HomeMy WebLinkAboutCDP 97-14; Bella Lago; Coastal Development Permit (CDP) (7)"NOV. 3.1997 12:07PM BROOKFIELD HOMES NO.605 P.I
TRANSMTTTAL
3,
DATE: -Oetubui 31, 1997
TO: Mike Grimm
FIRM: CITY OF CARLSBAD
FROM: Carol Ford
FAX#: 793-2395
SUBJECT: BELLA LAGOAPPEAL TO COASTAL
TRANSMUTING:
1 copy of appeal
COMMENTS:
Per the appeal policy, the appellant is to send notices of the appeal to all interested parties within
one week of the appeal filing, or coastal can dismiss the appeal.
"NOV. 3.1997 12:08PM BROOKFIELD HOMES NO.605 P.2
STATE Of CAUFORNIA—THE H6SOUEC6S AC- -Of PETE WILSON.
CALIFORNIA COASTAL COMMISSION
. SAN DIEGO COAST AREA
3111 CAMINO Ml. RIO NORTH, SUITE 200
SAN DIEGO. CA 92108-172S
321-8036
APPEAL FROM COASTAL PERMIT ' *
DECISION OF LOCAL GOVERNMENT
Please Review Attached Appeal Information Sheet Prior To Completing
This Form. • , • •
SECTION J. Appellant
Name,.mail ing address and telephone number of appellant:
Zip Area Code Phone No.
SECTION 11. Decision Being Appealed
1. Name of local/port
government: C.1 T X OF
2. Brief description of development being^. „ * a~f 7-4 / -4*P 77'
3. Development's location (street address, assessor's parcel, cross Street, ate.): A^T!O\}\TO s 1>/6.tV<f ^ ^fi.tC'Aino
4. Description of decision being appealed:
a. Approval; no special conditions:_
b. Approval with special conditions:.
c. Denial:
Note: For jurisdictions with a total LCP, denialdecisions by a local government cannot be appealed unless
the development is a major energy or public works project.
Denial decisions by port governments are not appealable:
TO BE COMPLETED BY COMMISSION:
APPEAL «
DISTRICT D15TR1
NOV. 3.1997 12:08PM BROOKFIELD HOMES NO.605 P.3
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page
5. Decision being appealed was made by (check one):
c. _ Planning Commissiona. _ planning Director/Zoning
Administrator
b.V_.City Council /Board of
Supervi sors
d. _0ther_
6. Date of local government's decision:
7. Local government's file number (if *ny)-Si>P 37-61 j
7 '"/'
SECTION III. Identification of Other Interested Persons
Give the names and addresses of the following parties. (Use
additional paper as necessary.)
a. Name, and mailing address of permit applicant:
L.A n f
b- Names and mailing addresses as.available of those who testified
(either verbally or in writing) at the city/county/port hearing(s).
Include other parties which you know to be interested and should
receive notice of this appeal.
(1)
(2)
(3)
(4)
(LA
/A H
^_S A
SECTION IV. Reasons Supporting This Appeal
Note: Appeals of local government coastal permit decisions are
limited by a variety of factors and requirements of the Coastal
Act. Please review the appeal information sheet for assistance
in completing this section, which continues on the next page.
NOV. 3.1997 12=08PM BROOKFIELD HOMES NO.605 P.4
APPEAL FROM COASTAL PERMIT DECISION Of LOCAL GOVERNMENT fPaoe 3)
State briefly your reasons for this appeal. Include a summary
description of Local Coastal Program, Land Use Plan; or Port MasterPlan policies and requirements in which you believe the project isInconsistent and the reasons the decision warrants a new hearing.
(Use additional paper as necessary.)
Note: The above description need not be a complete or exhaustive
statement of your reasons of appeal; however, there must be
sufficient discussion for staff to determine that the appeal Is
allowed by law. The appellant, subsequent to filing the appeal, may
submit additional information to the staff and/or Commission tosupport the appeal request.
SECTION V. Certification
The information and facts stated above are correct to the best of my
know! edge.
