Loading...
HomeMy WebLinkAboutCT 94-09; Carlsbad Ranch - Lego; Tentative Map (CT) (2)STATE OF CAUfOBNIA THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION DIEGO COAST AREA oei uio NOUTH, sunt 200 SAN OIECO, CA 92108-1725 (619) 521-3034 C Carltas Company 5600 Avendla Enclnas, #100 Attn: Monica Browning Carlsbad, California 92008 NOTICE OF ACCEPTANCE Date: March 17. 1997 Applicant: Carltas Company Document or Plans: Agricultural Mitigation Fee Deed Restriction. Deed Restriction Designating Flower Fields for Cont1nu9d Agricultural USB. Dead Restriction Requiring Golf Course to be Ooen to the Public on a Faa Basis. Dedicated Trail Plan. Grading Plans. Final Landscape Plans. Open Space Deed Restriction over Lot 16 and Lot 18. Submitted in compliance with Special Conditlon(s) NoCs). 1-12 of Coastal Development Permit No. 6-96-9 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. PLEASE NOTF: All otfrpr Special Conditions have been satisfied praviouslVL therefore your permit Iff enclPSfld herein.—Thanhsj Sincerely, Charles Damn District Director By: OCT.14.1996 4=14PM 6194319020 A '~HQ///lo/[^ STATE OF CAUFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO PEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 521-8036 AMENDMENT TO PERMIT Carltas Company 5600 Avenida Encinas #100 Carlsbad, CA 92008 Date: October 10. 1996 Permit Number J5-96-9-A-2 issued to Carltas Company has been amended to include the following change: Amend Special Condition #6(a) as follows: All grading activity shallJ^e prohibited between October 1st and April 1st of anv year (Add...except for the year 1996 in which grading may be allowed until November 1. 1996.) This amendment was determined by the Executive Director to be immaterial, was duly noticed, and no objections were received. This amendment will become effective upon return of a signed copy of this formto the District office. Please note that the remaining conditions are still in effect. Sincerely, Peter Douglas Executive Director _ BiirPonder I have read and understand the above amendmepr aftd agree to be bound by its conditions and the remaining conditions ofypernnjjnumber I**~Qt>_•" <3 Date r v / ' " / f C~ Signaturj f : 7 cc: Monica Browning 6314N STATE OF CAUFORNIA-THE RESOURCES AGENCY PETE W|LSON CALIFORNIA COASTAL COMMISSION , DIEGO COAST AREA ||f. n CAMINO DEL RIO NORTH. SUITE 200 COASTAL DEVELOPMENT PERMIT NO. 6-96-9 *J3,AN DIEGO. CA 92108-1725 Pflnp 1 nf 7 (6191521-8036 „ = „_'_' - T~77rPHASES II and III On _ Apri 1 11. 1996 _ , the California Coastal Commission granted to _ Carltas Company _ _ this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Subdivision of 447.4 acres into 19 parcels (Master Tentative Map for Carlsbad Ranch - C.T 94-09 - Units 1,2 and 3) to allow the development of office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus, and Legoland Carlsbad. Approx. 2,083,900 cu.yds. of grading and installation of roads and drainage improvements is also proposed. Also proposed are provisions ensuring that easements for public access trails shall be dedicated to the City of Carlsbad and the installation of a rest/vista point which includes benches an a trash receptacle on the public pedestrian/golf cart trail located between proposed Lots 5, 17 and 18. The coastal development permit shall be released in phases corresponding to buildout of each Unit. Lot Area 447.5 acres Zoning Multiple Commercial Zones Plan Designation Multiple Designations Site: East of Paseo del Norte, North of Palomar Airport Road, South of Cannon Road, Carlsbad, San Diego County. 211-022-01-03, 07-013, 211-023-01-06 Issued on behalf of the California Coastal Commission by PETER DOUGLAS ^ Executive Director V and Page 2 of 7 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. _ tiate /~" S/gnature of Permittee 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 proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. );; 6. 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. 7. 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. f - •'NO. 6-96-9Page 3 of 7 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lots 2,3,5,6,7,8,9,13,14,17 and 18, as shown on Master Tentative Map C.T 94-09. The restriction shall be recorded free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall indicate the following: a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified Mello II LCP Land Use Plan is applicable to approximately 202 acres (as shown on Attachment C/Exhibit 8) of the Carlsbad Ranch Specific Plan, and includes Lots 2,6,7,9,13,14,17 and portions of Lots 8 and 18 of Master Tentative Map CT 94-09. In the event the proposed golf course on Lots 3 and 5, as shown on Master Tentative Map CT 94-09, is not exempt from Policy 2-1, or the exemption is voided, then the mitigation fee shall be applicable to Lots 3 and 5 consisting of approximately 74 acres. b. Agricultural mitigation fees for any lot shall be paid to the City upon issuance of a building permit for any improvement constructed on such lot, except for any fees due for the proposed golf course. Any fee due for the proposed golf course shall be paid upon issuance of a grading permit for golf course purposes or, in the event such golf course is initially exempt from the payment of mitigation fees and the exemption! is later voided, then such fees shall be paid at the time the exemption is voided. c. Conversion from agricultural use to a public recreation or open space use which is owned, leased or controlled by the City of Carlsbad shall be exempt from Policy 2-1 of the Mello II LCP Land Use Plan. d. If at any time in the future, acreage for a public recreation or open space use, which was exempt from Policy 2-1, is no longer owned, leased or controlled by the City of Carlsbad, the exemption from Policy 2-1 will be voided and one of the three conversion options shall be implemented for said acreage. The form and content of';the deed restriction shall be subject to review and approval of the Executive Director, prior to the issuance of the coastal development permit. 2. Agricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lot 1 designated Open Space as shown on C.T 94-09, free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The deed restriction shall indicate that Lot 1 is designated for continued agricultural use under the certified Carlsbad Local Coastal Program Mello II Land Use Plan and the Carlsbad Ranch Specific Plan, and that conversion to any mCOASTAL DEVELOPMENT PER Page 4 of 7 "'"' SPECIAL CONDITIONS, continued: use other than a permitted use pursuant to the Carlsbad Ranch Specific Plan shall^require an amendment to the LCP and the Specific Plan, and an amendment to this coastal development permit. The form and content of the deed restriction shall be subject to review and approval of the Executive Director. 3. Recordation of Public Trail and Halkwav Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence of compliance with the following, as proposed by the applicant: a. Revision to the Master Tentative Map for Carlsbad Ranch (C.T. 94-09) to include notes to the effect that the pedestrian, trail and/or access easements shown on the Tentative Map, to implement provision of the pedestrian ways and trails shown on the Dedicated Trail Plan attached as Exhibit 6, shall be for use by the general public, and that easements for the identified trails shall be dedicated to the City of Carlsbad on the final subdivision map (Master TM 94-09 Units 1,2 and 3) which includes the easement area, or an irrevocable offer to dedicate such trail easements shall be given to the City on or before the date such final map is recorded in the Office of the County Recorder. * b. Submittal of evidence of compliance with either the easement dedications or recordation of the offers to dedicate trail easements, prior to issuance of the coastal development permit for the Unit of the Master TM 94-09 which contains the trail easements. 4. Public Use of Golf Course/Open Space. Prior to the issuance of ' the the coastal development permit, the applicant shall record a deed restriction against Lots 3,5 and 17 as shown on C.T 94-09 revised 10/95, free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The deed restriction shall indicate that the future golf course within the Open Space Lots 3 and 5, if managed by the resort or other private entity, shall be open to the public on a fee basis. This restriction is intended to clarify ^hat "open to the public on a fee basis" means the golf course shall be open to; the public on a daily fee basis as well as to resort patrons or club members. At least 50% of the tee times must be reserved for the general public, as opposed to exclusively for resort patrons or club members. Details regarding operation of the facility and other restrictions including, but not limited to, reservation procedures and attendance monitoring, will be developed through future coastal development permits for the golf course and the resort to be developed on the adjacent Tourist Recreation Lot 17. Said restriction shall be recorded in a form and content acceptable to the Executive Director, prior to issuance of this coastal development permit. >:. ••>'•<y 5. Future Public Access Trail Improvements. Implementation of the Dedicated Trail Plan as shown on attached Attachment A/Exhibit 6, shall occur COASTAL DEVELOPMENT PERnR" NO. 6-96-9 Page 5 of 7 -' SPECIAL CONDITIONS, continued: concurrent with development of the planning areas which contain the trail easements, and improvements shall be installed prior to occupancy of the development within those lots that include the public trail system. In addition to the trail improvements identified in the Carlsbad Ranch Specific Plan, the applicant has proposed the installation of a rest/vista point which includes benches an a trash receptacle on the public pedestrian/golf cart trail located between proposed Lots 5, 17 and 18. An illustration of the concept is attached as Exhibit 7. Installation of the proposed pedestrian trail improvements on the resort/Legoland trail shall occur prior to occupancy of the Legoland development on Lot 18. 6. Grading/Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, final site and grading plans approved by the City of Carlsbad which incorporate the following requirements: a. All grading activity shall be prohibited between October 1st and April 1st of any year. b. All areas disturbed by grading shall be planted within 60 days of the initial disturbance and prior to October 1st with temporary or permanent ^ (in the case of finished slopes) erosion control methods. 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 graded areas. 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 or agricultural crops in designated agricultural areas, subject to Executive Director approval. c. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. 7. Final Grading and Drainage Plans. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the1; Executive Director, final grading plans approved by the City of Carlsbad for utility, road, and drainage improvements. The plans shall clearly show the existing and finished contours, the topography of the areas to be graded or filled, as well as the existing topography of the agricultural areas to be left in their natural condition. The plan shall submit a grading schedule which addresses the proposed phasing of grading and insures that agricultural uses will remain in continous production as long as feasible prior to being graded. To that end, the grading plan shall clearly^ indicate a) what agricultural areas will be graded (site prepared) to maintain acceptable grades for continuing agricultural production and b) what existing ::l% agricultural areas will be graded to be permanently converted to accommodate f£;l urban uses. The coastal development permit may be released in phases in COASTAL DEVELOPMENT PERm NO. 6-96-9 Page 6 of 7 SPECIAL CONDITIONS, continued: accordance with the approved grading schedule. All conditions applicable to the parcels and/or development included in the individual phases shall be complied with prior to the issuance of the permit for those phases. 8. Final Landscape Plans. