HomeMy WebLinkAbout; Beach King, Inc; 2000-0465425; Deed Restriction(~
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RECORDED REQUEST OF
First American Title
SUBDIVISION MAPPING DEPT.
RECORDING REQUESTED BY AND
RETURN TO:
California.Coastal Commission
45 Fremont St., Suite 2000
San Francisco C4 94105-2219 Attn: Legal Division
DOC# 2000-0465425
AUG
4-131
30, 2000 11: :LB
OFFICIAL RECORDS
.SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: . 10'7 .00
DEED RESTRICTION
I. WHEREAS, BEACH KING INC. a California Corporation
___________ , hereinafter referred to as the "Owner(s)," is/are
the record owner(s) of the following real property:
See Exhibit B attached hereto and inc◊rporated herein by reference,
14 hereinafter referred to as the "Property;" and
15 II. WHEREAS, the California Coastal Commission, hereinafter referred
16 to as the "Commission," is acting on behalf of the People of the State of
17 California; and
18 III. WHEREAS, the subject property is located within the coastal
19 zone as defined in §30103 of Division 20 of the California Public Resources.
20 Code, hereinafter referred to as the "California Coastal Act of 1976,"
21 ( the Act) ; and
22 IV. WHEREAS, pursuant to the Act, the Owner applied to the Commission
23 for a coastal development permit on the Property described above; and
24 V. w'HEREAS, coastal development permit uumber6-99-48 , hereinafter
25 referred to as the "Permit," was granted on January 12 , 2000 , by
26 the Commission in accordance with the provision of the Staff Recommendation
27 and Findings, attached hereto as EXHIBIT A and herein incorporated by
COURT PAPER
STATE OF' C:A\.IFORNrA
STD, 113 (REY. !L-721
O■P
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COURT PAPER
&TATE OP' CAL.IFORNIA
STD. 113 (RE:V, e.72l
o•~
41.·32
reference; and
VI. WHEREAS, the Permit was subject to the terms and conditions
including, but not limited to, the following condition(s):
See Page 2A.
VII. WHEREAS, the Commission found that but for the imposition of the
above condition(s) the proposed development could not be found consistent
with the provisions of the California Coastal Act of 1976 and that a permit
could therefore not have been granted; and
VIII. WHEREAS, Owner has elected to comply with the condition(s)
imposed by the Permit and execute this Deed Restriction so as to enable
Owner to undertake the development authorized by the Permit.
II
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s. Deed Restriction. PRIOR TO nm ISSUANCE OF nm COAST AL 413 3
DEVELOPMENT PERMIT, the applicant shall execute and record an amended deed
restriction in a form and content acceptable to the Executive Director, which provides
that the .applicant shall install and maintain the public access improvements required by
Special Condition #4 of CDP #6-99-48 for the life of the pennitted residences. The deed
restriction shall run with the land, binding all successors and assigns. and shall be
recorded free of prior Jiens that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be removed or changed
without a Coastal Commission-approved amendment to this coastal development pennit
unless the Executive Director detennine~ that no amendment is required.
6. Revised Landscape Plan. ·Prior to the issuance of the coastal development permit,
the applicant shall submit to the Executive Director for review and written approval a
revised final landscape plan, which has been approved by the City of Carlsbad in
consultation with the Department of Fish and Game, to incorporate the following:
a. Only low-growing, native. drought-resistant landscaping which does not reach
sufficient height to block public views to Carlsbad Blvd, Agua Hedionda
Lagoon, Carlsbad State Beach and the Pacific Ocean is acceptable in the rear
yards of the proposed residences. The landscaping plan shall indicate the type,
size, extent and location of all plant materials, the proposed irrigation system and
other landscape features.
b. Maintenance requirements to assure no blockage of public views must be
incorporated into the approved plan. Said landscaping shall be compatible with
the natural character .of the surrounding environment (i.e., non-invasive or
noxious). A written commitment shall be made that all planted materials shall
be maintained in good growing condition.
c. Only low fencing (i.e., no greater than 3-feet high) and at-grade patio and deck
improvements shall be pcnnitted within rear yards.
d. Landscaping shall be installed concurrent with, or within sixty days following,
construction of the approved residences.
PRIOR TO THE ISSUANCE OF THE COAST AL DEVELOP:MENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content acceptable to
the.Executive Director agalnst the subject property. The restriction shall incorporate the
requirements of Special Condition #6 of CDP #6-99-48 to ensure that landscaping and
rear yard improvements shall be of appropriate height, that a landscape maintenance
agreement shall be maintained in perpetuity at the required locations.
1be document shall nm with the land, binding all successors and assigns, and shall be
recorded free of pri~r liens that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be removed or changed
assigns, and shall be recorded free of prior liens that the Executive Director determines
may affect-the enforceability of the restriction. This deed restriction shall not be removed
or changed without a Coastal Commission-approved amendment to this coastal •
development pennit unless the Executive Director detennines that no amendment is
required.
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COURTPA.Pl!:R
aTATC Ot' CAS.IIOltHtA $T0. 113 11t&Y. a-7tl
413r
NOW, THEREFORE, in consideration of the granting of the Permit to the 1
Owner by the Commission, the Owner hereby irrevocably covenants with the
Commission that there be and hereby is created the following restrictions
on the use and.enjoyment of said Property, to be attached to and become a
part of the deed to the property.
1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner.
for himself/herself and for his/her heirs. assigns, and successors in
interest, covenants and agrees that:
a. Owner shall install and maintain the public access improvements in
accordance with the public access plan approved pursuant to special
condition 4 of the Permit, on file and available for inspection at the
Commission's San Diego district office.
b. Owner shall implement the landscaping practices in accordance with
the revised landscape plan approved pursuant to special condition 6 of
the Permit, on file and available for inspection at the Commission's
San Diego District office.
2. DURATION. Said Deed Restriction shall remain in full force
and effect during the period that said permit, or any modification or
amendment thereof remains effective, and during the period that the
development authorized by the Permit or any modification of said development,
remains in existence in or upon any part of, and thereby confers benefit
upon, the Property described herein, and shall bind Owner and all his/her
assigns or successors in interest.
3. TAXES AND ASSESSMENTS. It is intended that this Deed
Restriction is irrevocable and shall constitute an enforceable restriction
within the meaning of a) Article XIII, §8, of the California Constitution;
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COURT PAPER
STA.TIE o, CALt ... OkH1A
STD, 113 (RtV. 9,721
0&1'
413
and b) §402.1 of the California Revenue and Taxation Code or successor
statute. Furthermore, this Deed Restriction shall be deemed to constitute
a servitude upon and burden to the Property within the meaning of §3712(d)
of the California Revenue and Taxation Code, or successor statute, which
survives a sale of tax-deeded property.
4. RIGHT OF ENTRY. The Commission or its agent may
enter onto the Property at times reasonably acceptable to the Owner to
ascertain whether the use restrictions set forth above are being observed.
5. REMEDIES. Any act, conveyance, contract, or authorization
by the Owner whether written or oral which uses or would cause to be used
or would permit use of the Property contrary to the terms of this Deed
Restriction will be deemed a violation and a breach hereof. The Commission
and the Owner may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction. In the event
of a breach, any forbearance on the part of either party to enforce the
terms and provisions hereof shall not be deemed a waiver of enforcement
• h I d. b h rig t s regar 1ng any subsequent reac .
6. SEVERABILITY. If any provision of these restrictions is
held to be invalid, or for any reason becomes unenforceable, no other
provision shall be thereby affected or impaired.
Dated:
SIGNED: By:EA~
President Si0.le 7:>F'f(.;81 PRINT OR TYPE NAME OF ABOVE
SIGNED:
**NOTARY ACKNOWLEDGMENT ON THE NEXT PAGE**
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PRINT OR TYPE NAME OF ABOVE
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4136
STATE Of CALIFORNIA
COUNTY OF _..,,e;,_v-:a__._." .... l)"""o,...J.....,.< __
On • A Notary m a-.y 2<>, c?':QOQ before me, Co:tLy D' Vle I
Public personally appeared __ _,,_Q.._k......_.__,,\J._,·f~h~A_ • ..,.O""-"'c;,\.,-><-+l .... b~/~t------• personally
known to me {or proved to me on the basis of satisfactory evidence) to ·be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrumen·t the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
11 WITNESS my hand and official seal. ~·········••= @ CATHYO'NEIL ••
-• Commission# 1177852. • J i Notary Public-Cafifomla ~
j . Orange Coun1Y f • MyComm.E:xplresMar29,nl.2 ••••••••••••
15 STATE Of CALIFORNIA COUNTY OF _______ _
16
17 On __________ before me, ------------. A Notary
18 Public personally appeared-----------------• personally
19 known to me (or proved to me on the basis of satisfactory evidence) to be the
20 person(s) whose name(s) is/are subscribed to the within instrument and
21 acknowledged to me that he/she/they executed the same in his/her/their
22 a~thorized capacity(ies). and that by his/her/their signature(s) on the
23 instrument the person(s), or the entity upon behalf of which the person(s)
24 acted, executed the instrument.