Signed! __^_^
Appel 1 ant "or $(gen
Aoent Authorizati on: I designate the above identified person(s) to
act as my agent in all matters pertaining to this appeal.
Signed
Appellant
Date
0016F
NOV. 3.1997 12=09PM BROOKFIELD HOMES N0.605T..', P.5' "• ".\ •'
OCTOBER 22, 1 997 COASTAL COMMISSION APPEAL FOR PA 28
y . > • • r\ y R N I *•', ,
Our Appeal is based on the CONFIRMATION AND/OR CLARIFICATION of th* ».- •-•<• -..o COAS r DISTR
following items which were to be resolved for Planning Area 28 in order to find the
project consistent with the public access and recreation policies of the Coastal Act, as
specified in the letter of July 15, 1997 from Bill Ponder, Coastal Planner to Mike Grim
of the City of Carlsbad.
In The last paragraph of Mr. Ponder's letter he states, "We feel it should be clear to future
lot owners through deed restrictions or CC&R's that the trails in the open space area and
the parking lots are required to be open to the public in perpetuity, to guard against any
future requests for closure of these facilities to public use. In this way, the new owner of
the subdivision and subsequent lot owners will be aware of Commission and City
requirements on this important site."
IS IT POSSIBLE TO REQUEST THAT THE BUILDER INCLUDE THIS
INFORMATION TN THE STATE OF CALIFORNIA DEPARTMENT OF REAL
ESTATE WHITE PAPERS THAT THE BUILDER IS REQUIRED BY LAW TO
FTJRNTSH TO EVERY PROSPErTTVF HOME BUYER? TOTS WAY IT WON'T
BE "LOST" IN THE MAZE OF PAPERS WHICH INCORPORATE ALL THE
CC&R'S FOR AVTARA. ALSO, ALL TTOMEBTJYERS IN PA 28 SHOULD BE
ADVISED THAT THE MAIN ENTRANCE TO THEIR COMMUNITY WILL
ALSO BE USED BY THE GENERAL PUBLIC TO GET IN AND OUT OF TffE 25
CAR PARKING LOT .
The HEADING on the first page attached to Mr. Ponder's letter is COASTAL
DEVELOPMENT PERMIT NO- 6-96-38 - Page 3 of 3. I asked Brian Hunter for
copies of pages 1 of 3 and 2 of 3 and he told me the City did not have those pages in their
file.
TF TTTESE PAGES PQ EXISTr PLEASE FAX THEM TO TTS AT
760-603-8383.
On Page 3 of 3 under SPECIAL CONDITIONS: it states, "The permit is subject to the
following conditions:"
WE ARE APPEAT.INC: TO BE UPDATED ON TTTR STATUS OF EACH
OF THESE ISSUES TO INSURE THAT NO BUILDING PERMITS WILL BE
ISSUED UNTIL EACH ITEM HAS BF.F.N COMPLETED BY THE
BUILDER/DEVELOPER AND APPROVED BY THE EXECUTIVE DERECTOR
1. 'TRAIL ACKNOWLEDGEMENT:" It stated a public access will be constructed
in open space of Planning Area 30. The trail is to be constructed as a condition of
development of Planning Area #28. "Said acknowledgement shall be submitted to the
NOV. 3.1997 12:09PM BROOKFIELD HOMES NO.605 P.6
Page 2.
Coastal Commission Appeal
Executive Director for review and written approval prior to the issuance of the coastal
development permit"
HAS THE EXECUTIVE DIRECTOR APPROVED THIS?
2. "REVISED LANDSCAPE/FIRE SUPPRESSION PLAN:" This states that,
"Prior to the issuance of the coastal development permit, the applicant shall submit a
revised landscape/fire suppression plan for Lots 58 & 59 and 85-93, as shown on attached
Exhibit #4." (Exhibit #4 was not attached to the copy we received from the City.)
"Said plan shall be submitted to, reviewed and approved in writing by the Executive
Director prior to the issuance of the coastal development permit.
HAS THE EXECUTIVE DIRECTOR APPROVED THIS?
The next page we received was entitled, COASTAL DEVELOPMENT PERMIT NO.
