HomeMy WebLinkAboutCDP 97-14; Bella Lago; Coastal Development Permit (CDP) (2)STATE OF CALIFORNIA-THE RESOURCES AGENC'
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725 /,'"
(619) 521-8036 "
PETE WILSON, Governor
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PLACING DEPARTMENT
City Of
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Filed: October 31, 1997
49th Day: December 19, 1997
180th Day: April 29, 1997
Staff: WNP
Staff Report: October 18, 1997
Hearing Date: December 10-12, 1997
STAFF REPORT AND RECOMMENDATION ON APPEAL
LOCAL GOVERNMENT: City of Carlsbad
DECISION: Approved With Conditions
APPEAL NO.: A-6-CEB-97-123
APPLICANT: Brookfield Carlsbad Inc.
PROJECT LOCATION: Within Aviara Planning Area 28 at south side of Batiquitos
Drive, between Golden Star Lane and Melodia Terrace, East Batiquitos Lagoon segment,
Carlsbad, San Diego County. APN 216-111-08 & 09; 216-150-18
PROJECT DESCRIPTION: Construction of 61 single family residences on pregraded lots
within Aviara Planning Area 28 which was subdivided and graded pursuant to CDP #6-96-
43.
APPELLANTS: Lynn Young
SUBSTANTIVE FILE DOCUMENTS: Certified City of Carlsbad Local Coastal
Program East Batiquitos Lagoon segment; City of Carlsbad SDP 97-01/CDP 97-14;
STAFF NOTES: ~~
The project which has been approved by the City of Carlsbad and is the subject of this
appeal is for construction of 61 single family homes on existing graded lots only. The lots
were created and graded pursuant to a previous coastal development permit approved by
the Coastal Commission (CDP #6-96-43). That permit was for subdivision of the 44.1
acre property, previously owned by Aviara, into 65 lots including two open space lots and
two interior private street lots. The permit also authorized the grading for building pads
and installation of street improvements and utilities. Brookfield Homes has purchased
only the building and private street lots from Aviara. Aviara has retained ownership of the
adjacent open space, parking lots and trail easements. A number of public access
improvements were required both on-site and off-site as a condition of approval of the
subdivision in order to find the proposed subdivision consistent with the public access and
A-6-CEB-97-123
Page 2
recreation policies of the Coastal Act. Those on-site improvements include a 25 space
off-street public parking lot at the entrance to PA 28 off Batiquitos Drive, a 1/3 mile
nature trail through adjacent open space to the west to connect the parking lot to the
North Shore Public Access Trail located southwest of the PA boundary and public access
signage at these areas. Construction of the public lot and trail improvements is the
responsibility of the owner of the adjacent open space, not the project applicant, and is
required to be completed prior to occupancy of any residence within PA 28.
Offsite public access improvements include trail improvements from two existing off-site
parking lots, reservation of public trail parking within the existing golf course parking lot
and public access signage. Improvement to the off-site trail leading from the existing
parking lot east PA 28 off Batiquitos Drive has not yet been completed and is required to
be installed prior to occupancy of the residential units within PA 28.. Additionally, none
of the required public access signage has been installed on PA 28 as required by CDP #6-
97-43; however, the subject applicant is not responsible for the installation of the required
signage, and that matter will be pursued as a separate enforcement action with the
appropriate property owner.
SUMMARY OF STAFF RECOMMENDATION:
The staff recommends that the Commission, after public hearing, determine that no
substantial issue exists with respect to the grounds on which the appeal has been filed for
the following reasons.
I Appellant Contends That: The appeal form (reference exhibit 1) states that the appeal
"is based on the confirmation and/or clarification of the 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." The appellant refers to a letter from Coastal
Commission staff sent to the City of Carlsbad during City review of the subject project.
The letter suggests that in the City approval of the subject permit, it should be clear to
future lot owners through deed restriction 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. The appellant questions
whether it is possible to request that the builder include this information in the State of
California Department of Real Estate white papers that the builder is required by law to
furnish to every prospective home buyer, so as not to be lost in the bulk of the CC&R's.
The appellant also suggests that all homebuyers 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 the
25 car parking lot.
A-6-CEB-97-123
PageS
The appellant goes on to further question the status of compliance with all the conditions
of approval imposed by the Coastal Commission on the coastal development permit #6-
97-43 for subdivision, grading and street and utility improvements within PA 28.
Specifically, the appellant has cited the conditions (which were complied with prior to the
issuance of the subdivision permit), including those requiring recordation of deed
restrictions which have been recorded against the open space and residential lots,
restricting for public use the previously identified trail easements and parking lots. The
appellant also questions when the trail improvements will be installed. The appellant
requests a status on each of the issues to insure that no building permits will issue until
each item has been completed by the builder/developer and approved by the Executive
Director. In answer, regarding the mentioned trail improvements which have not yet been
installed, they are required to be installed prior to occupancy of the residential units in PA
28 by the subdivider, not the subject builder.
Other conditions of approval which are addressed by the appellant and have been complied
with by the subdivider prior to the issuance of the subdivision permit include, submittal of
a letter of agreement to dedicate land for a Lagoon Information Center in 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 (DFG); and a letter of agreement to
fund construction of a single all-weather bus parking space to the the existing and future
Lagoon Interpretive Center, if requested in the future by the DFG. The appellant
questions if these items are not completed by the builder, who will pay for these
improvements and land dedication? In answer, it is the subdivider, not the subject
residential builder, who is responsible for such land dedication or construction of the bus
parking space. The land on which such improvements would be constructed is not owned
by the subject applicant.
