HomeMy WebLinkAboutCDP 97-25; Carlsbad Municipal Golf Course; Coastal Development Permit (CDP) (10)4
STATE OF CALIFORNIA - THE RESOURCkS AGENCY GRAY DAVIS, Governor
CALI FORNlA COASTAL COMMISSION
San Diego, CA 92708-4421
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page: 1 of 17
San Diego Coast Area Office 7575 Metropolitan Drive, Suite 103
(619) 767-2370
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
THIS IS NOT A COASTAL DEVELOPMENT PERMIT
THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE
STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL
DEVELOPMENT PERMIT (“CDP”). A Coastal Development Permit for the development
described below has been approved but is not yet effective. Development on the site
cannot commence until the CDP is effective. In order for the CDP to be effective,
Commission staff must issue the CDP to the applicant, and the applicant must sign and
return the CDP. Commission staff cannot issue the CDP until the applicant has
fulfilled each of the “prior to issuance” Special Conditions. A list of all of the Special
Conditions for this permit is attached.
The Commission’s approval of the CDP is valid for two years from the date of approval.
To prevent expiration of the CDP, you must fulfill the “prior to issuance” Special
Conditions, obtain and sign the CDP, and commence development within two years of the
approval date specified below. You may apply for an extension of the permit pursuant to
the Commission’s regulations at Cal. Code Regs. title 14, section 131 69.
On August 8,2003, the California Coastal Commission approved Coastal
Development Permit No, A-6-Cll-00-087, requested by City of Carlsbad, Attn:
Michael Holzmiller subject to the attached conditions, for development consisting
of: Development of an 18 hole championship golf course, clubhouse, parking lot,
maintenance facilities, driving range, conference center and pads for future
industrial/golf related uses on 397 acre site.. More specifically described in the
application file in the Commission offices. Commission staff will not issue the CDP
until the “prior to issuance” special conditions have been satisfied.
The development is within the coastal zone in North of Palomar Airport Road and
east and west of College Boulevard, Mello II, Carlsbad, (San Diego County) 155-
104-04.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No,: A-6-Cll-00-087
Page 2 of 17
If you have any questions regarding how to fulfill the "prior to issuance" Special
Conditions for CDP No. A-6-Cll-00-087, please contact the Coastal Program
Analyst identified below.
Sincerely,
PETER M. DOUGLAS
Executive Director
By: Keri Akers
Coastal Program Analyst
Date: August 28,2003
The undersigned permittee acknowledges receipt of this Notice and fully
understands its contents, including all conditions imposed.
Date Permittee
Please sign and return one copy of this form to the Commission office at the
above address.
1. Notice of ReceiDt and Acknowledament. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
off ice I
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application,
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. InterDretation. Any questions of intent or interpretation of any condition will
be resolved by the Executive Director or the Commission,
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 3 of 17
4. Assianment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1 a Final Development Plans. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for
review and written approval, detailed final plans for the proposed development
that include site, building, grading and drainage plans. Said plans shall be in
substantial conformance with the plan entitled Wly of Carlsbad Golf Course
Revisions” submitted with LCPA 1-038 (Habitat Management Plan) on February 7,
2003 and shall comply with the following:
a, There shall be no impacts to southern maritime chaparral habitat within
the Coastal Zone portion of the project, Impacts to coastal sage scrub
shall be consistent with the approved development plan and shall be
mitigated as addressed in Condition # 2 below. Any temporary impacts to
wetland and/or riparian areas for the purpose of constructing golf cart
path crossings shall be restored as addressed in Condition # 3 below,
b. The conservation and development areas for the golf course property shall
be consistent with the golf course hardline map (Figure 8 Revised) in the
City of Carlsbad Habitat Management Plan (HMP). Areas shown for
conservation shall not be Impacted or disturbed except for revegetation,
restoration and other similar activities related to mitigation. Areas shown
for impact may be fully developed with appropriate mitigation.