6-96-38 - PAGE 4 OF (The page 4 of __ was left blank.).
PT.EASE FURNTSH us WITH ANY MTSSTIVC PACTS.
The next page was entitled, COASTAL DEVELOPMENT PERMIT NO 6-96-43
PAGE 3 OF 7. Do you have copies of Page 1 of 7 and Page 2 of 7?
If these pages do exist, please fax them to us at 760-8383.
Under SPECIAL CONDITIONS: It states, "The Permit is subject to the following
conditions:"
1. PROPOSED PUBLIC TRAIL ACCESS EASEMENTS AND PUBLIC
FACILITIES. "Prior to the issuance of the coastal development permit, the applicant
shall submit to the Executive Director for review and written approval, compliance with
the following to implement the applicant's proposed public access program:"
a. PLANNING AREA #28: HAS THE EXECUTIVE DIRECTOR received
evidence in a form and content acceptable - restricting for public use the proposed public
access parking lot #1, to accommodate 25 autos on the lot at the northwestern comer of
Batiquitos Drive?
Iff A$ THTS BERN CQMPT.RTF.m
b. PLANNING AREAS #28 AND #30: WAS THE. EXECUTIVE DIRECTOR
RECEIVED EVIDENCE restricting for public use a 10 foot wide public access
easement (Trail No. 1) to provide pedestrian access ? This trail is to extend from the PA
NOV. 3.1997 12:10PM BROOKFIELD HOMES NO.S05 P.7
Page 3.
Coastal Commission Appeal
28 parking lot, through Open Space Lots 64 and 106 (PA 28 and 30), to the North Shore
Trail. TTTTS TRATT/TS AIfSO TO TNCLTTDE BENCHES WHICH ARF, TO RE
CONSTRUCTED BY THE DEVELOPER. HAS THIS BEEN DONE ?
c. Has the Executive Director approved this?
d. Has the Executive Director approved this?
e. Has the Executive Director approved this?
The next page is entitled, COASTAL DEVELOPMENT PERMIT NO 6-96-43
Page 4 of 7. UNDER SPECIAL CONDITIONS:
f. "Submittal of a letter of Agreement, signed by the applicant, to dedicate land for
a Lagoon Information Center is the area immediately westerly of the North Batiquitos
Sewer Pump Station in PA 30, if requested in the future by the Department of Fish and
Game.
WHAT IS THE STATUS OF THIS? ONCE BUILDER IS GONE, THIS
CAN'T BK DONE. TF THTS TS NOT DONE BY BTJTT.DEH WWO WIT J. PAY
FOR THIS? WILL THE COASTAL COMMISSION BE RESPONSIBLE FOR
STJBSTDTZING THIS? WE WANT TO KNOW WHO W1T,T, PAY PClff TTTTS Jf
THE BUILDER IS NOT HELD RESPONSIBLE FOR THIS DEDICATION
RIGHT NOW.
g. Submittal of a Letter of Agreement, signed by the applicant, to fund construction
of a single all-weather (decomposed granite) bus parking space to serve the existing and
future Lagoon Interpretive Center, if requested in the future by the Department of Fish
and Game, The developer shall be responsible only for the construction, and shall not be
responsible for site acquisition, permits, mitigation or other requirements of installation
of the SPACE.
HAS THIS BEEN DONE? IF THIS ISN'T DONE BEFORE BUILDER
PROJECT WHO WILL PAY FOR IT? AT.so WHO TS
RESPONSIBLE FOR SITE ACQUISITION, PERMITS, MITIGATION OR
OTRER REQUIREMENTS OF INSTALLATION OF THE SPACE? WE WANT
TO KNOW WHO WELL BE RESPONSIBLE FOR PAYING FOR THIS BUS
PARKING tsy ACE IF THE BUTT.DER TS NOT REQUIRED TO nn so NOW.
UNDER 2. REVISED TENTATIVE MAP. It states, "Prior to the issuance of the
coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, a revised tentative map in substantial confbrmance with the
NOV. 3.1997 12:10PM BROOKFIELD HOMES NO.605 P.8
PAGE 4.
