 8, 1994, from Deborah Bove. Please let us know if you think the changes are substantial enough to requirr that the document be approved again by the Council, or can we go ahead and recorc the document? (We will furnish you a copy of the original document for comparison if necessary. ) Thanks , * 2 ?* w Y- Karen Ace - P -L~d * & q4 - /=--"- -"" ’ 2 3 4 5 w e PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 1 OF THIS DISTRICT (GOV. CODE [6103]) ) Carlsbad Municipal Water District ) 20 21 22 23 . 24 25 26 27 28 assigns, an easement. Purpose: The easement granted herein shall be gr for the following purposes: the construction, operation, re reconstruction and all activities necessary to const reconstruct, operate, maintain and repair facilities design€ the general purpose of collecting, storing, transporting, pu and treating all water and wastewater, including surface h stream water, flood water and ground water flowing into facilities, and all natural and artificial drainage ditche 1 10/2( ’ 2 3 4 5 6 7 8 9 lo l1 12 13 l4 15 16 17 18 19 2o 21 22 23 . 24 25 26 27 28 0 w structures of any kind, whether above or below the surface o ground. Said facility may include pipelines, pumping facilj structures designed to control the flow of water and wastewatt all facilities and structures associated with said use whit designed to facilitate the use and protect the facility natural and other forms of damage including, but limitel erosion control facilities, fences, gates, doors, locking de\ alarms, lights, and all other protective facilities and de\ The use shall also include a means of access to and from facility for the purpose of constructing, operating, repai maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive t Grantee. Grantor herein agrees that no buildings and/or struc will be erected, walls constructed,, fences built nor trees plz nor may the easement be used by the Grantor or any other per$ entity, including other utilities, whether public or privatc uses whether compatible or incompatible with the uses desc herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// 2 10/2 If 1 2 3 4 !5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 w e LOCATION OF THE EASEMENT: The easement granted herein shall be located withii upon the properties more particularly described in Exhibit "A Exhibit llBl1 attached hereto and by this reference made a hereof. Executed by the GRANTOR t 22nd day of NOVEMBER 192. GRANTOR: CLAUDE A. LEWIS, Mayor - (title of signator ATTEST: By : ALETHA L. RAUTENKRANZ, City Clerk (sign here) (title of signatory) I (SEAL) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL By: q I +-aR Douty General munsel CMWD 92-601 3 100 If w 0 E X H I B I T *' A '' PARCEL "A" - SEWER AND WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND LOT B OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON 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 1847.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 8 OF SAID TRACT NO. 72-23, MAP NO. 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 NO. 7683) ; THENCE SOUTH 63'04'23" WEST 30.00 FEET (RECORD SOUTH 63'04'50" WEST) TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF PASEO DEL NORTE (FORMERLY LOWDER LANE) AS SHOWN AND DEDICATED ON SAID MAP NO, 7683; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, SOUTH 26'55'37" ERST 524.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 68'30'09" EAST 21.11 FEET; THENCE NORTH 69'55'19" EAST 301.64 FEET; THENCE NORTH 11'01'24" WEST 146.35 FEET; THENCE NORTH 69'08'19'' EAST 25.37 FEET; THENCE SOUTH 11'01'24" EAST 172.02 FEET; THENCE SOUTH 69'55'19" WEST 322.76 FEET; THENCE SOUTH 21'29'50" WEST 15.03 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PASEO DEL NORTE (FORMERLY LOWDER LANE); THENCE ALONG SAID NORTHEASTERLY RIGHT-OF- WAY LINE, NORTH 26'55"37" WEST 50.42 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.282 ACRES MORE OR LESS. PARCEL "8" - SEWER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECT ION 21, SAID POlNT BEING ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. lbE2Ot THENCE ALONG SAID SOUTHERLY LINE NORTH ~9-27'10*- WEST i26e.17 FEET TO THE TRUE POINT W BEGINNING; THENCE LEAVING SQID SOUTHERLY LINE, SDUTH 