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WITNESS my hand and official seal.
Signature------~----
COURT PAPER
STAT& Of' CA'Lll'ORNlA
STD. 113 (flEV. B-72> -5-
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l This is to certify that the deed restriction set forth above is hereby
2 acknowledged by the undersigned officer on behalf of the California Coastal
3 Commission pursuant to authority conferred by the California Coastal
4 Commission when it granted Coastal Development Permit No. _6_-9_9_-_·4_8 ___ _
5 on· January 12, 2000 and the California Coastal Commission consents
6 to recordation therof by its duly authorized officer.
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Dated: L-000
ds![L~.
John Bowers, Staff Counsel
California Coastal Commission
14 STATE OF CALIFORNIA
15 COUNTY OF SAN FRANCISCO
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On __ $-"<.1.-,[.;....J(-'-j_b_D ____ before me, __ D_e_bo_r_a_h_L_._Bo_v_e ____ , A Notary
Public personally appeared ___ J_o_h_n_B_ow_e_r_s __________ , personally
known to me (or proved to me on the basis of satisfactory evidence} to be· the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
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acted, executed the instrument.
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25 WITNESS my hand and official seal.
26 /\ II I
27 Signature~ L ~
COURT PAPER
&TA.TE OP CAI..IP'OJINI..,_
STD, I 13 (RE:V. 8-721 -o-
!!TATE 01: "CAUF.pRNIA-THE RESOURCES AGENCY GRAY DAVIS, Gov,mor
' X -CALIFORNIA COASTAL COMl\ .. _310N
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725 EXHIBIT A 4138
(619) 521•8036
Wed Sb
Filed: 6/24/99.
49th Day: Waived
180th Day: 12/24/99
Date of Extension Request: 12/6/99
Length of Extension 90 Days
Final Date for
Commission Action 3/6/00
Staff: WNP-SD
Staff Report: 12/16/99
Hearing Date: • 1/11-14/00
. REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-99-48
Applicant: Beach King, Inc. Agent: Mary Anne Paradise
Description: Proposed is the ·subdivision of a 0.41 acre site into 3 residential lots, and 1
driveway lot (Parcel #1 = 0.11 acres, Parcel #2 = 0.11 acres, Parcel.#3 =
0.14 acres, Parcel #4 [driveway]= 0.06 acres) and construction of a two-
story, 29-foot high, 3,314 sq.ft. single-family residence on each residential
lot. The proposal also includes vacation of the western 27 feet of excess
Carlsbad Blvd. right-of-way.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Parking Spaces
Zoning
Plan Designation
Density
Ht above fin grade
17,994 sq. ft.
4,860 sq. ft. ( 27 %)
2,560 sq. ft. ( 14 %)
10,574 sq. ft. (59 %)
8 spaces total
R~3 (Residential Multi-Family).,23 du/ac. ·
R-H ( Residential High)
9.1 du/ac.
29 feet
Site: At the south west terminus of Chinquapin Avenue, east of Carlsbad
Boulevard, Carlsbad, San Diego County APN 206-070-04
Summary of Staffs Preliminary Recommendation:
Staff is recommending approval of the proposed residential development subject to .a
number of special conditions. The proposed development is located on a lot overlooking
Agua Hedionda Lagoon to the south and the Pacific Ocean to the west. The certified
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6-99-48
Page2 4139
LCP designates a public vista point at the adjacent western tenninus of the street
(Chinquapen Avenue) with views identified across the subject site from this street end.
The proposed development of three, 29 ft, high single-family homes will adversely
impact public views of the lagoon and ocean from the street end. As such, the applicant
has revised their request to include public access improvements in the unimproved street
end to include parking spaces, benches and landscaping. In this way, the public views
from this vista point will be maintained while still allowing the residential development.
However, staff is also recommending the proposed vacation of Carlsbad Blvd. Right-of
Way ( old Highway 101) not be permitted because if that occurred and the City proposes
to widen Carlsbad Blvd. in the future, it would have to be done to the seaward side of
Carlsbad Blvd. Currently, the Tamarack Beach free parking lot exists on the seaward
side of the street between the right of way and the ocean. Expanding the road in this
direction could result in elimination of public parking spaces and/or requiring additional
shoreline protection to provide safety to users of the parking lot from wave uprush. For
that reason, staff recommends the Commission find that approving the vacation of the
Carlsbad Blvd. ROW on the applicant's property is not appropriate. In addition,
eliminating the street vacation and requiring the applicant to maintain the required 40 ft.
setback will allow for enhanced views from the improved vista point.
As conditioned, the development of the site would not interfere with preservation of
views from the adjacent public vista point, consistent with the intent ·of the LUP and
Section 30251 of the Coastal Act. It is staffs understanding that the applicant is not in
agreement with staff's recommendation to delete the street vacation and provide a 40 ft.
setback from the existing western property line for the proposed residential structures.
Substantive File Documents: Certified Agua Hedionda Land Use Plan,
CDP Nos. 6-87-112, 6-99-37, 6-99-66
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. • MOTION: I move that the Commissi.on approve Coastal Development
Permit No. 6-99-48 pursuant to the staff recommendation.
STAFF RECOMMENDATION OF APPROVAL:
Staff recommends a YES. vote. This will result in adoption of the following resolution
and findings. The motion passes only by affirmative vote of a majority of the
Commissioners present.
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__________ ............. --·····-.. ··
·-· RESOLUTION TO APPROVE THE PERMIT:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned, will be in confonnity with the policies of Chapter 3 of the Coastal Act and
will not prejudice the ability of the local government having jurisdiction over the area to
prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of
the pennit complies with the California Environmental Quality Act because there are no
further feasible mitigation measures or alternatives that would substantially lessen any
significant adverse impacts of the development on the environment.
n. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Revised Parcel Map, Site and Building Plans. Prior to the issuance of the coastal
development permit, the applicant shall submit for the review and written approval of the
Executive Director, a revised parcel map and revised final site and building plans
approved by the City of Carlsbad that are in substantial conformance with the map and
plans submitted by Bird Designs, dated October 7, 1999, but shall be revised as follows:
a. The vacation of the western 27 feet of excess Carlsbad Blvd. Right-of Way shall
be deleted.
b. The proposed residences shall be setback 40-feet from the western property
boundary as it currently exists without the Right-of-Way vacation.
The permittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. Proposed changes to the approved final plans shall not occur without a Coastal
Commission-approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
2. Open Space Deed Restriction-Setback Area. No development, as defined in
Section 30106 of the Coastal Act shall occur within the 40-foot rear yard setback along
the Carlsbad Blvd. Right-of-Way of the proposed residences as shown in Exhibit #8
except for:
a. low growing (i.e., no greater than 3-feet high) drought tolerant native plants
consistent with the present character of the area;
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6-99-48
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b. low fencing (i.e., no greater than 3-feet high), and at-grade patio and deck
improvements as identified in Special Condition #6 of CDP #6-99-48;
PRIOR TO THE ISSUANCE OF THE COAST AL DEVELOPl\,IBNT PERMIT, the
applicant shall execute and record an amended deed restriction in a fonn and content
acceptable to the Executive Director, reflecting the above restriction on development on
the subject site. The deed restriction shall include legal descriptions of both the
applicant's entire parcel and the adjacent public vista point. The deed restriction shall run
with the land, binding.all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the restriction.
This deed restriction shall not be removed or changed without a Coastal Commission-
approved amendment to this coastal development permit unless the Executive Director
detennines that no amendment is required.
3. Open Space Deed Restriction-Public Access Area. No development, as defined
in Section 30106 of the Coastal Act, shall occur within the Chinquapin A venue Street .