COASTAL COMMISSION APPEAL
submitted map, approved by the City of Carlsbad, -which indicates the following changes
to CT-31 for subdivision of PA 28:
a. "Provision of a 10 ft wide public access trail easement to provide pedestrian
access to the existing Batiquitos Lagoon North Shore Trail. Such access trail shall extend
from the PA 28 parking lot etc."
WAS THIS BEEN COMPLETED?
b. ''Provision of a public trail access parking lot #1 , to accommodate 25
automobiles,
etc."
HAS TTTTS BEEN
UNDER ITEM 3. "PUBLIC ACCESS IMPROVEMENT PLANS: Prior to the issuance
of the coastal development permit, the applicant shall submit to the Executive Director
for review and written approval, public access improvement plans which indicate the
following:"
a, 'TLANNINGAREA#28. Reconstruction of the access trail between Public
Parking Lot #2 (Phase n lot) to design parameters in compliance with handicapped access
standards, if feasible.
THIS SHOULD NOT BE IF FEASIBLE. TfflS IS A VERY STEEP.
STTPPERY, DANGEROUS SLOPE FOR EVEN ABLE BODIED WROPT.E .
WHAT IS THE STATUS OF TfflS? IF THE BUILDER DOESN'T PAY FOR
THTS NQWr WILL THE COAST AI. COMMISSION PAY FOR TTTTS TO BE
DONE IN THE FUTURE? SOMETHING HAS TO BE DONE ABOUT IT NOW
BEFORE SOMEONE IS INJURED O
ON PAGE 5 OF 7 OF COASTAL DEVELOPMENT PERMIT NO 6-96-43 UNDER
SPECIAL CONDITION #3...
b. "Planning Areas #28 and #30. Construction of a 5 foot wide improved trail with
benches at view areas along the alignment of the access trail in PA 28 and PA 30 to be
constructed by die developer..,..
WHAT IS THE STATUS OF THIS?
c. "Planning Area #1 . Provision of an additional public access trail (5 foot wide)
between the Aviara Golf Clubhouse parking lot and the North Shore Trail...
NOV. 3.1997 12=10PM BROOKFIELD HOMES NO.605 P.9
PAGE 5.
COASTAL COMMISSION APPEAL
WHAT IS THE STATUS OF THIS?
d. ''Signage to designate each, of the ten parking spaces (including 1 handicapped
spaces) within the existing Golf Clubhouse paridng lot for public trail parking for the
North Shore Trail.,,"
WHAT IS THE STATUS OF THIS?
UNDER 4. "Public Access Signage Plans.
WHAT IS THE STATUS OF THIS?
UNDER 5. "Grading/Erosion Control..."
a. - b. c. d.
WHAT IS STATUS OF THESE TSSTJES?
UNDER 6, "Revised Landscape/Fire Suppression Plan. Prior to the issuance of the
coastal development permit, the applicant shall submit a revised landscape/fire
suppression plan for Planning Area 28 .....
HAS THIS BEEN DONE?- HAS TT BEEN OFTTrTATJ.Y APPROVED?
ALSO, "The City of Carlsbad must approve the above revision to the Landscape/Fire
Suppression Plan or an amendment to this permit may be required...."
HAS THIS BEEN DONE?
ALSO, "SATO PLAN SHALL BE SUBMITTED TO, REVIEWED AND
APPROVED TN WRITING BY THE EXECUTIVE DIRECTOR PRIOU TO THE
ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT.
HAS THE EXECUTIVE DIRECTOR APPROVED THE REVISED
SUPPRESSION PLAN IN
a. "Prior to the issuance of the coastal development permit, the applicant shall record
a deed restriction, in a form and content acceptable to the Executive Director. The
restriction shall be recorded against the individual lots subject to l(a) above and shall
incorporate the requirements of condition. #l(a) above...."
HAS THIS BEEN COMPLETED?
NOV. 3.1997 12:11PM BROOKFIELD HOMES - NO.605 P.10
PAGE 6.
COASTAL COMMISSION APPEAL
OUR APPEAL IS BASED ON THE CONFIRMATION AND/OR CLARIFICATION
OF THE COMPLETION OF THE ABOVE ITEMS.