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed landscape plan for the interim and, if permanent, long-term slope plantings that indicates the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. Special emphasis shall be placed on use of specimen size street trees consistent with the requirements of the Carlsbad Ranch Specific Plan for those permanent slope areas to be landscaped upon completion of the grading associated with this permit, to provide effective screening of the development from views from major roadways and coastal access routes, i.e. .1-5, Palomar Airport Road and Cannon Road. Also, special emphasis shall be placed on landscaping the proposed desiltation basin with native species compatible with the riparian and freshwater marsh vegetation within the existing desiltation basin/drainage area north of Palomar Airport Road. The plant species list and landscape plan shall be reviewed by the Executive Director, in consultation with the State Department of Fish and Game, to guard against introduction of any species which are inherently noxious to, or incompatible with on-site native vegetation and surrounding agricultural crops and floriculture. Said plan shall be submitted to, reviewed and approved in writing by the Executive Director. 9. Future Development. This coastal development permit is for the subdivision of the 447.5 acre site and site preparation, including rough grading, construction of roads, utility, and drainage improvements as shown on TM 94-09. All other development proposals for the site, including but not limited to the subsequent development of the hotel or any other structures, shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit(s). 10. LCP Effective Certification. Approval of the coastal development permit is conditioned upon certification of Local Coastal Program Amendment #1-96(C). Accordingly!1 prior to issuance of the coastal development permit, the applicant shall obtain a written statement of the Executive Director of the Coastal Commission confirming that the Coastal Commission has effectively certified LCPA #1-96(C) in accordance with California Code of Regulations title 14, section 13544. 11. Open Space. Prior to the issuance of the coastal development permit, the applicant shall re-record a restriction against Lots 16 and 18, 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. This restriction shall replace the existing recorded documents on these lots as approved in.CDP #6-93-34. The restriction on Lot 16 shall conform to the previous deed restriction and also allow uses MH fCOASTAL DEVELOPMENT PERMIT NO. 6-96-9 Page 7 of 7 SPECIAL CONDITIONS, continued: as permitted by the Carlsbad Ranch Specific Plan approval through an amendment to this permit, or permit. The restriction on Lot 18 shall conform restriction but be re-recorded against Lot 18 as development permit. The recording document shall of both the applicant's entire parcel(s) and the in a form and content acceptable to the Executive recordation of such restriction shall be subject approval of the Executive Director. subject to review and separate coastal development to the previous deed approved through this coastal include legal descriptions restricted area, and shall be Director. Evidence of to the review and written 12. Release of Coastal Development Permit for each Unit of Tentative Map and Phase of Grading. This Coastal Development Permit shall be released in 3 phases for Units 1,2 and 3 of Tentative Map CT 94-09, as revised to conform to the phased grading schedule approved by the City of Carlsbad and pursuant to Special Condition #7 of this coastal development permit. The applicant shall be required to comply with all Special Conditions which address the grading, dedication of trail easements, deed restrictions, street and drainage^ improvements and landscaping within lots being created, prior to the issuance of the coastal development permit and recordation of the final maps for each Unit which contains said lots, trail easements, grading and improvements. The release of the permit for each Unit shall be subject to the approval of the Executive Director, prior to commencement of grading in each Unit. (6009P) OCT.24.1996 9:54«M 6194319020 CARLTAS COMPANY TELEFAX 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008-4452 U.S.A. Telephone: (619) 431-5600 Fax No.: (619)431-9020 Page 1 of 11 FAX MESSAGE #: TO: Don Neu COMPANY NAME: City of Carlsbad FAX NUMBER: 438-0894 ~.~^..v_ cohered FROM: Monica Browning DATE: October 24, 1996 f\ ^ REGARDING: Carlsbad Ranch ''U2«. Stockpile and Grading Coastal Development Permit COMMENTS: Several days ago I spoke to Bill Ponder about amending our CDP to include the stockpile. He told me that he believed it could be concluded that the stockpile was part of the grading for Unit 1 and therefore covered by the Unit 1 CDP. Please note that the circled paragraph on page 4 of the attached draft copy of the Staff Report for the Carlsbad Country Stores CDP application deals with this issue, With respect to grading deadlines, the underlined text on page 5 confirms that grading is allowed until November 15, 1996. Please call me to confirm that this resolves the stockpile and grading CDP issues. Thank you for your attention to this matter. cc: Chris Calkins Please check the number of pages once this transmission is completed. If you haye any problems, call at (619) 431-5600. neufax5.doc OCT.24.1996 9:55flM 6194319020 NO.682 P.2/11 STATE op CAUFORNIA-THE RESOURCES AGENCY PETEWRS&N. Gov«mor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEI RIO NORTH, SUITE 200SAN DIEGO, CA «!08-ir25 {619} £21-8036 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date:, ^S&s9/19/96 &W| 11/7/96 ^£Sy 3/18/97 XJS95^ BP-SD 10/7/96 11/12-15/96M-..V „ STAFF REPORT: Application No.: 6-96-133 Applicant: Craig Realty Group Agent: Hofman Planning Assoc. CONSENT CALENDAR Description:Construction of a one-story, 300,000 sq.ft. specialty retail center on 26.65 acres within Planning Area #6 of the Carlsbad Ranch Specific Plan acreage. The proposed buildings will be up to 28 feet high with architectural features to 4Z foot high. Additional finish grading on the subject site requires excavation of 160,000 cubic