End Right-of-Way except for the public access improvements approved pursuant to CDP
#6-99-49. Additionally, the landowner shall be prohibited from interfering with the
maintenance of these improvements.
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicani and the City of Carlsbad as landowner shall execute and record an amended
deed restriction in a form and content acceptable to the Executive Director, reflecting the
above restriction on development on the adjacent pubic vista point. The deed restriction
shall include legal descriptions of both the applicant's entire parcel and the adjacent
public vista point. The deed restriction shall run with the land, binding all successors and
assigns, and s~all be recorded free of prie>r liens that the Executive Director determines
may affect the enforceability of the restriction. This deed restriction shall not be removed
or changed without a Coastal Commission-approved amendment to this coastal
development permit unless the Executive Director determines that no amendment is
required.
4. Public Access Plan. PRIOR TO THE ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director, for
review and written approval, a final plans for the proposed public access improvements in
the Chinquapin Ave ROW. Said plan shall be in substantial conformance with the
preliminary plan submitted by the applicant, by Bird Design, dated October 7, 1999 and
approved by the City of Carlsbad. The plan shall include, at a minimum, the following:
a. Provision of a 40-foot long, five-foot wide (or wider if necessary to meet Americans
with DisabiHties Act [ADA) standards) improved granite path within the Chinquapin .
Ave ROW to lead from the proposed parking spaces westward to a 30-foot wide
concrete pad with two concrete benches on the pad, two standard sized parking spaces
adjacent to the cul-de-sac terminus of Chinquapin Avenue, a three-foot high guardrail
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6-99-48
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at the seaward extent of the pad which corresponds to the top of the existing 2: i" slope
that descends to Carlsbad Blvd
b. A five-foot high fence at the southern extent of the Chinquapin right-of-way to.
maintain privacy between visitors and the adjacent proposed residence to the south
and drought tolerant shrubs between the fence and the pad and walkway.
c. • Provision of public access signs at the intersections of Carlsbad Blvd./famarack
A venue, Tamarack A venue/Garfield Street and Garfield Street/ Chinquapin A venue
which identify that public access is available to pedestrians, bicyclists and motorists
from Chinquapin A venue to the public viewpoint within the Chinquapin A venue right
of way.
d. Provision that that the path and signage shall be constructed/installed concurrent with
construction of the residences and open and available to the public within sixty (60)
days following construction ~f the approved residences.
The pennittee shall undertake development in accordance with the approved public
access plan. Any proposed changes to the approved public access plan shall be reported
to the Executive Director. No changes to the approved plan shall occur without an
amendment to this coastal development permit unless the Executive Director determines
that no amendment is required.
5. Deed Restriction. PRIOR TO THE ISSUANCE OF THE COAST AL
DEVELOPMENT PERMIT, the applicant shall execute and record an amended deed
restriction in a form and content acceptable to the Executive Director, which provides
that the applicant shall install and maintain the public access improvements required by
Special Condition #4 of CDP #6-99-48 for the life of the permitted residences. The deed
restriction shall run with the land, binding all successors and assigns, and shall be
~ecorded free of prior liens that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be rell)oved or changed
without a Coastal Commissiqn-approved amendment to this coastal development pennit
unless the Executive Director determines that no amendment is required.
6. Revised Landscape Plan. Prior to the issuance of the coastal development permit,
the applicant shall submit to the Executive Director for review and written approval a
revised final landscape plan, which has been approved by the City of Carlsbad in
consultation with the Department of Fish and Game, to incorporate the following:
a. Only low-growing, native, drought-resistant landscaping which does not reach
sufficient height to block public views to Carlsbad Blvd, Agua Hedionda
Lagoon, Carlsbad State Beach and the Pacific Ocean is acceptable in the rear
yards of the proposed residences. The landscaping plan shall indicate the type,
size, extent and location of all plant materials, the proposed irrigation system and
other landscape features.
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6-99-48
Page6
b. Maintenance requirements to assure no blockage of public views must be
incorporated into the approved plan. Said landscaping shall be compatible with
the natural character of the surrounding environment (i.e., non-invasive or
noxious). A written commitment shall be made that all planted materials shall
be maintained in good growing condition.
c. Only low fencing (i.e., no greater than 3-feet high) and at-grade patio and deck
improvements shall be permitted within rear yards.
d. Landscaping shall be installed concurrent with, or within sixty days following,
construction of the approved residences.
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content acceptable to
the Executive Director against the subject property. The restriction shall incorporate the
requirements of Special Condition #6·of CDP #6-9948 to ensure that landscaping and
rear yard improvements shall be of appropriate height, that a landscape maintenance
agreement shall be maintained in perpetuity at the required locations.
The document shall run with the land, binding all successors and assigns, and shall be
recorded free of prior liens that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be removed or changed
without a Coastal Commission-approved amendment to this coastal development permit
. unless the Executive Director determines that no amendment is required.
7. Drainage/Runoff/Sedimentation Control. Prior to the issuance of the coastal
development permit, the applicant shall submit for the review and written approval of the
Executive Director, final 'drainage and runoff control plans for the project designed by a
licensed engineer qualified in hydrology and hydraulics, which have been approved by
the City of Carlsbad, which assure no increase in peak runoff rate from the developed site
over runoff from the natural site, as a result of a ten-year frequency storm over a six-hour
duration (10 year, 6 hour rainstorm). The plan shall document that runoff from the
impervious surfaces of the site will be collected and discharged at a non-erosive velocity
and elevation. Energy dissipating measures at the terminus of any proposed outflow
drains shall be constructed. The applicant shall also submit a written commitment
indicating that all devices shall be installed and maintained by the applicant in
accordance with the approved plan.
The pennittee shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. Proposed changes to the approved final plans shall not occur without a Coastal
Commission-approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
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---~ 8. Grading/Erosion Control. PRIOR TO THE ISSUANCE OF THE COASTAL
DEVELOPl\.ffiNT PERMIT. the applicant shall submit to the Executive Director for
review and written approval, final grading and erosion control plans that have ·been
approved by the City of Carlsbad. The approved plans shall incorporate the following
requirements:
a. No grading activities shall be allowed during the rainy season (the period from
October 1st to March 31st of each year). All disturbed areas shall be replanted ·
immediately following grading and prior to the beginning of the rainy season.
b. The pennittee shall submit a grading schedule to the Executive Director
demonstrating compliance with the above restriction.
c. All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any on-site grading activities. All areas
disturbed, but not completed, during the construction season, including graded pads,
shall be stabilized in advance of the rainy season. The use of temporary erosion
control measures, such as berms, interceptor ditches, sandbagging, filtered inlets,
debris basins, and silt traps shall be utilized in conjunction with plantings to
minimize soil loss during construction.
d. • Landscaping shall be installed on all cut and fill slopes prior to October· 1st with
temporary or permanent (in the case of finished slopes) erosion control methods.
Said planting shall be accomplished under the supervision of a licensed landscape
architect, shall provide adequate coverage within 90 days, and shall utilize
vegetation of species compatible with surrounding native vegetation, subject to
Executive Director approval.
The permittee shall undertake development in accordance with the approved grading and
erosion control plans. Any proposed changes to the approved grading and erosion control
plans or grading schedule shall be reported to the Executive Director. No changes to the
plans shall occur without a Coastal Commission approved amendment to this coastal
development pennit unless the Executive Director determines that no amendment is
required.
9. Water Quality/ Best Management Practices (BMPs). PRIOR TO THE
ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicants shall
submit for the review and written approval of the Executive Director, a BMP program for
the proposed development. At a minimum, the program shall incorporate the following
requirements:
a. All storm drain inlets shall have stenciling that prohibits the disposal of trash in
the drains;
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b. Solid waste shall be removed regularly and receptacles for trash and recyclable
materials shall be placed adjacent to any common facilities; and
The submitted program shall include, at a minimum, a site plan that shows the location of
all storm drains, trash receptacles, and recycling containers; and schedules for trash
removal. The program shall also include a copy of the stenciling that will be placed on
the curb of each storm drain inlet.
The permittee shall undertake development in accordance with the approved plans. Any
proposed changes to the approved final plans shall be reported to the Executive Director.
Proposed changes to the approved final plans shall not occur without a Coastal
Commission-approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
10. Disposal of Graded Spoils. Prior to the issuance.of the coastal development
permit, the applicant shall identify the location for the disposal of graded spoils. If the
site is located within the coastal zone, a separate coastal development permit or pennit
amendment shall first be obtained from the California Coastal Commission or its
successors in interest.