NOV. 3.1997 12= 11PM BROOKFIELD HOMES NO. 605 P. 11
STATE OF CAUFOHNI A— THE RESOURCES AGENCY PETE WILSON.
CALIFORNIA COASTAL COMMISSION
/-!4 OltGO COAST AR5A
1 CAMINO DEI RIO NORTH. SUITE 300
. DIEGO. CA 72HU-1723
£21 -903*
July 15, 1997.
BTJ "'"'••-'- --
City of Carlsbad
Mike Grim /
2075 Las Pal mas Drive •••-, _^^^f
Carlsbad. Ca 92008-1725
RE Coastal Development Permit for Homes on Planning Area 28 within theAviara Master Plan
Dear Mr. Grim:
This letter Is In regards to the City's upcoiing coastal development permitreview of the above. As we spoke the other day. MB feel the City should
Incorporate some key provisions of the Coastal Commission's subdivisionapproval for Planning Area 28 Into Its upcoming permit approval for the homes
on Planning Area 28, in order to find the project consistent with the public
access and recreation policies of the Coastal Act. The provisions relate to
public access Improvements which the Commission found to be necessary
components of the subdivision in order to approve the subdivision as a gated
community. Examples of conditions of approval used by the Coimrisslon in
similar situations are attached for your reference,
He feel it should be clear to future lot owners through deed restrictions or
CCiR's that the trails in the open space area and the parking lots are
required to be open to the public in perpetuity, to guard against any future
requests for closure of these facilities to public use. In this way, the new
owner of the subdivision and subsequent lot owners will be aware of Commission
and City requirements on this important site. If you have any questions or
want my review of draft conditions of approval , please call me at the above
office.
1836A
NOV. 3.1997 12:11PM BROOKFIELD HOMES NO.605 P.12
COASTAL OEVELOPHEN ~ £ TT NO. 6-96-43 ^
- Page 3 of JL
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Proposed Public Trail Access Easements and Public Facilities. Prior to
the Issuance of the coastal development permit, the applicant shall submit to
the Executive Director for review and written approval, compliance with the
following to Implement the applicant's proposed public access program:
a. Planning Area »28: Evidence of recordation of an offer to dedicate
or deed restriction, in a form and content acceptable to the
Executive Director, restricting for public use the proposed public
access parking Tot #1, to accommodate 25 automobiles, on the proposed
lot at the northwestern corner of Batiquitos Drive and Nitens Street.
b. Planning Areas £28 and Jfftp: Evidence of recordation of an offer to
dedicate or deed restriction, in a form and content acceptable to the
Executive Director, restricting for public use a 10 foot wide publicaccess easement (Trail No. 1) to provide pedestrian access to the
existing Batiquitos Lagoon North Shore Trail, Such access trail
shall extend from the PA 28 parking lot, through Open Space Lots 64
and 106 (PA 28 and 30), to the North Shore Trail, Such trail shall
be open to the public in perpetuity and include benches to beconstructed by the developer,
c. Planning Area tfl. Evidence of recordation of an offer to dedicate or
deed restriction, in a form and content acceptable to the ExecutiveDirector, restricting for public use a 5 foot wide public access
easement within the lagoon buffer between the.Golf Course property
line and the existing North Shore Trail.
d. Evidence of recordation of a deed restriction, in a form and content
acceptable to the Executive Director, restricting for public use ten
parking spaces (including 2 handicapped spaces) within the existing
Golf Clubhouse parking lot for exclusive use for public trail parking
during the hours the North Shore Trail is open to the public- as
adopted by the Department of Fish and Game (DFG) and approved by theCoastal Commission, Use of the public area within the Golf Course
parking lot shall be subject to the rules and regulations for North
Shore Trail usuage adopted by the OFG, Including, but not limited to
specific hours of operation and the prohibition of overnight
parking. It is the right of the underlying owner to take steps to
enforce these rules, including reporting Violations to the OFG, thelocal Police Department, or private security.i
e. The evidence of recordation of a deed restriction, in form and
content acceptable to the Executive Director, to assure the
non-exclusive but permanent right of public access across the GolfClubhouse parking lot, and the associated sidewalk area between theGolf Clubhouse parking lot and the lagoon buffer access referred toin Special Condition No. Uc).