Other conditions of approval which are addressed by the appellant include the requirement
for a revised landscape/fire suppression plan and a recorded deed restriction to indicate the
number and size of trees which must be planted prior to the occupancy of the homes, to
screen the residential development from public views. The deed restriction specifies the
trees must be maintained in good growing condition for the life of the residence. The
appellant questions whether the plan has been approved by the City and the Executive
Director. In answer, the plan has been approved by both the City and the Executive
Director and the deed restriction recorded by the subdivider prior to the issuance of the
subdivision permit. Brookfield Homes will be responsible for planting the screening trees
within the private lots prior to the occupancy of the residences in PA 28. One other
condition of approval which is addressed by the appellant and has been complied with by
the subdivider prior to the issuance of the subdivision permit includes the requirement for
a grading and erosion control plan which has been implemented by the subdivider during
construction of the streets and residential subdivision.
A-6-CEB-97-123
Page 4
II. Local Government Action
The subject SDP 97-0land CDP 97-14 was approved by the City of Carlsbad Planning
Commission on August 6. 1997. That decision was appealed to the City Council;
however, the Council adopted a resolution to uphold the Planning Commission's decision
to approve the site development plan and coastal development permit on October 7, 1997.
In regards to the specific grounds for appeal, the City approval contains the following
conditions:
10. The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. The plans shall be submitted to and approval obtained from the Planning
Director prior to the approval of the final map, grading permit, or building permit,
whichever occurs first. The Developer shall construct and install all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris. Said landscaping
plans shall include specimen trees and shrubs incorporated into the planting of the
internal slopes and those slopes along the southern portion of Planning Area 28
intended to screen and soften public views of the site, to the satisfaction of the
Planning Director
15. Prior to the issuance of building permits, the Developer shall submit proof of
satisfaction of all special conditions from Coastal Development Permit 6-96-43 and 6-
96-38 for Aviara Planning Area 28 including, but not limited to, public access
disclosure and improvements.
III. Appeal Procedures.
After certification of a Local Coastal Program (LCP), the Coastal Act provides for limited
appeals to the Coastal Commission of certain local government actions on coastal
development permits. Projects within cities and counties may be appealed if they are
located within mapped appealable areas. The grounds for appeal are limited to the
assertion that "development does not conform to the certified local coastal program."
Where the project is located between the first public road and the sea or within 300 ft. of
the mean high tide line, the grounds of appeal are limited to those contained in Section
30603(b) of the Coastal Act. Those grounds are that the development does not conform
to the standards set forth in the certified local coastal program or the access policies set
forth in the Coastal Act.
Section 30625(b) of the Coastal Act requires the Commission to hear an appeal unless it
determines that no substantial issue is raised by the appeal. If the staff recommends
"substantial issue" and no Commissioner objects, the Commission will proceed directly to
a de novo hearing on the merits of the project.
A-6-CEB-97-123
PageS
If the staff recommends "no substantial issue" or the Commission decides to hear
arguments and vote on the substantial issue question, proponents and opponents will have
3 minutes per side to address whether the appeal raises a substantial issue. It takes a
majority of Commissioners present to find that no substantial issue is raised. If substantial
issue is found, the Commission will proceed to a full public hearing on the merits of the
project. If the Commission conducts a de novo hearing on the permit application, the
applicable test for the Commission to consider is whether the proposed development is in
conformity with the certified Local Coastal Program.
In addition, for projects located between the sea and the first public road paralleling the
sea, Sec. 30604(c) of the Act requires that a finding must be made by the approving
agency, whether the local government or the Coastal Commission on appeal, that the
development is in conformity with the public access and public recreation policies of
Chapter 3. In other words, in regard to public access questions, the Commission is
required to consider not only the certified LCP, but also Chapter 3 policies when
reviewing a project on appeal.
The only persons qualified to testify before the Commission at the "substantial issue" stage
of the appeal process are the applicant, persons who opposed the application before the
local government (or their representatives), and the local government. Testimony from
other persons must be submitted in writing. At the time of the de novo hearing, any
person may testify.
Staff Recommendation On Substantial Issue.
The staff recommends the Commission adopt the following resolution:
Staff recommends that the Commission determine that NO SUBSTANTIAL ISSUE exists
with respect to the grounds on which the appeal was filed, pursuant to PRC Section
30603.
MOTION
Staff recommends a YES vote on the following motion:
I move the Commission determine that Appeal No. A-6-CEB-97-123 raises no
substantial issue with respect to the grounds on which the appeal has been filed.
A majority of the Commissioners present is required to pass the motion.
A-6-CEB-97-123
Page 6
Findings and Declarations.
1. Project Description. The proposed project approved by the City of Carlsbad and the
subject of this appeal is for construction of 61 single family homes on existing pregraded
lots. The subject site is overlooking and adjacent to Batiquitos Lagoon and has been
graded in accordance with the approved grading plan for City of Carlsbad tentative map
approval CT 90-31 and coastal development permit #6-96-43. All grading, open space
dedication and installation of streets and utilities has occurred through implementation of
CDP #6-96-43. That permit was approved by the Coastal Commission and included
subdivision of the 44.1 acre property, previously owned by Aviara, into 65 lots including
two open space lots and two interior private street lots. Brookfield Homes has purchased
only the building and private street lots from Aviara. Aviara has retained ownership of the
adjacent open space, parking lots and trail easements. The proposal involves a mix of
homes, ranging from 2,985 to 4,145 sq.ft. in area and measuring either 22 feet of 30 feet
high. There would be two 22 foot high models and one 30 foot high mode, each with
optional add-ons such as garages, libraries or bedrooms.