34'49'02" WEST 23.55 FEET; THENCE SOUTH 00'41'44" WEST 253.19 FEET; THENCE SOUTH 05.22'45" WEST 148.13 FEET; THENCE SOUTH 36*07'19" EAST 153.5'4 FEET TO fi POINT, SAID POINT HEREINAFTER DESIGNATED POINT "A"; THENCE SOUTH 20'51'41" EAST 15.00 FEET; THENCE SOUTH 69'08'19" WEST 14.64 FEET; THENCE NORTH 91'01'24" WEST 7.24 FEET; THENCE NORTH 36'07'19" WEST 163.68 FEET; THENCE NORTH 05'22'45" EAST 153.20 FEET; THENCE NORTH 00'41'44'' EAST 257.18 FEET; THENCE NORTH 34'49'02" EAST 17.93 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF SAID RANCHO AGUA HEDJONDA; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89'27'10" EAST 18.15 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "B" CONTAINS 0.205 ACRES MORE OR LESS. 1 0 0 PARCEL "C" - SEWER EASEflENT BEGINNING AT POINT "A" AS DESCRIBED IN PARCEL "E" HEREIN: THENCE 247.50 FOOT RAOIUS CURVE CONCAVE SOUTHERLY, A RADIClL LINE TO %ID POINT BEARS NORTH 36'59'37" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48'12'29" A DISTANCE OF 208.24 FEET TO THE BEGINNING OF A REVERSE 192.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83'55'12" A DISTANCE OF 281.95 FEET; THENCE NORTH 87'28'38" WEST 15.47 FEET TO A POINT ON THE ARC OF A NON-TANGENT 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73'47'42" EAST, SFIID POINT HEREINAFTER DESIGNCITED POINT "B" ; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85'00'34" A DISTANCE OF 307.87 FEET TO THE BEGINNING OF A REVERSE 232.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 11'12'52" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL 6NGLE OF 47'07'55" A DISTANCE OF 191.26 FEET; THENCE SOUTH 18'51'52" EAST 308.00 FEET; THENCE SOUTH 02'03'47" WEST 245.43 FEET; THENCE SOUTH 87'56'13" EAST 63.67 FEET TO THE BEGINNING OF A 192.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07.27'35'' A DISTANCE OF 25.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 84'36'12" EAST 269.40 FEET; THENCE SOUTH 05'23'48" EAST 15.00 FEET; THENCE SOUTH 84'36'12" WEST 269.40 FEET TO THE BEGINNING OF A 207.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07'27'35" A DISTANCE OF 27.02 FEET; THENCE NORTH 87'56'13" WEST 67.26 FEET; THENCE SOUTH 36'57'15" WEST 33.50 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 6136; THENCE ALONG SCIID NORTHERLY LINE OF SAID PARCEL 2, NORTH 89'27'37" WEST 18.64 FEET; THENCE LEAVING SFIID NORTHERLY LINE, NORTH 36'57'15" EAST 46.12 FEET; THENCE NORTH 02'03'47" EAST 247.80 FEET; THENCE NORTH 18*51'52" WEST 302.94 FEET: THENCE SOUTH 69.08'19'' WEST 28.21 FEET; THENCE NORTH 20'51'41" WEST 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL "C" CONTAINS 0.514 ACRES MORE OR LESS. NORTH 69'08'19" EAST 34.91 FEET TO THE BEGINNING OF A NON-TANGENT PARCEL "D" - SEWER EASEflENT BEGINNING AT POINT "E" AS DESCRIBED IN PARCEL "C" HEREIN, SAID POINT BEING ON THE ARC OF A NON-TANGENT 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73'47'42" EAST; THENCE LEAVING THE ARC OF SAID CURVE, SOUTH 87'26'38" EAST 220.78 FEET; THENCE SOUTH 78'15'14" EAST 144.15 FEET TO THE BEGINNING OF A 192.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'03'02" A DISTANCE OF 37.13 FEET; THENCE SOUTH 89'10'16" EAST 163.25 FEET; THENCE SOUTH 00'41'44" WEST 15.00 FEET; THENCE NORTH 89'18'16" WEST 163.25 FEET TO THE BEGINNING OF A 207.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID FEET; THENCE NORTH 78.15'14'' WEST 142.94 FEET! THENCE NORTH CURVE THROUGH A CENTRAL ANGLE OF ii*03*02" a DISTANCE OF 40.02 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY. A RADICIL LINE TO SAID POINT BEARS SOUTH 69'29'19" ERST; THENCE NORTHEASTERLY ALONG 87'28'38" WEST 223.82 FEET TO A POINT ON THE ARC OF A NON-TANGENT THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'18'23" Q DISTANCE OF 15.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL "D" CONTAINS 0.195 ACRES MORE OR LESS. 2 0 I PARCEL "E" - WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SFIN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED as FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, 4s ESTAEL~SHEO BY DECREE UNDER SUPERIOR COURT CASE NO. 16820t THENCE ALONG SAID SOUTHERLY LINE, NORTH 69'27'10" WEST 54.00 FEET TO FI LINE PARaLLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 21, THENCE ALONG SAID PARALLEL LINE, SOUTH 00'42'11" WEST 24.71 FEET TO THE TRUE POINT UF BEGINNING; THENCE SOUTH 00'42'11" WEST 15.