NOV. 3.1997 12=12PM BROOKFIELD HOMES NO.605 P.13
COASTAL OEVELOPMEN MIT NO. £^35=51
Page 4 of 7 .
SPECIAL CQNDJJJQN§T continued:
f. Submittal of a Letter of Agreement, signed by the applicant, to
dedicate land for a Lagoon Information Center 1n the area immediatelywesterly of the North Batiquitos Sewer Pump Station in PA 30, ifrequested In the future by the Department of fish and Game.
g. Submittal of a Letter of Agreement, signed by the applicant, to fundconstruction of a single all-weather (decomposed granite) bus parkingspace to serve the existing and future Lagoon Interpretive Center, if
requested in the future by the Department of Fish and Gam*. The
developer shall be responsible only for the construction, and shall
not be responsible for site acquisition, permits, mitigation or other
requirements of Installation of the space,
2. Revised Tentative Nan. Prior to the issuance of the coastal development
permit, the applicant shall submit to the Executive Director for review andwritten approval, a revised tentative map in substantial confonnance with the
submitted map, approved by the City of Carlsbad, which indicates the following
changes to CT-31 for subdivision of PA 28:
a. Provision of a 10 foot wide public access trail easement to provide
pedestrian access to the existing Batiquitos Lagoon North Shore
Trail. Such access trail shall extend from the PA 28 parking lot,
through Open Space Lots 64 and 106 (PA 28 and 30), to the North Shore
Trail. Such trail shall be open to the public in perpetuity;
b. Provision of a public trail access parking lot #1. to accommodate 25
automobiles, on the proposed lot at the northwestern corner of
Batiqwitos Drive and Nitens Street, within PA 28;
c. Deletion of the outdoor classroom;
d. Notes indicating the on- site public access trail and parking
improvements shall be installed prior to occupancy of the residential
units within PA 28, and shall be open, to the public in perpetuity.
3. Pubjic Access Improvement Plans. Prior to the issuance of the coastal
development permit, the applicant shall submit to the .Executive Director for
review and written approval, public access improvement plans which indicate
the following:
a. Planning Area rf?fl Reconstruction of the access traij between Public
Parking Lot #2 (Phase II lot) to design parameters in compliance with
handicapped access standards, if feasible. The revised design may
require an amendment to this coastal development permit. The
proposed on-site public access improvements shall be installed prior
to occupancy of the residential units within PA 28.
NOV. 3.1997 12:12PM BROOKFIELD HOMES NO.605 P.14
COASTAL DEVELOPMENT k «T NO- 6~96-*3
Page 5 of _7 _
SPECIAL CONDITION, continued:
b. Planning Areas #28 and #30. Construction of a S foot wide improved
trail with benches at view areas along the alignment of the accesstrail in PA 28 and PA 30 to be constructed by the developer prior to
occupancy of the residential units within PA 28.
c. Plannjpg Area #1 - Provision of an additional public access trail (5
foot wide) between the Aviara Golf Clubhouse parking lot and the
North Shore Trail to be constructed within 6 months of Commission
action on this coastal development permit. During the interim
period, between Commission action on this permit and 6 months from
that date, public access through this proposed trail alignment shall
be accommodated to the degree feasible, recognizing that safety
considerations may preclude such access during the period of actual
construction of the subject gate, trail and slgnage 1 improvements .
d. Sianaqe to designate each of the ten parking spaces (including 2
handicapped spaces) within the existing Golf Clubhouse parking lot
for public trail parking for the North Shore Trail to be installed
within 3 months of Commission action on this coastal development
permit.