The subject site is surrounded by Cantata, a single family residential development across
Batiquitos Drive to the north, a trailhead parking lot (off Batiquitos Drive) and the first
hole of the Aviara Golf Course to the east, and natural open space then the Isla Mar single
family residential development to the west. The North Shore Public Access Trail is
adjacent to the site to the south, then Batiquitos Lagoon.
2. Consistency with Certified Local Coastal Program. The subject site lies within the East
Batiquitos Lagoon segment of the City of Carlsbad Local Coastal Program (LCP) and is
subject to those land use plan policies and the implementation ordinances contained in the
certified Aviara Master Plan. The land use plan policies address preservation of
agriculture and scenic resources, protection of environmentally sensitive habitat areas,
provision of public access and prevention of geologic instability and erosion. Most of
these issues were addressed through approval of the subdivision permit including
preservation of steep slopes, grading and erosion control measures, landscaping
requirements and public access improvements. There is no encroachment proposed within
the adjacent and protected open space areas with the subject permit. Shoreline access
issues have been addressed through provision of a public parking lot and access trail to the
North Shore Trail which will be discussed in greater detail below. The visual resources
have been protected through selective placement of 22 and 30 foot homes consistent with
the height limits contained in the certified Master Plan. Landscaping has been required for
screening purposes consistent with the Master Plan and the conditions of approval of the
subdivision permit. Thus the project is found to be in conformance with the provisions of
the certified Local Coastal Program.
A-6-CEB-97-123
Page?
3. Consistency with the Public Access and Recreation Policies of the Coastal Act In
accordance with Section 30604 (c) of the Coastal Act, development located between the
first coastal roadway and the sea, such as the subject site, must contain a specific finding
of conformance with the public access and recreation policies of Chapter 3 of the Coastal
Act. Additionally, where the project is located between the first public road and the-sea or
within 300 ft. of the mean high tide line, the grounds of appeal are limited to those
contained in Section 30603(b) of the Coastal Act. Those grounds are that the
development does not conform to the standards set forth in the certified local coastal
program or the access policies set forth in the Coastal Act. Therefore, the stated grounds
for appeal which include concern regarding the completion and noticing provisions for the
public access improvements required in the adjacent open space areas are legitimate
grounds for appeal pursuant to Section 30603. However, the Commission finds there is
no substantial issue raised by the appeal after review of the status of compliance with the
public access requirements of the subdivision permit and for the following reasons.
A number of public access improvements were included within the subdivision approval,
both on-site and off-site, in order to find the proposed subdivision consistent with the
public access and recreation policies of the Coastal Act. Those on-site improvements
include a 25 space off-street public parking lot at the entrance to PA 28 off Batiquitos
Drive, a 1/3 mile nature trail through adjacent open space to the west to connect the
parking lot to the North Shore Public Access Trail and public access signage.
Construction of the public lot and trail improvements is the responsibility of the owner of
the adjacent open space (Aviara), not the project applicant, and is required to be
completed prior to occupancy of any residence within PA 28. According to the applicant,
ultimately the open space and parking lots will be deeded to the Aviara Master
Association. The CC&R's for the Master Association will acknowledge the Coastal
Commission restrictions and stipulate that the Association is responsible for maintenance
of the trail improvements and parking lots. Additionally, deed restrictions have already
been recorded against each individual residential lot in PA 28 that indicate that the parking
lots and trail easements are restricted for use by the public in perpetuity. This restriction
eliminates the need to disclose the access areas in the Department of Real Estate papers as
suggested by the appellant.
Offsite public access improvements required by the subdivision permit include trail
improvements from two existing off-site parking lots, reservation of public trail parking
within the existing golf course parking lot and public access signage. Improvement to the
trail leading from the existing parking lot east of PA 28 off Batiquitos Drive has not yet
been completed and is required to be installed prior to occupancy of the residential units
within PA 28. Additionally, all required public access signage has not yet been installed as
required by CDP #6-97-43. These matters must be addressed by Commission staff with
the subdivider, Aviara, who is the responsible party. The subject applicant is not
A-6-CEB-97-123
PageS
responsible for the installation of the trail or the required signage and does not own the
property where these improvements will be located.
Therefore, in conclusion, all conditions of approval of the subdivision permit have either
been satisfied or will be satisfied by the permittee (Aviara) prior to occupancy of the
residences in PA 28. Therefore, the Commission finds that approval of the proposed
project for construction of the homes does not represent any conflicts with the public
access and recreation policies of the Coastal Act, and therefore, no substantial issue is
raised by the appeal.
STATE OF CALIFORNIA—THE RESOURCES A. iCf PETE WILSON. Go«mor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(6-,9) 521-8034
APPEAL FROM COASTAL PERMIT
DECISION OF LOCAL GOVERNMENT
Please Review Attached Appeal Information Sheet Prior To Completing
This Form.
SECTION I. Appellant
Name, mailing address and telephone number of appellant:
Li *iil
3 I
Zip
SECTION II. Decision Beino Appealed
1. Name of local/port
gov ernment C / r 7 0 r
Area Code Phone No.
2. Brief description of development bein
appeal ed : pL*tiA/,ri£r A A? A, 33 7-^7 -a-, ,.//7- /Y
3. Development's location (street address, assessor's parcel
no., cross street, etc.): #/>-r»'fl \J>ro s
4. Description of decision being appealed:
Approval; no special conditions:a.
b.Approval with special conditions:.
Denial:
Note: For jurisdictions with a total LCP, denial
decisions 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
DATE FILED:
DISTRICT:0,
f?
EXHIBIT NO. 1
APPLICATION NO.
