HomeMy WebLinkAboutCT 93-09; Ocean Bluff; Tentative Map (CT) (24)"StATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor
CALIFORNIA COASTAL
SAN DIEGO COAST AREA
311' MINO DEI RIO NORTH. SUITE
SAI GO, CA 92108-1725
(619) 521-8036
COMMISSION
200
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
May 14, 1996 /l31^
July 2, 1996 V£pfy
November 10, 1996 ^B^
BP-SD
June 20, 1996
July 9-12, 1996
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-96-57
Applicant: Ocean Bluff Associates Agent: Jack Henthorn
Description:
Site:
Subdivision of 31.1 acres into 92 single family lots having a
minimum lot area of 7500 square feet, one open space lot (3
acres), and one multiple family lot (34,410 sq.ft.) to
accommodate 16 affordable units. Off-site improvements include
the construction of Street "A" from the project's southwestern
boundary to future Poinsettia Lane, Poinsettia Lane between its
current easterly terminus and Street "A", and Black Rail Court
from its northerly terminus to the northeast corner of the
project.
Zoning
Plan Designation
Project Density
E-A Exclusive Agriculture
RLM (0-4 du/ac)
3.6 du/ac
Northwest Corner of future Poinsettia Lane and Blackrail Court
Carlsbad, San Diego County, APN 215-070-16
Substantive File Documents Certified City of Carlsbad Me Ho II Segment LCP;
COP #s 6-95-125/Pac Nest; 6-94-131Joyohara;
6-94-52, Bramalea; Letter from the U.S. Fish and
Wildlife Service - 2/8/96
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the proposed project as impacts to
coastal sage scrub habitat (4 acres off-site) for construction of Poinsettia
Lane, an off-site Circulation Element Road, will be mitigated. Special
conditions address preservation of sensitive resources as open space;
grading/erosion control and drainage/runoff control plans; construction timing
and staging areas; mitigation for conversion of former agricultural lands to
urban uses; a brush management program requiring no clearcutting of sensitive
vegetation in open space areas; and, future development. It is believed the
conditions are acceptable to the applicant.
*•• CDP 6-93*57
Page 2
PRELIMINARY STAFF RECOMMENDATION:
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development,
subject to the conditions below, on the grounds that the development,
asconditioned, will be in conformity with the adopted Local Coastal Program,
and will not have any significant adverse impacts on the environment within
the meaning of the California Environmental Quality Act.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Open Space Deed Restriction. Prior to the issuance of the coastal
development permit, the applicant shall record a restriction against the
subject property, 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 portion of the real property. The restriction
shall prohibit any alteration of landforms, clear-cut removal of vegetation or
the erection of structures of any type, in the area shown on the attached
Exhibit "3", and generally described as follows: the dual criteria slopes and
coastal sage scrub area as shown on the Slope Analysis dated 3/27/95. The
recording document shall include legal descriptions of both the applicant's
entire parcel(s) and the restricted area, and shall be in a form and content
acceptable to the Executive Director. Evidence of recordation of such
restriction shall be subjject to the review and written approval of the
Executive Director.
2. Grading and Erosion Control. Prior to the issuance of the coastal
development permit, the applicant shall submit to the Executive Director for
review and written approval, in consultation with the Department of Fish and
Game, final grading plans approved by the City of Carlsbad. Grading
activities shall be permitted between October 1st and February 15th .subject to
the following criteria:
a. All temporary and permanent runoff and erosion control devices shall
be developed and installed prior to or concurrent with any on-site grading
activities.
b. All areas disturbed, but not completed, by October 1st, including
graded pads, shall be stabilized in advance of the rainy season. The use
of temporary erosion control measures, such as berms, interceptor ditches,
sandbagging, filtered inlets, debris basins, and silt traps shall be
utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the
supervision of a licensed landscape architect, shall provide adequate
coverage within 90 days, and shall utilize vegetation of species compatible
with surrounding native vegetation, subject to Executive Director approval.