yards, and fill of 11,700 cubic yards to reach necessary grades for building pads and parking lots. The remaining 148,300 cubic yards will be exported and stockpiled on other locations within the Carlsbad Ranch. Lot Area Building CoveragePavement Coverage Landscape Coverage Unimproved Coverage Parking SpacesZoning Plan Designation Ht abv fin grade 1 160.874 sq 300,000 sq 549,300 sq 160,100 sq 151,474 sq 1,536 C-2-Q R (Regional Commercial) 42 feet ft, ft. ft. ft. ft. (26.65 acres) (26%) (47%) (141) (13%) Site:Lot 6 of Carlsbad Ranch, southeast corner of Paseo Del Norte and Car Country Drive, Carlsbad, San Diego County, APN 211-022-03-15 Substantive File Documents; STAFF RECOMMENDATION: Certified Carlsbad LCP Mello II segment, Local Coastal Program Amendments 2-87, 1-88, 1-93, 1-96(0, CDP 6-93-34, CDP 6-96-9 The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development on the grounds that the development, as conditioned, 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. OCT.24.1996 9:55ftM 6194319020 NO.682 P.3/11 6-96-133 Page 2 II. Standard Conditions. See attached page. III. Special Conditions. 1, Evidence of Payment of Agricultural Mitigation Fee. Prior to Issuance of the coastal development permit, the applicant shall provide to the Executive Director for review and written approval, evidence of payment of the agricultural mitigation fee to the City of Carlsbad. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified Mello II LCP Land Use Plan Is applicable to 15.95 acres within Planning Area #6 of the Carlsbad Ranch Specific Plan. The policy requires the agricultural mitigation fees shall be paid to the City prior to issuance of a building permit for any Improvement constructed within the planning area, and is, thus, payable prior to issuance of this coastal development.permit. IV. Findings and Declarations. The Commission finds and declares as follows: 1, Detailed Project Description. The applicant is proposing construction of a one-story, 300,000 sq.ft. specialty retail center with 1,536 parking spaces within Planning Area #6 of the Carlsbad Ranch Specific Plan acreage. The proposed buildings will be up to 28 feet high with architectural features to 42 foot high. Additional finish grading on the subject site requires excavation of 160,000 cubic yards, and fill of 11,700 cubic yards to reach necessary grades for building pads and parking lots. The remaining 148,300 , cubic yards will be exported and stockpiled on other locations within the Carlsbad Ranch. The 26.65 site is located on a portion of the Carlsbad Ranch which is 447 acres east of Paseo Del Norte and west of the future Hidden Valley Road and between Cannon Road and Palomar Airport Road to the north and south, respectively, in the Mello II segment of the Carlsbad LCP. Portions of the Carlsbad Ranch have been in continuous agricultural production since the 1950s. Land previously used for agricultural production and a palm tree nursery comprise the balance of the site. No sensitive native vegetationexists on the property as a result of the agricultural and nursery uses. The project is proposed In multiple phases and consists of four buildings. The floor plans indicate that in excess of 100 tenant spaces will be provided. Tenants will consist of retail stores, art galleries, restaurants and other specialty retail uses consistent with the Carlsbad Ranch Specific Plan. Buildings are designed in the mediterranean style and are oriented to minimize the amount of rear building elevations visible to the public from public trail and viewing areas above the site to the east. Access to the project site is from existing street frontages (i.e. Paseo Del Norte and Car Country Drive). In May 1996, the Commission approved Local Coastal Program Amendment #1-96(C) which amended the originally approved Carlsbad Ranch Specific Plan (1993). OCT.24.1996 9:55flM 6194319020 NO.682 P.4/11 6-96-133 ' "/; •$ Page 3'-: ./. '" -:':\ .,,,ir;,:/r - .•'•.- '••''. *\w' " , •" >','/ The project site is designated as Planning Area 6 (Specialty Retail) 1n':tHe Specific Plan. The plan allows for the development of a maximum of 300,000 sq. ft. of retail and related uses. Master Tentative Map 94-09 (CDP #6-96-9) for the master subdivision of the entire Carlsbad Ranch Including the subject site was also approved 1n May, 1996. That action approved mass grading,drainage and infrastructure improvements for the subject site. 2. Preservation of Agriculture. The amended Carlsbad Ranch Specific Plan allows the development of office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort» golf course, agriculture, a vocational school campus and Legoland Carlsbad. The above uses would take place within 19 planning areas. The project site 1s located 1n the western portion of the Carlsbad Ranch on the west side of Armada Drive which is the main road serving the proposed urban uses on the ranch. Planning Area #6 1s presently fallow but has been used 1n the past for agricultural activities. As approved in LCPA 1-96(C), the currently certified Mello II LCP and Carlsbad Ranch Specific Plan allows possible conversion of designated agricultural lands subject to compliance with one of three specified conversion options, provided It is demonstrated that agricultural conversion 1s appropriate in order to support retained agricultural use either elsewhere 1n the coastal zone or on the Ranch, or that conversion serves to concentrate urbandevelopment in an appropriate manner. Alternatively, the burden would be to demonstrate that agricultural operations are no longer viable. Under the site specific "Mixed Use" policy in the Mello II LCP, exactly 15.95 acres of the subject site is subject to the agricultural conversion policies. The mixed use policy allows some lands on the Carlsbad Ranch to be retained for urban uses, in this case 10.7 acres, to assist 1n maintaining agricultural uses on the remaining lands. CDP #6-96-9 established that agricultural mitigation fees for the subject site shall be paid to the City upon issuance of a building permit for any improvement constructed on the lot. This condition is also a part of the City's