Loading...
HomeMy WebLinkAboutCT 97-20; Cristalla; Tentative Map (CT) (3)Hofman Planning Associates Planning Project Management Fiscal Analysis June 27, 2002 RECEIVED Mike Grim ,.,,, City of Carlsbad ^"' 2? 2002 1635 Faraday Avenue CITY OF CARLSRAn Carlsbad, CA 92008 PLANNING DEPT Subject: Cristalla (CT 97-20) - Uses Allowed in 30' Setback from SDG&E Easement Dear Mike: The purpose of this letter is to document our conversation on June 24, 2002 regarding uses allowed in the Cristalla (CT 97-20) 30' setback from the SDG&E easement along the northern project boundary. During our conversation you stated that an open lattice patio or trellis cover would be allowed in the 30' setback from the SDG&E easement (but that any restrictions for fire suppression zones must be properly addressed). I asked if structures such as built-in barbeques or typical rear yard landscaping (accounting for any fire suppression zone restrictions) would also be allowed in the 30' setback from the SDG&E easement and you indicated that they would as long as the requirements of the fire suppression zones were met. You mentioned that you had discussed this matter with Chris DeCerbo and that you would place the same restrictions on the 30' setback from the SDG&E easement as you did for the 50' setback from Aviara Parkway for this project. Taken from correspondence to you from Mike Howes (dated August 10), following are items restricting trellis covers along Aviara Parkway that we believe would apply to the 30' setback from the SDG&E easement: > A 5-foot setback must be maintained between zero lot line building walls and any structure, and a 10-foot building separation must be maintained. Freestanding trellis covers will not be allowed within these setback areas. > Second story balconies must maintain a 50-foot setback from Aviara Parkway; patio and trellis covers are not affected by this setback requirement. »• Each lot is limited to 300 square feet of open lattice patio or trellis cover before a building permit is required for the patio or trellis cover. 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443 For your reference, I have attached a copy of the abovementioned letter and the exhibit that accompanied it. Please confirm that the above information is correct or let me know if I have misunderstood anything or missed anything that you believe should be addressed in this letter. Thanks for your help with this matter. Sincerely, Stuart Fisk attachment cc. Phil Conard /'- fe /' October 13, 2000 Mike Grim, Planning Department City of Carlsbad xv r, ... 1635 Faraday Avenue ^-^ '-—^-^ Carlsbad, CA 92008 Subject: Cristalla (PA 23) -. Grading Permit Extension Dear Mike, The grading for the Cristalla project is approximately 80% completed. Because the rainy season begins on October 15, 1 am requesting a 30-day extension to the grading permit for this project in order for the grading to be completed. We expect to have all grading completed within 30-days unless unforeseen weather conditions delay the process. In that event, we would notify you immediately if we thought there could be further delay. It is extremely important for the grading of this project to be completed for the following reasons: 1 . Completion of Grading so that the permanent erosion control can be installed in the form of storm drains, streets, sidewalks, and landscaping. 2. Provision of continuous paved access for the residents to the Recreational Vehicle Storage Lot and to San Diego Gas & Electric for access to their facilities. It is my understanding that Hofman Planning Associates has contacted you and the Engineering Department regarding this extension request. HPA has informed me that in their discussions with the City, neither the Planning nor Engineering Departments have any concerns with an extension. In fact, Skip Hammond told Elysian Mah of HPA that engineering would have no problem signing off on a grading permit extension as long as Planning agreed to it. Since both Clyde Wickham and you are off work today, we are unable to obtain written approval of this grading extension before the end of the grading season. We will therefore pursue a grading extension on Monday, October 16. Meanwhile, we are assuming the grading extension will be granted on Monday and grading will continue on site. Thank you for your consideration in this matter. Sincerely, Bill Kennedy CC: Gary Wayne Clyde Wickham Skip Hammond 5770 OBERLIN DRIVE 858 453-3040 SAN DIEGO, CA 92121-1723 (Fax) 858453-3056 02/01/2000 10:04 7604382443 HOFMAN PLANNING PAGE 01 Hofman Planning Associates Planning Project Management Fiscal Analysis Post-It* Fax Note 7671 ir-ii Phone *""^-T 00 ml.H Phone # February 1,2000 Mike Grim City of Carlsbad (Planning Department) 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: Mike, PHONE CONVERSATION REGARDING RESTRICTIONS ON REAR YARD TRELLIS/PATIO COVERS FOR CRISTALLA - PLANNING AREA 23 Per our phone conversation on Tuesday, January 25,2000 regarding rear yard restrictions on trellises and patio