CDP 6-96-5Y
Page 3
3. Drainage/Runoff Control. Prior to the issuance of the coastal
development permit, the applicant shall submit final drainage and runoff
control plans, approved by the City of Carlsbad. Said plans shall be designed
by a licensed engineer qualified in hydrology and hydraulics, and assure no
increase in peak runoff rate from the developed site as a result of a ten-year
frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff
control shall be accomplished by such means as on-site detention/desi Iting
basin(s). Energy dissipating measures at the terminus of outflow drains shall
be constructed. The runoff control plan including supporting calculations
shall be submitted to and determined adequate in writing by the Executive
Director.
4. Construction Timing/Staging Areas/Access Corridors. Prior to the
issuance of the coastal development permit, the applicant shall submit to the
Executive Director for review and written approval, a final construction
schedule, which shall be incorporated into construction bid documents. The
schedule shall also include plans for the location of access corridors to the
construction sites and staging areas. Access corridors and staging areas
shall be located in a manner that has the least impact on coastal resources.
No staging areas or access corridors shall be located within the
environmentally sensitive habitat area on the northwest portion of the site,
and coastal sage scrub areas within 50 feet of the right-of-way of Poinsettia
Lane.
5. Agricultural Conversion. Prior to the issuance of the coastal
Jevelopment permit, the applicant shall submit to the Executive Director for
review and written approval, evidence that payment of an agricultural
mitigation fee for converted agricultural lands to urban uses has been
received by the City of Carlsbad, consistent with the provisions of the
Carlsbad Mello II LCP.
6. Brush Management Program. Prior to the issuance of the coastal
development permit, the applicant shall submit for review and approval of the
Executive Director, a brush management program. The plan shall include a site
plan showing a 60 foot distance, all fuel modification zones delineated,
beyond all planned structures on lots adjacent to areas of native vegetation,
designating those areas subject to selective thinning and pruning. -The plan
shall indicate that clear-cut vegetation removal for brush management purposes
shall not be permitted within required open space areas pursuant to Special
Condition #1 . Any approved clearing shall be conducted entirely by manual
means and shall be the absolute minimum for reduction of fire hazards.
7. Future Development. This permit is for subdivision and construction
of res identia^JuLJI ding pads iacludjng grading, landscaping, construction of
local pyJjJ-tTTTtreets, sidewalks, cu?BYr-giJtters, and storm drains.
Construction of residences on any of the p^soosed lots shall require review
and approval by the Coastal Commission, or ips successor in interest, under a
-p rnf||«ifral development- permit ^nc-a^-aBmnrimpnt- to this permit.
8. Final Plans. Prior to the issuance of the coastal development
.jermit, the applicant shall submit for review and approval of the Executive
COP 6-96-57
Page 4
Director, final grading and improvement plans for proposed off-site
improvements of Poinsettia Lane. The plans shall be submitted in substantial
conformance with the plans dated September 27, 1995.
III. FINDINGS AND DECLARATIONS.
1. Project Description/History. The proposed development consists of 92
single family lots having a minimum lot area of 7500 square feet, one open
space lot (3 acres), and one multiple family lot (34,410 sq.ft.) to
accommodate 16 affordable units to comply with the City of Carlsbad's
inclusionary housing requirements.
The proposed lot to accommodate the affordable project is located in the
southwestern corner of the site in proximity to Poinsettia Lane, designated in
the LCP as a Circulation Element Road.
Since the project does not front on an existing public street, access to the
parcel is proposed by offsite improvements which include Street "A" from the
project's southwestern boundary to future Poinsettia Lane, Poinsettia Lane
between its current easterly terminus and Street "A", and Black Rail Court
from its northerly terminus to the northeast corner of the project. The
project's proposed circulation design will also provide public street access
to all adjoining properties.
The site consists of approximately 31 acres of vacant, previously cultivated
land which is surrounded by rural residential and agricultural properties.
Although the parcel rises in elevation approximately 100 feet from west to
east and contains a north-south trending ridge in the eastern third of the
property, the majority of the parcel is relatively flat with slopes less than
15%. A 3 acre, steep-sided ravine located at the northwestern corner consists
of "dual criteria" slopes (naturally vegetated steep slopes at 25% grade or
greater) which are protected under the certified Mello II LCP. The proposed
grading creates terraced hillside lots which generally follow the existing
topography, i.e., rising in elevation from west to east to the ridgeline.