The permittee shall undertake the development in accordance with the
approved plans. Any proposed changes to the approved plans shall be reported
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 4 of 17
to the Executive Director. No changes to the plans shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
2. Mitiaation for Wand Habitat ImDacts, PRIOR TO ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive
Director for review and written approval, a final detailed coastal sage scrub
mitigation plan. Said plan shall be developed in consultation with the US, Fish and
Wildlife Service and the California Department of Fish and Game, and shall
include the following:
a.
b.
C,
d,
e.
f.
h.
Preparation of a detailed site plan delineating all areas and types of
impact to upland habitat species (both permanent and temporary) and
the exact acreage of each impact. In addition, a detailed site plan of the
mitigation sites shall also be included,
Impacts to coastal sage scrub shall be mitigated at not less than a ratio of
2:l I
Mitigation methods shall be consistent with those approved in Section 7-9
of the second addendum to the Carlsbad HMP and Policy 7-1 I 10 of the
Mello II Land Use Plan of the Carlsbad LCP, as provided in Exhibit 10.
A minimum buffer of 20 feet shall be provided between development as
defined in Section 301 06 of the Coastal Act, and native upland habitat,
except as otherwise provided in Section 7-1 1 of the second addendum the
Carlsbad HMP and Policy 3-1.12 of the Mello II Land Use Plan of the
Carlsbad LCP, as provided in Exhibit 10.
Location where the seeds will be collected and identification of plant
species to be used for the restoration area;
Application rate (e.g. pounds per acre of seeding effort);
Methods of weed eradication. No weed whips shall be permitted after
installation of the seed mixes;
Designation of a qualified botanist to supervise the restoration effort;
.. NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 5 of 17
i. Goals, objectives and success criteria. The plan shall include quantitative
success criteria that clearly relate to the goals and objectives of the
habitat restoration program. These quantitative success criteria shall be
based on sampling reference sites or on pertinent published reports. The
success critieria shall include minimum requirements for species diversity
and cover of shrubs, subshrubs, and herbaceous species. At minimum, five
years after the initial planting, the restored areas shall support at least 10
native species appropriate to characterize the vegetation type and have
evidence of recruitment of at least one-half of these species. Weeds shall
be controlled as specified in (9) above and never constitute more than 10
percent of the total cover.
j. At completion of the mitigation/restoration effort, the restoration specialist
shall prepare a letter report indicating that the installation is finished and
that the five-year monitoring period has begun. Monitoring reports shall be
submitted to the City and the Executive Director annually for five years. If
at the end of five years, any of the restored areas fail to meet the success
criteria as contained in the final mitigation plan, the monitoring and
maintenance period will be extended one full year for that area. Final
monitoring for success shall occur after at least a three-year period during
which there has been no remediation or maintenance, other than
weeding. If the success critieria are not met after 6 years, an amendment
to the permit shall be required,
The permiltee shall undertake development in accordance with the approved
mitigation/restoration plan, Any proposed changes to the approved plans shall
be reported to the Executive Director. No changes to the plans shall occur
without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required.