A-6-CEB-97-123
Appeal Form
^California Coastal Commission
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page 2)
5.
a.
b.
6.
7.
Decision being appealed was made by (check one):
c. Planning CommissionPlanning Director/Zoning
Administrator
^_City Council/Board of
Supervisors
d. Other
Date of local government's decision:
Local government's file number (if anv):
7
3 7 - 0 1 I
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:
• iJ5 n f
-~SU>T£- £00
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)LU A 1 c *
(3) /*tev fr\t£ *JOf//J
13
(4)
35"
<Ls+ 73409
136 3. S/\</AiJtJAj4
/*!** Mis S~rAHL
1334
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.
11
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT (Page 3)
State briefly your reasons for this appeal Include
Land Use Plan,
a summary
description of Local Coastal Program, Land Use Plan, or Port Master
Plan policies and requirements in which you believe the project is
inconsistent 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 to
support the appeal request.
SECTION V. Certification
The information and facts stated above are correct to the best of my
knowl edge^.
'—>
Signed!
Appellant"or$fgen
Date/<>£&• 9 7
Agent Authorization: I designate the above identified person(s) to
act as my agent in all matters pertaining to this appeal.
Signed
Appellant
s ^
Date
0016F n
OCTOBER 22,1997 COASTAL COMMISSION APPEAL FOR PA 28
.. .^p-
: . ' .. ," -\l C
Our Appeal is based on the CONFIRMATION AND/OR CLARIFICATION of the^- ....- oo COAS r
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 IN THE STATE OF CALIFORNIA DEPARTMENT OF REAL
ESTATE WHITE PAPERS THAT THE BUILDER IS REQUIRED BY LAW TO
FURNISH TO EVERY PROSPECTIVE HOME BUYER? THIS WAY IT WON'T
BE "LOST" IN THE MAZE OF PAPERS WHICH INCORPORATE ALL THE
CC&R'S FOR AVIARA. ALSO. ALL HOMEBUYERS IN PA 28 SHOULD BF
ADVISED THAT THE MAIN ENTRANCE TO THEIR COMMUNITY WELL
ALSO BE USED BY THE GENERAL PUBLIC TO GET IN AND OUT OF THE 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.
IF THESE PAGES DO EXIST. PLEASE FAX THEM TO US AT
760-603-8383.
On Page 3 of 3 under SPECIAL CONDITIONS: it states, "The permit is subject to the
following conditions:"
WF ARE APPEALING TO BE UPDATED ON THE STATUS OF EACH
OF THESE ISSUES TO INSURE THAT NO BUILDING PERMITS WILL BE
ISSUED UNTIL EACH ITEM HAS BEEN COMPLETED BY THE
BUILDER/DEVELOPER AND APPROVED BY THE EXECUTIVE DIRECTOR.
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
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.).
PLEASE FURNTSH US WITH ANY MISSING PAGES.
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 as 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 corner of
Batiquitos Drive?
HAS THIS BEEN COMPLETED?
b. PLANNING AREAS #28 AND #30: HAS 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
5~
Page 3.
Coastal Commission Appeal
28 parking lot, through Open Space Lots 64 and 106 (PA 28 and 30), to the North Shore
Trail. THTS TRAIL IS ALSO TO INCLUDE BENCHES WHICH ARE TO BE
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 BE DONE. IF THIS IS NOT DONE BY BUILDER, WHO WILL PAY
FOR THIS? WILL THE COASTAL COMMISSION BE RESPONSIBLE FOR
SUBSIDIZING THIS? WE WANT TO KNOW WHO WILL PAY FOR THIS IF
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
COMPLETES PROJECT. WHO WILL PAY FOR IT? ALSO. WHO IS
RESPONSIBLE FOR SITE ACQUISITION, PERMITS, MITIGATION OR
OTHER REQUIREMENTS OF INSTALLATION OF THE SPACE? WE WANT
TO KNOW WHO WILL BE RESPONSIBLE FOR PAYING FOR THIS BUS
PARKING SPACE IF THE BUILDER IS NOT REQUIRED TO DO 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 conformance with the
/?
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."
HAS THIS BEEN COMPLETED?
b. "Provision of a public trail access parking lot #1, to accommodate 25
automobiles,
etc."
HAS THIS BEEN COMPLETED?
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. "PLANNING AREA #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. THIS IS A VERY STEEP.
SLIPPERYT DANGEROUS SLOPE FOR EVEN ABLE BODIED PEOPLE .
WHAT IS THE STATUS OF THIS? IF THE BUILDER DOESN'T PAY FOR
THIS NOW. WILL THE COASTAL COMMISSION PAY FOR THIS TO BE
DONE IN THE FUTURE? SOMETHING HAS TO BE DONE ABOUT IT NOW
BEFORE SOMEONE IS INJURED OR KILLED!
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 the 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....
7^/7
PAGE 5.
COASTAL COMMISSION APPEAL
WHAT IS THE STATUS OF THIS?
d. "Signage 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..."
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 ISSUES?
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 IT BEEN OFFICIALLY APPROVED?
ALSOT "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 PRIOR TO THE
ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT.
HAS THE EXECUTIVE DIRECTOR APPROVED THE REVISED
LANDSCAPE/FIRE SUPPRESSION PLAN TN WRITING?
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?
n
PAGE 6.
COASTAL COMMISSION APPEAL
OUR APPEAL IS BASED ON THE CONFIRMATION AND/OR CLARIFICATION
OF THE COMPLETION OF THE ABOVE ITEMS.
STATE OF CALIFORNIA—THt RESOURCES AGENCY PETE WILSON.