covers for the Cristalla project in Planning Area 23 of the Aviara Master Plan, our understanding is that the restrictions were limited to the following; • A ten (10) ft. building separation between building structures A fifty (50) ft. setback from Aviara Parkway (You have agreed verbally that we will be allowed to have the trellises and patio covers in lots 6, 7 and 8 spill into the 50 ft setback because it was so tight) Compliance to the Hillside Development Ordinance which states that for buildings greater than 15 ft. in height shall be set back so as not to intrude into a 0.07 ft horizontal distance to one ventricle ft. imaginary diagonal plane that is measured from the edge of slope to the building If there was a misunderstanding or if there is anything you feel needs to be added to the information provided to you above, please revise the information with your comments and fax this letter back to me. Otherwise we will go forward with the assumption that the information provided in this letter is correct and revise our exhibits accordingly. Please call me at (760) 438- 1465 if you have any questions. Sincerely, <^>^^^Marcy Aaflora 5900 Pasteur Court • Suits 150 • CcHsbad • CA 92008 • (760)438-1465 • Fax: (760)438-244,? City of Carlsbad Planning Department July 27, 1999 Paul Klukas Director of Planning Planning Systems 1530 Faraday Avenue, Suite 100 Carlsbad CA 92008 SUBJECT: COASTAL COMMISSION DEED RESTRICTION TRADE-OFF - CRISTALLA - CT 97-20 Dear Paul: The Planning Department has received and reviewed your request for a trade-off of Coastal Commission deed restricted open space areas within the Cristalla development (CT 97-20). The deed restricted areas proposed for revision were established through Coastal Development Permit No. 6-87-680, originally approved by the Coastal Commission on April 14, 1988. After discussions with the Coastal Commission staff, the Planning Department has determined that, since the permit covering the deed-restricted areas was issued by the Coastal Commission, we do not have authority to amend said permit. The deed restricted open space areas established through CDP 6-87- 680 may only be adjusted through Coastal Commission action. Thank you for your inquiry as to the procedure for deed restriction open space trade-offs. Please feel free to contact me at (760) 438-1161, extension 4499, if you have any questions. Sincerely, MICHAEL GF Senior Planner Gary Wayne Chris DeCerbo File Copy Bill Ponder, California Coastal Commission 2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 PLANNING SYSTEMS LAND USE / COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY. AND PROCESSING ENVIRONMENTAL MITIGATION July 9,1999 Mike Grim Senior Planner CITY OF CARLSBAD 2075 Las Palmas Dr. > . Carlsbad, CA 92009 RE: AVIARA PLANNING AREA 23 CRISTALLA AT AVIARA . DEED RESTRICTION TRADE-OFF Dear Mike: Enclosed please find documentation necessary to effectuate a small deed restriction trade-off for property on both sides of the Aviara Planning Area 23 (Cristalla) development pad. Since this property is now under City of Carlsbad coastal permit authority, I presume that the City will review and approve (hopefully administratively) the trade-off, which we can follow up with the actual recording of deed restriction trade-off documents. My client is the Brehm Companies, which own both the "take" and "give-back" of the trade-off property. I have included the existing recorded deed restriction document for the affected property. You will note that page 2 of this document recites the deed restriction condition of the original coastal permit, which states that restriction is in effect unless "written approval of the California Coastal Commission or its successor in interest..." (underline added). The City of Carlsbad is this successor in interest. You are aware that the Coastal Commission routinely approved these trade-offs, subject to vegetation analysis and net upgrade in quality of preserve. I have also enclosed a Vegetation Classification and Evaluation for the subject trade-off for your review. 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • FAX (760) 931-5744 • planningsystems@nctimes.net Mike Grim July 9,1999 Page 2 As you know, these trade-offs do not actually create additional habitat, they are only a trade of protection levels. Coastal Commission Staff have typically encouraged deed restriction protection over habitat preserve areas. Aviara still has some areas which do not have this deed restriction protection. This is an opportunity to increase deed restricted land adjacent to a preserve corridor. ~ Please consider this information, and proceed with a deed restriction trade-off review and approval at your earliest convenience. Please call me with any questions or comments. Sincerely, Paul J. Klukas Director of Planning cc: Klaus Mendenhall Enclosures RECORDING REQUESTED BY AND RETURN TO: STATE OF CALIFORNIA CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA OFFICE 1333 CAMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO, CALIFORNIA 92108-3520 OF THIS ^ V;..