3, Restoration for Construction ImDacts. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, if any temporary wetland and/or riparian impacts are
proposed, the applicant shall submlt a detailed revegetation pian indicating the
type, size, extent and location of all plant materials, any proposed irrigation system
and any other landscape features necessary to revegetate any proposed
temporary wetland and/or riparian impacts. The restoration program shall be
developed in consultation with the US. Department of Fish and Wildlife and the
California Department of Fish and Game, and at a minimum shall include:
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-CII-00-087
Page 6 of 17
Before/Afier Survev. The condition of the wetland and/or riparian
revegetation and substrate under the two approved golf cart crossing
locations shall be documented prior to construction, and the extent of
proposed temporary impacts shall be identified, The extent of impacts to the
vegetation and substrate shall be assessed and documented after
completion of the repairs. Temporary wetland and/or riparian impacts shall
be revegetated at a ratio of 1 :1. There shall be no wetland impacts except
for those temporary impacts associated with construction of the two
approved golf cart crossings. No permanent wetland or riparian impacts shall
be allowed,
a. The following goals, objectives and performance standards for the
restoration sites:
1. Full restoration of all wetland and/or riparian Impacts that are
identified as temporary. Restoration of temporarily impacted
areas shall include, at a minimum, restoration of before-impact
elevations, restoration of before-impact hydrology, removal of all
non-native plant species, and replanting with locally collected
native wetland and/or riparian plant species,
2, After construction and restoration, a permanent minimum buffer of
100 feet shall be provided between development and wetlands,
and a minimum buffer of 50 feet shall be provided between
development and riparian area, except as shown on the "City of
Carlsbad Golf Course Revisions" plan dated February 7, 2003. For
the two approved golf cart path crossings and the golf course
playing areas adjacent to the riparian area as shown on the plan,
an average minimum post-construction buffer of 50 feet shall be
provided between new development and wetlands, and an
average minimum post-construction buffer of 25 feet shall be
provided between new development and riparian areas,
consistent with Policy 3-1.12 of the Mello II Land Use Plan and
Section 7-1 1 of the Carlsbad HMP, as provided in Exhibit 10, unless
otherwise approved by the Executive Director in a manner
consistent with the final, approved development plans and
mitigation/restoration plans, The buffer between development
and riparian/wetland habitat for these referenced areas shall not
be less than 10 feet in width at any one point.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 7 of 17
3, As shown on the plan entitled "City of Carlsbad Golf Course
Revisions" submitted with LCPA 1-038 (Carlsbad HMP) on February
7, 2003, and consistent with the golf course hardline map (Figure 8
Revised) in the Carlsbad HMP, golf cart path crossing # 1 shall utilize
the existing farm road, and crossing # 2 shall utilize a bridge span
structure. No permanent riparian impacts shall occur for either
crossing I
4. Success criteria and final performance monitoring shall provide at
least a 90% coverage of areas disturbed by construction activities
within 1 year of completion of construction activities,
5. The final design and construction methods that will be used to
ensure the restoration sites achieve the defined goals, objectives
and performance standards.
6, Submittal, within 30 days of completion of initial restoration work, of
post-restoration plans demonstrating that the restoratlon sites have
been established in accordance with the approved design and
construction methods.
Construction impacts to sensitive habitat areas (e,g., coastal sage and other
native upland habitat, wetlands, and riparian areas) shall be avoided by
identifying and staking all sensitive habitats outside the project footprint, and
educating the construction crews about the importance of these habitats and
need for protection,
The permittee shall undertake development in accordance with the approved
restoration plan, Any proposed changes to the approved plans shall be reported
to the Executive Director. No changes to the plans shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
4. Final LandscaDe Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit to the Executive Director for review and written
approval, a detailed final landscape plan for the proposed development. Said
plan shall show the type, size, extent and location of all proposed vegetation and
any necessary irrigation, and shall provide the following information and/or
commit to the following requirements:
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit A p p I ica ti on No. : A-6-CI 1-00-087
Page 8 of 17
a. The installation of plant materials on the site, except for golf course turf
within the playing and practice areas, shall consist only of drought-tolerant
native or non-invasive plant materials. Within buffers adjacent to native
habitat, only native plant materials shall be installed. To the extent feasible,
native grasses shall be utlilized in "rough" areas,
b. Required habitat buffers, as provided in Special Condition #2, shall be
identified. The applicant shall provide a list of proposed plants to be used in
the buffer areas, and shall indicate the type and location of any proposed
barriers, signage or other methods that will be utilized to separate golf
course activities from protected native habitat, wetlands and/or riparian
area,
c. A planting schedule that indicates the planting plan will be implemented
within 60 days of completion of construction.
d. A written commitment by the applicant that all required plantings will be
maintained in good growing condition, and whenever necessary, will be
replaced with new plant materials to ensure continued compliance,
e. A written commitment by the applicant that five years from the date of
opening of the golf course, the applicant will submit for the review and
written approval of the Executive Director, a landscape monitoring report,
prepared by a licensed Landscape Architect or qualified Resource
Specialist, that certifies the on-site landscaping is in conformance with the
landscape plan approved pursuant to this Special Condition. The
monitoring report shall include photographic documentation of plant
species and plant coverage.