CALIFORNIA COASTAL COMMISSION
r~!J DIEGO COAST AREA
CAMINO DEL RiO NORTH. SUITE 200
. OIEGO. CA 92J08-I723
(619) 521-3036
July 15, 1997
City of Carlsbad
Mike Grim
2075 Las Pal mas Drive . _ __ <^'
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 upcoming coastal development permit
review of the above. As we spoke the other day, we feel the City should
incorporate some key provisions of the Coastal Commission's subdivision
approval 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 Commission in
similar situations are attached for your reference.
We 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.
Sincerely
Bill Ponder
Coastal Planner
1836A
/O Op
tr*'.mi n\J.
Page 3 of 3
SPECIAL CONDITIONS:
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 58 & 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
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 used
to the maximum extent feasbile. However, the approved plan does not
//? n
COASTAL DEVELOPML. MIT NO. 6-96-38
Page 4 of
/"*' SPECIAL CONDITIONS, continued:
include landscaping that would adequately screen the above Jots from the
freeway and lagoon. For that reason the Commission finds that a revised fire
suppression/landscaping plan must be submitted which provides that these lots
will 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 i 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 the
applicant 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)
/ Z..- /?
COASTAL DEVELOPMENT1^ . T.T NO. 6-96-43
Page 3 of 7
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 lot #1, to accommodate 25 automobiles, on the proposed
lot at the northwestern corner of Batiquitos Drive and Nitens Street.
b. Planning Areas #28 and #30: 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 public
access 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 be
constructed by the developer.
c. Planning Area #1. 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 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 the
Coastal 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, the
local Police Department, or private security.t
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 Golf
Clubhouse parking lot, and the associated sidewalk area between the
Golf Clubhouse parking lot and the lagoon buffer access referred to
in Special Condition No. He).
/*> Of 17
COASTAL DEVELOPML F MIT NO. 6-96-43
Page 4 of 7
SPECIAL CONDITIONS, continued:
f. Submittal of a Letter of Agreement, signed by the applicant, to
dedicate land for a Lagoon Information Center in 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.
g. Subraittal 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.
2. Revised Tentative Man. 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 conformanee 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 T06 (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
Batiquitos 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. 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. Planning Area #28. Reconstruction of the access trail 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.
n
COASTAL DEVELOPMENT «T NO. 6-96-41
Page 5 of 7
SPECIAL CONDITION, continued:
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 the developer prior to
occupancy of the residential units within PA 28.
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 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 signage improvements.
d. Signage 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 Signaoe 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 shall be
Installed at the No. 1 parking lot and the No. 3 parking lot (Golf Clubhouse)
visible from Batiquitos Drive, and at the trailheads 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.
i
5. Grading/Erosion Cpntrol. Prior to the issuance of the coastal development
permit, the applicant shall submit to the Executive Dirsctor 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.
COASTAL DEVELOPME'" P. IT NO. 6-96-43
Page 6 of 7
SPECIAL CONDITIONS, continued:
b. All permanent runoff and erosion control devices shall be
developed 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 Plan. 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
plan 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
Batiquitos Lagoon. No trees shall be required on the development pads.
The required trees shall be planted prior to occupancy of the homers and be
maintained in good growing condition for the life of the residence. This
tree requirement shall supplement the firs 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 Ka) above and shall
incorporate the requirements of condition #l(a) above to assure that
specimen size trees in substantial conformanca with those plans
/6
GOASTAL DEVELOPMENT SUIT NO. 6-96-4JPage 7 of 7
SPECIAL CONDITIONS, continued:
approved with 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 successors
in 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)
Nove"~-r3, 1997
BHQpKFIELD
HOMES
SAN DIEGO/RIVERSIDE
ORANGE COUNTY/LOS ANGELES
SAN FRANCISCO/BAY AREA
Corporate Office
12865 Paince Del Mar
Suite 200
Del Mar CA 92014
Phone 619.481.8500
Pax 619.481 9375
'•JQ V 1 2 1Q97Ms. Sherilyn Sarb
California Coastal Commission _ CALIFORNIA
3111 Camino Del Rio North, Suite 200 SAN riS^ 52MMIS5ION
SanDiego,Califomia92108-1725 G° C°AST DISTR|CT
Re: BELLA LAGO
Dear Ms. Sarb;
In response to the questions raised by the Cantata owner in the "appeal", we have reviewed
each concern and have tabulated below a brief statement of how each concern has been
satisfied. Additionally, we have attached a copy of Coastal Permit No. 6-96-43 and copies of
documents evidencing satisfaction of each concern issue.
Concerns:
1. Public use of parking lots and trails are to be preserved by deed restriction. Deed restrictions
were recorded over the open space lots in which the facilities are located. In addition, the
Aviara Master Association C.C.& Rs. contain language incorporating the Coastal requirements
into the C.C.& Rs.
2. Do pages 1 of 3 and 2 of 3 of CDP No. 6-96-38 exist? Yes.
3. Has the Executive Director approved the " Trail Acknowledgment?" Yes as evidenced by
Bill Ponder letter dated 9/24/96
4. Has the Executive Director approved the "Revised Landscape/Fire Suppression Plan"? Yes,
as evidenced by Bill Ponder letter of 9/24/96.
5. Has the Executive Director received evidence in a form and content restricting for public use
parking lot 1? Yes, as evidenced by Bill Ponder Letter of 9/24/96.
6. Has the trail through open space lots 64 and 106 been constructed? No. The milestone for
completion is occupancy of the first home in PA. 28 as stated in CDP 6-96-43.
7. Has the Developer submitted a letter of agreement to dedicate land for an information center?
Yes. A copy is attached.
