HomeMy WebLinkAbout; Beach King, Inc; 2000-0465426; Deed RestrictionDOC# 2000-0465426
,..-RECORDED REQUEST OF....._
First American Title
SUBDIVISION MAPPING DEPT.
AUG 30, 2000 11:18 A
RECORDING REQUESTED BY AND RETURN TO :
l California Coastal Commission
OFFICIAL ~'ECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER 45 Fremont Street, 20th Floor
2 San Francisco, CA 9410S-2219
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2000-0465426
OPEN SPACE DEED RESTRICTION
WHEREAS, BEACH KING, INC, a California Corporation
----------• hereinafter referred to as the 0 0wner(s)," is/ are
9 the record owner(s) of the following real property:
lO See Exhibit D attached hereto and incoioorated herejn by reference
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13 • hereinafer referred to as. the "Prop~rty;• and
14 ti. WHEREAS, the California Coastal Commis~ion, hereinafter referred
15 to as the •connission,• is acting on behalf of the -People of the State of
16 California·; and
i7 !II. WHEREAS, the subject property is located within the coastal
18 zone as defined in section 30103 of Division 20 of the California Public
19 Resources Code, hereinafter referred to as the •california Coastal° Act
20 of 1976,• (the Act); and
21 IV. WHEREAS, pursuant to the Act, ttie Owner applied to the
22 Co111T1ission for a coastal development permit on the Property described
23 above·; and
24 V. WHEREAS, coastal development permit number6-99-48 ,hereinafter-
25 referred to as the •Permit, 11 was . granted on January 12, 2000 .xttx_ .. by
the Co1T1J1ission in accordance with the provision of the Staff Recommendation 26
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/ ~nd Corrected Notice of Intent to Issue Permit dated January 14 200 and Findings, attached hereto as Exhibit A and herein incorporated by '
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1 reference; and
2 VI. WHEREAS, the Permit was subject to the terms and conditions
3 including, but not limited to the following condition(s}:
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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 y~d setb~c~ along
the Carlsbad Blvd. Right-of-Way of the proposed residences as shown m 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;
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 #6-9948;
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, 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
determines that no amendment is required.
VII. WHEREAS, the Col!ITlission found that _but for the imposition of the·
21 above condition(s) the proposed development could not be found consistent
22 with the provisions of the California Coastal Act of 1976 and that a permit
23 could therefore not have been granted; and
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VIII. WHEREAS, Owner has elected to comply with the conditions(s)
imposed by the Permit and execute this Deed Restriction so as to enable·
Owner to undertake the development authorized by the Permit.
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IC o,-CALIP'ORNtA
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l NOW, THEREFORE, in consideration of the granting of the Permit to the
2 Q\,Jner by the Corm1ission the Owner hereby irrevocably covenants with the
3 Co111T1ission that there be and hereby is created the fo l lowing rest rictions on
4 the use and enjoyment of said Property, to be attached to and become a part
5 of the deed to the property.
6 l. COVENANT, CONDITION ANO RESTRICTION. The undersigned Owner, for
7 himself/herself and for his/her heirs, assigns, and successors in interest.
8 covenants and agrees that:
9 the use of the Protected Land as shown on Exhibit B, attached hereto
10 and incorporated herein by reference, shall be limited to natural open sp-ace
11 for habitat protection, private recreation and resource and resource
12 conservation uses. No development as defined in Public Resources Code
13 section 30106, attached hereto as Exhibit C and incorporated herein by
14 reference, including, but not limited to .removal of trees and other major or
15 native vegetation, grading, paving, installation of structures such as
16 signs, buildings, etc., or
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none .