The provision of the proposed offsite improvements, i.e., Poinsettia Lane and
Street "A" would result in impacts to approximately 4 acres of coastal sage
scrub and one pair of California gnatcatchers, and is located within-Preserve
Planning Area 4 of Carlsbad's draft Habitat Management Plan (HMP) which
contains approximately 84 acres of coastal sage scrub and 38 acres of
chaparral habitat within its core area.
2. Sensitive Habitat Areas. Relevant policies which address protection
of environmentally sensitive habitat areas include Policy 3-1 of the certified
Mello II LCP, "Slopes and Preservation of Vegetation" which states:
Certain areas of the Carlsbad coastal zone have very high habitat value.
These areas are not suitable for farming. These areas exhibit a large
number and diversity of both plant and animal species, several of which
are threatened because of extensive conversion of mixed chaparral and
coastal sage scrub habitats to urban or agricultural uses. Also,
well-established and well-maintained vegetation is a major deterrent to
soil erosion and attendant difficulties.
*"*"' CDP 6-96-
Page 5
Unless specifically addressed in other policies of this Land Use Plan, the
vegetation on steep slopes shall be maintained so that natural habitats
are preserved and soil erosion is minimized.
The policies of the certified Mello II segment of the City's LCP, as amended
in 1985, contain the following language regarding the development of steeply
sloping hillsides with native vegetation:
Grading and Erosion Control
a) For those slopes mapped as possessing endangered plant/animal species
and/or coastal sage scrub and chaparral plant communities, the following
shall apply:
1) Slopes of 25% grade and over shall be preserved in their natural
state, unless the application of this policy would preclude any
reasonable use of the property, in which case an encroachment not to
exceed 10% of the steep slope area over 25% grade may be permitted.
For existing legal parcels, with 25% grade, encroachment shall be
permitted, however, any such encroachment shall be limited so that at
no time is more than 20% of the entire parcel (including areas under
25% slope) permitted to be disturbed from its natural state. This
policy shall not apply to the construction of roads of the City's
Circulation Element or the development of utility systems. Uses of
slopes over 25% may be made in order to provide access to flatter
areas if there is no less environmentally damaging alternative
available.
As previously stated, the subject site is located in the area subject to the
Mello II segment of the City of Carlsbad's LCP. Steep slope areas are
afforded special status due to the presence of naturally occurring
chaparral/coastal sage scrub slopes in the general area. The LCP regulations
pertaining to steep slopes as drafted by the City and certified by the
Commission seek to protect only those slopes which contain both areas of 25%
grade and greater and natural coastal sage scrub/chaparral vegetation.
The intent of the LCP policies is to limit the wholesale removal of-native
vegetation, recontouring of natural landforms and installation of impervious
surfaces within naturally vegetated steep slope areas. A detailed slope
analysis and biological survey conducted for the site indicates that about
3.02 acres of the site are 25% grade or greater. Of these slopes, a total of
about 2.15 acres contain natural vegetation of mixed chaparral plant
communities; the remaining .87 acres is identified as non-native steep slopes
containing weeds. As proposed, project implementation would result in no loss
of the mixed chaparral as it is being preserved as one acre Lot "A" open space
in the City's approval. Special Condition #1 requires a similar open space
requirement for Lot "A". Therefore, the project complies with Mello II
requirements which prohibits encroachment on dual criteria slopes with some
exceptions.
CDP 6-96-57
Page 6
Regarding steep slope encroachment from off-site improvements, almost 4 acres
of encroachment is proposed through a canyon containing coastal sage scrub for
construction of Poinsettia Lane north of its proposed intersection with Alga
Road to the project site (about 2,800 feet). The certified Mello II LCP
requires that impacts to naturally vegetated steep slopes (25% grade or more)
be avoided with some exceptions; however, the LCP allows steep slope
encroachment for LCP-designated Circulation Element Roads. The City's
certified LCP indicates Poinsettia Lane is a circulation element road to
extend between Carlsbad Boulevard (Old Highway 101) and El Camino Real.
Policy 5-5 of the certified Mello II LCP provides that Poinsettia Lane should
be completed as a major arterial as indicated on the Local Coastal Program
map. The proposed Poinsettia Lane alignment appears generally consistent with
the alignment approved in the certified LCP.
