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HomeMy WebLinkAbout1997-04-15; City Council; 14137; ACCEPTANCE OF OPEN SPACE EASEMENTS AND ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA COASTAL CONSERVANCYr 4 a 0 a ak 9 .. z 0 6 4 5 -I z 3 0 0 L Y, ', -1 ., 9 CITY OF CARLSBAD - AGENR BILL AB#&13? TITLE: DEPT. HD. ACCEPTANCE OF OPEN SPACE EASEMENTS THE CALIFORNIA COASTAL CONSERVANCY MTG. 4/15/97 AND ACCEPTANCE OF GRANT FUNDS FROM CITY ATTY. ( DEPT. CD CITY MGR RECOMMENDED ACTION: It is recommended the City Council ADOPT Resolution No. q3- yqy ACCEPTlh open space and public access easements and the final disbursement of grant funding terms of a 1988 agreement with the California Coastal Conservancy. ITEM EXPLANATION: On July 5, 1988 and thereafter on August 23, 1988, the City Council approved an , and subsequent amendment with the California Coastal Conservancy to apply CP administered grant funding toward the City's construction of several beach acces structures along Carlsbad Boulevard. The new stairway structures at Hemlock i Avenues and the reconstruction of the Cherry Avenue stairway structure were coni 1988 and 1989 and tied into the Carlsbad Seawall project. The Conservancy grant fL needed at the time to complete the entire Seawall and stairway project. One of the standard conditions of a California Coastal Conservancy grant is the re that the grant recipient, in this case the City of Carlsbad, also accept any outstanding dedications made to State agencies within the local jurisdictional boundaries. This fulfills a long standing Conservancy policy of transferring easements held by tk California to a local government agency or special district. Generally, these easi secured by the California Coastal Commission from private property owners as co Coastal Development Permits and include areas encompassing protected habitat, c special public resources, access to coastal resources, etc., within the coastal zone. 1988 agreement with the California Coastal Conservancy identified for acceptance of Carlsbad the following easements: Coastal Commission Original Grantor to Location Coastal Commission in Carlsbad Permit Number 5-77-81 Puesta del Sol 2601 Ocean Street 6-82-501 L. R. Partnership Terminus of Laguna 2 easements near lag 6-83-5 1 Native Sun-Carew North end of Ocean 6-84-5 1 9 Grupe Real Estate Sea Gate Village on Paseo del None 9 0 I ,< PAGE 2 OF AGENDA BILL NO. /Vj 13 3 Along with the acceptance of the easements includes the potential, however remote, liability in the event of injuries, losses, or damages arising from the sole negligen easement holder (City) during the operation of the easement over which the gene may have access. Ultimately, the underlying property owner is obligated, howeve, may arguably become exposed to some liability as a result of the easement acceptanc Additionally, maintenance responsibility may also accompany the easement accept; underlying fee owner, usually a homeowners association or private property owner retain this responsibility in its conditions of incorporation, its CC&Rs, its de7 conditions, or some other entitlement requirement. In 1988-89, after some considei grant acceptance discussion among the City's Community Development Departmen City Attorneys Office, and the City's Risk Manager, it was the general opinion the ; of all of these easements by the City posed unacceptable risks and costs potc exceeding the value of the Conservancy grant funds to the City. These conc subsequently communicated to the California Coastal Conservancy staff result impasse. The stairway structures were thereafter constructed with City fund Conservancy grant funds were not released to Carlsbad. The situation has unresolved since that time. In late 1995, City staff was approached by California Coastal Conservancy staff to res their intentions to either try and work out a compromise with Carlsbad and finaliz funding, or, alternatively, declare the grant closed and return the designated fun originating fund balance with the State. Several meetings resulted, including in-field all of the easements in question. Negotiations have resulted in the following accommodation intended to meet the needs of both the Conservancy and the City: dialogue regarding the outstanding Conservancy grant funding. The Conservancy star - The City will accept only the two (2) open space easements of the L. R Partnership project at the terminus of Laguna Shores Drive adjacent AI Hedionda Lagoon. - The Conservancy, via the Coastal Commission, will retain the remaini Upon recordation of the two (2) L. R. Partnership easements (formally acceptance of the "Offers to Dedicate") by the City and subsequent at the California Coastal Commission, the Conservancy will distribute th grant funds to Carlsbad in the amount of $1 75,450. easements. - L 1, 0 % PAGE 3 OF AGENDA BILL NO. 14; ! .'7 '7 The two (2) L. R. Partnership easements in question include: (1) an open space SI immediately westerly of the residential units and adjacent Agua Hedionda Lagoon, portion of the privately constructed and publicly available trail around the develo adjacent the lagoon. During field inspection of these areas, it was observed easement areas are open and clear of any known and observable hazards or obsta' public use. The section of the trail which surrounds the private developmc constructed and used by the general public to gain access to Agua Hedionda Lag area. Additionally, this portion of the public trail, although privately owned in adjacent homeowners association, is included in the future City-wide trail prc designated public trail segment. It is the opinion of City staff and the City Attorneys Office that if any of the easemc be accepted by the City for ongoing public use, given the desire to amicably Conservancy grant funding impasse and secure the balance of the funding, the ti Partnership easements would be the ones to accept having the least potential for the City. Therefore, it is recommended the City Council accept the two (2) L. R. easements and accept the final disbursement of grant funds from the Califor Conservancy under the terms of the 1988 agreement. FISCAL IMPACT: Upon acceptance of the easements by Carlsbad, followed by approval of the Califo Commission, the California Coastal Conservancy will disburse to Carlsbad $1 75,45 terms of the 1988 grant. Upon receipt, these funds will be deposited to the City's C balance thereby making them available for future City projects. With respect to increased City liability, given the very favorable condition of the area and adjacent trail segment, the potential for injuries, losses, or damages exposure to Carlsbad is low, however, nonetheless does exist. Regarding maintenance responsibility for both the open space area and the segment, the L. R. Partnership project conditions of approval specifically homeowners association, as the underlying fee owner, to maintain the areas. Addi Coastal Development Permit issued by the California Coastal Commission conditions the property owners to maintain the open space and trail areas in perr City would, therefore, assume no maintenance responsibility, and accompar resulting from the acceptance of these two (2) easements. The question remains as to whether the City's liability exposure would increase if owned but publicly accessible open space and trail areas were not, for some reaso to be maintained by the homeowners association in the future in the safe and effi( they have been for past approximately seven (7) years. Although this potential also L I PAGE 4 OF AGENDk NO. I Y; 1 r? 1) the opinion of City staff and the City Attorneys Office that this possibility is very Given the current level of maintenance, the apparent lack of hazards or obstacles tc the very favorable condition of these areas, there is little reason to believe the ho association would suddenly stop maintaining these areas as they are required therek hazards and obstacles to the public's use resulting in increased liability exposure to The potential for increased future liability to the City is remote. EXHIBITS: 1. Location map. 2. Resolution No. '53 - 44y accepting two (2) open space and public access f and the final disbursement of grant funding from the California Coastal Consei Letter dated November 5, 1996 from the California Coastal Conservancy. Irrevocable Offer to Dedicate Open-Space Easement and Declarations of Restr referred to as File No. 84-231896 as condition of California Coastal Commissi No. 6-82-501 I on file in the City Clerks Office. Irrevocable Offer to Dedicate Open-Space Easement and Declarations of Resti referred to as File No. 84-296104 as condition of California Coastal Commissi No. 6-82-501 I on file in the City Clerks Office. Certificate of Acceptance for Exhibit No. 4 above on file in the City Clerk's 0 Certificate of Acceptance for Exhibit No. 5 above on file in the City Clerk's 0 3. 4. 5. 6. 7. L L .x I - 9 LOCATION MAP HIGHWAY 78 LEGEND OPEN SPACE EASEMENTS r PROJECT NAME PROJECT # OPEN SPACE EASEMENTS * , 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 9 Exhibit 2 RESOLUTION NO. 9 7 - 4 4 4 ACCEPTING OPEN SPACE EASEMENTS AND ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA COASTAL CONSERVAN‘ WHEREAS, the City Council of the City of Carlsbad, California, has previa into a 1988 agreement with the California Coastal Conservancy regarding grant coastal access stairway construction; and WHEREAS, the Conservancy and City have negotiated a resolution tc accompanying said agreement; and WHEREAS, the City Council does hereby find it necessary, desirable, and i interest to accept certain open space and public access easements (“Offers to D conditions to resolution of the aforementioned grant fhding from said Conservancy. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City California, as follows: 1. 2. That the above recitations are true and correct. That the City Council does hereby accept, upon the express con California Coastal Conservancy approving the $175,450 grant funding, two (2) op public access easements (“Offers to Dedicate”) and the City Clerk is authorized tc required documents. The City Clerk is further authorized and directed to forward : Resolution and the executed “Certificates of Acceptance” to the California Coastal attention: Ms. Deborah Bove, 45 Fremont Street, Suite 2000, San Francisco, Cali 2219, and copies of these documents and this Resolution to the California Coastal attention Mr. Richard Retecki, 1330 Broadway, Suite 1100, Oakland, California Upon return of the documents accompanied with a “Certificate of Acknowledgn California Coastal Commission, the City Clerk is fiuther authorized to record si with the San Diego County Recorder. ,I 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 9 3. That the Carlsbad City Council’s acceptance of the two (2) afon easements (“Offers to Dedicate”) is done so as a complete resolution and satisfact conditions of the aforementioned 1988 agreement with the California Coastal Cons€ the Conservancy shall not condition future City grants, if any, with the acceptance of (“Offers to Dedicate”) associated with California Coastal Commission Permits Nur 81,6-83-51, and 6-84-519 . 4. That upon receipt of funds from the California Coastal Conservanc terms of the aforementioned agreement, said funds shall be deposited and appropr City’s General Capital Construction Fund. PASSED, APPROVED’ AND ADOPTED at a regular meeting of the City held on the 15th dayof April , 1997, by the following vote, to w AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 0 0 Exhibit 3 .‘ fa&) Coastal Conservancy November 5,1996 Mr. John Cahill Municipal Projects Manager 2075 Las Palmas Drive Carlsbad, CA 92009 Subject: Maple Avenue Stairs/Offers to Dedicate Public Access Dear John: This letter is to confirm an agreement between the Conservancy and the City of Carlsbad which will facilitate the acceptance of two offers to dedicate(CCC Permit No. 6-82-501) and final payment to Carlsbad for completion of the Carlsbad Seawall and Maple Avenue Stairs projects. Final payment for those projects totals $175,450. The two offers to dedicate public access are under the L.R. Partnership. These easements are a fenced buffer area from an existing condominium development to a small beach and Agua Hedionda Lagoon; and, an open space easement over a small beach and the wetland portion of the property. Carlsbad will have to contact Deborah Bove’, at the Coastal Commission, 45 Fremont Street, San Francisco, CA 94105, (415) 904-5200 if you have any questions concerning the acceptance process. Also included are Coastal Conservancy Request for Disbursement forms and instructions for completion. I you have any difficulty finding or interpreting the original terms of agreement please contact me at (510) 286-4170. Thanks for your assistance in moving this process forward. Sincerely, &e Richard Retecki Project Manager 1330 Brc Oakland, Cali5 510.286.1015 2 California State Coastal Conserl RECORDING RLQUESTED BY AI@ 0 * . WFEN RECORDED MAIL TO: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 Attention; Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS: Document entitled to free recordation pursuant to Government Code section 6103 CERTIFICATE OF ACCEPTANCE This is to certify that CITY OF CARLSBAD heret accepts the Offer to Dedicate executed by L. R- PARTNERSHIP on MARCH 24 , 19 83 and recorded on JUNE 20 in the Official Records of the Office of the Recorder of County . DATED: JUNE 3, 1997 BY: h%2vge N. , 1984, as Instrument NO. 84-231896 ? SAN DIEGO ASSISTANT CITY .-.-- FOR: CITY OF CARLSRAD STATE OF CALIFORNIA COUNTY OF 0 On atclna, b, /947 , a Notary Pub1 i c, personal ly appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)@a-m subscribed to the within instrument and acknowlc to me thatetby executed the same in kis6&%'tkei-1.authorized capacity(' and that by m/t)tetr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s1 acted, executed the Instrument. WITNESS my hand and official seal. Signature ge 1 of : e a ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION This is to certify that __ is a public agency/private association acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Offer to Dedicate executed by on 3 and recorded on , in the office of the Recorder of County as Instrument No. DATED: CALIFORNIA COASTAL COMMISSION ,’ STATE OF CALIFORNIA COUNTY OF On , before me, , a Notary Pub1 i c, personal ly appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s> Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci ty(ies), and that by his/her/their signature(s1 on the instrument the person(s1, or the entity upon behalf of which the person(s1 acted, executed the instrument. WITNESS my hand and official seal. Signature Page 2 of i 21 57L 0 0 I I' Ilt'iORDING RtQUtsrLo OY AND NH~N RECORDED MAIL TO: Cdl 1 fornia Coastal Commission 4') Fremont Street, Suite 2000 5dn Franci sco, CA 94105-2219 Attention: Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS: Document entitled to free recordation pursuant to Government Code section 6103 CERTIFICATE OF ACCEPTANCE hereby This is to certify that accepts the Offer to Dedicate executed by L. R. PARTNERSHIP CITY OF CARLSBAD on MARCH 24 ,1983, and recorded on Auwst 3 , 1984 as Idstrument No. 84-296104 SAN DIEGO in the Official Records of the Office of the Recorder of --- - -- ____ __ County . DATED: JUNE 3, 1997 BY : FOR: CITY OF CAXLSBAD STATE OF CALIFORNIA , JLQb On p 6, 14$7 , before me, d~ Ro~&* --, a Notary Public, personally appeared gmn Q. ~h*~2 --, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s> @;tl.e subscribed to the within instrument and acknowled to me thate/ttrey. executed the same in Wt+~/t&bauthorized capacity(ie and that byM-s@t;kd.r slgnature(s1 on the instrument the person(s1, or the entlty upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and offlclal seal. SI gnature elof2 e e ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION This is to certify that is a public agencylprivate association acceptable to the Executive Director of the California Coastal Commission to be Grantee under the Offer to Dedicate executed by on , and recorded on , in the office of the Recorder of County as Instrument No. DATED : CALIFORNIA COASTAL COMMISSION i’ - __- .-. ._ STATE OF CALIFORNIA COUNTY OF On , before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s1 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci ty(ies), and that by his/her/their signature(s) on the instrument the person(s1, or the entity upon behalf of which the person(s1 acted, executed .the Instrument. WITNESS my hand and offlclal seal. SI gnature Page 2 of 2 71 771 L. !i *a, I '-' 'I 4' ' 1 2, 3 0 .I 5 6 7 a 9 lo I.1 12 13 14 15 16 17 18 19 20 21 22, 23 .' 24 25 26 27 J RT PAPER TI OC CALICOIMIA 113 inw. 1.721 0.C .. Recording Requested and 'Ahen Recorded Return to: 631 Hawarl! Street, Fourth Floor Sari Francisco, California 94105 Attention: Legal Department , ... r'' . ,i' 3r California Coastal Comnission . , . , . . . . , .'., /' . . 3 r '- I , ,, SAPZXI Title Ir BY : g. LL !J&y IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND . 'DECLARATIONS OF RESTRICTIONS THIS IRREVOCABLE OFFER AND DEDICATION OF OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICTIONS (hereinafter "Offer") is made this (1) March 24 , 1983 , by (2) L, R, Partnership (hereinafter referred to as "Grantor"). 1. real properties located in the County of (3)' State of California and described in the attached Exhibit A (hereinaft referred to as the "Property"); and 11. WHEREAS, a71 of the Property is located within the coastal i as defined in Section 30103 of the California Public Resources Code (v code is hereinafter referred to as the "Public Resources Code"); and 111. WHEREAS, the Cal ifornia Coastal Act of 1976, (hereinafter referred to as the ''Act") creates the California Coastal Comission (hereinafter referred to as the "Comnission") and requires that any development approved by the Comnission must be consjstent with the PC of the Act set forth in Chapter 3 of Division 20 of the Public Resoul Code; and IV. WHEREAS, Pursuant to the Act,'Grantor applied to the Comnii for a permit to undertake develtlpment as defined in the Act within t NHEREAS, Grantor is the legal owner of a fee interest Of Cer' San Diego Exhibit 4. ---==-- II .* .I 4' 1 2 3 4 5 6 7 8 9 lo 11 12 ' 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 IRT PAPER 'c oc uLrranuiA iia [Rev rn.7~1 0.