-.W*T WAS ;>A^ no.£?..:../..E .C /. 7 COUNTY .. 5-7 DEED RESTRICTION [OPEN SPACE] I. WHEREAS, Aviara Land Associates Limited Partnership, a Delaware limited partnership (hereinafter referred to as "Owner"), is the record owner of the property described in Exhibit "A" attached hereto and herein incorporated by reference (hereinafter referred to as the "Property") ; and II. WHEREAS, the California Coastal Commission (the "Commission") is acting on behalf of the People of the State of California; and III. WHEREAS, the Property is located within the coastal zone as defined in Section 30103 of the California Public Resources Code (Section 30000 et seq. of the California Public Resources Code is hereinafter referred to as the "California Coastal Act") ; and IV. WHEREAS, pursuant to the California Coastal Act, the predecessor in interest of the Property to Owner applied to the Commission for a Coastal Development Permit for its proposed development on the Property; and V. WHEREAS, Coastal Development Permit No. 6-87-680 was granted on April 14, 1988 and amended on August 24, 1988 as Coastal Development Permit No. 6-87-680 (A) (the "Permit") by the Commission in accordance with the provisions of the Staff Recommendation and Findings and the Amendment to Permit, which are attached hereto as Exhibit "D" and Exhibit "E," respectively, and are incorporated herein by this reference. VI. WHEREAS, the Permit was subject to certain terms and conditions, including but not limited to the following condition: " 4 . Open Space Deed Restriction/Steep Slopes . Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest Z098301A.DW8 3/6/89 -1- and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type without the written approval of the California Coastal Commission or its successor in interest in the sensitive steep slope areas throughout the entirety of the Master Plan and that portion of the adjacent natural open space areas of Phase I of the project, at a minimum, as shown on submitted deed restriction Development Plan overlays submitted to the Commission's San Diego area office on August 1, 1988. 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." VII. WHEREAS, the Commission found that but for the imposition of the above condition the proposed development could not be found consistent with the provisions of the California Coastal Act and that a permit could otherwise not have been granted ; and VIII. WHEREAS, it is intended that this Deed Restriction is irrevocable and shall constitute enforceable restrictions ; and IX. WHEREAS, Owner has elected to comply with the conditions imposed by the Permit so as to enable Owner to undertake the development authorized by the Permit. NOW, THEREFORE, in consideration of the granting of the Permit to Owner by the Commission, the Owner hereby irrevocably covenants with the Commission that there be and hereby are created the following restrictions on the use and enjoyment of the Property, to be attached to and become a part of the deed to the Property. The undersigned Owner, for itself and for its heirs, assigns, and successors in interest, covenants and agrees that: 1. Compliance With Permit Condition No. 4. In satisfaction of the condition No. 4 identified in Recital VI above, and except as otherwise provided in Paragraph 2 below, Owner shall not alter the landforms nor remove vegetation nor erect structures of any type without the written approval of the Commission or its successor in interest in the area specifically identified as "Restricted Areas" in the attached Exhibit "B." Z098301A.DW8 -2- 3/6/89 2. Reservation of Rights by Owner. (a) Notwithstanding the restriction of paragraph 1, Owner hereby reserves the following rights unto itself, its successors, assigns, agents and representatives, with the exception of the following subject to applicable governmental regulatory requirements: (i) to construct, install, maintain and repair in the Restricted Areas those certain Community Trails as described on the Master Plan approved in the Permit; and (ii) to enter upon the Restricted Areas to perform tree trimming; and (iii) to enter upon the Restricted Areas to thin vegetation and underbrush when approved, ordered or directed by any governmental authority having jurisdiction over the Property, including but not limited to the City of Carlsbad; and (iv) to dedicate easements over those certain portions of the Restricted Areas identified in Exhibit "C" for purposes of installation, operation, maintenance, and repair of public utilities; and (v) to enter upon those certain portions of the Restricted Areas identified in Exhibit "CM for purposes of installation, operation, maintenance and repair of public utilities. (b) In consideration of this Deed Restriction, the State acknowledges that this Deed Restriction is and shall remain subordinate to the interests of any and all grantees receiving easements pursuant to the foregoing subparagraph 2(a)(iv), recognizing that such grantees shall continue to be subject to the provisions of the California Coastal Act. The State agrees to execute and deliver to Owner, at Owner's request, any instrument or document reasonably requested by Owner reflecting such subordination. 