Additionally, however, the City has used the Zone 20 Specific Plan as the
standard of review for this project. That plan provides a master plan for the
buildout of the City's Zone 20 planning area, which contains a number of
environmentally sensitive areas. While the Zone 20 Plan has been approved at
the local level, it has not been submitted to the Commission for review and
certification. With regard to Poinsettia Lane, the Commission can accept
impacts to dual criteria slopes for its construction as a circulation element
road, with this permit approval, provided there are no feasible less
environmentally damaging alternatives which could avoid such impacts.
Access alternatives from the Poinsettia Lane/Alga Road intersection to the
project site were analyzed by the City in its review of the Specific Plan.
While the analysis discussed two parallel alignments of Poinsettia Lane near
the project site, neither alignment avoided the canyon where the bulk of the
impacts would occur. The analysis found that any route besides the proposed
route would not align properly with the existing Poinsettia Lane/Alga Road
intersection on the west and the Black" Rail Court/Poinsettia Lane intersection
on the east, and a redesign would not be feasible in keeping design parameters
associated with a major arterial. The Commission has previously approved
these intersections in the Phase II and Phase III approvals of the Aviara
Master Plan (CDP #6-91-46, and CDP #6-94-25).'
In short, the City found that large, circulation element roads such as the
proposed major arterial (Poinsettia Lane) can not be easily realigned because
of radius and spacing requirements, and that the resource impacts to the
coastal sage scrub in the canyon 'could be accepted with mitigation. The
California Department of Fish and Game and the United States Fish and Wildlife
Service have concurred with the City and have found that, as mitigated through
the purchase of approximately 8 acres of mitigation credits in the Carlsbad
Highland Mitigation Bank, the project could be found consistent with the NCCP
program which is administered by the wildlife agencies. The applicant has
submitted evidence that 8.00 acres of coastal sage mitigation has been
purchased at the Carlsbad Highlands Conservation Bank, in accordance with the
proposal. Thus, the Commission finds the proposed off-site impacts can be
accepted in conformance with the provisions of the certified LCP and the NCCP
program.
CDP 6-96>?f
Page 7
In a related issue, the Commission is concerned about resource impacts
resulting from further extensions of the road system in the Zone 20 area. As
noted, the Zone 20 Specific Plan has not been adopted by the Commissioji but is
used by the City in review of development proposals in this area. The
Commission is concerned that buildout of the surrounding area, including
primary and secondary road alignments to serve adjacent properties in the area
(Roesch, Shindler, Sakaria, etc.), may be planned by the City in a manner that
is inconsistent with the certified LCP. Such roads could have resource
impacts to dual criteria slopes, especially on the Schindler and Roesch sites
which both contain large areas of coastal sage scrub, which would not be
allowed by the certified LCP, or consistent with the NCCP program. The City
indicates no tentative maps are being processed for these sites, however, the
circulation map in the Zone 20 Plan indicates road alignments, such as the
extension of Camino De Las Ondas east of Alga Road, which appear to be
inconsistent with the LCP as presently certified. In any event, the
Commission is concerned about a piecemeal or permit approach toward approval
of a road system in Zone 20, rather than a pro-active planning approach.
Examples of the Commission's concerns in the Zone 20 area follow.
In CDP #6-94-52, Bramalea, the Commission required a revised tentative map
indicating that the northeast corner of the site be retained as open space
rather than allowing the proposed extension of Camino de las Ondas, a local
road, to continue east onto the Schindler site (which is almost totally
comprised of coastal sage scrub) as proposed in the Zone 20 plan.
In CDP #6-94-131, Toyohara, the Commission again required a revised tentative
map indicating that the proposed Cherry Blossom Avenue, a local-collector, be
realigned to avoid a finger canyon containing sensitive vegetation in the
northwest corner of the site. The Zone 20 plan indicates the alignment
through the finger canyon was necessary to provide access to surrounding
properties. However, as approved by the Commission, the realignment avoided
the canyon and the surrounding properties can be access without impacting
coastal resources. The southeastern corner is also retained in open space not
aVlowing the extension of Camino De Las Ondas east of Alga Road.