approval of the project. Thus, the Commission finds Special Condition #1 is necessary to find the proposed project consistent with the agricultural preservation policies of the certified Mello II LCP and the Carlsbad Ranch Specific Plan. 3. Visual Impacts/Community Character. The Carlsbad Ranch is composed of gently rolling topography and contains three north-south trending ridges. Elevations range from a high of ZBO mean sea level (msl) in its northeastern portion to a low of 60 feet MSI in the southwestern portion of the site. Portions of the Ranch are currently in agricultural production. The site 1s a Carlsbad landmark 1n the spring when the ranunculuses are in bloom. The approved Carlsbad Ranch Specific Plan contains a number of provisions to address the visual Impacts associated with the buildout of the Carlsbad Ranch, Including some applicable to the proposed project. The project complies with all requirements of the specific plan including a maximum single story parapetheight of 28 feet in addition to a maximum of 2 percent of the total building square footage proposed as architectural features not to exceed 42 feet. These height limitations reduce the area of the flower field planning area OCT.24.1996 9=56flM S194319020 NO.682 P.5/11 6-96-133 4 that win be obstructed from view by the development from locations west of the site. In addition, approved grades for the site win result In the property elevations being lowered from 1 to 8 feet from existing grade and 3 to 12 feet from grades approved on the original master tentative map. Other design features Include consolidation of the buildings at the east and thenorth end of the site to maximize flower field view angles, selective use of trees and landscape material to avoid visual obstruction of the flower fields, and introduction of a 50 foot wide flower field view corridor/retail mall thatwill connect to the pedestrian pathway through the flower fields to ArmadaDrive. A sidewalk is also provided through the project site to the south to connect to the flower field parking and Information/retail area. The project also complies with the development standards and design guidelines of the approved Carlsbad Ranch Specific Plan. For example, the specific plan allows a maximum of 50% building coverage and the project proposes 26%coverage. The specific plan requires building/landscape setbacks of 25 feetfor front yards and 25 feet for side yards while the project proposes a 225foot front yard setback and 93 foot and 425 foot side yard setbacks.Regarding parking area landscaping, the specific plan requires 3% of the total parking area to be landscaped while 5.9% is proposed. The specific plan calls for 1500 parking spaces and 1536 parking spaces will be provided. Therefore, the Commission finds the proposed project consistent with the'the design guidelines and development standards of the Carlsbad Ranch Specific Plan. The mass grading, including roads and drainage Improvements, of this lot along with the other developable portions of the Carlsbad Ranch was approved in CDP #6-96-9 at approximately 2,083,900 million cubic yards and is expected to begin in late September 1996 and end in November. Grading on the subject site requires excavation of 160,000 cubic yards, and fill of 11,700 cubic yards to reach necessary grades for building pads and parking lots. The remaining 148,300 cubic. yards will be exported and stockpiled on locations within Planning Area n of the Carlsbad Ranch (between "D" Street and Lego Drive). This grading can be approved as being consistent with CDP #6-96-9 which 'allows grading to occur on the Carlsbad Ranch provided agricultural areas are left in production as long as possible prior to conversion to urban uses. Stockpile plans indicate that the project site's exported material will be spread at relatively flat grades so that 1t can accommodate the planting of crops. Additionally, the specific plan requires a number of measures to mitigate the visual impacts of grading (contour grading, revegetation of graded areas,hydroseeding of slopes) which will be implemented upon completion of grading,' Therefore, the Commission finds the proposed project consistent with the visual resource policies of the Mello II LUP and the Carlsbad Ranch Specific Plan and no adverse impacts to coastal visual resources are anticipated. 4. Erosion/Sedimentation. Policy 5-B of the Carlsbad Ranch Specific Plan states: Establish a storm water management system which utilizes, to the extent feasible, natural drainage courses and improves environmental quality of water runoff prior to discharge from the site. OCT.24.1996 9:56flM 6194319020 NO.682 P.6/11 In addition. Policy 4-F of the specific plan states: Require the disposal of irrigation and storm water runoff from the buildings, streets, parking lots and landscaped areas through a system of detention basins and storm drains so as to segregate urban and agricultural runoff and mitigate the potential water degradation associated with each land use. The project site is less than 1,000 yards from Agua Hedionda Lagoon, one of 19wetland areas of significant importance as referenced in Coastal Act section 30233. The project would add coverage by impervious surfaces; thus, the amount of runoff would be higher than with present natural conditions. However, the specific plan proposes three drainage basins, one for each watershed the site drains to, and proposes to construct and maintain permanent retention ponds which will have sufficient capacity to detain or hold back additional storm water, while releasing water at pre-development rates. The EIR states the storm drain system would be adequate to handle the runoff from the proposed project. An immateral amendment has been approved at thB Commit nn'g Qrtnhpr. 