- 0 -2- I 0 COastaI zone of (4) an ijleEO County (hereinafter the llpermi t"); and WHEREAS, a coastal development permit, No. (5) 6-82-501 granted on (6) December 16 , 19 - 82 , by the Comission accordance with the Provisions of the Staff Recornendations and Finding (Exhibit E) attached hereto and hereby incorporated by reference, subje to the following condition:(7) Applicant shall record an irrevocable offer to dedicate to City of Carlsbad an open space easement over the wetland bc area shown on Exhibit B. The open space easement shall prc any improvements within the defined wetland buffer area including landscaping and accessory structures unless apprc by the California Department of Fish and Game and Executivc Director of the California Coastal Commission. The easement shall specific- allow for construction of public acces ments consistent with Special Condition #'3 of this perrrd-t and the fenc required by Special Condition #4 of this pexmit. The easement shall 3 that the public access improvements areas to remain open to the genera at all times. Maintenance of the buffer area, including the public ac improvements and habitat protection fencing reqyirements detained in : conditions @ and& af this permit and attached in Exhibit E to this ( shall be the responsibility of the Homeowners Assocationt This re@ shall be made a part of the covenants, conditions, and restrictions (( the subdivision. A copy of the CC&Rs incorporating this requirement 1 submitted to the Executive Director prior to occupancy of the first cc residence. run in favor of the People of the State of California, binding succes assigns of the applicant and/or landowners, and &all be recorded ~d. other liens and encumbrances except tax liens. me offer to dedicate be Fn a form and content acceptable to the Executive MreCtOr. The Offer shall be irrevocable for a period of 21 years, WHEREAS, the Commission, acting on behalf of the People of State of California and pursuant to the Act, granted the Permit to th Grantor upon condition (hereinafter the "Condition") requiring inter that the Grantor record a deed restriction and irrevocable offer to dedicate an open-space easement over the Property and agrees to restr development on and use of the Property so as to preserve the open-spz scenic values present on the property and so as to prevent the adver! L t' 1 2 3 4 5 6 7 8 9 lo l1 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 RT PAPER rr or ULIIORMIA 113 cncv a.72 .. 0 0 -3- direct and Cumulative effects on coastal resources and public access to coast which could occur if the Property were not restricted in accordanc with this Offer; and VII. WHEREAS, the Commission has placed the Condition on the permi because a finding must be made under Public Resources Code Section 3060 that the proposed development is in conformity with the provisions of Chapter 3 of the Act and that in the absence of the protections provide the Condition said finding could not be made; and VIII. WHEREAS, Grantor has elected to comply with the Conditil and execute this Offer so as to enable Grantor to undertake the develo authorized by the Permit; and IX. WHEREAS, it is intended that this Offer is irrevocable and s constitute enforceable restrictions within the meaning of Article XI11 Section 8 of the California Constitution and that said Offer when acce shall thereby qualify as an enforceable restriction under the provisic the California Revenue and Taxation Code, Section 402.1; NOW THEREFORE, in consideration of the above and the mutual benefit and conditions set forth herein, the substantial public benef for the protection of coastal resources to be derived, the preservati the Property in -open-space uses and the granting of the Permit to the by the Conmission, Grantor hereby irrevocably offers to dedicate to t State of California, a political subdivision or a private associatior acceptable to the Executive Director of the Conmission (hereinafter, "Grantee"), an open-space easement in gross and in perpetuity for li! air, view, and for the preservation of scenic qualities over that cer portion of the Property specifically described in Exhibit B (hereina the Protected Land); and 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 20 0 -4- 0 This Off- and Declaration of Restrictions subjects the Property tc the follcrwing tern, conditions, and restrictions which shall be effecti frcm the tims of recordation of this ins-t. 1. USE OF PmPm. The use of the Protected Land shall be limit to natural open space for habitat protection, private recreation, and ~~~urce conservation uses. NO developrrent as defined in Public ~esources code, Section 30106, attached hereto as Exhibit C and incorporated herein by fhis reference, including but not limited to, r€roval of trees and other major or nativc vqetation, grading, pa-, or installation of structures such as sign buildings, etc., shall occur or be allawed on the Protected Land with t exception of the following subject to applicable goverrrmentdl regulator r-mts: (a) plants or trees. (b) the renrxdl of hazardous substances or conditions or disease the rmval of any vegetation which constitutes or mnkribut a fire hazard to residential use of neighboring properties, and which vegetation lies with 100 feet of existing or permitted residential dew the installation or repair of undeqmd utility lines and (c) Sys-; (d) the- develo-t required by Conditions 3, 4, 5 and 6 of Spec. conditions contained in Notice of Intent to Issue Permit, Application 1 501/CI'82-7/CP-209, which Special Conditions are set out in Exhibit Ha incorporated herein by this reference. 2. RIGHT OF E"W. The Grantee or its agent my enter onto the Propertytoascertarn * whetha the use restrictions set forth above are observed at &s reasonably acceptable to the -antor. 3. BENEFTT AND BURDEN. This offer shall run with ard burden tk 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 0 -4A- 0 pm, and dl1 obligatlons, tenns, mndlhons, and restrlctlons here -sed shall be deemed to be covenants ard restrictions running with t 3, 1 2 3 4 5 6 7 8 9 lo 11 12' 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 UT PAPER t, :: %:!?NL"Z ..I 0 -5- 0 land and shall be effective limitations on the use of the Property from * date of recordation Of this document and shall bind the Grantor and all successors and assigns. This Offer shall benefit the State of Californi, 4. CONSTRUCTION OF VALIDITY. if any provision of these restrictio is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 5. ENFORCEMENT. Any act or any conveyance, contract, or authorization whether written or oral by the Grantor which uses or woul cause to be used or would permit use of the Protected Land contrary to terms of this Offer will be deemed a breach hereof. The Grantee may br any action in court necessary to enforce this Offer, including, but not limited to, injunction to terminate a breaching activity and to force t restoration of all damage done by such activity, or an action to enforc the terms and provisions hereof by specific performance. It is underst and agreed that the Grantee may pursue any appropriate legal and equit, remedies. The Grantee shall have sole discretion to determine under wl circumstances an action to enforce the terms and conditions of this Of shall be brought in law or in equity. Grantee to enforce the terms and provisions hereof in the event of a b shall not be deemed a waiver of Grantee's rights regarding any subsequ breach. 6. Any forbearance on the part of TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be all real property taxes and assessments levied or assessed against thc Property. 7. MAINTENANCE. The Grantee shall not be obligated to maintain improve, or otherwise expend any funds in connection with the Propert any interest or easement created by this Offer. All costs and expens , 1, 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 -6- 0 such mhtmce, %mvarrtnt use, 01: possession shall be borne by the Grantor, except for costs mcurred by grantee for monitoring carrpliance the terms of this easmt. 8. LJABILJ'I'Y AM) INDEM!LWICATION. This conveyance is made and ac upon the qESS condition that the Grantee, its agencies, dew-, agents, and W~W~S are to be free fran dl liability and claim for d reason of any injury to any person or persons, indlcding Grantor, or pr Of any kind wfiafZsO3Vt2r and t0 - belOIlging, inChdblg Grantor, cause or causes whatsoever, except matters arising out of the sole negl of the Grant-, while in, upon, or in any way cannected with the pra~er Grantor hereby covenanting and agreeing to inddfy and hold harmless Grantee, its agencies, departments, officer, agent, and arployees frun bility , loss, cost, and obligations on account of or arising out of suc injuries or losses hcxJever occurring. This menant and agreanent to 1 and hold harmless the Grantee shall not bind Grantor after Grantor no 1 holds fee title, but shall be binding p Grantor's successors and as$ The Grantee shall have IIO right of control over, nor duties and resprc with respect to the Property whch would subject the Grantee to any lii cccurring qcm the land by virtue of the fact that the right of the Gr, enter the land is strictly limited to preventing uses inconsistent wit interest grantid and does not include the right to enter the land for puIpsesof cow ' any -emus condition as defined by cdliforni Government code Section 830. 9. S-RS AND FssIC?!lS, The tenns, carenants, conditions, e obligations, and reservations contained in this Offer shall be birding and inure to the benefit of the successozs and assigns of both the Gra an3 the Grantee, whether voluntary or involuntary. 10. TEX4. This irrevwable offer of dedication shall be bindin! I 2 3 4 5 6 7 a 9 lo l1 12' l3 l4 15 I.6 l7 18 l9 2o 21 22 23 24 25 26 27 IT PAPER or cALICOR*IA 13 IRCV a.721 9.C 0 -7 - e the Owner and the heirs, assigns, or successors in interest to the Propel described above for a period of 21 years. acceptance of this offer by the grantee in the form attached hereto as Exhibit D, this offer and terms, conditions, and restrictions shall have the effect of a grant of open-space and scenic easement in gross and Upon recordation of an perpetuity for light, air, view and the preservation of scenic qualities over the open-space area that shall run with the land and be binding on parties, heirs assigns, and successors. Acceptance of the Offer is subject to a covenant which runs with t land, providing that any offeree to accept the easement may not abandon but must instead offer the easement to other public agencies or private associations acceptable to the Executive Director of the Commission for duration of the term of the original Offer to Dedicate. Executed on this% & day of flh fd, /9a 9 at Carlsbad , California, DATED:c '3 -6O-m L. R, PartnershiD TI- R- Part-qhin OWNER OWNER &% IArYI-7- By Arthur Tony xoward-Jones, TYPE OR PRINT NAME ABOVEGeneral Partner (NOTARY ACKNOWLEDGMENT NEXT PAGE) /I I/ /I // // /I /I I/ // 1 2 3 4 5 6 7 8 9 LO 11 12’ 13 14 15 16 17 2a- TO tB4. CA (hmrship) -8 - NOTE TO NOTARY PUBLIC: If yOorenotdJIj_Li_nq the signatures of anyone signing on behalf of trust, corporation, partnership, , etc., please use the correct notary jurz -- - (acknowledgment) as explained in your Notary law Book, State of California 1 County of Sari Diego 1 1 ss On this 30th day of March. 1983 , in the year 1983 before me -.‘the”dndeElgned , a Notary Public, persona James V, Jensen and appeared Arthur Tony Howard-Jones personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to this instrumel and acknowledged that he/she/they executed it. NOTARY PUBLIC IN AND FOR SAID COUNTY STATE fl.74) TNlHswuNQ 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 I RT PAPER PI oc UL~IQRNIA t13 ,"CY 8 72 0 -9 - e This 1s to certify that the offer of dedication set forth above is hereby acknowledged by the undersigned officer on behalf of the Californ Coastal COmnission Pursuant to authority conferred by the California Coastal Co~ission when it granted Coastal Development No. bLx2- d on &/b- Y2- , and the California Coastal Comnission conse to recordation thereof by its duly authori Dated: J-01CI b , 19K -3 / California Coastal Commission STATE OF &) COUNTY OF L) 1! )ss On Notary Pub1 ic, p personally known to me to be (or proved to me on the basis of satisfact evidence) to be the person who executed this instrument as the 117 9 a- , and authorized representative of TITLE California Coastal Comnission and acknowledged to me that the Californ Coastal Comnission executed it. Witness my hand and official seal. County and State I '. e e mIBIT A Property 'That portion of Lot ''1" of Rancho Agua Hedionda, 5n the'City Qf tarlsbad, County of San Diego, State of California, according to P;ap thereof (io. 823, filed in'the Office of the county Recorder of San Diego County, desct3bed as follaws: BEGINNItIG at Corner No. 15 of said lot "I" as Shown on said Kap !do. E23; ttience southeasterly along the southerly line of raid lot *'I*'. 5 53' 44' 35" f 493.45 feet to the most southwesterly corner of that parcel of land described fn deed to Robert W. Phipps, et ux, recorded October 29, 195e, under Docunent bo. 179767 of Official Records; thence elorig the boundary line of said lznd zs. folloss: (Record-N 24" 53' 58" E) 597.E feet; thence continuing along said boundary line 5 47" 36' 05" E 153.79 feet to the beginning of a tangent curve, conceve northerly, having a radius of 355.00 fEet; tk.encc easterly along s2id curve 376.92 feet, through an sngle of 60' 50' 00"; Zhence tangent to said curve N 71" 33' 55" E '100.40 feet to the nor.th-,'b ..,__ .:.. , easterly corner of said land and the ?RUE. PO11.J OF . .:.*'-Si.- : '- BEGIh'fiING; thence continuing 11 71" 33' 55" f 206:f4 g.eei;'--l::>,: fl,u(?..rr> - .. . thence 5 S9' 29' 39" .f 251 -51 feet; thence g 25* .31'-35''.3! ,.+-: 902.08 feet to the southwesterly line of said tot; thence~,i;~;~;+~-. FI 64" 25' 37'' X, along said southwest~rly 1 ine .W3.;03 Teet :--* .. ;!... to the southezsterly corner of said PhippS land; thence . --.- - N 25" 01' ,15" E along the routkersterly line of Seid .)and, 780.49 feet to the true point of beginning. N 25" 01' 15" f - 9. fXCEPTING THEREFROM ail oil, gas and other hydrocarbons lylng 500.00 feet below the surface of said 'land. but without right of entry to,TenoVe the same, as granted to Carlsbad Bay Properties Ctd., a timited partnership by deed recorded June 10, 1968, a.s file fro. 96383. SaId land is shown on that certain record if survey recorded cs Survey h'o.qOl~ Records of San Diego County. . C' END OF DCSCRIFTION. * - 0 0 MITAT ppoTEGTIcxI1 4 WX4'i'I\Fc e AT-i@TjUi $? S-SZ-WI/cT $2-7/cP~2OcI Lkfj/X3 IT- L 6 P %mtEWt?, LVe 63 E. e e EXHIBIT B-& Protected Land A parcel of -3and being a portion of Lot X of .Rancho Agua Bediond in the County of .Sa Diego, State of *CaIifornia, according BO ~a thereof No. 823, filed in the Office mf the County Recorder, mf said County of said State, more particulary described as €ollowr Beginning ut the Northeast corner ot the parcel of ZanU shown 01 Record of Survey No. 9017, on file in the Office of the County Recorder of said County of said State, said corner 'being E pin1 on the centerline of Park Drive as shown on said Record of Survc NO. 9017: thence, along the Easterly, Southerly and Westerly boundary lines of said parcel; the following courses: thence, south 25"01'15" West 662;37 feet; thence; North 33636gA3* week 404.57 feet; thence, North 2So0l815" East 101.15 feet to CI pOin on a line which is 100-00 feet and parallel with, measured at right angles to said Southerly boundary line of said parcel: th leaving said Westerly boundary line along said parallel line, South 73@36'47" East 303.42 feet io a point in CL Zinc which i8 100.00 feet and parallel with, measured 8t right angles to Said Easterly boundary line of said parcels thence, leaving said parallel line to the Southerly bounaary line, along said parall line to the Easterly boundary line, North 25"01'35" ,East 586.01 feet to Q point in the Northerly boundary line of .said parcel; thence, leaving said parallel line to the Easterly bounaw Tin along said Northerly boundary line, South 59u29'39' East 300-46 feet to the POINT OF BEGINNING. . e -4 :'-. - -___ - . -L .- ---. 0 0 EXHIBIT C Public Resources Code Section 30106 [ 30106. Development erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseouso liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (comencing with Section 4511). to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone 1 ine, and electrical power transmission and distribution 1 ine. llDevelopment" means, on land, in or under water, the placement or , but not limited to, subdivision pursuant to the Subdivision Map inc1udin7 Act camnencing with Section 66410 of the Government Code), and As used in this section, "structure" includes, but is not limited I L 0 0 EXHIBIT D Recording Requested by and When Recorded Mail To: California Coastal Commission 631 Howard Street, 4th Floor San Francisco, California 94105 At tent i on : Legal De partmen t CERTIFICATE OF ACCEPTANCE OFFER OF DEDICATION OF OPEN SPACE EASEMENT This is to certify that the Offer to Dedicate Open Space Easement executed by hereby acc on 9 19- and recordt 9 19 in Book - 9 Page ,-, of the Official Recorc the Office of the Recorder of County. BY Dated For STATE OF CALIFORNIA 1 COUNTY OF 1 On , 19 , before the undersigned, a Notary Public and for the said State, personally appeared Title of the acknowledged to me that he executed the same. WITNESS my hand and official seal. known to me to be the , who executed the within instrument a Notary Public in and fo County and State Page 1 of Two Pages 0 e ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION This is to certify that is a public ageW/Private association acceptable to the Executive Director ( the Comni ssion , Cal i foi Coastal ComniSSiOn to be Grantee under the above described Offer to Dedicatii Dated Executive Director Coastal Comni s STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before the undersigned, a Notary Public in and 1 said State, personal ly appeared Name 9 Title of the California Coastal Comnission and known to me to be the person who executed the within instrument on behalf of said Conission, and acknowledg me that such Comnission executed the same. Witness my hand and official seal. Notary Public in and for said County and State Page 2 of Two Pages e a EXHIRIT E- I Developlwt required by Notice of Intent to Issue Permit, Application NO. 6-82-501/Cr82-7/CP-209 t Special Conditions Paragraphs 3,4,5 ard 6 : 1. Construction Of minimum 5 foot wide public access westrial trai within the required buffer area as per agreement with the state Deparmt of Fish ard -0 2. Provision of a mbshnnn of four public parking spaces at the terminus of proposed public sweet "Agg sham on the site plan. 3. Construction of bm benches and one drinking fountain at convenic locations along the access way subject to executive director approval. 4. Construction of bike rack and trash receptacle at the terminus o public street "A" as sham on the site plan. Construction of signs identifying the availability of public acc and parking for passive recreation purposes, ?ubject to executive directs approval. 5. 