19 shall occur or be allowed on the Protected Land with the exception of the
20 following subject to applicable governmental regulatory requirements:
'21 (a) the removal of hazardous substances or conditions or
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22 diseased plants or trees ;
23 (b) the removal of any vegetation which constitutes or
24 contributes to a fire hazard to residential use of neighboring properties,
25 and which vegetation lies within 100 feet of existing or pennitted
26 residential development;
27 (c) the installation or repair of underground utility lines
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1 and septic systems;
(d) Other: See Page 4A. 2
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4 2. DURATION . Said Deed Restriction shall remain in fu l l force
5 and effect during the period that the said permit, or any modification or
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6 amendment thereof remains effective, and during the period that the develop-
7 ment authorized by the Permit or any modification of said develooment,
a remains in existence in or upon any part of, and thereby confers benefit
9 upon, the Property described herein, and shall bind owner and all his/her
10 assigns or successors in interest.
ll 3. TAXES AND ASSESSMENTS. It is intended that this Deed Restrictio·n
12 is irrevocable and shall constitute an enforceable restriction within the
13 meaning of a) Article XIII, section 8, of the California Constitution;
14 and b) section 402.1 of the California Revenue and Taxation Code or successor
15 statute. Furthermore. this Deed Restriction shall be deemed to constitute a
16 servitude upon and burden to the property within the meaning of section
17 3712(d) of the California Revenue and Taxation Code, or successor statute.
18 survives a sale of tax-deemed property.
19 4. RIGHT OF ENTRY . The Commission or its agent may enter onto the
20 Property at times reasonably acceptable to the Owner to ascer tain whether
21 the use restrictions set forth above are being observed .
22 5. REMEDIES. Any act, conveyance contract, or authorization by
23 the Owner whether written or oral which uses or would cause to be used or
24 would permit use of the Property contrary to the terms of this Deed
25 Restriction will be deemed a violation and a breach hereof . The Col11Tlissi.o:n
26 and owner may pursue any and all available legal and/or equitable remedies to
27 enforce the terms and conditions .of this Deed Resricti on. In the event of a
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( d) low growing (i.e., no greater than 3 feet high) drought
tolerant native plants consistent with the present character of the area; and
(e) low fencing (not greater than 3 feet high), and at grade
patio and deck improvements 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 office.
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1 breach. any forbearance on the part of either party to enforce the terms and
2 provisions hereof shall not be deemed a waiver of enforcement rights
3 regarding any subsequent breach.
4 6. SEVERABILITY . If any provision of these restrictions is
5 held to be invalid, or for any reason becomes unenforceable , no other
6 provision shall be thereby affected or impaired.
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8 t["z:-i)oe Dated: 2000 .~in.. 9 I I
10 BEACH KING, INC.
11 By: ~~ SIGNED: SIGNED:
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(NOTARY ON NEXT PAGE)
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STATE OF CALIFORNIA
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OF 0~ COUNTY
2 O'k.'f $0 j .u>oa On
3 Public, personally appeared
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_,__.,,.,~-----+'~......,..A---' before me, ~ fD'(I~ I , a Notary
S±<-42"6 A .. 00,.,\kh,t . personally
known to me (or Qroved to me on the basis of satisfac~y evidence) to be the·
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person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
11 WITNESS my hand and official seal.
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13 Signa_ture _ ..... e~t/!~--{) __ f&,~ __ :p..._ __
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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(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s} on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument .
26 WITNESS my hand and official seal.
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Signature --------------•'111: OP' CALIP'O"Hl.4-
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1 This is to certify that the Open Space Deed Restriction set forth above is
2 hereby acknowledged by the undersigned officer on behalf of the California
3 Coastal Comnission pursuant to authority conferred by the California Coastal
4 Conmission when it granted Coastal Development Permit No. 6-99-48 --------
5 on January 12, 2000 and the California Coastal Commission consents to
6 recordation thereof by its duly authorized officer.
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8 Dated:
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l4 STATE OF CALIFORNIA
15 COUNTY OF SAN FRANCISCO
16 On <gij g/ 0-0
Staff Counsel
, before me, ------------Deborah L. Bove , a Notary
17 Public, personally appeared __ J_o_h_n_B_o_w_e_E_s _________ , personally
18 known to me (or proved to me on the basis of satisfactory evidence) to be
19 the person(s) whose name(s) is/are subscribed to the within instrument and
20 acknowledged to me that he/she/they executed the same in his/her/their
21 authorized capacity(ies), and that by his/her/their signature(s) on the
22 instrument the person(s), or the entity upon beha1f of which the person(s)
23 i acted, executed the instrument.