11. Other Permits. Prior to the issuance of the coastal development permit, the
applicant shall submit for review and written approval of the Executive Director, copies
of encroachment agreements and right-of-way agreements required by the City of
Carlsbad that allow for the installation of access improvements in the public right-of -
way as shown on the plan required by Special Condition #4 of CDP #6-99-48 and that
allows for the applicant to maintain the improvements for the life of the permitted •
residences.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. Proposed is the subdivision of a 0.41 acre site into 3
residential lots, and 1 driveway lot (Parcel #1 = 0.11 acres, Parcel #2 = 0.11 acres,
Parcel #3 = 0.14 acres, Parcel #4 [driveway}= 0.06 acres) and construction of a two-
story, 29-foot high, 3,314 sq.ft. single-family residence on each residential lot. The
proposal also includes vacation of the western 27 feet of excess Carlsbad Blvd. right-of-
way. Approximately 780 cubic yards of grading is proposed with 120 cubic yards of fill
and 660 cubic yards to be exported off-site. Special Condition #10 requires the location
for the disposal of graded spoils be identified. If the site is located within the coastal
zone, a separate coastal development permit or permit amendment must be obtained.
The applicant proposes to install public viewshed improvements within ~ area identified
in the certified Agua Hedionda Lagoon Land Use Plan as a: public vista point. The vista
point is located immediately adjacent to the project site to the north within 50-foot wide
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• -../. public right of way owned by the City of Carlsbad. The right of way is the paper street
end of Chinquapin A venue as it :would interse·ct with Carlsbad Blvd .. a major coastal
access route and identified Scenic Highway. According to the City, tbe right of way will
not be improved as a public street. The proposed improvements include benches,
landscaping, a walkway, guardrail and two parking spaces. The City has authorized
construction of the proposed improvements .. The applicant bas also proposed a bench to
provide public views to Agua Hedionda Lagoon to the south within the southeast corner
of the project site.
The project site is on inland bluff located at the southwest tenninus of Chinquapin
A venue, just east of Carlsbad Blvd., approximately 300 feet north of Agua Hedionda
Lagoon in the City of Carlsbad. The portion of site to be developed is 40 to 50 feet above
sea level and has been previously graded and slopes gently from east to west with the
exception of the slope that descends to Carlsbad Boulevard. It is covered with non-native
grasses and i~e plant and contains no sensitive vegetation. The property fronts on
Carlsbad Boulevard to the west; however, it is precluded access from Carlsbad Blvd.
because of steep topography.
The project site gives a panoramic view of ocean to the west, the outer basin of Agua
Hedionda Lagoon to the south, and Carlsbad State Beach and Carlsbad Boulevard in both
directions. The surrounding area is characterized by a mixture of older, single-family
homes and duplexes, and newer high density, multi-family housing.
The property is zoned Residential High allowing up to 23units/acre in the certified Agua
Hedionda Land Use Plan. The Agua Hedionda Lagoon plan area is the only uncertified
segment in the City of Carlsbad's LCP; therefore, the Commission retains permit
jurisdiction in this area with the standard of review being the Chapter 3 policies of the
Coastal Act with the Agua Hedionda Lagoon LUP used as guidance.
In CDP #6-87-112, the Commission approved a three-story, 14,175 sq.ft. eight unit
condominium structure on a 13,400 sq.ft. lot at the southeast corner of the intersection of
Carlsbad Blvd. and Sequoia Avenue, which is about 150-feet north of the project, site. The
Commission noted the project site was located to the east of a designated scenic corridor,
Carlsbad Blvd .. was about 500 feet from Agua Hedionda Lagoon and was approved with a
extensive landscape plan.
2. Visual Resources. Section 30251 of the Coastal Act is applicable and states in
part:
The scenic and visual qualities of coastal areas shall be considered and protected
as a resource of public importance. Permitted development shall be sited and
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 ....
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The project site is on a visually prominent inland bluff overlooking _Carlsbad Boulevard,
a designated scenic corridor and first coastal road, Carlsbad State Beach and the Pacific
Ocean. It is also within 300 feet of the outer basin of Agua Hedionda Lagoon. It is
relatively flat and contains no biological resources. The adjacent City right of way to the
north of the subject site (i.e., the end of Chinquapin Avenue) is identified in the certified,
Agua Hedionda Lagoon Land Use Plan as a public vista point. LUP policy 8.2 provides
that special vista points and viewing areas shall be preserved, and made available to the
public, as indicated on Exhibit K (attach~d). Another LUP identified vista point is
identified near the project site at Garfield Street across from Date Avenue at a point that
overlooks Agua Hedionda Lagoon. Currently, this vista point is unimproved and there
are no plans for its improvement.
In its approval of the parcel map, the City found the project would not preclude the vista
point. The City found that a 50' wide view corridor would remain within dedicated
Chinquapin A venue ROW that exists between the proposed cul-de-sac end of Chinquapin
and Carlsbad blvd. While on paper Chinquapin A venue intersects Carlsbad Blvd,
according to the City, it has no intention of improving Chinquapin to Carlsbad Blvd.
because of topographical differences between the r~ads.
In its approval of a planned unit development permit and site development plan, the City
found the project bad no unmitigable adverse visual impacts because it proposed varied
architectural features, earth toned building and roof colors, structures compatible with
existing multifamily units to the east, single family residences to protect the mix of
residential development in the project area as most of the newer developments are multi
family attached products. The City also found the proposed detached homes involved
less view obstruction and less bulk than a multi-family attached project and concluded
the project did not preclude the identified vista point at the westerly terminus of
Chinquapin A venue. In other words, the City found that because the 50' wide view
corridor would remain within dedicated Chinquapin Avenue ROW, the project could be
found consistent with the LUP requirement.
The existing views across the project site from Chinquapin Ave. offer a panoramic view
• of the ocean and its horizon as well as downcoast views of the outer basin of Agua
Hedionda Lagoon and Carlsbad State Beach as well as Carlsbad Blvd. This view is
outstanding looking south from the site because of the site's location on a low bluff at
approximate elevation 50 and the fact that looking south there is very little residential
development to be seen. In effect, it is an open space view of approximately ¾ of a mile
as only the beach, ocean, road, powerplant and a limited view of the lagoon is seen.
There are few, if any, views that are like it in San Diego County. Construction of the
proposed houses would obstruct much of this view, leaving only two relatively narrow
corridors. One corridor would be to the south across the proposed common area of the
site towards Agua Hedionda Lagoon.· The second corridor would be to the west across
the unimproved Chinquapin Ave. right-of-way, which would afford a mostly tunnel view
of the ocean with some views to the north. Thus, with construction of the proposed three
residential structures, the unique panoramic views across the site would be lost. Upcoast
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6-99-48
Page 11
views from the project site include the ocean and the shoreline; however. the area inland
of Carlsbad Blvd. is primarily residential development. This view would mostly remain
until development of the two vacant lots to the north of the Chinquapin Right of Way is
constructed.
As noted, Section 30251 of the Coastal Act-requires that public views to and along the
coast be protected in conjunction with new development. As such. within the proposed
development. views from Chinquapin A venue to the south and west need to be preserved.
In addition. views of the site from the lagoon, beach and adjacent road need to be
addressed. •
The applicant has submitted a visual analysis of views from the project site to the
identified scenic resources. The applicant's analysis of upcoast and downcoast views
was from two points on the site. one near the eastern property line of the 0.41 acre lot and
the other near the bluff.edge within the City's proposed 50-foot view corridor. Regarding
visual impacts from the former. the applicant found that existing views towards the south
(lagoon views) will remain unaltered with the use of a proposed transparent material
fence proposed on the lot's southeastern boundary and that although the proposed
buildings would block the view of Carlsbad Blvd, the public would have a complete view
of it from the proposed view corridor. The applicant found that views from inside the
view corridor near the bluff edge allows wide open view towards the ocean, that inside
the view corridor the viewer will have a completely unobstructed view to the north of the
ocean and beach and that views to the south from the view corridor will be unaffected by
the proposed project. •
However, the Commission disagrees. This identified public viewing area is one of only a
few places in Carlsbad where public views are identified in LCP. The proposed 50-foot
wide view corridor left from developing the project site with 3 houses and future single
family residences on two lots to the north of the project site will not meet the intent of the
LCP. What is left provides only a "tunnel .. view corridor. not the panoramic view
corridor envisioned by the LUP. Views to the south (Agua Hedionda Lagoon) will be
dominated not by the lagoon but the Encina Power plant and its tall smokestack. horizon
views of the ocean will be lost or partially obscured, Carlsbad State beach and Carlsbad
Blvd. views will be lost or partially obscured. Section 30251 of the Coastal Act requires
that more not less emphasis be placed on reducing visual impacts to and along the coast.