6. Installation of fencing along the wetland dge of the buffer arc concurrent with developrwt of the project, subject to approval by the executive director and consultation with the State Dewt of Fish an3 Gare. 7. All grading specified in Rick Engineering Ccmpany Drainage and Sedimntation Study dated February 24, 1983, suhnittd by applicant as a run off ard erosion control plan, including the installation of pipes arid drainage structures in conjunction therewith, subject to written approval by the executive director. 8. Installation of all lanlscaping, including an irrigation systar pursuant to the Lanjscape Plan by Gerald L. Garner dated February 24, 198 submitted by applicant, subject ta written approval of the executive director. 0 0 . staie of C2iijorr.u. tdmund (3 "(pb Jr . Go.-,rrx)r Filed: QP Novcmhc?r 15, 1; 45th say Janur-f 3, 19ti: 180th Day: b!ay L.:, 1383 Staff: CD: Ism: lro Staff Reprt: Novcrrhcr 29, 15 . sn ~i~go, California 92120 Eearing Date : CeceTker 14-17, a' /! California Coastal Carnm1ss1on G~ Diego District 6154 Miszion Gorge Road, Suile 220 €TC. (714) 280,6?92 C*NDIT\ONS, FIND'T.IGS, ATSS 636.5866 MODI~\~D IN ~~gE30Um EGULqR CALENDAR SEE SUBSEQu STAFF REPORT AND PRELIMINARY pECObWNDATION Application NO. 6-82-501 FOR cob'ti\l"r\ss\ Applicant: I, 6 R Partnership, Ltd. Agent: The Agatep Corporat (Joe Sandy) Description : ' Site preparation and construction of 161 residential units consisting of two tract maps as follows: 1) a 115 unit Planned Unit Development comprised of 11 tri-plexes, 17 four-plexes, 6 duplex ty e structures and two custom singlt family homes sites on 29- acres; 2) 46 condominium units 01 6.3 acres. The two tracts xt! separated by Park Drive, an existing road. Statistics for the 29 acre tract: Lot Area: 29 Acres Building coverage: 148,104 sq.ft. (12%) Pavement coverage: 287,496 sq.ft. (23%) Landscape coueraqe: 588,060 sq ft. (46%) Unimproved Area: 239,580 sq.ft. (19%) Parking Spaces: 324- Zoning: (PC) Planned. Community Plan Designation: RM Project Density: 4 du/ac. e ) Residential Medium (4-10 du/ac) Ht abv fin grade: 24 feet Statistics for the 6..3 acre tract: Lot Area: 6.3 Acres Pavement coverage: 56,628 sq.ft. (21%) Laridscape coverage: ). 174,240 sqft. (63%) Parking Spaces: 104 Zoning : PC (Planned Commuriity) Building coverage: 43,560 sq.ft. (16%') Plan Designation: RMH Residential Medium - High (lo-: . Project density: 7.3 du/ac Ht abv fin grade: 24 feet Located north and soutn of Park Drive, west of Valencia C in the City of Carlsbad. Site: Substantive File Documents: - Certified Agua Hiedionda Land Use Plan (May, 1982 Versi ?\Ab ii ,I( t -- 6-82-501 Page TWO ;? , .;' 0 \ - California State Department of Fish and Game letter to the Coasta1 Comission, (Tom Crandall) dated April 1, 1982. California State Department of Fish and Game letter to Joe Sandy, dated November 12, 1982 276-80, and 6-81-168 . - - Coastal Development permits: ~7453, 233-78, 196-79, 237-79, J SUMMARY OF STAFF'S PRELIMINARY RECOMMENDATION; Staff is recommending approval with conditions addressing open space easement requirements over steep slopes and environmentally sensitive habitat areas, gi and runoff controls, buffer area and access easement requirements, State Land: Commission review, public access signing and improvements, and landscaping. STAFF RECOMMENDATION: The Staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit €or the proposed development.. on t grounds that, as conditioned, the development wiil be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not preju the ability of the local government having jurisdiction over the area to prep a Local Coastal Program conforming to the provisions of Chapter 3 of the Coas Act, and will not have any significant adverse impacts on the environment wit the meaning oi the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. SDecial Conditions. The permit shall be subject to the following special conditions. Becau! project actually involves two tract maps and,is easily divisible, the specia: conditions have been designed to correspond to the separate tract maps. Thii allows, in effect, for the pennit to be structured to provide for the phased lease in relation tothe tract maps should the applicant choose to commence development on one of the tract maps prior to meeting all the terms and cond of the other tract. A. Conditions Related to the 115 Unit Subdivision (City of Carlsbad CT 8 1. Steep Slopes open Space Easement. Prior to transmittal of the,pem applicant shall record an irrevocable offer to dedicate to the City of Cgrls other public agency, or to a private association acceptable to the Executive an open space easement over the steep slope are : . Sai space 4zi?$&iGnt shall przhibit any alteration of andforms, placement or rem0 ' vegetation, or erection of structures of any type, unless appr6ved by the Ca Coastal Commission or its successor in interest. b \ The offer shall be irrevocable for a period of 21 years, shall run in f the People of the State of California, binding succc?ssors and assigns of the applicant and/or landowners, and shall be recorded prior to all othcr liens encumbrances except tax liens. The offer to dedicatc shall be in a form anc content acceptable to the Executive Director. 6-82 -56 1 0 (L Pa¶c J 0 c 2, c__ -___. 1 Gradin1 and Ercsion Control The api,licant L;blall comply with the following conditions related to grading and erosion control: a) RunoEf Constr*ol. Friar to the transm;tta1 OE the permit, the a1 ,-ant shall submit d runoff Control plan prepared by a licensed encjineer qualj in hydrology and hydraulics which would assure that there will be no incrcast peak runoff rate from the developed site Over the greatest discharge expectcc from the existing undeveloped site as a result of a lo-year frequency storm, &hour duration. Runoff control shall be accomplisked by a variety of measul including, but not limited to, on-site catchment basins, detention basins, siltation traps, and energy dissipaters. Stlb-drainage systems, if necessary to remove grbundwater from the bluffs shall also be incorporated. Said plan: including supporting calculations shall be submittec. to, reviewed and accepti in writing by the E%ecutive Director. Director's review and acceptance in writing, detailed maintenance arrangemen for providing the ongoing repair and maintenance for all approved drainage a erosion-control facilities. The applicant shall also submit, for b) ~ll grading activities shall be prohibited within the period fi October 1 to April 1 of any year. A grading schedule shall be submitted to approved in writing by the Executive Director and any variation from that schedule shall be promptly reported to the Exeoutive Director, c) Any necessary permanent erosion control devices shall be devel . and installed prior to or concurrent with any on-site grading activities. d) All areas disturbed by grading shall be planted within 69 days the initial disturbance and prior to October 1 with temporary or permanent the case of finished slopes) erosion contrdmethods. Said planting shall t accomplished under the supervision of a licensed landscape architect and sh consist of seeding, mulching, fertilizationand irrigation within an appropr lead time prior to October 1, to provide adequate coverage. Planting shall repeated if adequate coverage is not established. Z,LS requirement shall i to all disturbed soils including stockpiles; e) Off-site Desilting Basin. The preliminary drainage plan for - project indicates that a temporary desilting basin would be installed off- (on the 6.3 acre parcel owned by the applicant) south of Park Drive across the intersectson of. the proposed Neblina Drive extension. The desilting b would collect the majority of the runoff and silt attributable to the 115 PUD , Prior to transmittal of the permit, the applicant shall submit, for the Er Director's review and acceptance in writing, detailed maintenance arrangen for providing the ongoing repair and maintenance of the desilting basin, including provisions should the 6.3 acre parcel be sold to another party. The design of the basin shall be approved by the Executive Director in cor sultation with the State Department of Fish and Game. Future modificatia or removal of the desilting basin will require an amendment to this permil Prior to the issuance of the permit, a detailed lni plan indicating the type, size, extent and location of plant materials, t proposed irrigation system, and other landscape features shall be submitt to, reviewed, and determined adcquntc in writing by the Executive Directc 3. Landscapins. - 6-22-50; , I' ,, I e e Pa3e 4 L e I Drought tolerant Plant rnAterials ind nst.ivp vucjctation shall be utllizcd to maximum extent ffeasible. The p1sr.t materials snall include species of trees and shrubs which at mat.uritY .asill obtain siqnificant heiqht and breadth in order to Soften the visual Lrapacts resultant from the substantial landform alteration. 4. Separate Coastal Devcilopment Permit for the Two (2) Custom Lots, N site preparation (grading) or building construction is approved by this perm for the two parcels designated on the tentative map as custom lots (referenc Exhibit 2). A separate coast21 development pcrmit(s) shall be required pric to develpment of these two large parcels, B, Conditions Re1att.d to the 46 Unit Condominium Development (City of C; CT 82-7/CP-209) 1, .State Lands Determination, Prior to transmittal of the permit the cant shallresent evidence to the Executive Director that the State Lands ( mission has reviewed the project, including the offer to dedicate the 1.9 2' and has found the project consistent with the public trust. Such evidence be in the form of a written statement from the State Lands Commission ackno, ledging that the proposed dedication satisfied any public trust claims, 2. Open Space Dedications/Access Easements. Prior to transmittal of permit, the applicant shall fulfill the following requirements: a) The 1.9 acres Wetland Portion of the Property, Applicant shal record an irrevocable offer to dedicate iil fee or as an open space easement The offer s-hall be to a public agency 0 a private association acceptable to the Executive Director. Said offer sha prohibit any alteration of landforms, placement or removal of vegetation, c erection of structures of any type, unless approved by the California Coast Commission or its successor in interest. The offer shall specifically allc for wetland enhancemen; prolects approved by the California State Departmer of Fish and Game and the California Coastal Commission or its successor in . 1.9 2 acre< interest, "5) Wetland Buffer Easements. Applicant shall record an irrevocal offer to de-dicate to the City of Carlsbad or other public agency, or to a I assocation acceptable to the Exicutive Director, an open space easment ove: wetland buffer area. The cpen space easement shall pro1 any improvements within tne defined wetland buffer area including landscap and accessory structures unless approved by the California Department of F and Game and the Executive Director of the California Coastal Commission, The easement shall specifically allow for construction of public access im ments consistent with special condition #3 and the' fencing required by spe condition #4 of this permit. The easement shall stipulate that the public access improvements areas to remain open to the general public at all time Maintenance of the buffer area, including the public access improvements a habitat protection fencing requirements detailcd in specific conditions #! #4 and described below, shall be the responsibility of the Homeowners Assc tions (CC&Rs) of the subdivision. A copy of the CC&Hs incorporatiny this This rcquiremcnt shall be mddc a part of thc covenants, conditions and re: I 2. . 6-92-501 0 a ?aye 5 0 k requirernent shali tx suhitt.er! to the ~x~~~tive ~ircctor prior to occupancy op the first cornplctcd residcnuc. 4 c) Irrevocability Of the 9ffer. ~0th of the above offers (2a. a 2b,] shdll be irrCVOC3iilc for 3 period of 21 years, shall run in favor of the people Of the State of California, bindinq successors and assigns of th applicant and/or ldlldowners, and shall be recorded prior to all other liens and encumbrances except tax liens. The offer to dedicate shall be in a for and of content acceptable to the Executive Director. 3. public Access Improvements, Applicant shall, concurrent with deve merit of the first Phase Of the Project, install controlled public access irn merits including, but: not limited to, the following: a) A minimum five (5) foot wide public access pedestrian trail shall be constructed within the required buffer area as per agreement with State Department of Fish and Game. Final location, d adtype of materials used for the access trail shall be approved by the Exe Director in consultation with the Department of Fish and Game, The access be designed to prevent any off-road vehicle activity, . b) A minimium of four (4) public parking spaces shall be providec ..( .. the terminus of proposed public street "A" shoh on the site plan,. . - z. cl At least two benches, and one drinking fountain shall be provj at convenient locations along the accessway subject to Executive Director i d) A bike rack and trash receptacle shall be provided at the terrr of public street "A" shown on the site plan. e) Signs identifying the availability of public access and parkir: passive recreation purposes shall be installed, At a minimum, signs shall located at the intersrrtion of Park Drive and proposed public street ''A''I 2 the intersection of public street "A" and the access trail and at the intei section of Park Drive and the access trail, The signs shall be attractive] .. designed, with the precise design, script and location to be approved by tl Executive Director. 4. Habitat Protection Fencing Requirement. Applicant shall install f along the wetland edge of.the buffer area concurrent with development of t of the project. The design and height of the fencing shall be submitted t and approved by the Executive Director in consultation with the State Depa of Fish and Game. The fencing is intended to deter human activity and dom from occuring in adjacent environmentally sensitive hab'itat areas. p 5. Grading and Erosion Control. The applicant shall comply with the conditions related to grading and erosion control: Runoff and Erosion Control. Prior to transmittal of the per' applicant shall submit a runoff and erosion control plan prepared by a lic engineer qualified in hydrology and hydraulics. The runoff and erosion co plan shall be implemented prior to or concurrent with any on-site grading and shall include measures adequate to contain any potential erosion durin construction phase from entering the wetland areas. The runoff and erosio plan shall be submitted and approved by the Executive Director in writing. a). 6-a2-501 0 Page 6 Q 0 L b) All grading activities chall be Drohibited within the period fr, October 1, to April 1, of any ;'ear, A grading schedule Shall be submitted tl and approved in writinq by the Executive ;)irector and variation from that \ gchedulcl shall be Promptly reported to the Executive Director. c) Any necessary permanent erosion control devices shall be develc ad installed prior to or concurrent wit11 any on-site grading activities, d) All areas disturbed by grading shall be planted within 60 days the initial disturbance and prior to October l-with temporary or permanent Said planting shall k accomplished under tlIC supervision of a licensed landscape architect and sh; consist of seeding, mulching, fertilization and irrigation within an approp7 lead time prior to October 1, to provide adequate coverage. Planting shall repeated if adequate coverage is not established. This requirement shall a to all disturbed soils including stockpiles. 'the case of finished Slopes) erosion control methods. 6. LandscapinT, Prior to the issuance of the permit, a detailed land plan indicating the type, size, extent and location of plant materials, the proposed irrigation system, and other landscape features shall be submittel reviewed, and determined adequate in writing by the Executive Director. DX tolerant plant materials and native vegetation,shall be utilized to the ma> extent feasible. The plant materials shall include species of trees and st which at maturity will obtain significant height and breadth in order to SI the visual impacts resultant from construction of the project within the v of the lagoon, 7. Imported Fill Material. If the required 15,000 cubic yards of im fill for the project is obtained from a site within the'.coastal zone, the cant shall first notify the Executive Director to determine if a coastal d ment permit is required prior to importing the material. IV. Findings and Declarativns. The Commission finds and declares as follows: 1, -Detailed Project Description. Proposed is the site preparation ( struction'of 161 residential units on property of varying topography loca. along and near the-north shore of Agua Hedionda Lagoon east of the Bristo. residential complex (reference Exhibit #1, location maps). The project at consists of two separate and distinct tract maps divided by an existing rl named Park Drive; both tract maps are in the same ownership and are sepa by the existing road. Tentative maps CT B2-6/PUD 40, approved by the C Carlsbad, is for the site preparation and construction.of a 115 unit plar Unit development (PUD) on an approximately 29 acre parcel located north c Drive. Tentative map CT 82-7/CP-209, also approved by the City, is for S preparation and construction of 46 condominium units on a 6.3 acre parcel located between Park Drive'and Aqua Hedionda Lagoon. The 29 acre, 115 unit POD, would be located on a si! topographically ranges from relatively gentle sloping lands on the easte' southerly portions of the property to that of steep rising slopes on the northern and western portions of the parcel, A slope analysis prepared the applicant's engineer dcpicts the steep sloping areas with a gradient over 25%, As depicted on the slope analysis, wit . 