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89'11'34" WEST 19.06 FEET; THENCE NORTH 45'00'00" WEST 14.68 FEET; THENCE NORTH 89'18.16'' WEST 117.83 FEET; THENCE NORTH 00.41'44'' EAST 15.00 FEET; THENCE NORTH 89'18'16" WEST 123.94 FEET; THENCE SOUTH 45'00'00" EAST 14.69 FEET; THENCE SOUTH 89'11'34" EAST 12.94 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "E" CONTAINS 0.052 ACRES MORE OR LESS. PARCEL "F" - WRTER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED as FOLLOWS: POINT BEING ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, 0s ALONG SAID SOUTHERLY LINE, NORTH 89.27'10" WEST 34.00 FEET TO a BEGINNING FIT THE NORTH QUARTER CORNER OF SAID SECTION 21, SFIID ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16820; THENCE LINE PARALLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH-SOUTH CENTERLINE OF SFIID SECTION 21, THENCE ALONG SAID PARALLEL LINE, SOUTH 00'42'11" WEST 446.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'42'11" WEST 10.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 89.17'49" WEST 10.00 FEET; THENCE NORTH 0'42'11" ERST 10.00 FEET; THENCE SOUTH 89'17'49" EAST 10.00 FEET TO THE TRUE WINT OF BEGINNING. SAID PARCEL "F" CONTAINS .OOZ ACRES MORE OR LESS. PARCEL "G" - WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIFIN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 21, THENCE ALONG THE NORTHISOUTH CENTERLINE OF soru SECTION 21, NORTH 0-4z'i1*- EAST 1124.13 TO THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 61%; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 89'27'37" WEST (SOUTH 89'40'20" EAST PER PARCEL MAP NO. 6136) 34-00 FEET TO A LINE PCIRALLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH- SOUTH CENTERLINE OF SAID SECTION 21, THENCE ALONG SnID PARALLEL LINE, NORTH 00'42'11" EAST 529.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, NORTH 89'32'3B" WEST 151.00 FEET; THENCE NORTH 00'42'11" EAST 15.00 FEET! THENCE NORTH 89'32'38" ERST 83.67 FEET; THENCE NORTH 00'41'44" EAST llS.04 FEET; 3 - 0 THENCE NORTH 89.17'49" WEST 34.16 FEET! THENCE NORTH 00-41'44- EAsr 15,OO FEET; THENCE SOUTH 89'17'43" EAST 49,16 FEET] THENCE SOUTH 00'41'44" WEST 129.97 FEET; THENCE SOUTH 89'32'38" EAST 52.33 FEET ALONG SAID NORTH/SOUTH CENTERLINE, SOUTH 00'42'11" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "G" CONTAINS .lo9 ACRES MORE OR LESS. TO A POINT ON THE NORTH/SOUTH CENTERLINE OF SAID SECTION 21: THENCE PARCEL "H" - ACCESS EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN EERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CARLSBAD, COUNTY OF SAN DHEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. i6a20; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89*z7'10#* WEST 857.48 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 00*32'50*1 EAST 22.7~1 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45'00'00" EAST 10.68 FEET1 45*oo*oo" WEST 4.30 FEET; THENCE NORTH e9*18*15*0 WEST 420.25 FEET THENCE SOUTH 00'41.44" WEST 5.54 FEET; THENCE SOUTH 45'41 44" WEST 7.07 FEET; THENCE NORTH 89'18'15" WEST 5.68 FEET; THENCE NORTH TO THE BEGINNING OF A NON-TANGENT 112.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'52'52" A DISTANCE OF 99.66 FEET TO THE BEGINNING OF A NON-TANGENT 170.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 51'41'12" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79'24'04" A DJSTANCE OF 235.59 FEET; THENCE SOUTH 48'54'43" WEST 15.00 FEET TO A POINT ON THE ARC OF A 185.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58'54'43" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79'28'00" A DISTANCE OF 256.59 FEET TO THE BEGINNING OF FI NON-TANGENT 127.