Additionally. three large houses (each two-story. 29-foot high, 3,314 sq.ft.) sited so near
the bluff edge (within 10 feet) will have a greater adverse visual impact on the scenic
quality of the area. Because of this siting, the project will be highly visible from
Carlsbad Blvd .. Carlsbad State beach and along portions of the trail on the north shore of
Agua Hedionda Lagoon and the ocean shoreline. The applicant's visual analysis failed to
show how the project would impact views to the site from these scenic areas-it only
showed views from the project site to those areas. The City's approval made it possible
for the houses to be sited so near the bluff edge. The City allowed the vacation of 27' of
right-of-way of Carlsbad Blvd. to the applicant. The standard PUD setback requirenient
from major arterials is 40'. With the street vacation approved by the City. the proposed
homes will be sited much closer to the bluff edge than if the right of way not been
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Page 12 41-4:9
vacated. Without the street vacation, the project would be required to meet the 40 ft. rear
yard setback from the right of way of Carlsbad Blvd. resulting in the project being sited
further away from the bluff edge with the corresponding reduction in size of the units and
visual impact. The proposed 40 foot set back would lessen the adverse visual impact of
these houses as they would no longer "loom" near the bluff edge. Special Condition #1
requires that the street vacation be deleted and that the homes be moved back 40 feet
from the current property line which might require a redesign of the houses. In any
event, the entire site does not have to remain completely open for views, but a project
should be designed that would maintain.view corridors, so public views, particularly to
the south, would be maintained from the public street.
In response to these concerns, the applicant has submitted a public viewshed protection
plan. As proposed by the applicant, within the 50-foot wide right of way of Chinquapin
Avenue a 50-foot wide public view corridor would be maintained. It would include two
standard sized parking spaces adjacent to the cul-de-sac terminus of Chinquapin Avenue.
A 3-5-foot wide, 40-foot long decomposed granite walkway is proposed to lead from the
parking spaces westward to a 30-foot wide concrete pad with two concrete benches on
the pad. A three-foot high guardrail is proposed at the seaward extent of the pad which
corresponds to the top of the existing 2: 1 slope that descends to Carlsbad Blvd. A five-
foot high fence is proposed at the southern extent of the Chinquapin right-of-way to
maintain privacy between visitors and the adjacent proposed residence to the south.
Drought tolerant shrubs are proposed between the fence and the pad and walkway. In
addition, the proposed houses will be setback an additional 5 feet from the original
submittal. Additionally, a concrete bench is proposed on the southeast comer of the
subdivision's 300 sq.ft. passive recreational area to provide public views to the south of
the lagoon and beyond. A three-foot high guardrail is also proposed at this location as
this area is at the top of a south-facing slope that descends to the north shore trail along
Agua Hedionda Lagoon. The applicant finds the plan provides the public views as
identified in the LUP as views from the benches within the Chinquapin right-of-way
would be panoramic (i.e., 180 degrees).
The Commission finds the proposal meets the requirements of the LUP for preserving
and protecting public viewpoints and is consistent with the Coastal Act policies
concerning protection of the scenic qualities of the coast. Although the proposed
residences would block the panoramic views that are currently available from the
terminus of Chinquapin A venue, the proposal to install public access improvements in
the Chinquapin Ave. right-of-way would mitigate this impact by facilitating use of the
right-of-way to gain those panoramic views. Notwithstanding the preceding, the
Commission finds the proposed houses must be set back 40 feet in order to ensure that
the panoramic view will remain available from the Chinquapin ROW. This set back is
necessary to retain panoramic views from the ROW. Only as required can the proposed
project be found consistent with the Coastal Act.
The revised plan resolves the Commission's concerns regarding preservation of public
views, (i.e., the revised plan provides 180-degree views from the viewpoint), however,
the Commission remains concerned over the City's action to allow the Carlsbad Blvd.
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6-99-48
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._,.· ROW to be vacated on the applicant's site. If the ROW is vacated as proposed, any plans
to widen Carlsbad Blvd. in the future would require widening on the seaward side of
Carlsbad Blvd. Currently, the Tamarack Beach free parking lot exists on the seaward
side of the street between the right of way and the ocean. Expanding the road in this
direction could result in elimination of public parking spaces and/or requiring additional
shoreline protection to provide safety to users of the parking lot from wave uprush.
Section 30210 of the Coastal Act requires that maximum access be provided, including
public access/parking and Section 30253 requires that new development 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 Iandfonns •
along bluffs and cliffs. Because these impacts could occur if the Carlsbad ROW was
expanded on its seaward side, the proposed vacation of the right of way can not be founq.
consistent with the above Coastal Act sections. For that reason, the Commission finds
that approving the vacation of the Carlsbad Blvd. ROW on the applicant's property is
inconsistent with Sections 30210 and 30253 of the Coastal Act. •
Similarly, the Commission also takes issue with the City finding that because Chinquapin
would never be extended through to Carlsbad Blvd. there would always be a 50-foot
visual corridor for the public to view from. However, this ROW could be abandoned at
some point just as Carlsbad Blvd. ROW was abandoned to this applicant. The City could
have reserved a public viewpoint with its action and provided benches as a viewing area
or could have required the applicant to do the same but failed to do so. The applicant has
since proposed the. improvements and the City has given the applicant.authorization to
install the public viewpoint improvements, although the City has refused to join this
application as a co-applicant because of concerns over maintenance and liability of the
improvements. The deed restriction over the ROW is necessary to insure that the
• property will be developed only with public access improvements. Moreover, if the
ROW is ever vacated, the future property owner will be on notice of the restrictions on
use. The Commission further finds that the permittee is required to maintain the public
· access improvements. If the permittee wants to contract with someone else such as the
Agua Hedionda Lagoon foundation or homeowners association they can do so. Another
possibility is that a private association like a local rotary club will accept maintenance
and liability responsibilities. The below conditions are imposed to assure that the
viewpoint will be viable as a public resource for as long as the proposed residences
remain on the site. •
Special Condition #1 requires that a revised/final parcel map, site and building plans be
submitted which identify that the vacation of the western 27 feet of excess Carlsbad Blvd.
Right-of Way be deleted with the result that the proposed residences shall be setback 40-
feet from the western property boundary. Special Condition #11 requires the applicantto
provide evidence that an encroachment agreement and a right of way agreement from the
City has been obtained that allows the applicant to install the improvements for the ROW
as shown on the plan required by special condition #4 and allows the applicant to
. maintain such improvements for the life of the permitted residences. Finally, Special
Condition #6 requires only low fencing (i.e., no greater than 3-feet high) and at-grade
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patio and deck improvements shall be permitted within rear yards to ensure proposed
residential improvements will not block or obstruct public views originating from the
vista point across the subject site.
Special Condition #2 requires an open space deed restriction prohibiting development
within the required 40-foot rear yard setback of the proposed residences except for
drought tolerant native plants consistent with the present character of the area, low
fencing to demarcate public/private space and at .. grade patio and deck improvements.
Special Condition #3 requires an open space deed restriction requiring,that no
development can occur within the Chinquapin Avenue right-of-way except for the
approved public access improvements. Additionally, the landowner shall be prohibited
from interfering with the maintenance of these improvements.
Special Condition #4 requires a final public access plan for the proposed public access
trail improvements in the Chinquapin Ave ROW, approved by the City of Carlsbad,
which provides that the final plans are in substantial conformance with the preliminary
plan submitted by the applicant. The plan shall include, at a minimum, the provision of a
40-foot long five-foot wide (or wider if necessary to meet Americans with Disabilities
Act [ADA] standards).improved granite path within the Chinquapin Ave ROW to lead
from the parking spaces westward to a 30-foot wide concrete pad with two concrete
benches on the pad, two standard sized parking spaces adjacent to the cul-de-sac
terminus of Chinquapin Avenue,·a three-foot high guardrail at the seaward extent of the
· pad which corresponds to the top of the existing 2: 1 slope that descends to Carlsbad Blvd,
a five-foot high fence at the southern extent of the Chinquapin right-of-way to maintain
privacy between visitors and the adjacent proposed residence to the south, drought
tolerant shrubs between the fence and the pad and walkway. The plan shall also include
public access signs at the intersections of Carlsbad Blvd./famarack A venue, Tamarack
A venue/Garfield Street and Garfield Street/ Chinquapin A venue which identify that
public access is available to pedestrians, bicyclists and motorists from Chinquapin
A venue to the public viewpoint within the Chinquapin A venue right of way. The plan
shall also provide that the path and signage shall be constructed/installed concurrent with,
or within sixty days following, construction of the approved residences.