1^9$ hearing that will allow grading on thP Carlsbad Ranch, includlno thejsublec site, to be extended until Novemppr i^ mq^ ^Uh ^ll? p^i'^nrpe that nff-c„ hsedimentation mil not occur to sensitive areM. That is, the submitted grading and erosion"control ~pians inaicate temporary erosion control measures such as gravel bag check dams and bladed swales will be installed in conjunction with plantings to minimize soil loss from the construction site as well as at the stockpile site. As noted, the Carlsbad Ranch Specific Plan contains an extensive system of desiltation basins and other permanent drainage Improvements that protect Agua Hedionda Lagoon and Canyon de lasEncinas from potential erosion of graded soils. Additionally, drainage plans indicate permanent retention ponds on-site which will have sufficient capacity to detain or hold back additional storm water, while releasing water at pre-development rates. Therefore, the Commission finds the proposed project can be found consistent with the resource protection provisions of the certified LCP. 5. Visitor Accommodations/Priority Uses. The approved master tentative map for Carlsbad Ranch incorporates a public access trail system thatbasically follows street and sidewalks on the perimeter of the Carlsbad Ranchand at some key interior streets, A pedestrian promenade and its associated public viewpoints are approved adjacent to Armada Drive near the ridgeline which will give the public a panoramic view of the ocean to the west. Also, a pathway from Planning Area 6 near Paseo Del Norte, to the ridgeline across the flower fields, is approved which will give the public immediate visual andphysical access to the flower fields. No portion of the public trail system is on the subject site. A portion of the public trail system is proposed on the sidewalk fronting Paseo Del Norte and Car County Drive at the westernperimeter of the project site. The applicant has provided evidence that pedestrian way and trail dedications within the public right-of-ways of these streets have been previously dedicated to the City, Thus, the Commission finds the proposed project consistent with the public access provisions of the certified LCP. OCT.24.1996 9:57PM 6194319020 NO.682 P.7/11 «»«w fi^ \<-f. • .-• . ' <•;•5. Local Coastal Program. The Hello H LCP designates the'prdject'site [<as appropriate for urban uses under the "mixed use" concept. As conditioned, approximately 16 acres of the 26.65 acre site will be subject to the agricultural mitigation fee. The proposed project 1s consistent with the combination district designations given to the site 1n the LCP. As noted, the proposed project is also consistent with the development standards and design guidelines of the approved Carlsbad Ranch Specific Plan which is part of the certified LCP. Thus, the Commission finds that the proposed project is consistent with the local coastal program, and will not prejudice the City from Implementing its 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. ExpJ ration. 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 proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of Intent or Interpretation of any condition will be resolved by the Executive Director or,the Commission. 5. Inspections. The Commission staff shall be allowed, to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 7. 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. 6133R OCT.24.1996 9=57flM 6194319020 NO.682 P.8/11 1 r AGUA HEDIONDA LAGOON PALOMAR AIRPORT RD OCT.24.1996 9:57flM 6194319020 NO.682 P.9/11 ^M,*VW^;W,^: :' •/' /!**"i fi$ ti-:1gfII :'* i ffj •: GK cmiMmli CeiHil CommlMbn OCT.24.1996 9=58PM 6194319020 NO.682 P.10/11 OCT.24.1996 9=59AM 6194319020 NO.682 P.11/11 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-3036 RECEIVED AUG 2 0 1995 Carltas Company Attn: Monica Browning 5600 Avenida Encinas Carlsbad, California 92009 / i_o b fc O NOTICE OF ACCEPTANCE Date:August 20. 1996 Applicant: Carltas Company Document or Plans: Agricultural Deed Restrictions. Public Trail and Walkway Easements. Public Use Deed Restriction. Public Access Trail Improvements. Open Space Deed Restriction. Permit Phasing restriction. Lands caping/Grading/Drainage/Eros ion Control Plans Submitted in compliance with Special Condition(s) No(s). 1 - of Coastal Development Permit No. 6-96-9 12 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 Damm Di strict Director By:. (6282N) STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 COASTAL DEVELOPMENT PERMIT NO. 6-96-9 SAN DIEGO, CA 92108-1725 PHASE I (Unit 1) AppfOVdl (619) 521-8036 page ] Of J On April 11. 1996 , the California Coastal Commission granted to Carl tas Company this permit for the development described below, subject to the attached Standard and Special Conditions. Description: Subdivision of 447.4 acres into 19 parcels (Master Tentative Map for Carlsbad Ranch - C.T 94-09 - Units 1,2 and 3) to allow the development of office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus, and Legoland Carlsbad. Approx. 2,083,900 cu.yds. of grading and installation of roads and drainage improvements is also proposed. Also proposed are provisions ensuring that easements for public access trails shall be dedicated to the City of Carlsbad and the installation of a rest/vista point which includes benches an a trash receptacle on the public pedestrian/golf cart trail located between proposed Lots 5, 17 and 18. The coastal development permit shall be released in phases corresponding to buildout of each unit. Lot Area 447.5 acres Zoning Multiple Commercial Zones Plan Designation Multiple Designations Site: East of Paseo del Norte, North of Palomar Airport Road, South of Cannon Road, Carlsbad, San Diego County. 211-022-01-03, 07-013, 211-023-01-06 Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and COASTAL DEVELOPMENT PERM^^O. 6-96-9 PHASE I .(Unit 1) Approval Page 2 of 7 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. CARLSBAD RANCH COMPANY, L.P., a California limited partnership Carttas Company, a California limited partnership, General Partner By- Carttas Management, a California corporation, General Pz STANDARD CONDITIONS: • 'rJ?r !T ' ^ T 'Cpfistopher C. Calkins, President 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 proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections . The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. 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. 7. 