If the landscape monitoring report indicates the landscaping is not in
conformance with or has failed to meet the performance standards
specified in the landscaping plan approved pursuant to this permit, the
applicant, or successors in interest, shall submit a revised or supplemental
landscape plan for the review and approval of the Executive Director, The
revised landscaping plan must be prepared by a licensed Landscape
Architect or a qualified Resource Specialist and shall specify measures to
remediate those portions of the original plan that have failed or are not in
conformance with the original approved plan.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 9 of 17
The permiltee shall undertake development in accordance with the approved
landscaping plans. Any proposed changes to the approved landscaping plans
shall be reported to the Executive Director. No changes to the plans shall occur
without a Coastal Commission approved amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required,
5. Erosion Control Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit to the Executive Director for review and written
approval, an erosion and sediment control plan for the proposed development,
prepared by a qualified resource specialist. The plan shall be in substantial
conformance with the following requirements:
a.
b.
C.
The plan shall delineate the areas to be disturbed by grading or
construction activities and shall include any temporary access roads,
staging areas and stockpile areas, The natural areas on the site shall be
clearly delineated on the project site with fencing or survey flags, No
grading or staging of equipment or supplies shall occur in the protected
areas.
The plan shall specify that if grading occurs during the rainy season
(October 1 -March 31), the applicant undertake the following protective
measures to assure offsite sedimentation is minimized to the maximum
extent feasible: install or construct temporary sediment basins (including
debris basins, desilting basins or silt traps), temporary drains and swales, sand
bag barriers and/or silt fencing; stabilize any stockpiled fill with geofabric
covers or other appropriate cover; install geotextiles or mats on all cut or fill
slopes; and close and stabilize open trenches as soon as possible.
These erosion and sediment control measures shall be required on the
project site prior to or concurrent with the initial grading operations and
maintained throughout the development process. All sediment should be
retained on-site unless removed to an approved dumping location either
outside the coastal zone or to a site within the coastal zone permitted to
receive fill.
The plan shall also include temporary erosion control measures should
grading or site preparation cease for a period of more than 30 days,
including but not limited to: stabilization of all stockpiled fill, access roads,
disturbed soils and cut and fill slopes with geotextiles and/or mats, sand bag
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No. : A-6-Cll-00-087
Page 10of 17
barriers, and/or silt fenclng: and installation of temporary drains and swales
and sediment basins, These temporary erosion control measures shall be
monitored and maintained until grading or construction operations resume.
The permittee shall undertake development in accordance with the approved
erosion control plans, Any proposed changes to the approved plans shall be
reported to the Executive Director. No changes to the plans shall occur without a
Coastal Commission approved amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally required.
6. Drainaae and Polluted Runoff Control Plan. PRIOR TO ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and
approval of the Executive Director, final drainage and runoff control plans
including supporting calculations, The plan shall be prepared by a licensed
engineer and shall incorporate structural and non-structural Best Management
Practices (BMPs) designed to reduce the pollutant load of runoff to the maximum
extent feasible, and reduce or eliminate any potential increases in the volume or
velocity of runoff leaving the site. In addition to the specifications above, the plan
shall be in substantial conformance with the following requirements:
a. Selected BMPs (or suites of BMPs) shall be designed to treat, infiltrate or filter
stormwater from each runoff event, up to and Including the 85th percentile,
24-hour runoff event for volume-based BMPs, and/or the 85th percentile, 1 -
hour runoff event, with an appropriate safety factor, for flow-based BMPs,
b. BMPs shall be selected to address the pollutants of concern for this
development, including sediments, nutrients, pesticides, fertilizers, metals,
petroleum hydrocarbons, trash and debris, and organic matter.
c. Runoff shall be conveyed off slte In a non-erosive manner. Energy
dissipating measures shall be installed at the terminus of all outflow drains.