8. Has the Developer submitted a letter of agreement to fund construction of a single all
weather bus parking space at the information center? Yes. A copy is attached.
9. Has a revised tentative map been approved? Yes, as evidenced by Bill Ponder's Letter of
9/24/96.
10. Have provisions for a public trail access parking lot # I been completed? Yes, as evidenced
by Bill Ponder Letter of 9/24/96.
EXHIBIT NO. 2
APPLICATION NO.
A-6-CEB-97-123
Response From
Applicant
^California Coastal Commission
11. Has the Executive Director approved the design for access trail at parking lot number 2?
Yes, as evidenced by Bill Ponder Letter of 9/24/96.
12. What is the status of the trail between P.A 28 and P.A. 30? The design is complete and it
will be constructed prior to occupancy of the first home as provided in CDP 6-96-43.
13. What is the status of signage? Signage is complete, as evidenced by the attached photo of
each sign.
14. What is the issue of grading and erosion? There is no issue. The site is graded , a storm
drain system installed, and sand bags are in place. All in accordance with City, Coastal and
State requirements.
15. Same as question number 4 above.
16. Has a deed restriction been recorded against individual lots? Yes, as evidenced by Bill
Ponder Letter of 9/24/96 and the attached copy of the recorded document
As you can see, each concern raised has been covered by CPD 6-96-43. AH conditions of CPD
6-96-43 have been complied with, except for the construction of the access trail to parking lot
No. 1 and the 25 parking spaces in parking lot number 1. These, of course, are not required to
be completed until the occupancy of the first home.
We appreciate this opportunity to review each of these concerns with you.
Sincerely,
E. Dale GJ
Vice President Engineering
cc: Steve Doyle
Chris Neils
2.*? 7
NO-917 P.2x6
AVIARA
September 13, 1996
Mr. John W. Anderson
Senior Wildlife Biologist
California Department of Fish and Game
Wildlife Management Division/Region. 5
330 Golden Shore, Suite 50
Long Beach, CA 90802 • . •
RE; 'Aviara/Coastal Development Permit No. 6-96-43
Dear Mr. Anderson: • • . . . .
• . Tnis letter is written in compliance with Special Conditions l(f) and l(g)- of
Coastal Development Permit No. 6-96-43, approved by the California Coastal
Commission'on July 12, 1996 (the Termit"), relating to the Aviara master planned
community located in Carlsbad,' California,. Those Special Conditions require Aviara ' .
Land Associates Limited partnership, the applicant under .the Permit (the "Applicant"),
'to sign and submit to the Department of Fish and Game, a letter or letters of agreement
as described below: • • • .
(a) Submittal of a Letter of Agreement, signed by the Applicant, to dedicate land
for a Lagoon Ihf ormation Center in the area immediately westerly of the •
North Batiquitofr Sewer Pump Station in Aviara Planning Area 30, if . ,
requested in the future'by the Department of Fish and Game (Special
Condition. I(f)); and • ' ' ' • : .
-(b) Submittal of a Letter of Agreement, signed.by the Applicant, to' fund
construction of a single ail-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 (Special Condition l(g)). -
Such condition further states, that the developer shall be responsible only for,
the construction,-and shall not be responsible for site acquisition, permits,
. mitigation, or other requirements, of the installation of the space;
2011 P.UOVAR Awmi RUAIJ. Stun 206 GAKUJMO. CM:IINM.\ 9J009 (619) 91MIJHJ. FAX: (b\')\ 93I-79SO
7
NOV. 12.1997 9:16AM
NO.917 P.3/6
Mr. John W. Anderson
September 13, 1996
Page 2
Pursuant to the foregoing, the Applicant hereby agrees as follows:
1. If requested in writing by the California Department of Fish and Game (the
"Department"), the Applicant shall dedicate to the Department (or to such
other governmental 'agency or entity as the Department directs) that certain
real property identified in the attached Exhibit "A* (the "Information Center
Property") for purposes of constructing and operating a Lagoon Information
Center. Applicant -<h?n make any such dedication by executing and
delivering to" the Department or other grantee a grant deed conveying
Applicant's entire interest in and fee title to the Information Center Property,
and Applicant shall, thereafter have no further interest therein and no liability
for the construction or operation of any improvements thereon.
2. If requested in writing by the Department, the Applicant shall provide to the
- Department (or to such other governmental agency or entity as the' •
Department directs) adequate funds for the initial construction of a single all-
weather (decomposed granite) bus parking space, to serve the above-
•referenced Lagoon Information. Center. Applicant shall be responsible for
funding only the faffiai construction of said parking space, and shall not be
responsible for funding subsequent repairs, maintenance or. alterations
thereto. Applicant shaJl not be responsible for site acquisition, permits,
mitigation or any other requirements, costs or expenses related to the .
. installation or maintenance of said parking space.
3. The Applicant shall have the right to assign its duties and obligations
hereunder to any subsequent owner or transferee of the property or >.. ^
properties affected by the foregoing covenants. Upon the Applicant*s
assignment of such rights and its delivery to the Department of a written
assumption of the same by the assignee, the Applicant shall be relieved of all
. " farther responsibility for the duties and obligations described in this letter. ' •
4. The Department may exercise its rights under this letter at any time within
five (5) years following the Applicant's execution of this letter, after which
. the obligations of the Applicant hereunder shall automatically terminate and
be of no further force or effect.