4. Public Access Slqnaqe Plans. Prior to the issuance of the coastal
development permit, and within 30 days of Commission action on this permit,
the applicant shall submit to the Executive Director for review and written
approval in consultation with the Department of Fish and Game, a detailed
public access signage plan, to be installed at the entry to all public parking
lots and North Shore Trail access trailheads. The signs shall also be
installed at the Intersections of Poinsettia Lan« and Batiquitos Drive, Alga
Road and Poinsettia Lane, Alga Road and Batiquitos Drive, and the Kestrel
Drive and Alga Road intersection. Additionally, public access signs snail be
installed at the No. 1 parking lot and the Ho. 3 parking lot (Golf Clubhouse)
visible from Batiquitos Drive, and at the trail heads leading from the parking
lots, and at both ends of the North Shore Trail. Said signage shall read,
"Public Parking Lot" and 'Public Access to Lagoon Trail - Open to the Public"
or similar language. Hours of operation consistent with public hours proposed
by the Department of Fish and Game and approved by the Executive Director may
be posted. -All signs must be erected at the proposed locations within 6
months of the Commission's action on this permit. Said plan shall be approved
'in writing by the Executive Director in consultation with the Department of
Fish and Game.
5. Grading/Erosion Control. Prior to the issuance of the coastal development
permit, the applicant shall submit to the Executive Director for review and
written approval, final site and grading plans approved by the City of
Carlsbad which incorporate the following requirements:
a. All grading activity shall be prohibited between October 1st and
April 1st of any year.
NOV. 3.1997 12=13PM BROOKFIELD HOMES NO.605 P.15
. COASTAL DEVELOPMENT F IT NO. 6-96-43 ~~
Page 6 of 7
SPECIAL CONDITIONS, continued:
b. All permanent runoff and erosion control devices shall bedeveloped and installed prior to October 1.
c. All areas disturbed, but not completed, during the construction
season, including graded pads, shall be stabilized prior to October 1.
Any proposed temporary erosion control measures, such as interceptor
ditches, sandbagging, debris basins, temporary desilting basins and silt
traps shall be used In conjunction with plantings to minimize soils loss
from the construction site.
d. Maintenance of temporary erosion control measures is the
responsibility of the applicant, including replacement of any devices
altered or dislodged by storms.
6. Revised Landscape/Fire Suppression J*lan. Prior to the issuance of
the coastal development permit, the applicant shall submit a revised
landscape/fire suppression plan for Planning Area 28. The plan shall indicate
the type, size, extent and location of trees to be planted on the manufactured
slopes of lots 11-15, 17-23 and 56-62 and shall be prepared in consultation
with the City of Carlsbad Planning and Fire Departments. The City of Carlsbad
must approve the above revision to the Landscape/Fire Suppression Plan or an
amendment to this permit may be required. Regarding these lots, the revised
pUn shall include the following:
The placement of a combination of twenty-three 15 gallon and 24 inch box
specimen size trees on the rear slopes of Lots 17 to 23, 11 to 15 and 56
to 62. Said trees shall be of an evergreen species compatible with the
natural character of the surrounding environs. The trees shall be located
to soften views of the structures from Interstate 5 and the North Shore
Trail, while preserving views from the homes to Interstate 5 and
Batiqultos Lagoon. No trees shall be required on the development pads.
The required trees shall be planted prior to occupancy of the home? and be
maintained in good growing condition For the life of the residence. This
tree requirement shall supplement the fire suppression plan/deed
restriction approved pursuant to CDP #6-91-46 (Phase II Aviara).
Said plan shall be submitted to, reviewed and approved In writing by the
Executive Director prior to the issuance of the coastal development permit,
a. Prior to the Issuance of the coastal development permit, the
applicant shall record a deed restriction, in a form and content
acceptable to the Executive Director. The restriction shall be
recorded against the individual lots subject to l(a) above and shall
incorporate the requirements of condition #l(a) above to assure that
specimen size trees in substantial conformance with those plans
"NOV. 3.1997 12=13PM BROOKFIELD HOMES NO.605 P.16
. COASTAL DEVELOPMENT 3MIT NO. 6-96-A3
Page 7 of
SPECIAL CONDITIONS, continued:
approved *ith COP #6-96-43 are maintained throughout the life of the permitted
development. The restriction shall be recorded, free of all prior liens and
encumbrances, except for tax liens, and binding on the permittee's successors1n interest and any subsequent purchasers of any protion of the real property.