0 c c 6-82-501 a - ' I.T ,/!,I '. Page 7 exception Of grading necessary for constructing the extension Of Neblina ~~i~ the vast majority Of stpep slope areas would be left undisturbed. would be performed to step-up the site ~~th a balanced cut and fill operation of 120,000 cubic Yards of cut and a like amount of fill. would be 2:l of gentler with the maximum cut/fill slopes being approximately 30 feet. The unit mix consists of 11 tri-plexes, 17 four-plexes, 6 duplexes and two custom single family home sites; all units are two stories in height with extensive use Of wood siding and roofs, ': Tentative map approval requires all roof materials to be fire re<ardant, Site preparation and construction plans. were not submitted for the two custon lots, As per special condition number A-4, a separate coastal develpment is required prior to grading Or construction activity being permitted on the tw custom lots. The 6.3 acre, 46 unit condominium development is located on a nearby level s and as previously mentioned, is between Park Drive and the lagooq Because of potential public trust claims, the applicant has neqotiatedFa settlement with the State Lands Commission which requires dedi- cation in fee of an additional 1.9 acres lagoonward of the 6.3 acres being developed, A 100 foot buffer along the southern and eastern boundaries of t 6.3 acres is also proposed to protect the wetland habitat resource.. Site pr aration involves approximately 2,000 cubic yards of cut and 17,000 cubic yar applicant shall notify the Executive Director of the Coastal Commission to determine if a coastal development permit is required as per special conditi nunber B-6, The unit mix consists of 5 eight-plexes and 1 six-plex, all twc stories in height, and all incorporating extensive use of wood siding and rc Again, as a condition of the tentative map, all roof materials must be fire retardant, Grading \ Cut and fill slopes - of fill. If the import material is from a site within the coastal zone, thc -cI 2, .Project Relationship to the Certified Agua Hedionda Land Use Plan. August 27, 1982, the Coastal Commission certified the Agua Hedionda Land Us, Plan (the May, 1982 version) as resubmitted by the City of Carlsbad, The A< Hedionda Land Use Plan (LUP) is a segment of the City of Carlsbad Local Coa Program (LCP) which consists of approximately 1,100 acres including the 230 acre Agua Hedionda Lagoon. The lagoon is one of the 19 coastal wetlands identified by the California Department of Fish and Game in its report entitled "Acquisition Priorities for Coastal Wetlands of California," Because of the recognized resource values of the lagoon, the Aqua Hedionda LUP includes detailed provisions regarding such tings as! grading and runof controls, steep slope open space requirements, easements for wildlife buffe areas and public access requirements. The proposed development is the first substantial project to be reviewed b! the City since the Agua Hedionda LUP was certified. It is obvious that thc applicant has designed the project to comply with the requirements of the ~ and that the City is considering the Agua Hedionda LUP as the guide for . approving projects within the LUP boundaries, However, since the Agua Hedionda LUP has not yet been effectively certified due to the City's havi not yet transmitted a resolution accepting -the Coastal Commission's action the LUP, and since the City has not yet prepared an interim permit process ordinance, the Commission must still issue a coastal developmcnt permit. Additionally, since the project apparently involves public trust lands, ev $-.- - t . ./ * Further, SectLon5 X231 dnd 20240 &re part1cular-y ap1:licable to protcc;tinq environmentally sensitive hJi3itats from inconpatlble uses and adverse inpacts that could result from dcvclowent of adjacent upland areas. In the report titled The Natural Resources of Aaua tkdionda Lagoon prepared by the California Department Of Fish and Game and the u.S. Fish Wildlife Service (June, 1976), the Significance of the lagoon is established. That report include the following corinents : water-associated birds are the most abundant and obvious of the lagoon wildlife. Fiftyfive species of water-associated birds, like the shorebirds, waterfowl, wading birds and other marsh birds, have been identified at Agua Hedionda. Several species of water-associated species that are designated as rare or endangered occur at the lagoon, including the California least tern and Belding's savannah sparrow, which nest at the eastern end of the lagoon. Other birds commonly seen about the lagoon, do*&le-crested Cormorant and black-crowsed night heron. Forty- Seven landbirds also have been recorded, as well as 27 mammals, 4 amphibians, 5 lizards and 8 snakes. The greatest threat to the present statusso€ Agua Hedionda Lagoon and its wetland habitats is the continuing pressure for development of the lagoon ar.d its watershed. The demand is for three principal types of development; 1) recreational, 2) residential and 3) industrial. but in decline in the San Diego area, are the western grebe, In response to the ianquage contained in the hgua Hedionda Land Use Plan, the policies of the Coastal Act, and the acknowledged concerns of the California Department of Fish and Game, the applicant has met with the various agencies ii to negotiate a settlement regarding the public trust issue and wetlands issue. result of these meetinss has been an agreement by all parties that the dedicat. of the 1.9 acres . . will satisfy concerns of the State Lands Comission and the Department of Fish and Game, comply with LUP language, and consistent with Section 30233(c) of the Coastal Act. In order to insure that the negotiated agreement is formalized, special condit E-1 and B-2(a) have been attached to the permit. These conditions stipulate t the applicant shall obtain, in writing, a statement from the State Lands Commi acknowledging that the proposed dedication satisfies any publia trust claims; the 1.9 acres shall be dedicated in fee or as an open space easement to an app public agency or private association acceptable to the Executive Director; and within the 1.9 acres no alteration of landforms, placement or removal of veget or erection of structures of any type shall be permitted unless approved by th California Coastal Commission or its successor in interest. Wetland enhancemc projects approved by the Department of Fish and Game and the Coastal Commissic its successor in interest would be permitted. In conclusion, the Commission finds that the dedication of the 1.9 acres will that all wetland areas on the site are preserved and protected and that issue related to any public trust claims should be resolved. With thc conditions a dedication of the 1.9 acres, the Commission finds that the project conforms t section 30233(c) of the Coastal Act and the applicable language of the Agua H LUP prcviously stated. .- b). Buffer Area for Habitat Protection. In ordcr to provide adcquat tection for the idcntificd wetland rcsourccs south and east of the area to be . ./’ : , ’ 0 e?zgc. 10 on the 6.3 acres, the nr~ua f![>diontla ~gp st-tes the following on Page 15: Beyond tile south and ca:itcrn perimctpr of the developable portion of the site an area of LOO feet in width shall remain undeveloped for the purpose of providing a buffer between developincnt and cnvironmcntally sensitive areas. AS a condition of development, the perimeter of the devclop- &le area shall be maintained/improved in a manner to prohibit uncontrolled access into the buffer area. access Control Or other minor improvements in the buffer area my landscaping, shall be subject to the approval of the buffe;; area shall be the psponsibili+-Y Of the homeowners associat;ion, ~0th the Coastal Commission and the Department of Fish and Game have recognized value of open space buffer areas. many Local Coastal Programs (UPS) including the City of Oceanside, City of Car San Dieguito ad City of San Diego LCP Land Use Plans. Similarly, the Agua He? LUP requires a 100 buffer area landward of the identified environmentally sensi habitats. I pe applicant has accomplished this objectivc the satisfaction of the State Department of Fish and Game. Special condition B-2(b) requires the applicant to irrevocably offer to dedicat open space easement over the wetland buffer area. Uses within the buffer area limited to those minor uses approved by the Deparhent of Fish and Game and tht Executive Director. Public access requirements within the buffer area are reqi by special condition 13; however, the access shall be controlled to allow pede: use only with no off-road vehicles permitted. Special condition #4 requires ii ation of habitat protection fencing within the buffer area which is intended tc deter human activity acd domestic pets from occuring in the adjacent environmei sensitive habitat areas. Section 30240(b) of the Coastal Act states that: Buffer. area requirements have been included .. 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. The inclusion of the 100 foot wide buffer open space on the site plan is para by incorporation into special condition B-2(b); therefore, the Commission find that the 46 unit condominium complex, as designed, is consistent with Section of the Coastal Act and is compatible with the adjacent environmentally sensiti habitats. c). Steep Slope Preservation. As noted above, Section 30240(b) of tt Coastal Act requires that new development adjacent to environmentally sensitif habitats be designed so as not to create adverse environmental impacts which degrade the value of the habitat resource. Sections 30231 and 30253(2) of tht also support protection of environmentally sensitive habitats, stating- that: . 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, amonq other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of grouid water supplies and substantial interference with - ,<*' 0 0- rci'je 11 v 4 surface water flow, encouraging waste water rcclmstion, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizirlq alteration of natural streams. (PRC 30231) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter 'natural landforms along bluffs and cliffs. (PRC 30253(2)) In response to these Sections of the Coastal Act, the City of Carlsbad in the Hedionda LUP recognized that steep sloping areas vegetated with coastal sage 2 chaparral provide significant habitat, and if graded can result in substantial erosion as well as loss of habitat. As a result, policy 4.4 of the Aqua Hedic LW was adopted and states in part: Development, grading and landform alteration in steep slope areas (25%) shall be restricted. Exceptions may include encroachments by roadway and utslities necessary to reach developable areas. The maximum allowable density ri shaU be calculated on the total lot area, although this may be modified throuqh setbacks, plan review, or other requirements of this plan and applicable city regulations. Use of the Planned Development (PD) Ordinance and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. Thc applicant, in designing thc 23 acre, 115 unit PUD, adhcrcd to the intent policy 4.4 of the LLJP. Substantial steep slope area is being left undisturbc the two large lots designated for custom single family homes. There is some minor encroachment into slope areas over 25% to'accommodate thl project; but, these are small areas which do not violate the intent of polic, Additionally, there is a greater amount of slope area under 25% which is pre as open space because-it is contiguous with the large steep sloping area on western portion of the property. On balance, the proposed plan is superior one which might more literally implement policy 4.4 since the applicant's pl retains one larger open space/habitat area. The minor encroachment on steep Slopes can be adequately mitiqated with proper runoff and erosion controls i discussed in the next section of this report. The extension of Neblina Drive through a small natural drainage area substar encroaches into a relatively rugged canyon area. However, in reviewing and approving the Aqua Hedionda LUP, the Commission was convinced that Neblina I was a necessary transportation link and found that it could be approved pro' adequate runoff and erosion control measures were included. The LUP providc those measures on Pages 35 and 36, stating in'policy 5.7 that prior to cons of NeLlina Drive the following conditions must be met: L Paye iL < 0 c ,> /:; *' A runoff Control plan prepared by a liccnscd engineer qualified in hydrology and hydrolics demonstrating that there would be no significant increase in peak runoff rate from the developed Site over thc greatest discharge expected from the exiSti.riq undeveloped site as a result of 6 hour, lO-Year frequency storm. ~~~ff control may be accomplished by a variety o€ methods including such devices as catchment basins, detenticn basins, siltation traps, or other appropriate measures. Development approvals shall include detailed maintenance provisions for repair and maintenance of approved drainage ad erosion control facilities. ad erosion Control devices shall be installed prior to or concurrent with on-site grading activities. Development shall meet all other requirements of this plan, including the provisions of the Carlsbad Grading Ordinance and Master Drainage Plan. Permanent runoff control As noted in the following section of this report, the necessary runoff and eros Control provisions are required through conditions. Therefore, the Commission finds that with inclusion of special condition A-1, which requires an irrevocak offer to dedicate an open space easement over the 'steep sloping portions of the project, that the project can be found in conformity with Sections 30240(b), 3C and 30253(2) of the Coastal Act. 4. Runoff and Erosion Control. The Commission in numerous permit decisic including all those noted under the substantive file documents list, has founc that development on steep sloping parcels and parcels in close proxidty to environmentally sensitive habitats have the potential for causing severe adverr environmental impacts due to uncontrolled or improperly controlled runoff and resultant erosion. The Aqua Hedionda LUP likewise recognizes this concern, anc in addition to limiting land alteration (grading) to slope areas less than 25% and requireing specific runoff controls for Neblina Drive, it also contains thc following provisions found in policies 4.2 and 4.3 (on page 28 of the LUP): - 4.2 Additionally, grading permits in the plan area shall include the following mitigation measures : . Coordination of grading activities with the local precipitation pattern; grading restricted during rainy season. . Avoidance of clearing operations in advance of grading. . Limit grading to the minimum area necessary to accomplish the proposed development. . . Construction of drainage facilities prior to or concurrently with grading activikies. . Grading of surfaces SO as to direct runoff toward planned drainages and, if possible, away from cut and fill slopes. , Early planting and maintenance of qround cover suitable for slope erosion control and maximum rctention of natural vegetation. a ic' 13 t c I' /. 6' ,I . Development projects stiail preserve, as feasible, natural dranage swales and landforms. - 4.3 indicated in the Master Drainage Plan, and shall limit the rate of runoff through thc provision of on-site catchment basins, desilting basins, subsurface drains, and similar improvements as necessary. Runoff shall be controlled in such a way that the velocity and rate of run-off leaving the site shall not ex(:eed that of the site in its natural state. Development projects snal.1 provide for improvements Special conditions A-2 and B-5 impose requirements which insure that policies 4.2 4..3 and 5.7 of the Agua kdionda LUP are implemented. These special conditions require: preparation and subinittal of runoff and erosion control plans; detailed maintenance arrangements for providing the ongoing repair and maintenance for all approved drainage and erosion control facilities; prohibition of grading activit] during the rainy season (October 1 to April 1); installation of erosion control devices prior to or concurrent with grading activities; and prompt landscaping oj all areas disturbed by grading. With incorporation of the special conditions relating to runoff and erosion cont: the Commission finds the project in conformity with,Coastal Act Sections 30231, 30240(b) and 30253 (2). 5. Flood Hazard. The 6.3 acre, 16 unit condominium project is adjacent to Agua Hedionda Lagoon which is the terminus of Hedionda Creek. However, since th lagoon has been dredged to an average depth of 10 feet allowing for constant tid action, the result of San Diego Gas and Electric having dredged the entire lagoc between 1952-1954 in order to provide cooling water for its Encina Power Plant, there is a very low probability of flooding on the project site even'during the 100 year fllod. The portion of the project site being developed is not within the 100 year floodplain. Therefore, approval of the project will not conflict with Section 30253 of the Cnastal Act regarding flood hazards. 6. Public Access and Recreation. Agua Hedionda Lagoon is, somewhat unique its status as a multiple-use wetland area. The lagoon provides an extensive ra of water-related passive and active recreational uses, as well as providing hab: for a wide variety of marine and terrestrial lifeforms. In preparing and revie\ the Agua Hedionda LUP, t_he City of Carlsbad and the Coastal Commission were keel aware of the need to balance the competing uses. The project site is located tc the easterly end of the lagoon where the wetland habitat area becones critical c is used by numerous species of wildlife. desired, the LUP contemplates controlled access limiting the access to pedastri, use only and prohibiting off-road vehicle activity. In this regards, in additit policy 3.8 which was previously stated, policies 7.1, 7.2, 7.3, 7.5, and 7.9 of LUP are particularly relevant. These LUP policies were developed in response t Public Access and Recreation policies of the Coastal Act and-state the followir Because of this, while public access - 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. ( 7.2 Pedestrian accessways shall be located as shown on Exhibit J. 7.3 All pedestrian trails shall be constructed to a minimum width of 5 fect. Combination bicycle/pedcstrian trail shall - - .be a minimum 10 feet wide. 7-3L.- >'., i or ? zge 14 I ,'.; 7.4 Vertical pdcctrian ;~CCCSS cascmcllts shall hC ;1 minimum 10 feet in width. Cornbination bicycle/pedes trim easements ad lateral €XiSements shall be a minimw 25 feet in width. 7.5 Bike route and pedestrian improvements shall. be financed - c_ acccrding to the following criteria: (1) Routes through established neighborhoods such as Carlsbad Boulevard and Tamarack Avenue shall be financed with City, State or Federal funds. (2) Routes adjacent to undeveloped properties shall be constructed at the expense of the developer,at the time of development, or mY be constructed by the city, subject to the availability of funding. 