5. All notices delivered pursuant to this letter shall be sent by United States
registered or certified mail, postage prepaid, return receipt requested, or
delivered personally,' and addressed (i) to the Applicant at the address set
//7
NO.917 P.4/6
Mr. John W. Anderson
September 13, 1996
Page3
forth below its signature on this letter, or (ii) to the Department at the
address set forth at the beginning of this letter, and any such notice shall be
deemed given three days following the date it is mailed, or upon the date
personal delivery is actually made.
D. * Clemens
Vice President/General Manager
Aviara Laud Associates limited Partnershio
Address:c/o Properties West; Inc.
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
DLC/er /v*.
or
NOV.12.1997 9:i7RM NO.917 P.5/6
EXHIBIT A
POSSIBLE FUTURE
INFORMATION CENTER
LOCATION
T1QUITOS
WETLANDS BOUNDARY
BAT1QUITOS LAGOON
\fx ^o:
EXISTING PARKING LOT
PROPOSED TRAILS
(6 FT. WIDE)/ ...PHASE II
PUBLIC PARKING LOT
HANDICAPPED ACCESS STUDY
\\
STATE OF CALIFORNIA—THE RESOURCES A^~~'CY PETE WILSON. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
"\ CAMINO DEL RIO NORTH. SUITE 200
/DIEGO. CA 92(08-1725
(«T9) 52 \ -8034
GV IE 1997
Aviara Land Associates coAsuTcXss.ON2011 Palomar Airport Road SAN DIEGO COAST oismrrCarlsbad, California 92009 *•'
NOTICE OF ACCEPTANCE
Date: Sent amber 24. 1996
Applicant: Aviara Land Associates
Document or
Plans: Public Access Easements. Revised Tentative Mao. Public Access
Improvement Plans. Public Access Sionage Plans. Grading/Erosion Control Plans.
Revised Landscape/Fire Suppression Plans
Submitted in compliance with Special Condition(s) No(s). L=JL_
of Coastal Development Permit No. 6-96-43
Material submitted in compliance with said Special Condition(s) of your
development permit has been reviewed by the District Director and found to
fulfill the requirements of said condition(s). Your submitted material and a
copy of this letter have been made a part of the permanent file.
Sincerely,
Charles Damn
District Director
By:.
(531ON)
EXHIBIT NO. 3
APPLICATION NO.
A-6-CEB-97-123
Notice of Acceptance
From Staff
^California Coastal Commission
Noverr*~-12,1997
B ROOKFJ ELD
H a M E a
SAN DIEGO/RIVERSIDE
ORANGE COUNTY /LOS ANGELES
SAN FRANCISCO/BAY AREA
Corporate Office
12865 Poince Dei Mar
Suica 20O
Del Mar CA 92014
Phone 619-481 8500
Fax 619.481 9375
Ms. Sherilyn Sarb
California Coastal Commission
3111 Caiman Dell Rio North, Suite 200
San Diego, California 92108-1725
Re: BELLA LAGO
Dear Ms. Sarb:
l;v 1 A 189?
CALIFORNIA
COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
Thank you for meeting with us today to review compliance with CDP No 6-96-43
As you can see from the information provided, a substantial amount of work has been
done to satisfy the conditions. The only remaining items are the construction of the
trails, parking lot and screen trees. Completion of these remaining items is tied to
occupancy of the first home.
Also attached to this letter is the additional information you requested. Specifically
we have enclosed copies of the following documents:
1. Aviara Master Plan, last revision dated April 11,1996
2. Third Amended and Restated Master Declaration of Covenants, Conditions
and Restrictions for Aviara, Recorded September 16,1991
3. Achitectural Floor Plans and Elevation as submitted and approved by the
City of Carlsbad.
4. Set of Preliminary Plot Plans for P.A. 28 as submitted and approved by the
City of Carlsbad.
Additionally, we wish to clarify the responsibility to complete the remaining work
Brookfield Homes purchased the building and private street lots from Aviara Aviara
retained ownership of the open space lots in which the trails and parking lots are
located Under the sales contract, Aviara is obligated to complete all the facilities
within these lots, as well as comply with any conditions of the permit which apply to
the open space lots or other areas outside of the purchased lots. Brookfield Homes
will be responsible for planting the screening trees within the private lots and
completing the private street improvements that serve parking lot number 1 We have
worked very closely with Aviara to ensure that the permit conditions have been met
within the time frames started.
Ultimately, the open space tots will be deeded to the Aviara Master Association The
Master Association documents acknowledge the Coastal Commission restrictions and
stipulate that the Association maintain these public facilities. The Documents are
recorded over each lot and are covenants running with the land.
EXHIBIT NO. 4
APPLICATION NO.
A-6-CEB-97-123
Response From
Applicant
flCcalifomia Coastal Commission
I trust this additional information will aid your understanding of the permit status and
division of responsibilities.
Sincerely,
E. Dale Gleed
Vice President Engineering
cc: Steve Doyle
Larry Clement
Chris Neil's
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE
POLICY AND PROCESSING •
ENVIRONMENTAL MITIGATION
November 11,1997 ^,
NGV 1 2
CALIFORNIAD.L. Clemens . COASTAL COMMISSION
AVIARA LAND ASSOCIATES . SAN D.EGO COAST DISTRICT
2011 Palomar Airport Rd.
Suite 206
Carlsbad, CA 92009
RE: CDP No. 6-96-43
Aviara Planning Area 28
Dear Larry:
You requested that I summarize for you the present status of satisfaction of
the Special Conditions of Approval for the above-referenced coastal permit
for Planning Area 28. All but two of the Special Conditions have been met
and fully completed, as evidenced by the Notice of Acceptance dated
September 24,1996, signed by Bill Ponder. This Notice advises that the
materials and documents provided by Aviara were "found to fulfill the
requirements of said conditions".