7. Future Development. Construction of single family residences, shall
require review and approval by the Coastal Commission, or its successor in
Interest, under a separate coastal development permit or an amendment to this
permit.
(6043P)
NOV. 3.1997 12= 13PM BROOKFIELD HOMES NO. 605 P. 17
.nil DU' P~ y.0— JM
Page 3 of
SPECIAL CONnTTTOMS:
The permit Is subject to the following conditions:
1. Trail Acknowledgement. Prior to the issuance of the coastal
development permit, both the co-applicants shall sign and submit a written
acknowledgement that an additional public access trail will be constructed
within the open space of Planning Area 30, and the trail shall be open to the
public in perpetuity. The trail shall be constructed as a condition of
development of Planning Area #28. Said acknowledgement shall be submitted to
the Executive Director for review and written approval prior to the issuance
of the coastal development permit.
2, Revised Landscape/Fire Suppression Plan. Prior to the issuance of
the coastal development permit, the applicant shall submit a revised
landscape/fire suppression plan for Lots SB & 59 and 85-93, as shown on
attached Exhibit #4. The plan shall indicate the type, size, extent and
location of trees to be planted In the rear yards of said lots and be prepared
in consultation with the City of Carlsbad Planning and Fire Departments.
Regarding these lots, the revised plan shall include the following:
The placement of a minimum of four 15 gallon and five 24 Inch box specimen
size trees in the rear yards of Lots 58 & 59 and 85-93. Said trees shall
be of an evergreen species compatible with the natural character of the
adjacent slopes. The trees shall be located so that they soften the views
^ of the structures from Interstate 5, while preserving views from the homes
to Interstate 5 and Batiquitos Lagoon. It is not necessary that a tree be
located in every rear yard to create the desired screening.
The required trees shall be planted prior to occupancy of the homes and be
maintained in good growing condition for the life of the residence.
Said plan shall be submitted to, reviewed and approved in writing by the
Executive Director prior to the Issuance of the coastal development permit.
The following findings to support the above condition should be added'after
sentence #6 on Page 4 of the staff report as a new paragraph:
The Master Plan also calls for landscape screening of structures to soften
the view of these structures from the lagoon, 1-5 and Batiquitos Drive.
Despite the above development standards and design guidelines, Lots 58 and
59 and 85-93 will be highly visible from 1-5 and the lagoon. In its
approval of the subdivision of the site (Coastal Development Permit
#6-92-189), the Commission approved a landscaping/fire suppression plan
designed to mitigate visual impacts resulting from the finish grading of
I the site and habitat Impacts associated with fuel modification
requirements of the Carlsbad fire department. It includes both| landscaping and fire suppression provisions to revegetate all manufactured
! slopes, and stipulates that drought tolerant native plants shall be usedI to the maximum extent feasbile. However, the approved plan does not
NOV. 3.1997 12=14PM BROOKFIELD HOMES NO.605 P.18
COASTAL DEVELOPMENT MIT NO. 6-96-38
Page 4 of
SPECIAL CONDITIONS, continued:
include landscaping that would adequately screen the above lots from thefreeway and lagoon. For that reason the Commission finds that a revised fire
suppression/landscaping plan must be submitted which provides that these lotswill be screened with trees to soften public views. The condition requires
the placement of a minimum of four 15 gallon and five 24 inch box specimen
size trees in the rear yards of Lots 58 & 59 and 85-93. Thus, at least 9
trees must be placed amongst the 11 lots at locations which would break-up the
wall effect of development as seen from the freeway. The condition gives theapplicant the discretion to cluster the trees i.e.. locate possibly three sets
of three trees at three locations on these lots or another combination of
clustered trees that would achieve the goal of minimizing the visual impact of
the houses. Said trees shall be of an evergreen species compatible with the
natural character of the adjacent slopes. Evergreens are preferred because
they would maintain visual screening throughout the year as opposed to
deciduous trees which lose their leaves at some time during the year,
(6038P)