d. Drainage from all roofs, parking areas, driveway area, and other Impervious
surfaces on the building pad shall be directed through vegetative or other
media filter devices effective at removing and/or treating contamlnants
such as petroleum hydrocarbons, heavy metals, and other particulates,
e. Opportunities for directing runoff into pervious areas located on-site for
infiltration and/or percolation of rainfall through grassy swales or vegetative
filter strips, shall be maximized.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 11 of 17
f. The plan shall include provisions for maintaining the drainage system,
including structural BMPs, in a functional condition throughout the life of the
approved development. The plan shall include an identification of the
partv or entiMies) resr>onsible for maintaining the various drainaae systems
over its lifetime and shall include written acceptance bv the responsible
entitv(ies). Such maintenance shall include the following: (1) BMPs shall be
inspected, cleaned and repaired when necessary prior to and during each
rainy season, including conducting an annual inspection no later than
September 30th each year and (2) should any of the project's surface or
subsurface dralnage/filtration structures or other BMPs fail or result in
increased erosion, the applicant/landowner or successor-in-interest shall be
responsible for any necessary repairs to the drainage/filtration system or
BMPs and restoration of the eroded area, Should repairs or restoration
become necessary, prior to the commencement of such repair or
restoration work, the applicant shall submit a repair and restoration plan to
the Executive Director to determine if an amendment to this coastal
development permit or a new coastal development permit is legally
required to authorize such work.
g. Parking lots susceptible to stormwater should be swept with a vacuum
regenerative sweeper on a regular basis,
h. The golf course shall be equipped with flow reducers or shutoff valves
triggered by a pressure drop so that broken pipes do not increase flow to
the storm drains;
i, The applicant shall provide, for the review and approval of the Executive
Director, plans for a self-contained cart washing facility that is equipped
with a pre-treatment facility, and, if significant discharge is proposed, is
connected to the sanitary sewer;
j. All storm drain inlet structures must be equipped with trash racks, which
shall be maintained by the applicant and/or authorized agent.
k. Storm drains shall be stenciled with water quality warnings indicating that
the drain flows to the lagoon,
The permittee shall undertake development in accordance with the approved
drainage and runoff control plans, Any proposed changes to the approved
.'
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-bCll-00-087
Page 120f 17
drainage and runoff control plans shall be reported to the Executive Director. No
changes to the approved plans shall occur without an amendment to this coastal
development permit unless the Executive Director determines that no amendment
is legally required.
7, Water Qualitv Monitorina Plan, PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of
the Executive Director, a water quality monitoring plan to address the quality of
runoff prior to leaving the site or entering the onsite riparian area. The plan shall
describe the methodology for monitoring, including specific threshold levels and
sampling protocols, location of monitoring sites, schedule for monitoring, and
reporting of results. The monitoring plan shall also include a contingency plan
describing the actions to be taken if water quality impacts are discovered. In
addition to specifications above, the plan shall be in substantial conformance
with the following requirements:
a,
b.
C.
d.
e.
f.
The plan shall require monitoring of the following pollutants: nitrates, nitrites,
phosphates, dissolved oxygen, pH, total suspended solids USS), acute and
chronic toxicity, and shall indicate the proposed sampling frequencies,
Total suspended solids USS) shall be sampled for at the same frequency as
the nutrients.
The plan shall specify maximum threshold levels for each water quality
parameter,
The plan shall specify sampling protocols to be used for each water quality
parameter, Measurements must be precise enough to evaluate
compliance with applicable water quality threshold levels,
Sampling for baseline data shall be conducted a minimum of three (3) times
and during different level storms to acquire a representative sample of
water quality conditions at the site.
