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
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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)