In CDP #6-95-125, Pac West (as previously proposed on this site in CDP
#5-85-514, Cobblestone) a local road was proposed within an open space area
containing sensitive resources to provide secondary fire access to -the
subdivision. As approved in the later permit, this road was deleted and
replaced with a gated connection in the southeastern portion of the
development between the Pac West private street system and the Ocean Bluff
site, with the Commission finding that plans for this additional access
conformed with the CRP policies on grading of steep slopes (no encroachment on
steep slopes is required for this access point).
As indicated above, the Zone 20 Specific Plan has endorsed a circulation
system that is not always the most protective of coastal resoureces. The
Commission has urged the City to submit the specific plan as an LCP amendment
to address these issues, but it has not yet come before the Commission for
approval. The Commission notes that based on the preceding it will not accept
road alignments approved in the Specific Plan if they cannot be found
^ CDP 6-96-W
Page 8
consistent with the resource protection provisions of the certified Hello II
LCP. There are no additional circulation element roads in the area south of
Palomar Airport Road, west of El Camino Real, east of Alga Road, and north of
Poinsettia Lane identified in the certified LCP.
The Commission notes'the present proposed alignment of Poinsettia Lane would
not result in resource impacts inconsistent with the Mello II LCP or
long-range planning options addressed in the City's draft Habitat Management
Plan and the statewide Natural Communities Conservation Plan. However,
buildout of the above described area must include an open space and
circulation system designed to preserve environmentally-sensitive habitat
areas, as contained in the certified LCP, unless an LCP amendment is approved
which modifies the current standard of review. Given the current status of
the City's Habitat Management Plan and the NCCP program, some modifications to
the steep slope policies may be warranted; however, until that occurs, the
City and the Commission must require conformance with the present LCP policies.
Regarding grading and erosion control, no significant direct impacts to
coastal resources are proposed, as most of this area is unfarmed agricultural
lands. The approximately 325,000 cubic yards of grading is proposed to be
balanced on-site, resulting in a terraced hillside design. Excluded in these
volumes is 54,600 cubic yards of cut grading and 91,200 cubic yards of fill
for Poinsettia Lane which will be a circulation element roadway. The grading
of the property, however, has the potential to indirectly impact sensitive
off-site resources at Batiquitos Lagoon.
The City's approval requires the project to address downstream impacts to
Batiquitos Lagoon. It requires the applicant demonstrate that runoff rates
from the developed site will not exceed natural runoff rates resulting from a
10 year storm of moderate intensity. Special Conditions #2 and #3 require the
submittal of final grading, drainage, and erosion control plans designed to
avoid erosion and subsequent sedimentation impacts to the sensitive resources
associated with drainage from the developed site. In addition, the condition
prohibits grading during the winter months, when rain and resulting erosion is
most likely to occur. The final drainage plans must be designed to assure no
increase in the peak rate of runoff associated with the developed site when
compared to undeveloped conditions. These requirements are consistent with
the language contained in the Carlsbad LCP and past Commission precedent.
3. Agriculture. The project site supports agricultural uses and is
located In the Coastal Agricultural Overlay Zone. The Mello II LCP requires
mitigation when non-prime coastal agricultural land is converted to urban land
uses. Sections 30241 and 30242 of the Coastal Act concern the protection of
agricultural lands. In 1981, when the Carlsbad Mello II LCP segment was
certified by the Commission, the two major concerns were preservation of
agricultural uses and protection of environmentally sensitive habitats.
Regarding agricultural preservation, a major issue was minimizing agricultural
versus urban impacts by developing stable urban/agricultural boundaries. For
the most part, the certified LCP accomplished this objective by concentrating
development along 1-5, Palomar Airport Road, and the El Camino Real
transportation corridors and preserving the interior areas, where public
infrastructure is lacking, for continued agricultural use.
CDP 6-96-W
Page 9
Prior to major amendments to the LCP certified by the Commission in 1985, the
subject site was identified in the LCP as being subject to the agricultural
subsidy program, where agricultural lands were subsidized in order for them to
continue as such. However, major amendments to the LCP certified by the
Commission in 1985 significantly changed the policies of the LCP regarding
agricultural preservation. Those amendments essentially allowed for
conversion of almost all the agriculturally designated lands within the City's
Mello I and Mello II segments. The LCP provides three mitigation options for
such conversions for projects in Site II: (1) "Prime Land Exchange"; (2)
"Determination of Agricultural Feasibility"; and (3) "Agricultural Conversion
Mitigation Fee".