Results of monitoring shall be submitted to the Executive Director annually,
If any water quality threshold levels referred to above in b) are exceeded,
the applicant (or successor interest) shall notify the Executive Director of the
exceedances and potential impacts and within 48 hours of receipt of the
monitoring data. At the same time the applicant shall consult with the
Executive Director regarding the need for additional sampling to evaluate
"
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-CII-00-087
Page 13 of 17
the exceedance or corrective action to minimize water quality impacts,
The applicant shall report to the Executive Director on the possible causes of
the exceedance and proposed corrective actions within 30 days of the
initial receipt of the data.
g. If any water quality impacts persist after three years of detection, not
withstanding any corrective actions taken by the applicant, all use of the
chemicals that exceed water quality threshold levels shall cease.
8, Turf and Pest Manaaement Plan. PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for
review and approval, a detailed turf and pest management plan for the golf
course portion of the development. The plan shall comply with the following
requirements:
a. Turf management practices shall utilize state-of-the-art environmental
methods to minimize fertilizer use, water use and chemical pest control to
the maximum extent feasible, to avoid impacts to native upland habitat,
wetlands, riparian areas, and water quality.
b. The plan shall favor non-chemical strategies over chemical strategies for
managing onsite pests. Chemical strategies shall only be employed after all
other strategies have been used and proven ineffective. This shall be
demonstrated by providing written notice to the Executive Director of the
non-chemical strategies that will be used, the reasons for their
ineffectiveness, and the chemical strategies that are being considered.
The permittee shall undertake development in accordance with the approved turf
and pest management plan plans. Any proposed changes to the approved
plans shall be reported to the Executive Director, No changes to the approved
plans shall occur without an amendment to this coastal development permit
unless the Executive Director determines that no amendment is legally required.
9. Public Golf Course Facilitv, The golf course, clubhouse, parking areas,
driving range, conference center and pads for future industrial/golf related uses
shall be operated as facilities open to the general public. Any proposed change
in the level of public access and/or public use shall require an amendment to this
permit. Signage shall be provided indicating that the onsite facilities as provided
above are open to the public.
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 140f 17
10. ODen Space and Conservation Easement,
A, No development, as defined in Section 301 06 of the Coastal Act, shall
occur in those areas indicated as Preservation Areas in Exhibit 7 (City
Golf Course, Revised Figure 8 of the Carlsbad HMP, CAR LCPA 1-036),
except for temporary impacts associated with construction of the two
approved golf cart path crossings, consistent with Special Condition
# 3, and onsite habitat restoration/revegetation activities as part of an
approved coastal sage scrub mitigation plan, consistent with Special
Condition # 2,
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a document in a form and
content acceptable to the Executive Director, irrevocably offering to
dedicate to a the California Department of Fish and Game and the
US. Fish and Wildlife Services, or their successor agencies, an open
space and conservation easement over all onsite habitat
preservation areas, and all mitigation areas (onsite and/or offsite) that
will be utilized to address onsite impacts to habitat. The recorded
document shall include legal descriptions of both the applicant’s
entire parcel and the easement area(s). The recorded document
shall also reflect that development in the easement area(s) is
restricted as set forth in this permit condition.
C. The offer to dedicate shall be recorded free of prior liens and
encumbrances which the Executive Director determines may affect
the interest being conveyed. The offer shall run with the land in favor
of the People of the State of California, binding all successors and
assignees, and shall be irrevocable for a period of 21 years, such
period running from the date of recording.
1 1. Protection of the Coastal California Gnatcatcher. To prevent
breeding/nesting season impacts to the coastal California gnatcatcher (Polioptila
californica californica), the permittee shall not undertake any clearing or grading
activities on the golf course site between March 1 and August 15, unless approved
in writing by the US. Fish and Wildlife Service and the California Department of Fish
and Game. Herbicide, pesticide and/or fertilizer applications shall occur outside
of a 1 00-foot exclusion zone to avoid drift towards nesting areas, A worker
education program shall be implemented to ensure that all golf course
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 15of 17
construction and maintenance workers know the location of all gnatcatcher nests
and are aware of the above-described protection measures.