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. COASTAL DEVELOPMENT PERMW NO. 6-96-9 PHASE I (Unit 1) Approval Page 3 of 7 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lots 2,3,5,6,7,8,9,13,14,17 and 18, as shown on Master Tentative Map C.T 94-09. The restriction shall be recorded free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall indicate the following: a. The agricultural mitigation fee required in option #3 of Policy 2-1 of the certified Mello II LCP Land Use Plan is applicable to approximately 202 acres (as shown on Attachment C/Exhibit 8) of the Carlsbad Ranch Specific Plan, and includes Lots 2,6,7,9,13,14,17 and portions of Lots 8 and 18 of Master Tentative Map CT 94-09. In the event the proposed golf course on Lots 3 and 5, as shown on Master Tentative Map CT 94-09, is not exempt from Policy 2-1, or the exemption is voided, then the mitigation fee shall be applicable to Lots 3 and 5 consisting of approximately 74 acres. b. Agricultural mitigation fees for any lot shall be paid to the City upon issuance of a building permit for any improvement constructed on such lot, except for any fees due for the proposed golf course. Any fee due for the proposed golf course shall be paid upon issuance of a grading permit for golf course purposes or, in the event such golf course is initially exempt from the payment of mitigation fees and the exemptiom is later voided, then such fees shall be paid at the time the exemption is voided. c. Conversion from agricultural use to a public recreation or open space use which is owned, leased or controlled by the City of Carlsbad shall be exempt from Policy 2-1 of the Mello II LCP Land Use Plan. d. If at any time in the future, acreage for a public recreation or open space use, which was exempt from Policy 2-1, is no longer owned, leased or controlled by the City of Carlsbad, the exemption from Policy 2-1 will be voided and one of the three conversion options shall be implemented for said acreage. The form and content of the deed restriction shall be subject to review and approval of the Executive Director, prior to the issuance of the coastal development permit. 2. Agricultural Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a deed restriction against Lot 1 designated Open Space as shown on C.T 94-09, free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The deed restriction shall indicate that Lot 1 is designated for continued COASTAL DEVELOPMENT PERlW NO. 6-96-9 PHASE I (Unit.l) Approval Page 4 of 7 SPECIAL CONDITIONS, continued: agricultural use under the certified Carlsbad Local Coastal Program Mello II Land Use Plan and the Carlsbad Ranch Specific Plan, and that conversion to any use other than a permitted use pursuant to the Carlsbad Ranch Specific Plan shall require an amendment to the LCP and the Specific Plan, and an amendment to this coastal development permit. The form and content of the deed restriction shall be subject to review and approval of the Executive Director. 3. Recordation of Public Trail and Walkway Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence of compliance with the following, as proposed by the applicant: a. Revision to the Master Tentative Map for Carlsbad Ranch (C.T. 94-09) to include notes to the effect that the pedestrian, trail and/or access easements shown on the Tentative Map, to implement provision of the pedestrian ways and trails shown on the Dedicated Trail Plan attached as Exhibit 6, shall be for use by the general public, and that easements for the identified trails shall be dedicated to the City of Carlsbad on the final subdivision map (Master TM 94-09 Units 1,2 and 3) which includes the easement area, or an irrevocable offer to dedicate such trail easements shall be given to the City on or before the date such final map is recorded in the Office of the County Recorder. b. Submittal of evidence of compliance with either the easement dedications or recordation of the offers to dedicate trail easements, prior to issuance of the coastal development permit for the Unit of the Master TM 94-09 which contains the trail easements. 4. Public Use of Golf Course/Open Saace. Prior to the issuance of the the coastal development permit, the applicant shall record a deed restriction against Lots 3,5 and 17 as shown on C.T 94-09 revised 10/95, free of prior liens and encumbrances, except tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The deed restriction shall indicate that the future golf course within the Open Space Lots 3 and 5, if managed by the resort or other private entity, shall be open to the public on a fee basis. This restriction is intended to clarify that "open to the public on a fee basis" means the golf course shall be open to the public on a daily fee basis as well as to resort patrons or club members. At least 50% of the tee times must be reserved for the general public, as opposed to exclusively for resort patrons or club members. Details regarding operation of the facility and other restrictions including, but not limited to, reservation procedures and attendance monitoring, will be developed through future coastal development permits for the golf course and the resort to be developed on the adjacent Tourist Recreation Lot 17. Said restriction shall be recorded in a form and content acceptable to the Executive Director, prior to issuance of this coastal development permit. COASTAL DEVELOPMENT PElA NO. 6-96-9 PHASE I (Unit 1) Approval Page 5 of 7 SPECIAL CONDITIONS, continued: 5. Future Public Access Trail Improvements. Implementation of the Dedicated Trail Plan as shown on attached Attachment A/Exhibit 6, shall occur concurrent with development of the planning areas which contain the trail easements, and improvements shall be installed prior to occupancy of the development within those lots that include the public trail system. In addition to the trail improvements identified in the Carlsbad Ranch Specific Plan, the applicant has proposed the installation of a rest/vista point which includes benches an a trash receptacle on the public pedestrian/golf cart trail located between proposed Lots 5, 17 and 18. An illustration of the concept is attached as Exhibit 7. Installation of the proposed pedestrian trail improvements on the resort/Legoland trail shall occur prior to occupancy of the Legoland development on Lot 18. 