Satisfaction of Special Condition nos. 3a and 3b, and Condition no. 6 are not
required until occupancy of the Planning Area 28 homes is imminent. As a
result, those conditions have not yet been fully met, but are scheduled for
fulfillment within the next couple of months.
Documents and plans necessary to satisfy the Special Conditions were
submitted to Bill Ponder on September 19,1996. The submittal package
included the following list of materials. The Notice of Acceptance was
provided oh September 24,1996. The specific status of the referenced
materials is as follows:
Public Access Deed Restriction (Aviara Land Associates) - A public
access deed restriction over the PA 28 public parking lot (Condition la),
and the PA 28/PA 30 public trail (Condition Ib) was approved, recorded
and accepted by Bill Ponder and John Bowers in September, 1996-
Public Access Deed Restriction (Aviara Resort Associates) - A public
access deed restriction over a trail segment at the Golf Clubhouse,
through the lagoon buffer (Condition Id, a blanket restriction over the
2111 PALOMAR AIRPORT ROAD - SUITE 100 • CARLSSAD. CA 92009 • (760)931-0780 • FAX (760) 931-5744
\
EXHIBIT NO. 5
APPLICATION NO.
A-6-CEB-97-123
Status of Public Access
Improvements
•^California Coastal Commission
D. L. Clemens
November 11, 1997
Page!
Golf Clubhouse parking lot, including the required ten parking spaces
(Condition Id), and a restriction over the Clubhouse sidewalk area
between the parking lot and the lagoon buffer (Condition le) was
approved, recorded and accepted by Bill Ponder and John Bowers in
September, 1996.
DF&G Letter Agreement - A letter agreement, signed by D. L. Clemens,
agreeing to the reservation of land for a Lagoon Information Center
(Condition If), and agreeing to fund construction of a bus parking space
if required by DF&G (Condition Ig), was accepted by John Anderson
(DF&G), and submitted to and approved by Bill Ponder in September,
1996. The Lagoon Information Center has since been constructed and is
operational on this site.
Revised Tentative Map - A revised tentative map, found in substantial
conformance by the City of Carlsbad, was submitted and approved by
Bill Ponder in September, 1996. This revised map included the
following modifications;
• Addition of a 10-foot wide trail access easement (Condition
2a),
• Addition of the PA 28 public parking lot (Condition 2b),
• Deletion of the outdoor classroom (Condition 2c), and
• Notes describing the requirement of trail and parking lot
improvements prior to occupancy of the future PA 28 units
(Condition Id).
Public Access Improvement Plans - A set of Public Access
Improvement Plans was submitted and approved by Bill Ponder in
September, 1996. These plans'included;
• Plans demonstrating revised design to the Phase H access trail'
. in compliance with ADA standards. This plan sheet was
- approved by Bill Ponder but its construction has not yet been
found feasible by DF&G. Aviara Land Associates has
indicated they will agree to install this improvement upon
feasibility clearance by DF&G, as required by this condition.
PLANNING
SYSTEMS
D. L. Clemens
November 11, 1997
PageS
The PA 28 (on-site) parking lot is not required to be
constructed until occupancy of PA 28 units is requested.
(Condition 3a).
• A 5-foot wide improved trail between PA 28 and PA 30
(Condition 3b). This trail was rough-installed in October,
1996, and will be completed prior to occupancy of the PA 28
units as required by the condition.
• A 5-foot wide improved trail between the Golf Clubhouse
parking lot and the North Shore Trail (Condition 3c). This
trail was installed in October, 1996, and is presently
operational.
• Public access signage at the Golf Clubhouse parking lot
(Condition 3d). This signage was installed in December, 1996.
• Coastal Public Access Signage Plans including signage at all
trailheads, directional off-site signage, and public parking lot
signage, including hours of operation (Condition 4).
Grading and Erosion Control Plans - Grading and Erosion Control
Plans, which include notes as generally described below were reviewed
and approved by Bill Ponder in September, 1996:
• All grading activity is prohibited between October 1 and April
1 of any year (Condition 5a),
• Erosion control devices must be installed by October 1
(Condition 5b),
• All graded areas must be stabilized by October 1 (Condition
5c), and
• Temporary erosion control devices must be maintained, and
replaced if necessary, by the applicant (Condition 5d).
Revised Landscape/Fire Suppression Plans - A set of revised
Landscape/Fire Suppression Plans, prepared in consultation with the
City of Carlsbad Planning and Fire Departments, were reviewed and
3 or
D. L. Clemens
November 11,1997
Page 4
approved by Bill Ponder in September, 1996. These plans indicate the
placement of specimen-size trees on the rear slopes of lots described in
Condition No. 6. These trees must be planted prior to occupancy of the
PA 28 homes (Condition 6}.
Tree Maintenance Deed Restriction - A deed restriction was approved
and recorded against the property which requires owners of lots
identified in Condition No. 6 to maintain the speciment size trees in
conformance with the revised Landscape and Fire Suppression Plans
throughout the life of the permitted development (Condition 6a). This
deed restriction was approved, recorded and accepted by Bill Ponder
and John Bowers in September, 1996.
All of the above information is on file in the Coastal Commission Staff
offices, and has been approved as acknowledged by the attached Notice of
Acceptance. Confirming copies of all recorded documents have been
provided to Mr. Ponder. I would be pleased to discuss the specifics of these
items with you or others should it be necessary.
Please call me with any questions.
Sincerely,
Paul J. Klukas
Director of Planning
cc Pam Whitcomb
Carol Ford
ClmiuDocPA28
O
PLANNING
SYSTEMS