During the non-breeding season (August 16 through February 28), if construction
activities will produce noise levels greater than 60 db, gnatcatcher-occupied
habitats within the habitat preserve areas shall be shielded from the sight and
sound of such activities taking place within 50 feet of the occupied habitat, using
the following technique. During construction, the gnatcatcher habitat will be
shielded from sight and sound by 8-foot high, solid 1-inch thick barriers, A
biological monitor must be onsite daily to ensure that the construction activities
are having no negative impact on gnatcatchers,
The permittee shall staff a qualified monitoring biologist on-site during all CSS
clearing and any other project-related work adjacent to CSS to be avoided. The
biologist must be acknowledgeable of gnatcatcher biology and ecology. The
permittee shall ensure that prior to and during the clearing of coastal sage scrub
and/or any other suitable gnatcatcher habitats outside the gnatcatcher breeding
season, the biologist shall locate any individual gnatcatchers on-site and direct
clearing to begin in an area away from birds. In addition, the biologist shall walk
ahead of clearing equipment to flush birds towards areas of habitat that will be
avoided and/or which are located within the permanent preserve areas,
12. ODen %ace Restriction,
A.
B.
No development, as defined in Section 30106 of the Coastal Act, shall
occur in habitat buffer areas as required in Special Conditions # 2 and 4,
and as identified in the final landscape plans, and as described and
depicted in an Exhibit attached to the Notice of Intent to Issue Permit
(NOI) that the Executive Director issues for this permit, except for
1 . approved landscaping activities and plantings and/or restoration
and revegetation of native habitat according to the final coastal
sage scrub mitigation plan; and
PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NO1 FOR THIS
PERMIT, the applicant shall submit for the review and approval of the
Executive Director, and upon such approval, for attachment as an Exhibit to
the NOI, a formal legal description and graphic depiction of the portion of
the subject property affected by this condition, as generally described
above and shown on Exhibit 7 attached to this staff report,
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Permit Application No.: A-6-Cll-00-087
Page 16of 17
C, PRIOR TO ANY CONVEYANCE OF THE PROPERN THAT IS THE SUBJECT OF THIS
COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a
deed restriction, in a form and content acceptable to the Executive Director:
(1) indicating that, pursuant to this permit, the California Coastal Commission
has authorized development on the subject property, subject to terms and
conditions that restrict the use and enjoyment of that property (hereinafter
referred to as the "Standard and Special Conditions); and (2) imposing all
Standard and Special Conditions of this permit as covenants, conditions and
restrictions on the use and enjoyment of the Property, The restriction shall
include a legal description of the applicant's entire parcel or parcels. It shall
also indicate that, in the event of an extinguishment or termination of the deed
restriction for any reason, the Standard and Special Conditions of this permit
shall continue to restrict the use and enjoyment of the subject property so long
as either this permit or the development it authorizes - or any part, modification
or amendment thereof - remains in existence on or with respect to the subject
property,
13. Any future revisions to the golf course layout and/or design which may be
necessary to address golf course operations or any other reason shall require an
amendment to this permit. Any such revisions to the golf course shall occur within
the approved developable area in the least environmentally damaging manner
that is most protective of the sensitive resources within the habitat preserve. No
impacts to resources within the preserve shall be permitted.
14, Technical Advisorv Panel.
An independent technical advisory panel of environmental and agency
representatives shall be provided the opportunity to review and comment on the
management plans and ongoing monitoring reports. This will allow for meaningful
input by all parties interested in the water quality in the Agua Hedionda Lagoon,
and will assist the Coastal Commission staff and the City in effectively assuring the
environmental quality of the golf course. All review and comments will be
requested to be submitted within 45 days of receipt of draft plans, The Executive
Director of the California Coastal Commission shall have final authority over the
determination of condition compliance, unless it is determined that the item should
be referred to the Commission.
c
NOTICE OF INTENT TO ISSUE PERMIT
(Upon satisfaction of special conditions)
Date: August 28,2003
Perm it Application No. : A-6-CI 1-00-087
Page 17 of 17
NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE
RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL
FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS,
PLEASE CALL KERl AKERS AT (619) 767-2370 THE DISTRICT OFFICE.
A-6-CI I-00-087RptN 01