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25 WITNESS my hand and official seal. r:Oe,a¼A
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27 Signature
"""TATE Qjll' Ci\1..1 .. 0FIIN.A
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. •' ltTATE.Glf CAUFQMNJA-THE RESOURCES AGENCY GRAY DAVIS, Gov.mo,
.CALIFORNIA COASTAL COMI\., .SION
SAN OJEGO AREA -
3111 CAMINO DEL RIO NORnt, SUITE 200
SAN DIEGO, CA 9210&-1725
(619) 521·8036
EXHIBIT A 417,Q
Filed: 6/24/99
49th Day: Waived
180th Day: 12/24/99
Wed Sb 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: • 1111-14/00
REGULAR CALENDAR
STAFF REPORT AND PRELIMJNARY 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-Farnily)-23 du/ac. ·
R-H ( Residential High)
9.1 du/ac.
29 feet
Site: At the south west terminus of Chinquapin A venue, east of Carlsbad
Boulevard, Carlsbad, San Diego County APN 206-070~04
Summary of Staff's 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
l'ln'I WILSON. a--
CALIFORNIA COASTAL COMMISSION
8AM OlllOO AUA
3111 CAMINODII.RIO NM11t. SU111120D
8AN DlllQO, CA t11Ql.1719
(tit) UI-IOM
EXHIBIT A 4174 G
Date Januazy 14. 2000
Application No. 6-99::48
Page 1 of__£_
NOTICE OF INTENT TO ISSUE PERMIT
On lAAUIO' 12. 2000 , the California Coastal Commission approved the application of
Bench Kine, Inc, , subject to the attached standard and special conditions, for the
development described below:
Description: Proposed ls the subdivision of a 0.41 acre sito into 3 residential lots, and 1
driveway lot (Parcel #l • 0.11 acres, Parcel #2 .r 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 eoch 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
Lan~cape 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. ( S9 %)
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 tenninus of Chinquapin Avenue, 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.
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DBBORAHLEE
DEPUTY DlRECTOR
BY
LCP designates a public vista point at the adjacent western terminus 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 pennitted 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 preseivation of
views from the adjacent public vista point, consistent with the intent of the LUP and
Section 30251 of the Coastal Act. It is staff's understanding that the applicant is not in
agreement with staffs 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
PRELilvUNARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. MOTION: I move that the Commission 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 conformity 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 permit 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.
II. Standard Conditions.
See attached page.
ill. 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 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.
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 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 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.
3. Open Space Deed Restriction-Public Access Area. No development, as defined
in Section 30 l 06 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 COAST AL DEVELOPMENT PERMIT, the
applicant 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 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.
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 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 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: 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
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 avaiiable to the public within sixty (60)
days following construction of the approved residences.
The pennittee shall undertake development ~n 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 detennines
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
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.
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
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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 pennitted 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 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 #6-99-48 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: •
The document shall run with the land, binding all successors and assigns, and shall be
recorded free of prior liens that the Executive Director detennines 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 plaris 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 pennit unless the
Executive Director determines that no amendment is required.
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6-99-48
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8. Grading/Erosion Control. PRIOR TO THE ISSUANCE OF THE COAST AL
DEVELOPMENf PERMIT, the applicant ~.hall submit to the Executive Director for
review and written approval, final grading ~md 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 allowc!d 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 permittee shall submit a grading schedule to the Executive Director
demonstrating compliance with the abc,ve 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 tbe construction season, including graded pads.
shall be stabilized· in advance of the rai:ny 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 changf~S 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 detennines 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 stonn 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 requir~d.
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 permit
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 pennit or pennit amendment must be obtained.
The applicant proposes to install public viewshed improvements within an 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 SO-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 Cbinquapin Avenue as it would intersect with Carlsbad Blvd .• a major coastal
access route and identified Scenic Highway. According to the City. the 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 has also proposed a bench to
provide public views to Agua Hedionda Lagoon to the south within the southeast comer
of the project site.