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 50'09'33" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50'58'32" A DISTANCE OF 113.20 FEET; THENCE SOUTH 89'18'15" EAST 426.32 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "H" CONTAINS .270 ACRES MORE OR LESS. PARCEL " I " - SEWER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIQL PLAT CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THEREOF AND LOT a OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA, AS ESTABLISHED BY DECREE UNDER SUPERIDR COURT CASE NO. lbB2Ol THENCE ALONG SAID SOUTHERLY LINE, NORTH 89'27'10" WEST 1286.32 FEET; THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE WESTERLY LINE OF PARCEL "8" DESCRIBED HEREIN, SOUTH 34'49'02" EAST 17.93 FEET1 THENCE SOUTH 00'41'44" WEST 257.18 FEET; THENCE SOUTH 05'22'45" WEST 22.77 FEET TO THE TRUE POINT ff BEGINNING; THENCE SOUTH 05'22'45" WEST 105.43 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID PARCEL "B", SOUTH B9'05' 19" WEST 14.24 FEET TO A POINT ON THE 4 W e ARC OF A 250.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 74'07.04'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'12'Zl" A DISTANCE OF 109.98 FEET; THENCE NORTH 48'54'43" EAST 15.00 FEET; THENCE SOUTH 89'30'13" EAST 64.85 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL "I" CONTAINS .lo4 ACRES MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A COMBINATION OF CALCULATED DATA, RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED PARCELS OF LAND. 5 w 0 CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conve] by the easement dated November 22, 1993 from the City of Carlsl to the Carlsbad Municipal Water District, a Municipal Wal District, is hereby accepted by the Board of Directors of Carlsbad Municipal Water District pursuant to Resolution No. 8 adopted on November 16, 1993, and the grantee consents to recordation thereof by its duly authorized officer. DATED: November 23, 1993 By: CMWD 92-601 W / VI Cl Nl TY MAP NOT TO SCALE RANCHO AQUA HEDJONDA MAP NO. 828 H8Cr2710W 1M7.q' c. 21 TI20 R4W PARCEL74 (sa5 SFEET NOS) L1 N11'01'24.W 12 N2051'41.W L3 N69'00'19'f L4 N26'55'37.W L5 N6408'14'E N ru cs& SET NOS). INDICATES FQOf'OSED SEwBzEASEMacT PARca B - 0.205 AC. -- IEDICATES PARK 80 MSTED IN : ASSESSOR'S PARCEL No. WCT NO. CITY OF CARLSBAD 214-140-13, 23 L 39 C.M.W.D. 92-601 EASEMENT PLAT DATE: 0/03/OS I stfET30Fb CiWSBY MEAD ShN dr A9SbC. ----- YI a DI~O y,mnmamaa M (CQ 9 P.O.8.- PAR. ‘F __t__ RANCHO AQUA HEDJONDA MAP NO. 823 BEG. 21 1128 R4W &B.h4. N84’27‘10.W 1847.41 PARCEL D = 0.195 AC. PARK BOLNDARY 9 --- -ttQlCATES BEG. Zl TI26 R4W 8AM. mc( - WW LINE OF 9ECSI- r - -%4.2737W 1167.61’ PARCEL 2 PA NO. 0180 - i 0 RANCHO AQUA HEDIONDA MAP NO. ma BEG. 21 712% R4W B.E.M. TIE LINE ONLY N89'27'10'W 1847.91' CURVE DATA 112.23' 50'52'52' 127.23' 50'58'32' 113.20' LINE DATA INDICATES PROPOSED PAR- H - 0.270 AC INDICATES PROPOSB) SEhEQEASEhevr PARca I -0.104x - .I - - IhDICAkS PARK WARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 RESOLUTION NO. 93-312 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF GRANT DEED CONVEYING WATER/SEWER/ACCESS EASEMENTS TO CARLSBAD MUNICIPAL WATER DISTRICT ACROSS A PORTION OF PARK SITE IN POINSETTIA COMMTJNITY PARK, CMWD PROJECT NO. 92-601 WHEREAS, the City Council of the City of Car California has determined it to be in the public inter( approve a Grant Deed conveying water/sewer/access easements Carlsbad Municipal Water District across a portion of park : Poinsettia Cornunity Park, CMWD Project No. 92-601, for the 1 of providing the District with access, operations and main1 service of the proposed facilities; and NOW, THEREFORE, BE IT RESOLVED, by the City COUI the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and cor That the Grant Deed from the City of Carlsbad November 22 , 1993, conveying water/sewer/access easern the Carlsbad Municipal Water District across a portion of pa in Poinsettia Community Park, CMWD Project No. 92-601, purpose of providing the District with access, operatic maintenance service of the proposed facilities, which is with the City Clerk and is incorporated herein by this ref is approved. /// /// /// /// /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 w * 3. That the Mayor is authorized to execu’ agreement, and the City Clerk is authorized to cause the 01 Grant Deed to be recorded in the office of the County Reco: San Diego County, State of California. PASSED, APPROVED AND ADOPTED at regular meeting Carlsbad City Council held on the 16th day of NOVEMBER 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil NOES: None ABSENT: None ATTEST: Alii%??? LT-Terk (SEAL) CMWD 92-601 2