7.9 ~11 public use areas shall be clearly identified through a uniform signing program, to be carried out by the city of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Aqua Hedionda Plan area. - Special condition B-3 has been included to insure that public access improvemen . are provided consistent with the policies of the LUP. The condition requires that the applicint design and develop a five (5) foot wide pedestrian accessway within the buffer ar2a and running the entire distance from the terminus of prc public street "A" to Park Drives .. It is also required thz the access be controlled through fencing and/or other means in order to prohibi off-road vehicles and deter human activity and domestic pits from occuring in adjacent environmentally sensitive habitat areas. Finally the condition requix inclusion of a minimum of four (4) public parking spaces at the terminus of proposed public street "A", bike racks, trash receptacles, benches, a drinking fountain, public access signing, and detailed maintenance provisions. The Corn finds that with the inclusion of special condition B-3, the proposed project cz be found in conformity with the applicable provisions of the certified Aqua He( LUP and with the Public Access and Recreation Policies of the Coastal Act. 7. Visual Impacts-. Section 30251 of the Coastal Act states in part: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas..... Permitted development shall be sited and The Aqua Hedionda LUP recognizes that the lagoon and surroundings present a scenic open space break from the intense urban development characteristic of the Southern California coastal zone. A multitude of excellent views and vist are affordcd the public from such vantage points as found along Carlsbad Blvd. Interstate - 5, Actams Avcnuc and Park Drivc. As a rcsult, the City of Carlsba included tlic following policies in the LUP (reference page 48 of the LUP) whic are relevant to the subjcct devclopment: 0 - -- ..- @ .Page 15 0 6 * 1' /:' 8.1 Park !~'Jcnuf, AGams Avenue and Carlsbad Boulevard are deslgnJ tcd as scenic raJdgays - roads shall maintain a minimum 20 foot landscaped buffer between the Street and parking areas. ired landscaped setbacks nay include sidewalks and bikeways, but shall not include parking areas- larking areas shall be screened from the street utilizing vegetation, tyee forms, and bermsr as appropriate, 8.3 Development located adjacent to scenic roadways, or located between the road and shoreline,. shall be regulated as followes: b) --L Devclopmpnt ad jaccnt tC these I - mere no significant elevation difference exists between the shoreline and the first parallel public road, permitted development in the intervening area shall provide a view corridor, of a width equivalent to at least one-third of the road frontage of the parcel, which shall be kept free of all structures and free of reasonable viewline from vehicles passing on the public road. landscaping which at maturity would rise above a c) On all property adjoining the ShoPeline, permitted development shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to developed areas. The proposed project is consistent with the LUX? policies in that adequate landscape areas and view corridor area is provided. In'addition, the applic is proposing only two story structures with a height of 24 feet where tallei structures up to 35 feet could be permitted. Special conditions A-3 and 5-t require submittal of detailed landscape plans; the intent of the special conditions is to insure that the landscaping will soften and enhance the residential structures and minimize the visual intrusion of the project intc the lagoon viewshed. project in conformity with Section 30251 of the Coastal Act and the applica provisions of the Agua Hedionda LUP, With the special conditions the Commission finds the 8. Local Coastal Program. Section 30604(a) of the Coastal Act also re quires the Coastal Commission to find that project approval will not prejud ability of the local government ot prepare a local coastal program that is conformity with the provisions of Chapter 3 of the Act. As noted in the p: findings, the project is in conformity with all applicable Chapter 3 polic. The project is also consistent with the certified Agua.Hedionda Land. Use P. which was prepared by the City of Carlsbad. Therefore, the Commission fin{ project approval will not prejudice the City in their developing the imple! ordinances of the LCP, and that this permit should provide useful guidance City for the implementing o'rdinances phase of the LCP. b' t a .' / *' Trge 16 Application No- 6-82-501 STA~~~~~ CONDITIONS : - .. 1. Notice of Receipt and Acknowlciqcncnt. The permit is not valid and construction 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 off ice. .. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time.. Application for extension Of the permit must be made prior to the expiration date. Compliance. , All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. plans must be reviewed and approved by the staff and may require Cornmiss approval. Interpretation. will be resolved by the Executive Director or the Commission. Inspections. and the development during construction, siibject to 24-hour advance notice. 6. AssiTnment. 3. Any deviation from the approved 4. hny questions of intent or interpretation of any condi: 5. The Commission staff shali be allowed to inspect the site .. The permit may be assigned to any qualified person, provid assignee files with the Commission an affadavit accepting all terms and - conditions of the permit. I- 7. Terms and Conditions Run with the Land. These terms and conditions shz be perpetual, and it is the intention of the Commission and the permitt to bind all future owners and possessors of the subject property to the terms and conditions. \ D * .' . ' C~MMISSION ACTION ON DEC. 1 f a Approved 68 Rocommended *APPr@vsd with Changes CJ Denied 0 Other ' Denied OS Recommended . . Sari C~s.<j<> aist , 1 ' Spio of Colifornio .B I 1' ? ,- A -' &.,I e In o r a n d u ~TI Commissioners and Interested persons Date : December 15, 198 ro 1 File No.: 6- 82 - 5 0 1 I From : staff \ Subject: Staff Recommended Revisions to Special Condition A.2(a) and Exhibit #2 on Project 6-82-501 AS noted in the staff report, the applicant's preliminary drainage plan indicates installation of a desilting basin on the south side of Park Drive which would collect the majority of runoff and silt from the proposed 115 unit PUD located north of Park Drive. Culverts are propos for installation under Park Drive in order, to direct the runoff to the desilting basin. Provided the provisions of special condition A. 2 are +lfilled, staff considers the applicant's proposal to be sufficient. However, the applicant's representative has noted that a literal interpretation of special condition A.2(a) would require that the It certainly is not k! htention to require two desiltiwg/detention basins., one north of Park Drive and one south of Park Drive. Therefore, staff recommends that tl Conmission adopt the following revision to special condition A. 2 (a) ; nc revisions to the findings are necessary. Revised Special Condition A. 2 (a) , desilting basin be located north of Park Drive. a) Runoff Control. Prior to the transmittal'of the permit, 1 applicant shall submit a runoff control plan prepared by a license1 engineer qualified in hydrology and hydraulics which would assure 1 there will be no increase in peak runoff rate from the developed s: over the gfeatest discharge 'expected from the existing undeveloped site as a result of a 10-year frequency storm of G-hour duration. Applicant shall have the option of providing an off-site desiltinq detention basin south of Park Drive provided special condition A.2 has been fulfilled. Should the detailed runoff control. plan indic that, because the desilting basin is located at or near sea-level there is no need for a detention basin to prevent downstream SCOUL be accomplished by a variety of measures, including, but not limit to, on-site catchment basins, detention basins, siltation traps, z energy dissipators. Sub-drainage systems, if necessary, to remom groundwater from the bluffs shall also be incorporated. Said pla including supporting calculations shall be submitted to, reviewed the detention basin requirement may be waived. Runoff control sh2 . AWb- * aj6 2L./b, /?SA -. . 'b b dr e. Mew to Comissio~~~rS and Irlterested persons I Ece&er 151 1982 Page 2 and accepted in writing by the Executive Director. shall also Submit, for the ~i~ect~r's review and acceptance in writing, detailed maintenace arrangements for providing the ongoing repair and maintenance for all approved drainage erosion-control facilities. The applicant Staff also recommends that the Comission adopt the attached revised Exhibit #2. CD:el f ; , r - . *.s i /p. . .*\ ! .*> 1' . , ;< , 1 . .. c:.L& t . * . .- . c . ,A. . L... id 1 , b* I '2 3 '4 51 61 71 81 9 10 l1 L2 I I 131 14 151 16) I 17! 18, I 191 201 Z1/ 221 231 241 251 261 I I 271 j TPAPDR I ' ,mcv, 8.7i. * ULl?O%NlA , i --- 0 @ ---- . .As- I 84:296104 r UiI'i F._~,~~i y,c, CJE;. ,!\ F:, :- : ; F I2 .- - r ,.- band ' . . .,-LcY7i;c .i( -. CFF;!'I * I >- - .-,. CO! .I . 2111 [dljfornia Coaz-tal Commission Sari Francisco, California 94105 631 Howard Street, Fourth Floor 'G S;!d :ri--c ;;,,'tt; (,,I ~ttenticn: Legal Department @b AUG -3 ~;i 11: 7z,-n2,;' :7 A; 7;;: qcT L"LE3T ' S& SZE.:~ rliLE ii\cYJS+ CO. COLN iY cc;;!~;~3 .__I - v i -y2 .I yJ( NO E€ IRREVOCABLE OFFER TO DED ICPITE OPEN-SPACE EASEMENT AND DECLARATIONS OF RESTRICTIONS THIS IRREVOCABLE GFFE.3 AND DEDICATION OF OPEN-SPACE EASEilENT AND DECLARATIONS OF RESTXICTIONS (hereinafter "Offer") is made tnis (1) Yarci 24 , 1933 , by (2) L. 3. ZartzershiD (hereinafter referred to as "Grantor"). 1. WHEREAS, Grantor is the legal owner of a fee interest of ceri .real properties located in the County of (3) Szn 3iie~o State of California and described in the attached Exhibit A (hereinaft referred to as the "Property"); and 11, 'AHEREAS, all of the Property is located within the coastal z as defined in Section 30103 of the Caiifornia Public "Kesources Code (h code is hereinafter referred to as the "Pub1 ic Resources Code"); and 111. AHEREAS, the Cal i farnia Coastal Act of 1976, (hereinafter referred to as the "Act") creates the California Coastal Conmission (hereinafter referred to as the "Commission") and requires that my development approved by the Commission must be consistent with the PO of the Act 52t forth in Chapter 3 of Division 20 of the Public Resour! Code; and P IV. 'AHEREAS, Pursuant to the Act, Grantor applied to the Comis for a permit to undertake development as defined in the Act witkin th Exhibit 5 0 -i- -_ o ' *'.!*, 3.. 3ft- . 1 ' ' .'- 2112 coastal zone of (4) 3:an :ieEo Ccunty (hereinafter the Ilpemit"): and WHEREAS, a coastal development permit, No. (5) 6-82-zi.c ,L : b granted on (6) 3ecezber .I6 y 192 - , by the Comnission 4 accordance with the Provisions of the Staff Xecomnendations and Findings (Exhibit E) attached hereto and hereby incorporated by reference, subjec; to the following condition:(7) Prior to trmsnit-cal of the permit, the apolicmt si1ai.1 zecs: an irrevocable offer to dedicate to the City of CarlsDaC acceptable JO the Zxecutive girecto?, a ooen space OIS~Z~TJ over the stne9 slo~e area as shown in ZLqiSit "B". sal< ,zc?z s3ace easement sball grohibit any alteration of l,acforx ?- ,lacement or reno~al or' vegetation, or erection of strzcx:~: of any type, unless a22roved 3g the California Coaszai :,oani: or its saccessor in iz-xerest, -2e olfer skall be irrevocable :or a ?erloc of 21 pzrs, .. 322 .. ?a LE favor of ~::e ~$3~314 of the Scasa of :,~~~iorxiz~ :111:1. ;uccessors zzlc assigzs VI --e aTFiicat zrnC/or iLqcoT,-jpers, 9 shall be recorded pzLoz to all other lien,s 3znd. encsmbrxLces exce~t tax liens. ,The or"fer to dedicate shall be in a Torr of canter-t acceptable to kte Zxecutive Diz=cl;or, -c TI' .- - -.^ -. m- -.- #HEREAS, the Commission, acting on behalf of the People of the State of Ca1,ifornia and pursuant to the Act, granted the Penit to the Grantor upon condition (hereinafter the "Condition") requiring inter ai i that the Grantor recard a deed restriction and irrevocable offer to dedicate an open-space easement over the Property and agrees to restricl development on and use of the Property so as to preserve the open-space scenic values present on the property and so as to prevent the adverse *> -2LtronwbA *IV B.71. - '. 1 2 3 4 5 6 7 8 1 9! lo: I 111 121 i Ls \ 141 151 161 1 I i 17 i I 13: 191 201 I , 21i 221 ! 23; 2113 -3- ,ll. .? 4 . direct and c~mulative effects on coastal resources and public access to coast which could occur if the Property were not restricted in accordan1 with this Offer; and '111. WHEREAS, the Commission has placed the Condition on the perni because a finding must be made under Pubiic Resources Code Section 3060 that the proposed development is in conformity with the provisions of Chapter 3 of the Act and that in the absence of the protections provide' the Condition said finding could not be made; and VIII. WHEREAS, Grantor has elected to comply with the Conditio and execute this Offer so as to enable Grantor to undertake the develop authorized by the Permit; and IX. NEREAS, it is intended that this Offer is irrevocable and sh constitut:! enforceable restrictions within the meaning of Article XIIT, Section 8 of the California Constitution and that said Offer when accep shall thereby qualify as an enforceable restriction under the provision the California Revenue and Taxation Code, Section 402.1; NOW THEgEFORE, in consideration oi the above and the mutua? benefit and conditions set forth herein, the substantial public benefit for the protection of coastal resources to tie derived, the preservatior the Property in open-space uses and the granting of the Permit to the c by the Commission, Grantor hereby irrevocably offers to dedicjte to thf State of California, a political subdivision or a private association acceptable to the Executive Director of the Commission (hereinafter, tt 241 251 26i 27/ RT PAPER K JC uLi?ann!* :13 ,RZV 3.721 i '3.- "Grantee"), an open-space easement in gross and in perpetuity for light air, view, and for the preservation of scenic qualities over that cert? portion of the Property specifically described in Exhibit 8 (hereinaft: the Protected Land); and , 1 2 1 I 3/ 41 I 5 6 71 8l 9 10 1 11 12 IS! I I 14 i 15, 16 1 17, j 181 19 i 20 j 1 211 22 j 23; 241 I I 1 I i 25 I 26 1 27’ 1 I XTPAPIR 1 c 0- -L‘ro”M,* 13 RCV d.72 , I 9ac 0 -4 - 0 ’-- 2114 This Offer and Declaration of Restrictions subjects the Property tc the following terms, conditions, and restrictions which shall be effecti from the time Of recordation of this instrument. 1. USE OF PROPERTY. The use of the Protected Land shall be lirnitc to natural men Space for habitat protection, private recreation, and resource conservation uses. NO development as defined in Public Resources Code, Section 30106, attached hereto as Exhibit C and incorporated herein by this reference, including but not limited to, removal of trees and other major or nativ vegetation, grading, paving, or installation of structures such as sign buildings, etc, shall occur or be allowed on the Protected Land with th exce9tion of the following subject to applicable governmental regulator requirements: (a) the removal of hazardous substances or conditions or diseasec plants or trees. (b) the removal of any vegetation which constitutes or contributc a fire hazard to residential use of neighboring properties, and which vegetation 7 ies within 100 feet of existing or oermitted residential development: (c) the installation or repair of underground utility lines and septic systems; 2. RIG‘AT OF ENTRY. The Grantee or its agent may enter onto the Property to ascertain whether the use restrictions set forth above are being observed at times reasonably acceptable to the Grantor. 3. SENEFIT AND BURDEN. This offer shall run with and burden the Property, and a1 1 ob1 igations, terms, conditions, and restrictions her ‘mposed shall be deemed to be covenants and restrictions running with 1 1, 1 2 ;5 41 5 6 7 8 9 lo I-1 12 l3 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 URT PAPER k71 o? C&L~CDIINII 3 113 iDLV 0.721 0.. -- e -5- 0 "- 2115 i I 1 ~ land and shall be effPCtiVe 1ini;arjons on the Use of the Property fron i date of recordation of this docurnen-, and shall bind the Grantor and all j SUccessorS and assigns. This' Offer shall benefit the State Of Ca'liforr 4. CONSTRUCTION OF VALIDITY. If any provision of these restricti is held to be invalid Or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. I I I 1 3. ENFORCEMENT. Any act or any conveyance, contract, or 1 authorization whether written or oral by the Grantor which uses or WOU' cause to be used or would permit use of the Protected Land contrary to terms of this Offer will be deemed a breach hereof. The Grantee may br any action in court necessary to enforce this Offer, including, but no1 limited to, injunction to terminate a breaching activity and to force * restoration of all damage done by such activity, or an action to enforc It is unders. and agreed that the Grantee may pursue any appropriate legal and equita remedies. The Grantee shall have sole discretion to determine under wk circumstances an action to enforce the terms and conditions of this Off shall be brougnt in law or in equity. Any forbearance on the part of t Grantee to enforce the terms and provisions hereof in the event of a bt shall not be deemed a waiver of Grantee's rights regarding any subsequt breach. I 1 the terms and provisions hereof by specific performance. 6. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be F all real property taxes and assessments levied or assessed against the Property. 7. MAINTENANCE. The Grantee shall not be obligated to maintain, improve, or otherwise expend any funds in connection with the Property any interest or easement created by this Offer. All costs and expenses 1, II 2i - 3 LI i 6/ TI 8 9 lo l1 12 15 1 A 15 16 1 A, 7 16 19 2c 21 22 23 i't 24 25 26 27 28 i 0 -6- . e '- 211b ! j ~ the terms of tixis sasenent. - I I ' such mktlJlaceJ Wroveiqt USE, or Fssessior. snail k Some by t!!' GrantOr, except for Costs iRCW& by grantee for mnit-rhg car;Pllan I j 8. LIABILITY Nd'E ~DEPNIFICVI~. This conveyance 1s made a.r'd 1 gp L9e qress conation uat be bate, its agacies, aepmq: 1 agats, and wlovees are to be free frm dl liability and claim fa rzison of an^ injq m my person or persons, incluiiiiig aantor, or of any kind Whd'sEver and to whamsoever belongLig, including Grantoi cause or causes l.Jhatsoever, scept matters arising out of the sole nc of the Grantee, wkde in, qn, or in any way connected with the pro] Grantor hereby covenanting and agreeing to indenmify and hold harmlei 1 Grantee, its agencies, zeparh'mts, officer, agent, and employees frc 1 bility, loss, cost, and obligations on account of or arising out of 1 Injuries or losses however occurrh?. This covenant and agreement to ! I I ! and hold harmless the Grantee sMl not bind Grantor after Grantor n 1 nolds fee title, but shall be bindmg upon Grantor's successors and 1 The Grantee shall have no right of control over, nor duties and resp i with respct to the Property which would subject rhe Grantee to any occurring upn '&e land by virtu? of the fact that de right of the enter tie land is strictly limited to preventing uses inconsistent t+ interest granted and does not include the right to enter the hd for of correcting any dangerous conbtion as defined by California Gov- Section 830. i i 9. SUCCZSSORS AND ASSIQJS. The tenns, covenants, conditions obligations, and reservations contained in this Offer shall be bind and inure to the benefit of the successors and assigns of both the 1 and the Grantee, whetler voluntary or involuntary. 