The project site is on inland bluff located at the southwest terminus 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 ice plant and contains no sensitive vegetation. The property fronts on
Carlsbad Boulevard to the west; however. it is precluded itccess 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 comer 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. Pennitted 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 visual_ly 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 A venue) 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 A venue 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 Avenue 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 Chlnquapin to Carlsbad Blvd.
because of topographlcal differences between the f<?ads.
In its approval of a planned unit development permit and site development plan, the City
found the project had 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 A venue ROW, the proj~ct 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 approximately¾ 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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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 conidor. 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 conidor 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 SO-foot
wide view conidor 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
conidor 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 2T of
right-of-way of Carlsbad Blvd. to the applicant. The standard PUD setback requirell_lent
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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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 decompose<,l 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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--· ROW to be vacated on the applicant's ~ite. • 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 iQstability, 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. 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 found
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 pen:nittee 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 applicant to
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 improvemen_ts for the ROW
as shown on the plan required by special condition #4 and allows the apphcant to •
maintain such improvements for the life of the pennitted 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
tenninus 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,
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./Tamarack 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 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.
Special 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 publi~ 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 residences.
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, encouragrng
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waste water reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
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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5. Local Coastal Plannin&, Section 30604(a) requires that a coastal development
pennit 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 conformity 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 clesignations (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
permit 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 pr 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\6-99-48BchKngs1frp1.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
NOTICE OF INTBNT TO JSSUB PERMIT NO. 6·99-48
Page 2of _j_
STANDARD ~ONDm'.OOS:
1. Notice of Receipt and Acknowlederoent. The pemut is not vaJid and development
shall not commence untiJ a copy of tho pcnnit, signed by tho pcnnittcc or authorized
agent, acknowledging receipt of the permit and acceptance of the terms 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 pcnnit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set
forth below. Any deviation from the approved plans must be reviewed and approved
by the staff and may require Commission approval.
4. Intemretatioq. Any questions of intent or interpretation of any condition will be
resolved by the Executive Ditector or the Commission.
S. Inu,ection3. The Commission staff shall be allowed to inspect the site and the
development durina construction, subject to 24•hour advance notice.
6. Assisoment. Tho pcnnit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit acceptin1 aJI 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 lhe Commission and the permittcc to bind all future
owners and possessors of tho liUbject property to the terms and conditions.
SPECIAL CONDITIONS:
The pennit is subject to the following conditions:
1. Revised ParceJ Map. Site and BuiJdina Pl@!ls. Prior to the issuance of the coastal
development pennit, the applicant shall submit for the review and wri~~ approval of the
Executive Director, a revised parcel map and revised final site and bud~ng plans
approved by the City of Carlsbad that are In substantial confonnance w1'!1 the map and .
plans submitted by Bird Designs, dated October 7, 1999, but shall be revised as follows.
a. The vacation of tho eastern 27 feet of excess Carlsbad Blvd. Right--of Way
shall be deleted.
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NOTICE OF lNTBNT TO ISSUE PBRMIT NO. 6-99:;48
Pago3 of...l.
b. Tho proposed residences shall be setback 40-feet from the western property
boundary u.tt It cumntly exists without the Right-of-Way vacation.
TI1e pcrmiuco 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 chanaes to the approved final plans shall not occur without a Coastal
Commission-approved amendment to this coastal development pennlt unless the
Bxecutivc Director determine, that no amendment is required.
2. Qpen 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. Risht-of-Way of the proposed residences as shown Jn Exhibit #8
except for:
u. low growing (ie., no greater than 3-fcct high) droughc tolerant native plants
consistent with the present character of the area;
b. low fencing (i.e., no greater than 3-fcct high), and at-arade patio and deck
improvements as identified in Special Condition #6 of CDP #6-99-48;
PRIOR TO THE ISSUANCB OF THB 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 tho enforceability of the restriction.
This deed restriction shall not be removed or chan1cd without a Coastal Commission-
approved amendment to this coastal development permit unless the Executive Dhutor
detennincs that no amendment is required.