Spe~ial Condition #5 requires a deed restriction be recorded which requires that the
applicant install and maintain the public access improvements required by Special
condition #4 for the life of the permitted residences.
Special Condition #6 requires a revised landscape plan requiring that only low-growing,
native, drought-resistant landscaping is acceptable in the rear yards .. The plan shall also
include the use of species which do not reach sufficient height to block public views from
Carlsbad Blvd, Agua Hedionda Lagoon and Carlsbad State Beach and shall be
compatible with the natural character of the surrounding environment (i.e., non-invasive
or noxious). While rear yard improvements, including landscaping, are required to be
low to preserve public views across the site, the condition requires that higher growing
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vegetation be installed to minimize the visual impact of the proposed structures. The
condition also requires. that a landscape maintenance agreement shall be maintained for
the project through a written commitment that all planted materials shall be maintained in
good growing condition and that landscaping shall be installed concurrent with, or within
sixty days following construction of the approved resid~nces.
In summary, as conditioned, the proposed residential development will not adversely
impact existing public views to and from Agua Hedionda Lagoon, Carlsbad Blvd.,
Carlsbad State Beach and the Pacific ocean and can be found consistent with Section
30251 of the Coastal Act.
3. Public Access. The project site is not located between the first public road
and the sea (Carlsbad Blvd.) However,_the site has been historically used by the public as
evidenced by worn footpaths between the flat portion of the site and a slope leading to an
existing trail on the north shore of the lagoon. As such, the project must be found
consistent with Section 30211 of the Coastal Act which states:
Development shall not interfere with the public's right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the
use of dry sand and rocky coastal beaches of the first line of terrestrial vegetation.
The significance of the trail as a regional resource rather than a neighborhood trail is not
fully known at this time. The Agua Hedionda Lagoon LUP calls for a trail on the north
shore of the lagoon but the paths leading from the site to the existing north shore trail are
not part of that trail system. Staff did an informal survey of public use of the site-only
area residents said they used path. In any event, there are a number of points east of the
project site where access to the lagoon can be gained. These areas extend from nearby
Garfield Street as it dead-ends near the bluff edge that leads down to the trail that is_
within the powerplant property. Although under ownership of the utility, the public is
allowed to access the main trail on the north shore of the lagoon from the many footpaths
that lead from Garfield down the bluff to the trail. As such, it does not seem likely that
visitors to this area would use the trail on the subject site to access the lagoon or the
beach.
4. Water Quality/Grading/Erosion and Sedimentation. The following Coastal Act
policy is applicable to the proposed development and states:
Section 30231
The biological productivity and the quality of coastal waters, streams, wetlands.
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained and, where
feasible, restored through, among other means, minimizing adverse effects of waste
water discharges and entrainment, controlling runoff, preventing depletion of ground
water supplies and substantial interference with surface water flow, encouraging
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waste water reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
4153
Also, Section 30240 of the Coastal Act calls for the protection of sensitive habitat by,
among other means, regulation of development in adjacent areas. The applicant proposes
approximately 780 cubic yards of grading (120 cubic yards of fill and 660 cubic yards to
be exported off-site) on a 0.41 acre site located near the north shore of Agua Hedionda
Lagoon. Agua Hedionda Lagoon has been identified by the State Department of Fish and
Game as one of the 19 highest priority wetland areas for acquisition and, as such, is
referenced in Section 30233( c) of the Coastal Act. The adverse impacts of development
most often associated with wetland areas are erosion of soils within the watershed and
subsequent sediment transport to the wetlands.
However, there is still a concern with the actual development of a site in such a sensitive
location. To protect the downstream resources of the lagoon from the potential of erosion
and sedimentation associated with development of the site, Special Condition #7 has been
attached to the permit. Special Condition #7 requires a drainage/runoff/sedimentation
control plan to assure no increase in peak runoff rate from the developed site over runoff
from the natural site, as a result of a ten-year frequency storm over a six-hour duration
(10 year, 6 hour rainstorm). The plan shall document that runoff from the impervious
surfaces of the site will be collected and discharged at a non-erosive velocity and
elevation.
Special Condition #8 requires a grading and erosion control plan that indicates no grading
activities shall be allowed during the rainy season (the period from October 1st to March
31st of each year). All disturbed areas shall be replanted immediately following grading
and prior to the beginning of the rainy season. The condition also specifies that all
disturbed areas will be replanted immediately following grading and prior to the
beginning of the rainy season and the installation of temporary and permanent runoff and
erosion control devices shall be developed and installed prior to or concurrent with any
on-site grading activities. These requirements are consistent with the certified Agua
Hedionda LUP which contains detailed grading provisions.
The applicant propose to direct all runoff from the developed portions of the site into an
existing municipal storm drain system in Carlsbad Blvd. Special Condition #9 requires a
Best Management Practices (BMPs) program for the proposed development which all
storm drain inlets shall have stenciling that prohibits the disposal of trash in the drains,
solid waste shall be removed regularly and receptacles for trash and recyclable materials
shall be placed adjacent to any common facilities and sweeping of all paved surfaces
shall occur at least once a week. The submitted program shall include, at a minimum, a
site plan that shows the location of all storm drains, trash receptacles, and recycling
containers; and schedules for street sweeping and trash removal. The program shall also
include a copy of the stenciling that will be placed on the curb of each storm drain inlet.
In summary, as conditioned, the Commission finds that potential adverse impacts related
to water quality and sedimentation have been minimized to the maximum extent feasible.
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Page 17
5. Local Coastal Planning. Section 30604(a) requires that a coastal development
permit shall be issued only if the Commission finds that the permitted development will
not prejudice the ability of the local government to prepare a Local Coastal Program
(LCP) in confonnity with the provisions of Chapter 3 of the Coastal Act. Such a finding
can be made-for the subject proposal as conditioned. •
The City of Carlsbad has a certified land use plan and is currently developing its
implementation component. The site is zoned R-3 and designated in the certified Agua
Hedionda Land Use Plan for High-Density Residential development and the proposed
project is consistent with these designations (the project's density is 9.1 du/ac). As noted,
the LUP identifies as public vista point adjacent to the project site. As conditioned, the
project will be redesigned consistent with that intent as it will not block or obscure views
to a number of scenic features in the area and the view corridor over this site will be
enhanced and preserved to secure this area as a public viewing area in perpetuity.
Therefore, the Commission finds that approval of the proposed development will not
prejudice the ability of the City of Carlsbad to continue developing a fully certifiable
LCP.
6. CEOA finding. California Environmental Quality Act (CEOA) Consistency.
Section 13096 of the Commission's administrative regulations requires Commission
approval of a Coastal Development Permit to be supported by a finding showing the
pennit is consistent with any applicable requirements of the California Environmental
Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed
development from being approved if there are feasible alternatives or feasible mitigation
measures available which would substantially lessen.any significant adverse effect which
the activity may have on the environment.
As redesigned above, the proposed project has been found consistent with the visual
protection policies of the Coastal Act. There are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impact, which the activity may have on the environment. As noted above, the project
will be redesigned to maximize public views to and across the site. This redesign will
give reasonable use of the site without adversely affecting identified public views from .
the adjacent public right-of-way. The revised project will also be designed to
accommodate public access along the eastern portion of the site to gain access to a bench
to accommodate. views to the south. Therefore, the Commission finds that the proposed
project is the least_ environmentally damaging feasible alternative and can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
(G:\San Diego\Reports\1999\6-99-48BchKngstfrpt.doc)
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Exhibits 1 through 9 of the Staff Recommendation and Findings (Exhibit A) for CDP
No. 6-99-48 are on file and available for inspection at the Commission's San Diego
District office, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402.