10. TEE. - This irrevocable offer of dedication shall be bind 2 3 4 2 6 7 tl 9 -, lo "1 l2 l3 1 described above for a Period of 21 years, ! ! acceptance of this offer by the grantee in the form attached hereto 2s ~ I/ Exnibit D, this offer and terms, conditions, and restrictions shall h2 J i the effect Of a grant Of Open-space and scenic easement in gross and I perpetuity for light, air, view and the preservation of scenic qualit. 1 Over the open-space area that shall run with the land. and be binding ( I upon recordation Of an i parties, hei rs assigns, ana successors. Acceptance of the Offer is subject to a covenant which runs with 1 land, providing that any offeree to accept the easement may not aband but must instead offer the easement to other public agencies or priva associations acceptable to the Executive Director of the Commission f duration of the term of the original Offer to Dedicate. i I ' i 15 16 I ,rrlsbac , California. DATED: -3 -3s- Y.3 I i 1 1. I. - c ,nershiP P --- L. s. yzrtnershi5 - TL-n- 19 1 I 20 1 I 21 22 23 24 . 25 26 27 >URT PAPER LTC OF CALIFORNIA 3 113 8°C" e.72. i Ol? ames V. Jen OR PRINT NAME I-\- ---zxur 'Lony howan--J orzes, ~YPE OR PRINT NAME ABOVE General Sztner (NOTARY ACKNOWLEDGMENT NEXT PAGE) /I /I I/ I/ // // /I /I I/ 1'. .'' , 1 1 2 3 4 5 6 8, 7l 9 I I lo 1 I-z I 111 13 j i I 14 i 0 -8 - 0 I, 2118 NOTE TO NOTARY PUBLIC: If your are notarizing the signatures of anyone signing on behalf l trust, corporation, Partnership, etc., please use the correct notary ju (acknowledgment) as explained in your Notary Law Book. - State of California 1 County of San Diego 1 ) SS On this 30th day of March , in the year 198: before me the undersigned , a Notary Public, persor appeared personally known to me (or proved to ne on the basis of satisfactory evidence) to be the person(s) who32 name is subscribed to this instrumc and acknowledged that he/she/they executed it. James V. Jensen and Arthur Tony Howard-Jones %L cFrIs:at. :F".: E. Lynne Riemer U X , penonally known to mc or y proved to me on the basis of satisfactory evidence to be L t b P 2 P n P R r t of the partners of the parmeship that executed the within instrument. md acknowkdged to me that such partnership executed the same. WITNESS my hand and official sed. : [he person - who executed [he within inmmcnr as -z .-/ y^ 1 Signarure 1 *.++L E. Lynne Riemer IOFFICIAL SE.4LI 11 I My Ca mission €mires ,Uar. 29. 1985 ___ ____ .__.. -- - .<- 4&4%=/- (This area for official nouri.lurl) I I 1 I. 1 1; 2 5 4 5 6 7 8 9 10 11 12 15 14 15 16 l7 ,*> 21 9 0 -9 - This 1s tO Certify that the offer of dedication set forth above ii 1 hereby acknowledged by the undersigned officer on behalf of the Calif0 Coastal CorrPniSSiOn pursuant tb authority conferred by the California 7-h = Coastal Commission when it granted Coastal Development NO. /- r= L) on /,=.!-I ((7 e 7 z , and the California Coastal Conmission cor to recordation thereof by its duly authorized I / ! fficer. A Jk /- /* Dated: - l'.,/~ b,, jTj J 1. OQlC Lqd, Californjia Coastal commissii !Li . e hJ&&) w 5. I I STATE OF (& ) 5s COUNTY OF&Q&+&& , (, . I /-qp3 It > iJ ,I On Notary Pub1 ic, personady appeared 1 personally known to me to be (or proved to me on the basis of satisfi 1 evidence) to be the person who executed this instrument as the I , and authorized representative ( ,- I - II 18 1 20 21 22 23 24 . 25 4 26 27 3URT PAPER 73 113 CRCV 8.72 TAT. OI CILl?OlldlA 0.P TITLE California Coastal Conmission and acknowledged to me that the Califo Coastal Conmission executed it. Witness my hand and official seal. "n J1( 7, ~ i $& GARY MWRENCE HOCLOWAY W 9 ? ,? ,' NOTARY PUBLICCALIFORNIA CITY 8 COUNTY OF SAN FRANCIS3 Notarg/iPublic in and for 5 County and State e 0 '- 2120 Exhibic A-'; P r c D e :t -7 A Parcel of land being ?arcs: 1 ana Parcel 2 of Parcel ?.lap NO- 13337 on file in the office of the county Recorder of Szn Diego County, State 'of California as Fn 84/226118 on June 15, 1984. 7 1 I- 2lu 0 -- ---_ - - - - --_,_ ------_,__ - - - -.< B - - d;eCEeC Land --2.-ce; y; A, -,ar~e; da, ~ap 823, on file in the Office of the County iiecorder of siege COC~~Y~ State of California, located in said County, s Statel more 2articularly deScribed as follows: geginr,ing at an angle point in the Westerly boundary line Record of Survey Map No. 5289, on file in the Office of county Recorder of said County, said angle point formed with intersection of the two courses: North 83'09'46" West 151 i feet and North 70'13'44" East 355.73 feet as shown on said Rec Gf survey Map NO. 5289; thence, along the Westerly boundary 1 j I North 70~14'06" East (North 70'13'44" East per record) 8r feet; thence, leaving said Westerly boundary line South 18'2 8 ' i i East 212.94 feet: thence, South 68'31'36" West 161.00 fc thence, South 5'31'36" West 82.23 feet to a point on the arc o non-tangent 381.00 foot radius curve, concave Northeaster11 radial to said point bears South;9'47'57" West, said point a I being a point on the Northerly right-of-way line of Park Drivc I described in a road easement to the City of Carlsbad, recor J January 3, 1973, as Document No. 73-002191, of official reco thence, along said Northerly right-of-way line the follob courses: ~orthwesterly along the arc of said curve throul central angle of 32'33'39" a distance of 216.52 feet: Nc 47'38'24'' West 25.25 feet to the beginning of a tangent 36 foot 'radius curve concave Northeasterly: thence I Northwest6 ! along the arc of said curve through a central angle of 17'31 a distance of 110.75 feet to a point on the Westerly bounc I line of said Record of Survey Map No. 5289; thence, along Westerly boundary line the following courses: North 25'01' East (North 25'01'15" East per record) 164.36 feet: S 80"48'17" East 75.30 feet (South 80'22'35" East 75.21 feet record), South 83'08'32" East 151.69 feet (South 83'09'46" 151.76 feet per record) to the Point of Beginning, 3: iaiI6 3eing a ?ortion of Lot I of RanchG QGa 'tiedi I ! 1 ~ j I i I I ~ I ! ! j i j i / - -arcel 2 A parcel of land being a portion of Lot X of Rancho Agua Hedi da, Map 823, on file in the Office of the County Recorder of Diego County, State of California, located in said County, s State, more particularly described as follows: COMMENCING at an angle point in the Westerly boundary line Record of Survey Map No. 5289, on file in the Office of County Recorder of said County, said angle point formed with intersection of the two courses: North 83'09'46" West 151 feet and North 7Ool3'44" East 355.73 feet, as shown on E Record of Survey Map No. 5289; thence, along the Westerly bou ' ary line North 70'14'06" East (North 70'13'44" East per recc 80.30 feet to the TRUE POINT OF BEGINNING; thence, continu along said Westerly boundary line the following courses: Nc 70°14'06" East (North 70'13'44" East per record) 275.27 fe North 47'02'16" East (North 47'01'24" East per .record) 19: feet; thence, leaving said Westerly boundary line South 42'57' East 15.00 feet; thence, South 23'43'44" West 371.71 fc thence, South 68"31'36" West 209.47 feet; thence, North 18O28' West 212.94 feet to the TRUE POINT OF BEGINNING. 0- 0 '4 2122 EXHIBIT C d Pub1 ic Resources Code Section 30106 [ 30106. Development "Development" means, on land, in or under water, the placement 0 erection of any Solid material or Structure; discharge or disposal of any dredged material Or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivisio Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of suc land by a public agency for public recreational use; change in the intensity of use of water, Or of access thereto; construction, reconstruction, demo1 ition, Or alteration of the size of any structure, including any facility of any private, public, or municipa utility; and the removal or harvesting of, major vegetation other thar for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted of 1973 (commencing with Section 4511). to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone 1 ine, and electrical power transmission and distribution line. pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act As used in this section, "structure" includes, but is not limit€ - 0 lcxHIB?lw 0- Recording Requested by and When Recorded Mail To: 631 Howard Street, 4th Floor San Francisco, California 94105 Atten ti on : Lega 1 Department California Coastal Comi ssion , CERTIFICATE OF ACCEPTANCE OFFER OF DEDICATION OF OPEN SPACE EASEMENT This is to certify that hereby the Offer to Dedicate Open Space Easement executed by and reco of the Official Rec on Y 19 - Y Page - 9 19 in Book t County. BY the Office of the Recorder of Dated For STATE OF CALIFORNIA ) COUNTY OF ) On y 19 , before the undersigned, a Notary Pub1 and for the said State, personally appeared Ti tl e known to me to be the of the , who executed the within instrument acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and f County and State Page 1 of Two Pages 0 '- 2124 0- ACKNOWLEDGEMENT BY CALIFORNIA COASTAL COMMISSION This is to certify that is a public agencY/Private association acceptable to the Executive Direct01 commission, Cali. the Coastal Commission to be Grantee under the above described Offer to Dedica. Dated Executive Director Coastal Corn STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before the undersigned, a Notary Public in anc said State, personally appeared Name 9 Title or' the California Coastal Commission and known to me to be the person who executed the within instrument on behalf of said Conmission, and ackncwlec me that such Conmission executed the same. Witness my hand and official seal. Notary Public in and for sail County and State Page 2 of Two Pages -. Filed : @ 1SO-h Day: VaV 14, 1963 Caiiiornla Coasai Comml55lon Staff : 5n Diego Distnc: 6154 Mission Gorge Road. Sure 22c Staff Re?ort: Novmber 29, 1 s,., ~i~~~, Caiiiornla 92120 searing Date: Zeceiihr 13-17 ATSS 636-586 ~ov~er 15, 14 .a 2125 t 49th 3aY January 3, 1% 9 .. ,' . 'I Staie ,f C?iifor;a. tdmund G r-* Jr.. Gowcrnor .. CD: Ism : 1x0 ,T,ONS. FINDINGS, mc cow vODIF\ED \N Afi3EXDUPJ1 (714) 280-6992 REGnX?. CALENDAR SEE SURS€Q\ STAFF REPORT AND PPELIMINAxy ~~cOEXENDATION Application NO. 6-82-501 FOR Co%%@ Applicant : Agent! The Agatep Corpora L & R Partnership, Ltd. (Joe Sandy) Description: Site preparation and construction of 161 residential waits consisting of two tract maps as follows: 1) a 115 unit Planned Unit Development comprised of 11 tri-plexes, 17 four-plexes, 6 duplex tqe structures and two custom sing1 family homes sites on 29- acres; 2) 46 condominium dts C 6.3 acres. ai &sting road. Statistics for the 29 acre-tract: mt Area: 29 .Acres Building coverage: 148,104 sq.ft. (12%) pavement coverage: 287,496 sq-ft. (23%) Landscape coverage-. 588,060 sq fk- (46%) Unimproved Area: 239,580 sq.ft. (19%) Puking Spaces: 324 Zoning : (PC) Planned. Cornunity The two tracts L-e separated by Park Drive, Plan Designation: .RM Residential Medium (4-10 du/ac Project Density: 4 du/ac. Ht abv fin grade: 24 feet Statistics for the 6.3 acre tract: Lot Area: 6.3 Acres Building coverage: 43,560 sq.ft. (16%) Pavement coverage: 56,628 sq.ft. (21%) Landscape coverage: 174,240 sqft. (63%) Parking Spaces: 104 Zdning : PC (Planned Ccmkty) Plan Designation: RMH Project density: 7.3 du/ac Residential Medium - High (IC 24 feet Ht abv fin grade: Located north and soutn of Park Drive, west of Valencia in the City of Carlsbad. Site: Substantive File Documents: - Certified Agua Hedionda Land Use Plan (May, 1982 Ver, aftla IT- Q 6-a2-so1 Paqe Two a* I- 2126 - California State De?arhent af ?ish -d Game ietter to the Coasta1 Codssiont (TOXI Crandall) dated April i, 1582. California State Departwnt of Fish and Game letter to 30e Sana: dated November 12, 1982 - - Coastal DeveloPenL 3mts: ~7453, 233-78, 196-79, 237-79, 276-80, and 6-81-168 SUMMARY OF STAFF' S PRELIMINAiiY ?GCOKT~ATION: Staff is recommeEdln9 approval with conditions addressing open space easemen requirements over Steep slopes and environmentally sensitive habitat areas, and runoff controls, buffer =ea and access easement requirements, State Lan Co&ssion review, public access signing and improvements, and landscaping. STAFF RECOMMENDATION: The Staff recommends the Commission adopt the following resolution: 1- Approval with Conditions. The Commission hereby yrants a pedt for ths proposed development, on grounds that, as conditioned, the development wjll be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prej the ability of the local government having jurisdiction over the area to pre a Local Coastal Program conforming to the provisions of Chapter 3 of the Coa Act, and will not have any significant adverse impacts on the environment wi the meanin7 uf the California Environmental Quality Act. 11. Standard Conditions. See attached page. 111. SDeciai Conditions. The permit shall be subject to the following special conditions. Becat project actually involves two tract maps and is easily divisible, the specii allows, in effect, for the permit to be structured to provide €or the phasec 3.ease in relation to the tract maps should the applicant choose to commence development on cne of the tract maps prior to meeting all tFle terms and con2 of the other tract. conditions have been designed to correspond to the separate tract maps. Thi A. Conditions Related to the 115 Unit Subdivision (City of Carlsbad CT E Prior to transmittal of the pern applicant shall record an irrevocable offer to dedicate to the City of Carl: other public agency, or to a private association acceptable to the Executive an open space easement over the steep slope area. Saj -Space easement shall prohibit any alteration of landforms, placement Or rem( vegetation, or erection of structures of any type, unless approved by the Ci Coastal Comrr.ission or its successor in interest. 1. Steep Slopes Open Space Easement. The offer shall be irrevocable €or a period of 21 years, shall run in . the People of the State of California, binding successors and assigns of thl encumbrances except tax liens. The offer to dedicate shall be in a form an content acceptable to the ExGcutive Director, applicant and/or landowners, and shall be recorded prior to all other liens 6-a2-501 Page 3 0 - 2127 '. e- 2. Gradinc an2 Ercssion Control. .The applicant shall comply with :he following Conditions re!ated EO gradin9 and erosion control: a) Runoff Conscrol. ?pior to the transmittal of the permit, the cant shall Subfir a runoff control plan prepared by a licensed engineer qui in hydroiOgY and hydraulics Which would assure that there will be no increi peak runoff ratE from the developed site Over the greatest discharge expec from the existing wde.Jelo?ed site as a result of a 10-year frequency stor &hour duratior-. Runoff control shall be accomplisted by a variety of mea including, but not limited to, on-site catchment basins, detention basins, siltation traps , and enerq dissipaters. Sub-drainage systems, if necessa including supporting calculations shall be submitteC to, reviewed and acce in writing by the Executive Director. The applicant shall also submit, fo Director's review and acceptance in writing, detailed maintenance arranger for providing the ongoing repair and maintenance €or all approved drainage erosion-control facilities. to remove groundwater from the bluffs shall also be incorporated. Said pl bj All grading activities shall be prohibited within the period October 1 to April 1 of any year. A grading schedule shall be submitted t approved in writiEg by the Executive Director and any variation from that schedule shaii be promptly reported to the Executive Director. c) Any necessary permanent erosion control devices shall be dew . and installed prior to or concurrent with any on-site grading activities, d) All areas disturbed by grading shall be planted within 69 *I the initial disturbance and prior to October 1 with temporary PJ~T permanent the case of finished slopes) erosion controlmethods. Said planting shall accomplished under the supervision of a licensed landscape architect and : consist of seeding, mulching, fertilizationand irrigation within an appro1 lead time prior to October 1, to provide adequate coverage, Planting sha: repeated if adequate coverage is not established. This requirement shall to all disturbed soils including stockpiles. e) Off-site Desilting Basin. The preliminary drainage plan for project indicates that a temporary desilting basin would be installed off, (on the 6.3 acre parcel owned by the applicant) south of Park Drive acros: the intersectSon of the proposed Neblina Drive extension. The desilting ! would collect the majority of the runoff and silt attributable to the 115 PUD, Prior to transmittal of the permit, the applicant shall submit, for the E Director's review and acceptance in writing, detailed maintenance arrange for providing the ongoing repair and maintenance of the desilting basin, including provisions should the 6.3 acre parcel be sold to another party, The design of the basin shall be approved by the Executive Director in CO sultation with the State Department of Fish and Game. Future modificatio or removal of the desilting basin will require an amendment to this permi 3, Landscaping. Prior to the issuance of the permit, a detailed la plan indicating the type, size, extent and location of plant materials, t proposed irrigation system, and other landscape features shall be submitt to, reviewed, and determined adequate in writing by the Executive Directc - 6-E2- jo1 Page 4 0. I- 2128 0-• Drou'rJht tolerant plan: materials and native vegetation shall be utilized to maximm extent feasible. ana shrubs which at matlJritY 'dill obtain significant height and breadth in The p1ar.t materials shall include species of trees order co L dten the visual lmpact4 resultant from the substantial lanaEom ai teration t 4. Separate Coastal Development Permit for the Two (2) Custom Lots, N site preparation (grading) or building construction is approved by this pem for the two parcels designated on the tentative map as custom lots (referenc Exhibit 2). A separate coastal development pad.t(s) shall be required pric to develpment Of these two large parcels, B, Conditions Related to the 46 Unit Condominium Development (City of Cz a 82-7/CP-209) 1. -state Lands Determination. Prior to transmittal of the permit the Cant shall present evidence to the Executive Director that the State Lands f mission has reviewed the project, including the offer to dedicate the 1.9 ? and has found the project consistent with the public trust. be in the form of a written statement from the State Lands Commission ackno ledging that the proposed dedication satisfied any public trust claims, Such evidence 2. op en Space Dedications/Access Easements, Prior to transmittal of - pennit, the applicant shall fulfill the following requirements! a) -The 1,9 acres Wetland Portion of the Property, Applicant shal record an irrevocable offer to dedicate irl fee or as an open space easement 1.9 2 acres. The offer snall be to a public agency o a private cissociation acceptable to the Executive Director. Said offer sna prohibit any alteration of landforms, placement or removal of vegetation, o erection of structures of any type, unless approved by the California Coast Commission or its successor in interest. The offer shall specifically allo for wetlslld enhancemat projects approve5 by the California State Departmen of Fish and Game and the California Coastal Commission or its successor in interest, b) Wetland Buffer Easements. Applicant shall record an irrevocat offer to dedicate to the City of Carlsbad or other public agency, or to a i assocation acceptable to the Exccutive Director, an open space easment ovei wetland buffer area-- The spsn space easement shall pro1 any improvements within ~e defined wetland buffer area including landscap and Game and the Executive Director of the California Coastal Commission, The easement shall specifically allow for construction of public access im ments consistent with special condition #3 and the'fencing required by spe condition #4 of this permit. The easement shall stipulate that the public access improvements areas to remain open to the general public at all time: Maintenance of the buffer area, including the public access improvements a habitat protection fencing requirements detailed in specific conditions #3 #4 and 2escribed below, shall be the responsibility of the tiomeomers Asso This requirement shall be made a part of the covenants, conditions and res tions (CC&Rs) of the subdivision. A copy of the CC&Rs incorporating this and accessory structures unless approved by the California Department Gf F . 