3. ()_pen Space Deed Restriction -Public Access Area. No development, as defined
in Section 30106 of the Coastal Act. shall occur wjthin the Chinquapin A venue Street
End Risht-of-Way except for the public access improvements approved pursuant to CDP
#6-9948. Additionally, the landowner sh11tl be prohibited from intedering with the
maintenance of these improvementa.
PRIOR TO THB ISSUANCE OP THE COASTAL DBVBLOPMENT PBRMJT, the
applicant and the City of CarJsbad as landowner 1hall execute and record an amended
deed restriction in a form and content acceptable to me 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 ~d 1he adjacent
public vista point. The deed restriction shall run with the land, binding all successors and
4193
NOTICB OF INTBNT TO ISSUE PERMIT NO. 6-99•48
Page4of _j_
assigns. and shall be recorded free of prior liens that the Executive Director determines
may affect tho onforceabllity of the restriction. This deed ~triction shall not be removed
or changed without a Coastal Commlssion•approvod amendment to this coastal
development permit unless the Executive Director detennincs that no amendment is
required.
4. Public A£c;ss Plan. PRIOR TO THB ISSUANCE OP THB COAST AL
DBVELOPMBNT PERMrr, tho applicant shall submit to the Executive Director. for
review and written approval, a final plans for the proposed public access improvements jn
the Chinquapin Ave ROW. Said plan shall be in subst1U1tial conformance with the
preliminary plan submitted by the applicant. by Bird Design, dated October 7, 1999 and
approved by tho City of Carlsbad. The plan shall include, at a minimum, the fo11owing:
a. Provision of a 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 tho proposed parking spaces westward to a 30-foot wide
concrotc pad with two conorcto benches on the pad, two standard siud parking spaces
adjacent to the cul-de-sac terminus of Chlnquapin Avenue, a three-foot high guardrail
at the seaward extent of the pad which corresponds to the top of the existing 1: 1 slope
that descends to Carlsbad Blvd
b. A five-foot hlgh 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./Tamarack
Avenue, Tamarack Avenue/Garfield Street and Garfield Street/ Chinquapin Avenue
which identify that public access is available to pedestrians, bicyclists and motoris!s
from Chlnquapln Avenue to tho public viewpoint within the Chinquapin Avenue nght
ofw11y.
d. Provision that that tho path and signage shall be constnacted/installed conc~rrcnt with
·construction of the tejidencea and open and available to the public within sixty (60)
days following construction of the approved residences.
The pennittec shall undertake development in accordance with the approved public
access plan. Any proposed changes to tho approved public access plan sh~ be reported
to the Executive Director. No changes to tho approved plan shall occu~ without an .
amendment to this coastal development pcnnit unless the Executive Director detenrunes
that no amendment is required.
5. Peed Bcwction. PRIOR TO THB ISSUANCE OPTHB COASTAL
DBVSLOPMBNT PERMIT, the, applicant shall execute and record a deed
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NOTICB OF INTENT TO ISSUE PERMIT NO. 6·99:48
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restriction in a form and content acceptable to the Executive Director, which provides
that t~e applicant shall install and maintain the public access improvements required by
Spectal Condition #4 of COP #6-99-48 for tho life of the permitted residences. The deed
restriction shaU run with the land, bincUn1 all successors and assigns. and shall be
recorded free of prior liens that the Executive Director detennincs 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 determine.~ that no amendment is required.
6. Revised Landscape Plan. Prior to the issuance of the coastal development permit.
the applicant shall submit to the Bxecutive Diteetor 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 Jandscapina which does not reach
sufficient height to block public views to Carlsbad Blvd. Agua Hedionda
Lagoon, Carlsbad Stato Beach and tho Pacific Ocean is acccptablo in tho rear
yards of the proposed resldencet1. The landscaping plan shall indicate the t~,
size. extent and location of all plant materials, the proposed Jrrigadon system and
other landscape features.
b. Maintenance requirements to nssure no blockage of pub1 ic: views must be
incorporated into the approved plan. Said landscapina shall be compatible with
the natural character of tho sunoundina environment (i.e., non-invuive or
noxious). A written commitment shall be made that all planted materials shall
be maintained in good growing condition.
c. Only low fonclng (I.e .. no areater than 3•fcct high) and at.grade patio and deck
hnprovemonts shall be pennitted within rear yards.
d. Landscaping shall be installed concu1Tent with. or within sixty days following.
construction of the approved residences.