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Content of Exhibits
Location Map
Parcel Map
Public Views
Floor Plan
Project Area
Elevations
View Corridor Plan
Open Space Deed Restriction...; 40 Foot
Setback form Western Property Line
Open Space Deed Restriction Public Improvement Site
• rr1.,-·o, ~-nm usouacas AOBNCY 1'11111 WJLSON. c--.,
CALIFORNIA COASTAL COMMISSION
8.\Ml>IIIOOAUA
)Ill CUtlHODlf,RJOlfM1H. surra200
BAN Dl'M\O. CA 921111,1n, EXHIBI T A (619) '21,II06
Date Janum 14, 2000
Application No. 6-99-48
Page 1 of_L_
NOTICE OF INTENT TO ISSUE PERMIT
On JAruJBJY 12. 2000 . the California Coastal Commission approved the application of
Bench Kin&, Inc. , subject to the attached standard and special conditions, for the
development described below:
Description: Proposed ls the subdivision of a 0.41 acre site into 3 residential lots, and 1
driveway Jot (Parcel #l =-0.11 acres, Parcel #2 = 0.11 acres, Parcel #3 =
0.14 acres, Parcel #4 [driveway] = 0.06 acres) and construction of a two-
story, 29-foot high, 3.314 sq.ft. single-family residence on each residential
lot. The proposal also includes vacation of the western 27 feet of excess
Carlsbad Blvd. right-of-way.
Lot Area
Building Coverage
Pavement Coverage
Lail~cape Coverage
Parking Spaces
Zoning
Plan Designatjon
Density
Ht above fin grade
17,994 sq. ft.
4,860 sq. ft. ( 27 %)
2,560 sq. ft. ( 14 %)
10,574 sq. ft. ( 59 %)
8 spaces total
R-3 (Residential Multi-Family)-23 du/ac.
R-H ( Residential High)
9.1 du/ac.
29 feet
Site: • At the south west terminus of Chinquapjn A venue, east of Carlsbad
Boulevard, Carlsbad, San Diego County APN 206-070-04
The permit will be held in the San Diego District Office of the Commission, pending
fulfillment of Special Conditions 1-11 . When these conditions have been satisfied,
the permit will be issued.
DEBORAH LEE
DEPUTY om.ECTOR
BY
fl
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NOTICE OF INTENT TO JSSUB PERMIT NO. 6-99-48
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STANDARQ CONQITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not vaJid and development
shall not commence until a copy of the permit, signed by the permittco or authorized
agent, acknowledging receipt of the pennit and acceptance of the tenns and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from
the date on which the Commission voted on the application. Development shall be
pursued in a diligent manner and completed in a reasonable period of time.
Application for exte~sion of the permit must be made prior to the expiration date.
3. Complianco. All development must occur in strict compliance with the proposal us set
forth below. Any deviation from the approved plans must be reviewed and approved
by the staff and may require Commission approval.
4. Intetpretation. Any quer;tions of intent or interpretation of any condition wm be
resolved by the Executive Director or the Commission.
5. ln§pections. The Commission ~laff shall be allowed to inspect the site and the
development during construction, subject to 24-hour advance notice.
6. Assigpment. The pennit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
pennit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittce to bind all future
owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
The pennit is subject to the following conditions:
I. Revised Par~ Map. Site and Bujldins Pl&0s. Prior to the issuance of the coastal
development pennit, the applicant shall submit for the review and written approval of the
Executive Director, a revised parcel map and revised final site and buil~ng plans
approved by the City of Carlsbad that are In substantial confonmmce wit~ the map and
plans submitted by Bird Designs. dated October 7, 1999. but shall be revised as follows:
a. The vacation of the eastern 27 feet of excess Carlsbad Blvd. Right-of Way
shall be deleted.
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NOTICB OF INTENT TO ISSUE PERMIT NO. 6-99-48
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b. The proposed residences shall be setback 40-feet from the western property
boundary U.'t it currently exists without tho Right-of-Way vacation.
The permittec shall undertake development in accordance with the approved final plans.
~Y proposed changes to the approved final plans shall be reported to the Executive
Director. Proposed changes to the approved final plans shall not occur without a Coastal
Com~ssion_-approved am~ndment to this coastal development permit unless the
Executive D.arector dctemunes that no amendment is required.
2. Open Space Deed Restriction -Setback Area. No development as defined in
Se¢tion 30106 of the Coastal Act shall occur within the 40-foot rear y~d setback along
the Carlsbad Blvd. Right-of-Way of tho proposed residences as shown Jn Exhibit #8
except for:
u. low growing (i.e., no greater than 3~feet high) drought tolerant native plants
consistent with the present character of the area;
b. low fencing (i.e., no greater than 3-feet high), and at-arade patio and deck
improvements as identified in Special Condition #6 of CDP #6-99-48;
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record an amended deed restriction in a form and content
acceptable to the Executive Director, reflecting the above restriction on development on
the subject site. The deed restriction shall include legal descriptions of both the
applicant's entire parcel. and the adjacent public vista point. The deed restriction shall run
with the land, binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the restriction.
This deed restriction shaJl not be removed or changed without a Coastal Commission-
approved amendment to this coastal development permit unless the Executive Director
determines that no amendment is required.
3. Open Space Deed Restriction -Public Access Area. No development, as defined
in Section 30106 of the Coastal Act, shall occur within the Chinquapin Avenue Street
End Right-of-Way except for the public access improvements approved pursuant to CDP
#6-99-48. Additionally, the landowner shall be prohibited from interfering with the
maintenance of these improvements.
PRIOR TO THB ISSUANCE OF THE COASTAL DBVBLOPMENT PERMIT, the
applicant and the City of Culsbad as landowner shall execute ~d r~cord an amen~d
deed restriction in a form and content acceptable to the Executive Director, reflecting the
above restriction on development on the adjacent pubic vista point. The deed restriction
shall include legal descriptions of both the applicant's entire parcel and the adjacent
public vista point. The deed restriction shall run with the land. binding all successors and
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NOTICE OF INTENT TO ISSUE PERMIT NO. 6-99-48
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assigns. and shall be recorded free of prior Jiens that the Executive Director determines
may affect tho enforceability of the restriction. This deed restriction shaJJ not be removed
or changed without a Coastal Commission•approvcd amendment to this coastal
development permit unless the Executive Director detennines that no amendment is
required.
4. P,gglic &;&Qss Plag. PRIOR TO THH ISSUANCB OF THE COAST AL
DEVELOPMENT PERMIT, tho applicant shall submit to the Executive Director, for
review and written approval, a final plans for the proposed public access improvements in
the Chinquapin Ave ROW. Said plan shall be in substantial conformance with the
preliminary plan submitted by the applicant, by Bird Design, dated October 7, 1999 and
approved by the City of Carlsbad. Tho plan shall include, at a minimum. the foJlowing;
a. Provision of n 40~foot Jong, five-foot wide (or wider if necessary to meet Americans
with Disabilities Act [ADA] standards) improved granite path within the Chinquapin
Ave ROW to lead from the proposed parking spaces westward to a 30-foot wide
concrete pad with two concrete benchea on the pad, two standard sized parking spaces
adjacent to the cul-de-sac tennlnus of Chinquapin A venue, a three-foot high guardrail
at the seaward extent of the pad which corresponds to the top of the existing 2: 1 slope
that descends to Carlsbad Blvd
b. A five-foot high fence at the southern extent of the Chinquapin right-of-way to
maintain privacy between visitors and the adjacent proposed residence to the south
and drought tolerant shrubs between the fence and the pad and walkway.
c. Provision of public access signs at the intersections of Carlsbad Blvd.tramarack
Avenue, Tamarack A venue/Garfield Street and Garfield Street/ Chinquapin A venue
which identify that public access is available to pedestrians, bicyclists and motorists
from Chinquapin Avenue to the public viewpoint within the Chinquapin Avenue right
ofwuy.
d. Provision that that the path and signage shall be constructed/installed concurrent with
•construction of the residences and open and available to the public within sixty (60)
days following construction of the approved residences.
The pennittec shall undertake devel~pment in accordance with the approved public
access p]an. Any proposed changes to the approved public access plan sh~ be reported
to the Executive Director. No change~ to the approved plan sh~ occu! without an .
amendment to this coastal development permit unless the Executive Director detenrunes
tliat no amendment is required.