6-52-501 Page j 'd 2124 0 .- roquiremeat shall be 5Uhit:ed to the Exec.Jtive ~i~~~t~r prior to OCCupanc of the first ccmpleted residence. c) Irrevocabilitv -,f the C)ffer. Both of the above Offers (2a. 2b,] shall be irrevocable for a perlod of 21 years, shall run in favor of the People Of the State Of California, binding s~ccessors and assigns of t applicant and/or landowners, and shall be recorded prior to all other lier and encumbrances except tax liens. ?he offer to dedicate shall be in a fc and of content acceptable to the Executive Director. 3, Public Access Improvements. Applicant shall, concurrent with del merit of the first phase Of the project, install controlled public access : merits including, but not limited to, the following: a]. A minimum five (51 foot wide public access pedestrian trai shall be constructed within the required buffer area as per agreement witk State Department Of Fish and Game, adtype of materials used for the access trail shall be approved by the E, Director in consultation With the Department of Fish and Game, The acces: be designed to prevent &?Y off-road vehicle activity, Final location, . b) A minimiW of four (4) public parking spaces shall be providt the terminus of proposed Public street "A" shpm on the site pla~- .. cl At least two benches, and one drinking fquntain shall be pro' at convenient locations along the accessway subject to Executive Director A bike rack and trash receptacle shall be provided at the te: dl of public street "A" shown on the site plan. e) Signs identifying the availability of public access and parki passive recreation purposes shall be installed, At a minimum, signs shall located at the interszccion of Park Drive and sro_wsed public street "A", the intersection of public street "A" and the access trail and at the int6 section of Park Drive and the access trail. The signs shall be attractive - designed, with the precise design, script and location to be approved by 1 Executive Director, 4. Habitat Protection Fescinq Requirement. Applicant shall install along the wetland edge of th2 buffer area coiicurrent with development of of the project. The design and height of the fencing shall be submitted and approved by the Executive Director in consultation with the State Dep of Fish and Game. The fencing is intended to deter human activity and do from occuring in adjacent environmentally sensitive habitat areas. ,-.' 5. Grading and Erosion Control. The applicant shall comply with thc a). Runoff and Erosion Control. Prior to transmittal of the pe: applicant shall submit a runoff and erosion control plan prepared by a 111 engineer qualified in hydrology and hydraulics. The runoff and erosion CI plan shall be implemented prior to or concurrent with any on-site grading and shall include measures adequate to contain any potential erosion duri construction phase from entering the wetland areas. The runoff and erosi plan shall be submitted and approved by the Executive Director in writing conditions related to grading and erosion control: .- - 6-82-501 Page 6 ..- 0. 2130 a. b) All grading activities shall be prohibited within the period f October 1, to April 11 Of aril' Year. A grading schedule shall be submttea and approved in writing DY the Executive 2irector and variation from tnat schedule shall be ?romptly reported to the Zxecutive Director. c) Any necessa-y permanent erosion control devices shall be devel and installed prior to Or concurrent with any on-site grading activities, d) All areas disturbed by grading shall be planted within 60 day: the initial diszurbancf and Prior to October 1 with temporary or permanent the case of finished siO?es) erosion contrsl methods, Said planting shall accomplished under the supervision of a licensed landscape architect and SI consist of seeding, mulching, fertilization and irrigation within an appro! lead time prior to October 1, to provide adequate coverage, Planting shal. repeated if adequate coverage is not established. to all disturbed soils including stockFiles. This requirement shall 6. Landscaping. Prior to the issuance of the permit, a detailed lan plan indicating the type, size, extent and location of plant materials, tk proposed irrigation system, and other landscape features shall be subrnitte reviewed, and determined adequate in writing by the Executive Director. 1 extent feasible. The plant materials shall iiclude species o€ trees and E which at maturity will obtain significant height and breadth in order to : the visual impacts resultant from construction of the project within the T of the lagoon, tolerant plant materials and native vegetation shall be utilized to th- - mi 7. Imported Fill ?laterial. if the seplred 15,000 cubic yards of in fill for the project is obtained from a site within the-.coastal zone, the cant shall first notify the Executive Director to determine if a coastal c ment permit is required prior to importing the material. IV, Findings and DeclL-aCLons. The Commissioz finds and declares as follows: 1. -Detailed Project Cescription. Droposed is the site preparation I struction of 161 residential units on property of varying topography loca. along and near tne north shore of Aqua Hedionda Lagoon east of the Bristo residential complex (referer.ce Exhibit #1, location maps). The project a consists of two separate and distinct tract maps divided by ar, existing r named Park Drive; both tract maps are in the same ownership and are sepa by the existing road. Tentative maps CT 82-6/PUD 40, approved by the C Carlsbad, is for the site preparation and construction of a 115 unit plU Drive. Tentative map CT 82-7/CP-209, also approved by the City, 1s for 5 preparation and construction of 46 condominium units on a 6.3 acre parcel located between Park Drive and Aqua Hedionda Lagoon. The 29 acre, 115 unit PUD would be located on a sit topographically ranges from relatively gentle sloping lands on the eastel southerly portions of che property to that of steep rising slopes on the northern and western por:ions of the parcel. A slope analysis prepared 1 the applicant's engineer depicts the steep sloping areas with a gradient over 253, c .e. As depicted on the slope analysis, wit1 unit development (PUD) on an approximately 29 acre parcel located north C ._ 6-a2-501 Pacje 7 0. 1- 213i 0- exception of grading necessary for constructing the extension Of XeDlina Dri the vast majority of steep slope areas wouid be left ,disturbed. would be prforrned. to step-up the site with a balanced Cut and :ill Operatic of 120,000 cubic Yards Of Cut md'a like mout of fill. Cut and fill slop( would be 2:l of gentler with the maximum cut/fill slopes being approxinatell 30 feet. The unit mix consists of 11 tri-plexes, 17 four-plexes, 6 duplexer and two custom single family nome sites; all wits are two stories in heighi with extensive use Of wood siding and roofs. Site preparation and construction plans were not submitted for the two custl lots, AS per special condition number A-4, a separate coastal deveipment i required prior to grading Or COnStructianactivity being permitted on the t custom lots. The 6.3 acre, 46 Wit condominium development is located on a nearby level and as previously mentioned, is between Park Drive and the lagoon (.referent Exhibit #-:). Because of Potential public trust claims, the applicant has negotiated a settlement with the State Lands Commission which requires dedi cation in fee of an additional 1.9 acres lagoonward of the 6.3 acres being 6.3 acres is also proposed to protect the wetlznd habitat resource,. Site I aration involves approximately 2,000 cubic yards of cut and 17,000 cubic yi of fill. If the import material is from a site within the coastal zone, I3 applicant shall notify the Executive Director of the Coastal Commission to determine if a coastal development permit is required as per special condil number.=, The unit mix consists of 5 eight-plexes and 1 six-plex, all t7 stories in height, and all incorporating extensive use of wood siding and : Again, as a condition of the tentative map, all roof materials must be firc retardant , Gradins Tentative map a??roval require5 all roof materials to be fire retardant, developed. A 100 foot buffer along the southern and eastern boundaries of 2. -Project Relationship to the Certified Agua Hedionda Land Use Plan August 2 77: Plan (the May, i982 version) as resubmitted by the City of Carlsbad. The i Hediorida Land Use Plan (LUP) is a segment of the City of Carlsbad Local Co< Program (Le1 which consists of approximately 1,100 acres including the 231 acre Agua Hedionda Lagoon. The lagoon is one of the 19 coastal wetlands identified by the California Department of Fish and Game in its report Becnnse of the recognized resource values of the laqoon, the Aqua Hedionds LUP includes detaired provisions regarding such tings as: qrading and runc controls, steep slope open space requirements, easements for wildlife buff areas and public access requirements. The proposed development is the first substantial project to be reviewed f the City since the Agua Hedionda LUP was certified, It is obvious that tk applicant has designed the project,to comply with the requirements of the and that the City is considering the Agua Hedionda LUP as the guide for approving projects within the LUP boundaries. However, since the Agua Hedionda LUP has not yet been effectively certified due to the City's hav: not yet transmitted a resolution accepting the Coastal Commission's act101 the LUP, and since the City has not yet prepared an interim permit proces: ordinance, tk.e Commission must still issue a coastal development permit. Additionally, since the project apparently involves .public trust lads, e' entitled "Acquisition Priorities for Coastal Wetlands of California, " . 6-82-501 a Pe5e 8 2132 1. 0. ). if the City was issuin9 coastal development pemits, a pemit from the corns sion would still sc rewired for the 6.3 acre development, Commission is revieweing this 9roject in relation to =he policies of the certified Lr*, a* well as ChaDter.3 policies of the,Coastal Act; Commission action On tilis project should provide a useful precedent for future applicant as well as the City ln its Preparing implmenting ordinances €or the Agua Hedionda LtT - As a result, the 3. Environmentally Sensitive Habitats/ODen Space Preservation. a). The 1.9 Acres Wetland Portion of the Properpy. The 46 unit cox development south of Park Drive involves approximately 8.2 acres of which tht most portion of the parcel which the applicant proposes to dedicate as open : Historically tne Site has been distrubed by past fill activities which occur( to enactment of the California Coastal Zone Conservation Act of 1972, Becau. the past fill activities, the certified Agua Hedionda Land Use Plan contains policy language related to this parcel. The LUP language states the followi .the property (referred to as the "L an2 E" property on page 15 of the LUP): proposes to develop 6.3 acres: the remaining 1.9 acres is the lagoon-ward (s( That portion of the site agreed upon by the State Lands Commission as developable shall be permitted a maximum of 60 units of residential use (referbce: State Lands Commission agenda item W503.988, 11/23/81). The developable portion of the site shall be designated RMR (10-20 unit/acre), and the remainder of the si- shall h- -7esiqnated open space (OS). Development of the site should reflect the lower limit of the RMH range, and should be designed to "step dawn" development intensity away from Bristol Cove. %zz =ea beyond the developable portion of the property and buffer area shall be dedicated in fee or easement to the State Department of Fish and Game, Coastal Conservancy, State Lands Commission, or other appropriate public agency. to scientific, educational or other uses consistent with resource management in a manner acceptable to the Departme?t-of Fish and Game. Access to this area shall be restricted Additianally, Coastal Act Section 30233(c) is very specific with regards tc Hedionda Lagoon since it has been identified by the California Department c Game as one of the 19 priority acquisition coastal wetlands. Section 3023: in part: Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 Coastal Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south Sa Diego Bay, if otherwise in accordance with this division. wetlands identified in its report entitled, "AcquiSitiOn 5-82- jL1 a- 0 Page 3 ,- 2133 Futher, sections 30231 and 30240 are particularly apFlic&le to protecting enviromEntally sensitive haitats from incompatible uses and advezse impacts eLat could result frorn development of adjacent upland areas. In ~e report titled The Natural ResoUrCPS of Aqua Hedionda Lagoon prepared by the California Department Of Fish and Game and the U.S. Fish Wildlife Service (June, 1976)~ the 5igfiifitAnbe of the lagoon is established, me following cairnents : That report inciu Water-associated birds are the most abundant and obvious of the lagoon wildlife- Fifty-five species of water-associated birds, like the shorebirds, waterfowl, wading birds and other marsh birds, have been identified at Agua Hedionda. Several species of water-associated species that are designated as rare or endangered occur at the lagoon, including the California least tern and Belding's savannah sparrow, which nest at the eastern end of the lagoon. Other birds comonly seen about the lagoon, but in decline in the San Diego area, are the western grebe, do-Ale-crested cormorant and black-crowzed night heron. Forty- seven landbirds also have beeii iecorded, as well as 27 mammals, 4 amphibians, 5 lizards and 8 snakes. The greatest threat to the present statu? of Agua Hedionda Lagoon and its wetland habitats is the continuing pressure is for three principal types of development: 1) recreational, 2) residential and 3) indus+Jial. for development of the lagoon ar.d its watershed, The demand In reqdnse to the language contained in the Agua Hedionda Land Use Plan, the policies of the Coastal Act, and the acknowledged concerns of the California Department of Fish and Game, the applicant has met with the various agencies i to negotiate a settlement regarding 'the public trust issue and wetlands issue, result of these meetings has been an agreement by all parties that the dedicat of clhe 1.9 a.tz2~ shown on Exhibit 4 will satisfy concerns of the State Lands Commissiosi and the Department of Fysn and Game, comply with LUP language, and consistent with Section 30233(c) of the Coastal Act. In order to insure that the negotiated agreement is formalized, special condit B-1 and B-2(a) have been attached to the permit. These conditions stipulate t the applicant shall obtain, in writing, a statement from the State Lands Cormni acknowledging that the-proposed dedication satisfies any public trust claims; the 1.9 acres shall be dedicated in fee or as an open space easement to an app public agency or private association acceptable to the Executive Director; and within the 1.9 acres no alteration of landforms, placement or removal of veget or erection of structures of any type shall be permitted unless approved by th California Coastal Commission or its successor in interest. Wetland enhanceme projects approved by the Department of Fish and Game and the Coastal Comissic its successor in interest would be permitted. In conclusion, the Commission finds that the dedication of the 1.9 acres will that all wetland areas on the site are preserved and protected and that issues related to any public trust claims should be resolved. With the conditions a: dedication of the 1.9 acres,.the Commission finds that the project conforms tc section 30233(c) of the Coastal Act and the applicable language of the Aqua HE LUP previously stated. b). Buffer Area for Habitat Protection. In order to provide adequate tection for the identified wetland resources south and east of the area to be Q tj;zj;:Ei 2 .I * - 2134 on the 6.3 acrest the Aqua eedionda LUP states the following on Page 15: Beyond the south and easrern ?erineter of the develop&le portion of the site an area of 130 feet ir, width shall remain undevelQ?ed for the purpose of providing a buffer between development and enGironmentally sensitive areas. As a condition of development, the perimeter of the develop- able area shall be maintained/improved in a mmer to prohibit uncontrolled access into the buffer area. access Control cr other ninor improvements iz the buffer area shall be subject to the approval of the buffe:: area shall be the responsibility of the homeowners associat:Lon. uy landscaping1 ~0th the Coastal Commission and the Department of Fish and Game have recognize value of open space buffer areas. Buffer. area requirements have been included many Local Coastal Programs (LCPs) including the City of oceanside, City of Ca san Diequit0 and Ctty Of san Diego LCP Land Use Plans, Similarly, the Aqua He Lup requires a 100 buffer area landward of the identified environmentally sens the satisfaction sf the State Department of Fish and Game. Special condition B-2(b) requires the applicant to irrevocably offer to dedice open space easement over the wetland buffer area. Uses within the buffer are2 limited to those minor uses approved by the Department of Fish and Game and tl Executive Director. public access requirements within the buffer area are rec by special condition 83; however, the access shall be controlled to allow pede use only with no off-road vehicles permitted. Special condition #4 requires j ation of habitat Frotection fencing within the Suffer area which is intended t deter hczm activity u.d d3mestic pets fr3a occuring in the adjacent sriviro-nmc sexxitive habitat areas. Section 30240(S) of +&e Coastal Act states that: habitats. .. -. 