PRIOR TO THB ISSUANCE OP THE COAST AL DBVBLOPMBNT PBRMrl'. the
applicant shall execute and record a deed n:striction, in a fo~ 8!'d eontc~t acceptable to
the Executive Director against the subj~t property. The restncuon ahall mco~ratc the
requirements of Spoclal Condition #6 of COP #6•9948 to ensure that land~p1n1 and
rear yard improvements shall be of appropriate height, that a landscape maintenance
agreement shalJ be maintained in perpetuity at-tho 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 delennines may affect the
enforceability of the restriction. This deed re,;trictlon shall not be removed or changed
4195
... , .. .,.,_. ,., -··· ............ "" -· .... '' . . . ' ......... ,., .. --------·----····"
NOTICE OF INTENT TO ISSUE PERMrr NO. 6,-99:48
Page 6 of ...I.
without a Coastal Commission.approved amendment to this coastal development permit
unless the Executive Director detennincs that no amendment is required.
7. DrainagrJRunofflS;dirpentation Control. Prior to the issuance of the coastal
development pennit, the applicant shall submit for the review and written approval of the
~ecutive Director, fin&! drainaae and runoff control plans for the project desiped by a
hconsed onginecr qualified In hydrolosy and hydraulics, which have been approved by
the City of carJsbad, which assure, no incrcaso In peak runoff rate from the developed site
over runoff from the natural site, as a result of a ten•year frequency s,onn over a six•hour
duration (10 year, 6 hour rainstonn). The plan shall document that nmoff from the
•impervious surfaces of tho site will be collected and discharged at a non-erosive velocity
and elevation. Energy 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 ingtaJled and maintained by the applicant in
accordance with the approved plan.
The pennittce shall undertake development in accordance with the approved final plans.
Any proposed changes to the approved fmal plans sbaJl be reported to the Executive
Director. Proposed changes to tho 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.
8, gpdins@pslgn Control. PRIOR TO THE ISSUANCE OF THE COAST AL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for
review and written approval, final srading and erosion control plans that have been
approved by the Oty 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 11' to March 31" of each year). All disturbed areas shall be replanted
immediately following grading and prior to the bcginnine of the rainy season.
b. The penniuee shall submit a grading schedule to the Executive Director
demonstrating compllanco with the above restriction.
c. All pcnnanent runoff and erosion control device~ shall ~ developed and
instulled prior to or concurrent with any on-site gradmg activities. ~• areas
disturbed, but not completed, during the construction season, includin1 ~ pads,
shall be stabilized in advance of the rainy season. The use of temporary erosion
control measures, such as berms, interceptor ditches, sandbaaging, fll~ inlet.11,
debris basins, and silt traps shall be utilized in conjunction with pJanungs to
minimize soil loss durins construction.
----·· ----...... ··---····-···· ----· -
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NOTICE OF JNTBNT TO ISSUE PERMIT NO. 6-99:48
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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.
SaJd plantin1 shall be accomplished under the supervision of a licensed landscape
architect. shall provide adequate covcrase within 90 days. and shall utiliu
vegetation of species compatiblo with surrounding native veaetatlon. subject to
Executive Director approval.
The pcrmittce shall undertake development in accordance with the approved grading and
erosion control plans. Any proposed changes to the approved ,rading and erosion control
pJans 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 unles,; the Executive Director dctennines that no amendment is
required.
9. }Yater QµeJjty/ kl Man1&;m;nt Pocticea {BMPa). PRIOR TO nm
ISSUANCE OF THE COASTAL DEVELOPMENT PBRMrr. the applicants shall
submit for tho rovJew and written approval of tho Bxecutlve Director. a BMP proaram for
tho proposed development. At a minimum. the program shall incorporate the following
requirements:
a. All stonn drain inlets shall have stencilin1 that prohibits the disposal of trash in
the drains,
b. Solid waste shall be removed rogularly and reccpt~Jes for trash and recyclabJo
materials shall be placed adjacent to any common facilities: and
e. Protection of existing vegetation and natural nnaae systems:
d. Incorporation of silt traps, catch basins. and oil/water separatoi:5 into the design
of development that decreases impcnncablo surfaces. Including dnveways.