The first option is a determination of infeasiblity of continued agricultural
use based on area-wide, rather than site-specific studies of agricultural
feasibility. The second option is participation in a mitigation program
designed to preserve off-site prime agricultural lands elsewhere in the
coastal zone. The third option for conversion is the payment of an
agricultural mitigation fee of between $5,000 and $10,000 per acre of
converted lands. The funds accrued from the fees of this are to be used in
the restoration and enhancement of natural resources, public access
opportunities, and preservation of agricultural lands in Carlsbad.
The implementing ordinances of the LCP, as modified in 1985, contain the
specific requirements for implementing the three options of the LCP. The
identified agricultural lands for which conversion requirements would be
applicable were included in a Coastal Agriculture (C-A) Overlay Zone. Under
the provisions of the C-A zone, the timing of the mitigation required varies
depending on which of the three options of the LCP's conversion policies was
chosen.
Under the last option, payment of a mitigation fee, the mitigation requirement
is triggered at the time that a coastal development permit for "urban
development" is considered. Specifically, subsection 21.070-c calls for such
fees to be paid "prior to the issuance of building permits for the project".
As noted, the subject property is located in the C-A zone and is, thus,
subject to the requirements of the LCP regarding agricultural lands. The
proposed use clearly constitutes an urban conversion. The City's approval
contains a similar condition and the applicant has indicated the conversion
fee option will be used. The Commission finds that acceptable provided
evidence is submitted that the fee has been paid, consistent with the
provisions of the attached Special Condition #5. Only as conditioned can the
Commission find the subject project and conversion of agricultural lands
consistent with the agricultural policies of the certified Mello II LCP.
4. Visual Impacts. Section 30251 of the Coastal Act and the certified
Mello II LCP state that new development must be sited and designed to not
adversely impact scenic features. Although this area is primarily
agricultural land and surrounded by either existing medium density residential
projects or planned medium density residential projects, development on this
site may be visible from the beaches to the west as it contains a ridgeline.
**-"' CDP 6-96-Sf
Page 10
The proposed grading would create building pads that are terraced for views
and step down the slope. Most of the local streets and manufactured slopes
are curving and aligned to follow existing contours. The City found the
street alignments and curving landform graded slopes would reduce visual
impacts created by the grading and help simulate the natural slope
conditions. To further minimize the project's visual impact, the City found
that all structures and roofs within the project will be earth tone in color,
a percentage of the homes along the ridgeline will be one-story in height, and
all homes would have varying rooflines. Finally, landscaping plans have been
submitted which indicate that the site will be landscaped in accordance with
the City's Landscaping Manual and no adverse visual impacts are anticipated.
Therefore, the Commission finds that the subject development is consistent
with the visual resource policies of the certified Mello II LCP.
5. Local Coastal Planning. Sections 30170(f) and 30171 of the Coastal
Act were special legislative amendments which required the Commission to adopt
and implement a Local Coastal Program for portions of the City of Carlsbad and
County islands prior to specific statutory dates. In reviewing development
proposals, the Commission must essentially act like local government and
assess whether a project is consistent with the implementing zone and other
policies of the certified LCP.
This coastal development permit application is accompanied by a companion
Local Coastal Program Amendment to rezone the a 31.2 acre site from Exclusive
Agriculture (E-A) to One-Family Residential (R-l). The proposed Ocean Bluff
rezoning would potentially allow development of the site at a density which
would exceed the certified land use plan designation and staff is recommending
it first be rejected, then approved with a suggested modification to reinforce
the land use plan density limits. The certified Mello II LUP designates the
site as Residential Low Medium (RLM) which permits up to 4 dwelling units per
acre (du/ac). The proposed R-l zoning "(7500 sq.ft. minimum lot size) would
allow up to 5.8 du/ac., which is inconsistent with the density permitted in
the LUP. Regardless, however, the proposed density is consistent with the
derisity contained in the certified LUP; therefore, approval will not prejudice
implementation of a certified LCP.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. 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
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
CDP 6-9<W7
Page 11
4.
5.
6.
7.
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
Assignment. 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.
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.
(6057R)
EXHIBIT NO. /
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