'Ehe applicant has accomplished this objectiv 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. The inclusion of the 100 foot wide buffer open space on the site plan is guari by incorporation into special condition B-2(b); therefore] the Commission fin( that the 46 unit condominim complex, as designed, is consistent with Section of the Coastal Act an3 is compatible with the adjacent environmentally serisit. habitats. c). Steep Slope Preservation. As noted above, Section 30240(b) of t' Coastal Act requires that new development adjacent to environmentally sensiti habitats be designed so as not to create adverse environmental impacts which aegrade the value of the habitat resource. Sections 30231 and 30253(2) of th also support protection of environmentally sensitive habitats, stating that: me 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, a;nong other means, minimizing adverse effects of waste water discharges and entrainment, controlling ,unoff, preventing depletion of ground water supplies and substantial interference with 6-82-551 8 e .Page 11 *- 2135 a- surface water flow, encouraqinq iiaste water reclzmation, maintaining natural vegetation buffer areas that protect riparian habitats, and ninfnizinq alteration of natural streams. (PRC 30231) Assure staAility and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would SubStantially alter natural landforms along bluffs and cliffs. (PRC 30253(2)) In response to these Sections of the Coastal Act, the City of Carlsbad in the Efedionda Lup recognized that Steep Sloping areas vegetated with coastal sage 2 chaparral provide significant habitat, and if graded can result in substantial erosion as well as loss of habitat. As a result, policy 4.4 of the Agua Hedic LUp was adopted and states in part: Development, Fading and landform alteration in steep slope areas (25%) shall be restricted- Exceptions may include encroachments by roadway and ctilities necessary to reach developable areas. " sha3l be calculated on the total lot area, although this may be modified through setbacks, plan review, or other requirements of this plan and applicable city regulations. Use of the Planned Development (PEP Ordinace and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. The maximum allowable density %.e applicant, in designing the 29 acre, 115 unit PUD, adhered to the intent policy 4.4 of the LU?- Substantial steep slope area is being left ilndisturbe the two large lots designated for custom single family homes There is some minor encroac'ment into slope areas over 25% to accomodate thc project; but, these are small areas which do not violate the intent of polic: Additionally, there is a greater amount of slope area under 25% which is pre: western portion of the property. On balance, the proposed plan is superior one which rnignt more literally implement policy 4.4 since the applicant's pl' retains one larger open spacehabitat area. The minor encroachment on steep slopes can be adequately mitigated with proper runoff and erosion controls a discussed in the next section of this report. The extension of Neblina Drive through a small natural drainage area substan encroaches into a relatively rugged canyon area. approving the Agua Hedionda LUP, the Commission was convinced that Neblina D .was a necessary transportation link and found that it could be approved pros adequate runoff and erosion control measures were included. The LUP provide those measures on Pages 35 and 36, stating in policy 5.7 that p:ior to Const Of Neblina Drive the following conditions must be met: as open space because it is contiguous with the large steep sloping area on . However, in reviewing and 6- 8 2- 5'3i @ Page 12 0- - 2136 .. I' ' *I I '( A runoff controi Plan prParea by a licensed engineer qualified in hydrolow md hyarolics demonstrating that there would De no significant increase in peak runoff rate from the developed site Over the greatest discharge expected from the existing undeveloped cite as a result Of 6 hour, lo-year frepency ;;on. accomplished by 2 variety of methods including such devices as catchment basins, detenti.cn basins, siltation traps, or other appropriate measures. Development aPprovals shall include detailed maintenance provisions for repair and maintenance of approved drainage ad erosion control facilities, and erosion Control devices shall be installed prior to or concurrent With on-site grading activities. Development shall meet all other requirements of this plan, including the provisions of the Carlsbad Grading Ordinance and Master Drainage Plan. Runoff control may be Permanent runoff control AS noted in the following section of this report, the necessary runoff and erc control provisions are required through conditions. Therefore, the Commission finds that with inclusion of special condition A-1, which requires an irrevoca offer to dedicate an open space easement over +he,steep sloping portions of tf: project, that the project can be found in conformity with Sections 30240(b), I and 30253(2) of the Coastal Act. 4. Runoff and Erosion Concdol, The Commission in numerous permit decisi including all 'hose noted =der Ch= subst~tlve file documDnts list.; has four that development on steep sloping pgrcels and parcels in close proximity to environmentally sensitive habitats have the potential for causing severe advei environmental impacts due to uncontrolled or improperly controlled runoff and resultant erosion- The Aqua Hedionda LUP likewise recognizes this concern, ax in addition to limiting land alteration (grading) to slope areas less than 257 and requireing specific runoff contrcls for Neblina Drive, it aiso cor.tains tl. following provisions found in policies 4.2 and 4.3 (on page 28 of the LUP): - 4.2 Additionally, grading permits in the plan area shall include the following mitigation measures: . Coordination of grading activities with the loczi precipitation pattcrn; grading restricted duing rainy season. . Avoidance of clearing operations in advance of grading. . Limit grading to the minimum area necessary &a accomplish the proposed development. . Construction of drainage facilities prior to or concurrently with grading activities. Grading of surfaces so as to direct runoff toward planned drainages and, if possible, away from cut and fill slopes. Early planting and maintenance of ground cover suitable for slope erosion control and maximum retention of . . - natural vegetation. 06- 8 2 - 5 c 1 ._ 'age 13 :- 2 131 0 . Development projects shall PreSe-ve, as feasible, natural dranaqe swales and landforms- - 4.3 Develogment projects sjall ?rovide for improvements indicated in the Master Drainage Pian, ana snaU limit the rate Of moff through the provision Gf On-site catchment basins, desiltinq basins, subsurface drair.;, and similar improvements as necessary. Runoff shall be controlled in such a way that t"re velocity and rate of run-off leaving the site shall not exceed that of the site in its natural state. Special conditions A-2 and E-5 impose requirements which insure that policies f 4~3 and 5.7 of the Aqua Hedionda Lirp are implemented. These special conditions reguire: preparation and subnittal of runoff and erosion control plans; decailf maintenance arrangements for providing the ongoing repair and maintenance for z approved drainage and erosion control facilities; prohibition of grading activ: during the rainy season (October 1 to April 1); installation of erosion contro' devices prior to or concurrent with grading activities; and prompt landscaping all areas disturbed by gradinq- With incorporation of the special conditions relating to runoff and erosion co 30240 (b) and 30253 (2). the Commission finds the project in conformity with Coastal ~ct Sections 30231 5. Flood Hazard. The 6.3 acre, 46 unit condominium project is adjacent Aqa Hedionda Lagoon which is the terminus of Hedionda Creek. However, since lagoon has been dredged to an average depth of 10 feet allowing for constant t action, che result of San Diego Gas and Electric having kedged the entire lag between 1952-1954 in order to provide cooling water for its Encina Power Plant there is a very low probability of flooding on the project site evenduring th 100 year fllod. The portion of the project site being developed is not within the 100 ysar floodplain. Therefore, approval of the project will not conflict with Section 30253 of the Cosstzl Act reqardinq flood hazards. 6. Public Access md Recreation. Aqua Hedionda Lagoon is.somewhat uniq its status as a multiple-use wetland area. The lagoon provides an extensive I of water-related passive and active recreational uses, as well as providing hi €or a wide variety of marine and terrestrial lifefonns. In preparing and revj the Aqua Hedionda LUP, the City of Carlsbad and the Coastal Commission were kt aware of the need to balance the competing cses. The project site is located the easterly end af the lagoon where the wetland habitat area becomes critica is used by numerous species of wildlife. Secause of this, while public acces desired, the LUP contemplates controlled access limiting the access to pedest use only and prohibiting off-road vehicle activity. In this regards, in addi policy 3.8 which was previously stated, policies 7.1, 7.2, 7.3, 7.5, and 7.9 LUP are particularly relevant. These LUP policies were developed in response Public Access and Recreation policies of the Coastal Act and state the follow 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. 7.2 Pedestrian accessways shall be located as shown on Exhibit J. 7.3 Al1.pedestri.a trails shall be constructed to a minimum width of 5 feet. Combination bicycle/pedestrian trail shall .be a minimum 10 feet wide. - - - .I. .. 0 !- 2138 06- 8 2 r 5 9 1 Page 14 7.4 Vertical pedestria access easements shall be a minimum 10 feet in uidfh. Cbfiiijination bicyciejpedestrian easementS ad lateral -easements snail. be a mink,- 25 feet in width. 7.5 Bike route and pedestri’an improvements shall be financed acccr2ing to the following criteria: (1) Routes through establisned neighborhoods such as Carlsbad Boulevard ad Tamarack Avenue shall be financed with City, State 01: Federal fun%. (2) Routes adjacent to undeveloped properties shall be constructed at the exoense of the developer at the time of development, or my be constructed by the city, subject to the availability of funding. 7.9 U1 public use areas shall be clearly identified through Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area. - - - a uniform signing program, m be cxried out by the city of S-Decial condition B-3 has been included to insure that public access improvemer are provided consistent with the policies of the LUP. that the appllc-zt design and develop a five (5) foot wide pedestrian accesswa] within the buffer Fzaa and running the entire distance from the terminus of prc public street “A“ to Park Drive, .^ It is also required th the access be controlled through fencing and/or other means in order to prohib off-road vehicles and deter human activity and domestic pits from occuring in adjacent environmentally sensitive habitat areas. Finally the cordition requi inclusion of 3 zinimum of four (4) public parking spaces at the terminus of pro-psed public street “A”, bike racks, trash receptacles, benches, a drinking fountain, public access signing, and detailed maintenance provisions. The Com finds that with the inclusion of special condition B-3, the proposed project c be found ir. conformity with the applicable provisions of the certified Agua He The condition requires LUP and with the Public Access and Recreation Policies of the Coastal Act. 7. Visual Imgacts. Section 30251 of the Coastal Act states in part: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas..... Permitted development shall be sited and The Agua Hedionda LUP recognizes that the lagoon and surroundings present a scenic open space break from the intense urban development charactexistic Of the Southern California coastal zone. A multitude of excellent views and vis are afforded the public from such vantage points as found along Carlsbad Blvd Interstate - 5, Adam Avenue and Park Drive. As a result, the City Of Csrlsb included the following policies in the LUP (reference page 48 of the LUP) whi are relevant to the subject development: e. > .I - 2140 I ,,‘ -2,;jc 16 .- ‘ ‘. Asplica tion No. 6-82-31 ST ANT^,^ CONDITIONS : - 1. Notice Of Receipt and Acknowledqement. The permit is not valid and construction shall not camence unci1 6 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 of” iLCE:. 2. Expiration. If development has AOt commenced, the pe-mit will expire two years from the date on which the Commission voted on the application Construction shall be pursued in a diligent manner and completed in a reasonable per,iod of time.. Application for extension of the pennit must be made prior to the expiration date. Compliance. , All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to my special conditions set forth below- plans must be reviewed and approved by the staff and may require Commiss approval. Interpretation. 3. Any deviation from the approved 4. Any questions of intent or interpretation of any condit td.1 be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shaii be allowed to inspect the site ana the development during construction, subject to 24-hour advance notice. ._ 6. P-ssignment. The permit may be assigned to any qualified person, provide assignee files with the Commission an affadavit accepting all terms and conZitions of the permit. -- 7. Terms and Conditions Run with the Land. These terms ar?d conditions shal be perpetual, and it is the intention of the Commission and the pennitte to bind all future owners and possessors of the subject property to the terns and conditions. a . COMMISSION ACT~ON ON DEC. 1 6 . Approved as Recommended u Denied bs Recommended *APPr@ved with Changes c Denied IJ Other . : . I. .... ,.. - 0 a I 1 ~ _- - --- I~ 2142 __ - _- -- - -__-- . -F{,fJ,S, LjLpJL) I 0 a 1.- .Id. 2643 a 1 ._ .' __ __ __ -. - l 1. ! a LBd M PR u. - BAS!% OF BEARINGS mww -*I.--... -=I--- ---e li? M.29S'bY - .. a,.,'. m#marwM#tJ&wN a//;: 3 8' L;j' $ Hh2&€ WFM#P&*# rnNi?- V.". & @ --.-_ ,,~bmUtC9 IuvdV&-#ICIIRnrCr e LEGEND 0 - - - - - nw-c-tcu rewrw tT6m r(c6 v? '/X :> 1 i -.PY.I-- -a1*..- _-^e. e.-- i ... n.A,rrr -..-.a .-a. -.-a 3- o------ MOKYii3 Sn M" ~f KG ld 3104 L.U. dry E it. $ Sckf: /'*80' b Y- --\ Fa. f'!.P M.JEfl 2 R.C.E. IcarA(Ai;w&€ st. R0.S. Mi4 ---' SM€-&rR&. d#3? /9;v,, 9Ql75r \,---. -.- fi,Rfli!5 1' Ira' \ \ €AEMlWFQff mx m.m 73mmi CJ w r" w 6 , -~ hvzvcam mwmw P~P~~~~~~~~ ~~ I 0 0 r w bwr . _- ’ :, f. 0 0 .' 1 ' I , i i --e - 2@&2 Ai'. // J / / KL5' 99i-l 5 -41 -4 R *Dd 5, .. ----_ - -- I_ I' I 0 a i KLk. (RRncRWl#C mm2 /--, &-E H8.S. HI4 €dSBAt?€MfOff mm ST-m 8&. &?NA f973- - m. M 73-mmt 192C.N Y 1 4 739 -__. M $&Le VlCIhlll - ' ma a _- _- -_ 1 e 0 1 - -..-_ . --* .. . I a a City of Carlsbac June 3,1997 Attention: Mr. Richard Retecki California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612-2530 Re: Open Space Easements The Carlsbad City Council, at its meeting of April 15, 1997, accepted open space easements from the California Coastal Commission. Enclosed are the following corrected documents to replace the documents previously sent: 1. Original Certificates of Acceptance for two (2) Offers to Dedicate executed by L. R. Partnership on March 24, 1983 84-296 104 and 84-23 1896 2. Copy of City of Carlsbad City Council Resolution No. 97-444. G!.,5iiZ&cMc Assistant City Clerk KRK:ijp Enclosures ____. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2 June 3,1997 Deborah Bove Legal Assistant California Coastal Commission 45 Fremont, Suite 2000 San Francisco, CA 94105-2219 Re: Open Space Easements The Carlsbad City Council, at its meeting of April 15, 1997, accepted open space easements from the California Coastal Commission. Enclosed, per your request, are the following corrected documents: 1. Original CertifiGates of Acceptance for two (2) Offers to Dedicate executed by L. R. Partnership on March 24, 1983 84-2961 04 and 84-23 1896 2. Copy of City of Carlsbad City Council Resolution No. 97-444. && Assistant City Clerk CMC KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (760) 434-2 STATE OF WLIFORNIA-THE RESOURCES AGENCY e * PETE WI1 CALIFORNIA COASTAL COMMISSION 45 FREMONT, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE AND TDD (415) 904-5200 May 21, 1997 Isabel Paul sen City of Carlsbad Office of City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: Open Space Easements Dear Ms. Paulsen: acceptance package previously submitted to me under cover letter dated May ' 1997. Referencing our telephone conversation today, enclosed please find the As discussed, the package contained errors in the documentation and is Also enclosed is the Commission's standard Certificate of Acceptance fo being returned to you for correction of said errors. for you use. Sincerely 0 \ &&Lt!U A J; &:*A De orah Bove Legal Assistant Enclosures v May 13,1997 b. 5p/ 77 Attention: his. Deborah Bove California Coastal Commission San Francisco, CA 94105-2219 45 Fremont Street, Suite 2000 Re: Open Space Easements The Carlsbad City Council, at its meeting of April 15, 1997, adopted Resolution No. 97-44 accepting open space easements from the California Coastal Commission. Enclosed are the original Certificates of Acceptance for the two (2) Offers to Dedicate executl by L. R. Partnership on March 24,1983, and a copy of City Council Resolution No. 97-444. MC KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (760) 434-28( * May 13, 1997 Attention: Mr. Richard Retecki California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612-2530 Re: Open Space Easements The Carlsbad City Council, at its meeting of April 15, 1997, adopted Resolution No. 97- accepting open space easements from the California Coastal Commission. Enclosed are copies of the Certificates of Acceptance for the two (2) Offers to Dedicate exec by L. R. Partnership on March 24, 1983, and a copy of City Council Resolution No. 97-444. 4 &iiCMC As si st ant City C1 er KRK:ijp Enclosures ____ - __ ___ . - ___ _- _______--- 1200 Car Isbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-