The submitted program shall include. at a minimum, a site plan that shows tho location of
all 5tonn drains, trub receptacles. and recyclinJ containen; and ached~cs for trash
removal. 1be program shall also inoluclc a copy of the stencilin& that wdJ bo placed on
the curb of each stonn drain inlet. •
The pennittee shall undertake development in accordance with the approved. plans. ~;
proposed changes to tho approved final plans shall be reported !o the Executive Dtree r.
Proposed changes to the approved final plans shall not occur without. a Coastal
Commission-approved amendment to this coastal development pemut unless the
Executive Director determines that no amendment is required.
10. J2i1posal of O[Aded Spoils. Prior t~ the iSSUIDC! of the coastal .devel~r m;;~
permit, the applicant shall identify tlie l~atton for the disposal of graded spo1 s. e
.... ,.-----···-·"·--
4197
NOTICE OP INTENT TO ISSUE PERMIT NO. §:99:48
Pages of ...8..
site is located within the coastal zone, a separate 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 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◄8 and that allows for the
applicant to maintain the improvements for the life of the permitted residences
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4198
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Page 1 of 2
4199
EXHIBIT "B"
LEGAL DESCRIPTION
OPEN SPACE-VIEW CORRIDOR (CARLSBAD BOULEVARD)
BEING A 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 ON AUGUST 25, 1924; DESCRIBED AS
FOLLOWS:
A STRIP OF LAND 40.00 FEET IN WIDTH;
BEGINNING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 14376, SAID
POINT BEING ON THE SOUTHERLY RIGHf-OF-WAY OF CHINQUAPIN
A VENUE; THENCE ALONG SAID SOUTIIERL Y LINE SOUTII 55°13'20" WEST
125.21 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING
ON THE EASTERLY RIGHT-OF-WAY OF CARLSBAD BOULEVARD, AS
DEDICATED TO PUBLIC USE; THENCE SOUTH 36°32'09" EAST 120.05 FEET;
THENCE NORTH 55°13'20" EAST 40.02 FEET; THENCE NORTH 36°32'09" WEST
120.05 FEET; THENCE SOUTH 55°13'20" WEST 40.02 FEET TO THE TRUE
POINT OF BEGINNING.
I
I
\
Page 2 of 2
fP!)JfLl!~JJJff))/J;~ WfPJt!//
M({JJ. 'ffll,J'l
T.P.0.8.
N 55"7.3'20" E
AVENUE
P.O.B.
125.21'
85.19'
tf/f{f;({j)/fff@ (fJ)!f $/jj!M/f'll/l"f Mf!JJ. 84/@lil
lf1@(}K. /P!JIJ..d$1,@/f~ //(/@. M@
!MIJJIP IJ..V/@. 11 !§{(JJJ
GRAPHIC SCALE
J2.QO'
li'¾1l
40 0 20 4-0 80 160 r::~•--=••--=•=-•:~1--~: ____ ___JI
IN FEET )
1 inch = 40 ft.
OPEN SP ACE -VIEW CORRIDOR
4200
I J4.oo·
..
4201
EXHIBIT C
[30106. Development]
"Development" means, on land, in or under water, the_ placement or erection
of any solid material or structure; discharge or disposal of any dredged
material or of any gaseous, liquid, solid, or thermal waste; grading,
removing, dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including, but not limit~d to,
subdivision pursuant to the Subdivision Map Act {commencing with Section 66410
of the Government Code), and any other division of land, including lot splits,
except where the land division is brought about in connection with the
purchase of such land by a public agency for public recreational use; change
in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility; and the
removal of harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which are in accordance with
a timber harvesting plan submitted pursuant to the provisions of the
Z1 berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
As used in this section, "structure" includes, but is not limited to, any
building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line.
EXHIBIT D
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.