5. Peed Restriction, PRIOR TO THE ISSUANCE OP THE COASTAL
DEVELOPMENT PERMIT. the applicant shall execute and record • deed
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NOTICB OF INTENT TO ISSUE PERMIT NO. 6-99-48
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restriction i~ a form and content acceptable to the Executive Director, which provides
that t~e applicant shall install and maintain the public aooess improvements required by
Special Condition #4 of CDP #6-99-48 for tho life of the permitted residences. The deed
restriction shall run with the land, bindJng all successors and assigns, and shall be
recorded free of prior liens that the Executive Director dete.mines may affect the
enforceability of the restriction, This deed restriction shall not be removed or changed
without a Coastal Commission-approved amendment to this coastal development pennit
unless the Executive Director detennines that no amendment is required.
6. Revised Landscape Plan. Prior to the issuance of the coastal development permit,
the applicant shall submit to the Executive Director for review and written approval a
revised final landscape plan, which has been approved by the City of Carlsbad in
consultation with the Department of Fish and Game, to incorporate the following;
a. Only low"growing, native, drought·resistant landscaping which does not reach
sufficient height to block public views to Carlsbad Blvd, Agua Hedionda
Lagoon, Carlsbad State Beach and tho Pacific Ocean is acceptable in the, rear
yards of the proposed residences. The land&caping plan shall indicate the t~.
size, extent and location of all plant materials. the proposed irrigation system and
other landscape features.
b. Maintenance requirements to Assure no blockage of public views must be
incorporated into the approved plan. Said landscaping shall be compatible with
the natural character of tho surrounding environment (i.e., non-invasive or
noxious). A written commitment shall be made that all planted materials shall
be maintained in good srowing condition.
c. Only low fencing (i.e., no greater than 3-feet high) and at-grade patio and deck
improvements shall be permitted within rear yards.
d. Land-icaping shall be installed concurrent with, or within sixty days following,
construction of the approved residences.
PRIOR TO THE ISSUANCE OF THE COAST AL DBVBLOPMENT PBRMrI', the
applicant shall execute and record a deed restriction, in a f'or~ ~d conte~t acceptable to
the Executive Director against the subj~ct property. The rcstnction shall 1nco~ratc the
requirements of Special Condition #6 of CPP #6-99-48 to ensure that landscaping and
rear yard improvements shall be of appropriate height, that a lan~scape maintenance
agreement shall be maintained in perpetuity at-tho required Jocauons.
The document shall run with the land, binding all successors and assigns, and shall be
recorded free of prior liens that the Bxecutivc Director detennines may affect the
enforceability of the restriction. This deed restriction shall not be removed or changed
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NOTICE OF INTENT TO ISSUE PERMIT NO. 6-99-48
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without a Coastal Commission-approved amendment to this coostal development permit
unless the Executive Director detennines that no amendment is required.
1, DrainagclRunoff/Sedimentatlon Control. Prior to the issuance of the coastal
development pennit, the appJJcant shall submit for the review and written approval of the
~ecutive D~rcctor, final drainage and runoff control plans for the project designed by a
hcensed engineer qualified Jn hydrology and hydraulics, which have been approved by
the City of C8rlsbad, which assure no increase in peak runoff rate from the developed site
over runoff from the natural site. as a result of a ten-year frequency stonn over a six-hour
duration (10 year, 6 hour rainstonn). The plan shall document that runoff from the
• impervious surfaces of tho site will be collected and discharged at a non-erosive velocity
and elevation. BnergY, dissipatin& measures at the tenninus of any proposed outflow
drains shall be constructed. The applicant shall also submit a written commitment
indicating that all devices shall be installed and maintained by the applicant in
accordance with the approved plan.
The pennittee shall undenoke development in accordance with the approved final plans.
Any proposed changes to the approved final plans shall be reported to the Executive
Director. Proposed changes to tho approved final plans shall not occur without a Coastal
Com.mission-approved amendment to thfs coastal development permit unless the
Executive Director detennines that no amendment is required.
8. QJ:adinSl'Bn>slon Control. PRIOR TO THE ISSUANCE OF THE COAST AL
DEVELOPMENT PBRMIT. the applicant shall submit to the Executive Director for
review and written approval, fmal 9rading and erosion control plans that have been
approved by the City of Carlsbad. The approved plans shall incorporate the following
requirements:
a. No grading activities shall be allowed during the rainy season (the period from
October 1 et to Much 31" of each year). All disturbed areas shall be replanted
immediately following ,radins and prior to the beginning of the rainy season.
b. The pennittee shall submit a grading schedule to the Executive Director
demonstrating compliance with the above restriction.
c. All permanent runoff and erosion control _device~ shall~-~eveloped and
installed prior to or concurrent with any on-site grading activities. All areas
disturbed. but not completed, during the construction season, including grad~ pads,
shall be stabilized in advance of the rainy season. The use of temporary erosion
control measures, such as benns. interceptor ditches. sandbagging, fil~rcd-inlet1,
debris basins, and slit traps shall be utilized in conjunction with planungs to
minimize soil loss during construction.
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NOTICE OF INTENT TO ISSUE PERMIT NO. 6-99-48
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d. Landscaping shalJ be installed on all cut and fill slopes prior to October 1st with
te'!1porary_ or permanent (in the case of finished slopes) erosion control methods.
Said planting shall be accomplished under the supervision of a licensed landscape
architect, shall provide adequate coverage within 90 days. and shall utilize
vegetation of species compatible with surrounding native vegetation, subject to
Executive Director approval.
The pcrmittce shall undertake development Jn accordance with the approved grading and
erosion control plans. Any proposed changes to the approved grading and erosion control
plans or grading schedule shall be reported to the Executive Director. No changes to the
plans shall occur without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director dctennlnes that no amendment is
required.
9. Water QualitJ/ Best ManaGmMt P@<ctim lBMPa}. PRIOR TO nm
ISSUANCE OF THE COASTAL DEVELOPMENT PERMn', the applicants shall
submit for tho review and written approval of the Bxecutlve Director, a BMP proeram for
tho proposed development. At a minimum, the program shall incorporate the following
requirements:
a. All storm drain inlets shall have stenciling that prohibits the disposal of trash in
the drains.
b. Solid waste shall be removed regularly and rccept~cles for trash and recycJablo
materials shall be placed adjacent to any common facilities; and
e. Protection of existing vegetation and natural drainaae systems:
d. Incorporation of silt traps, catch basins, and oil/water separators into the desian
of development that decreases impermeable surfaces, including driveways.
The submitted program shall include, at a minimum, a site plan that shows the location of
all stonn drains, trash receptacles, and recyclin1 containers; and 1cbedulcs for trash
removal. The program shall also include a copy of the stenciling that will be placed on
the curb of each stonn drain Inlet.
The permittee shall undertake development in accordance with the approved_ plans. Any
proposed changes to the approved final plans shall be reported to the Executive Director.
Proposed changes to the approved final plans shall not occur without. a Coastal
Commission-approved amendment to this coastal dcvelop_m.cnt pemut unless the
Executive Director detennines that no amendment is rcquued.
10. )2isposal of Graded &poil§, Prior to the issuanc~ of the coastal.devel~pment
permit, the applicant shall identify the l~ation for the disposal of graded spoils. If the
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s.ite ia located within the coastal zono, a soparate coastal development permit or permit
amendment shall first be obtained from the California Coastal Commission or its
successors in interest.
11. Other Pennits, Prior to the issuance of the coastal development permit. the
applicant shall submit for roYicw and written approval of the Bxecutivc Director. copies of
encroachment agreements and right-of-way agreements required by the City of Carlsbad
that allow for the Installation of access improvements in the pubJlc riaht-of -way as shown
on the plan ~uln,ct by Special Condition #4 of CDP #6-99-48 and that allow, for the
applicant to maintain the improvements for tho life of the penniucd residences
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EXHIBIT B
CHINQUAPIN PROPERTY
LEGAL DESCRIPTION
THE NORTHWESTERLY 120.00 FEET OF THAT PORTION OF BLOCK "W" OF
PALISADES NO. 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO, COUNTY, AUGUST 25, 1924, LYING
SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 300.00
FEET OF SAID BLOCK.
EXCEPTING FROM SAID PARCEL, THOSE PORTIONS LYING WITHIN STATE
HIGHWAY 101, Xl-SD-2-B, KNOWN AS CARLSBAD BOULEVARD, GRANTED IN
BOOK 288, PAGE 339 OF OFFICIAL RECORDS, RECORDED DECEMBER 19, 1935.