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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)