6. Grading/Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, final site and grading plans approved by the City of Carlsbad which incorporate the following requirements: a. All grading activity shall be prohibited between October 1st and April 1st of any year. b. All areas disturbed by grading shall be planted within 60 days of the initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. 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 graded areas. 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 or agricultural crops in designated agricultural areas, subject to Executive Director approval. c. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. 7. Final Grading and Drainage Plans. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, final grading plans approved by the City of Carlsbad for utility, road, and drainage improvements. The plans shall clearly show the existing and finished contours, the topography of the areas to be graded or filled, as well as the existing topography of the agricultural areas to be left in their natural condition. The plan shall submit a grading schedule which addresses the proposed phasing of grading and insures that agricultural uses will remain in continous production as long as feasible prior to being graded. To that end, the grading plan shall clearly indicate a) what agricultural areas will be graded (site prepared) to maintain COASTAL DEVELOPMENT PERMlMO. 6-96-9 PHASE I (Unit 1) Approved Page 6 of 7 SPECIAL CONDITIONS, continued: acceptable grades for continuing agricultural production and b) what existing agricultural areas will be graded to be permanently converted to accommodate urban uses. The coastal development permit may be released in phases in accordance with the approved grading schedule. All conditions applicable to the parcels and/or development included in the individual phases shall be complied with prior to the issuance of the permit for those phases. 8. Final Landscape Plans. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed landscape plan for the interim and, if permanent, long-term slope plantings that indicates the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. Special emphasis shall be placed on use of specimen size street trees consistent with the requirements of the Carlsbad Ranch Specific Plan for those permanent slope areas to be landscaped upon completion of the grading associated with this permit, to provide effective screening of the development from views from major roadways and coastal access routes, i.e. 1-5, Palomar Airport Road and Cannon Road. Also, special emphasis shall be placed on landscaping the proposed desiltation basin with native species compatible with the riparian and freshwater marsh vegetation within the existing desiltation basin/drainage area north of Palomar Airport Road. The plant species list and landscape plan shall be reviewed by the Executive Director, in consultation with the State Department of Fish and Game, to guard against introduction of any species which are inherently noxious to, or incompatible with on-site native vegetation and surrounding agricultural crops and floriculture. Said plan shall be submitted to, reviewed and approved in writing by the Executive Director. 9. Future Development. This coastal development permit is for the subdivision of the 447.5 acre site and site preparation, including rough grading, construction of roads, utility, and drainage improvements as shown on TM 94-09. All other development proposals for the site, including but not limited to the subsequent development of the hotel or any other structures, shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit(s). 10. LCP Effective Certification. Approval of the coastal development permit is conditioned upon certification of Local Coastal Program Amendment #1-96(C). Accordingly, prior to issuance of the coastal development permit, the applicant shall obtain a written statement of the Executive Director of the Coastal Commission confirming that the Coastal Commission has effectively certified LCPA #1-96(C) in accordance with California Code of Regulations title 14, section 13544. COASTAL DEVELOPMENT PERMlWlO. 6-96-9 PHASE I (Unit 1) Approved Page 7 of 7 SPECIAL CONDITIONS, continued: 11. Open Space. Prior to the issuance of the coastal development permit, the applicant shall re-record a restriction against Lots 16 and 18, 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. This restriction shall replace the existing recorded documents on these lots as approved in CDP #6-93-34. The restriction on Lot 16 shall conform to the previous deed restriction an.d also allow uses as permitted by the Carlsbad Ranch Specific Plan subject to review and approval through an amendment to this permit, or separate coastal development permit. The restriction on Lot 18 shall conform to the previous deed restriction but be re-recorded against Lot 18 as approved through this coastal development permit. 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 subject to the review and written approval of the Executive Director. 12. Release of Coastal Development Permit for each Unit of Tentative Map and Phase of Grading. This Coastal Development Permit shall be released in 3 phases for Units 1,2 and 3 of Tentative Map CT 94-09, as revised to conform to the phased grading schedule approved by the City of Carlsbad and pursuant to Special Condition #7 of this coastal development permit. The applicant shall be required to comply with all Special Conditions which address the grading, dedication of trail easements, deed restrictions, street and drainage improvements and landscaping within lots being created, prior to the issuance of the coastal development permit and recordation of the final maps for each Unit which contains said lots, trail easements, grading and improvements. The release of the permit for each Unit shall be subject to the approval of the Executive Director, prior to commencement of grading in each Unit. (6009P)