3. Severabilitv. If any provision of this Deed Restriction is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 4. Binding Effect. This Deed Restriction shall remain in full force and effect during the period that the Permit, or any modification or amendment thereof, remains effective, and during the period that the development authorized by the Permit, or any modification of said development, remains in existence in or upon any part of, and thereby confers benefit upon, the Property, and to that extent the Deed Restriction is Z098301A.DW8 -3- 3/6/89 hereby deemed and agreed by Owner to be a covenant running with the land, and shall bind Owner and all of its assigns or successors in interest. 5. Recordation. Owner agrees to record this1 Deed Restriction in the Office of the County Recorder of San Diego County as soon as possible after the execution hereof. DATED:1"L 1989 OWNER:AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By:Aviara Land Company, a Delaware corporation, general partner By: By:Republic Development Company, a California corporation, general partner By: By: Z098301A.DW8 3/6/89 -4- STATE OF CALIFORNIA ) COUNTY OF Orarg,) SS. On March 22,1483 before me, the undersigned, a Notary Public in and for said State, personally appeared T&j L. i-lOPl/lf personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as thePresident-finance and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the !/)££ Pf^/6|^y>f' / of Aviara Land Company, a Delaware corporation,the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) OFFICIAL SEAL USA Ki WATTSMoOry PuWto-CUtomta ORANGE COUNTY My Comm. &p. Jkn. 31,1992 COUNTY OF ) SS On 72,before me, the undersigned, a Notary Public in and for said State, personally appeared _ l£C/ L. HOPOer _ personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as theI/ice Vrt6&r\\- 6 nance and John 1C._ personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the _ ViCC Pp£6'd£fl|- _ , of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEALUSA M. WATTS Notary Putmo-CtftomM ORANGE COUNTY Uy Comm. E*>. Jwt 31.1992 Z098301A.DW8 3/6/89 -5- COASTAL COMMISSION ACKNOWLEDGEMENT This is to certify that the Deed Restriction set forth above is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal Commission when it granted Coastal Development Permit No. 6-87-680 on April 14, 1988, as amended on August 24, 1988, and the California Coastal Commission consents to recordation thereby by its duly Authorized officer. DATED: CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA ) COUNTY OF ) SS , before me,^ the undersigned Notary Public, personally appeared D^jCyr^A AJ< X^«g_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the fa^h As*/. A/ggTzy and authorized representative of the California Coastal Commission and acknowledged to^ me that the. California Coastal Commission executed it. OFFICIAL SEAL MILTON PHEGLEY NOTARY PUSUC • CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Sept. 5, 1989 \ NOTARY PUBLIC SAID COUNTY AND STATE Z098301A.DW8 3/6/89 -6- EXHIBIT LEGAL DESCRIPTION - PACIFIC RIM UPLANDS THOSE PORTIONS OF SECTIONS 22, 26, 27, 23, 33, AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86- 494180; THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00° 32 'OP WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES: NORTH 83*55'00" WEST 164.81 FEET; SOUTH 5i'22'00" WEST 518.00 FEET; SOUTH 6 7* 22 "00" WEST 140.00 FEET; SOUTH 6C-44'QO" WEST 295.00 FEET; SOUTH 39a25'00" EAST 163.00 FEET; SOUTH 21* 11 '00" WEST 214.00 FEET; SOUTH 49"15'00" WEST 119.00 FEET; NORTH 89* 45 '00" WEST 186.00 FEET; NORTH 5oa00'00" WEST 132.00 FEET; NORTH 72* 30 '00" WEST 187.00 FEET; NORTH 05" 14'00" EAST 201.00 FEET; NORTH 51* 53 '00" WEST 63.00 FEET; NORTH 74«45'00" WEST 193.00 FEET; NORTH 89>42'00" WEST 218.00 FEET; SOUTH 59° 00 '00". WEST 156.00 FEET; NORTH 75'10'QO" WEST 113.00 FEET; SOUTH 22° 30 '00" WEST 88.00 FEET; SOUTH aia 22'00" WEST 57.00 FEET; SOUTH 61a 54 '00" WEST 195.00 FEET; NORTH SrOO'OO11 WEST 114.00 FEET; NORTH 89" 00 "00" WEST 120.00 FEET; SOUTH Ol'OO'OO" EAST 36.00 FEET;SOUTH erso'oo" WEST 318.00 FEET; SOUTH 28* 00' 00" EAST 35.00 FEET; SOUTH 54* 10 '00" WEST 143.00 FEET; SOUTH 79° 35 '00" WEST 155.00 FEET; NORTH 54s 10 '00" WEST 370.00 FEET; NORTH 74*30 '00" WEST 86.00 FEET; NORTH 3r30'00" WEST 141.00 FEET; NORTH 11* lO'OO" EAST 110.00 FEET; .NORTH 20a30'00" WEST 128.00 FEET; NORTH 85* 00 '00" WEST 71.00 FEET; SOUTH 25*30'00" WEST 223.00 FEET; SOUTH 10" 45 '00" EAST 53.00 FEET; SOUTH 33° 20 "00" WEST 146.00 FEET; SOUTH 55*30*00" WEST 52.00 FEET; 4-5-68 JN. 5459-022 SOUTH 77*30'00" WEST 358.00 FEET; SOUTH 55*10'00" WEST 167.00 FEET; SOUTH 75" 53'00" WEST 42.00 FEET; NORTH 83*56'00" WEST 117.00 FEET; NORTH 73950'00" WEST 99.00 FEET; NORTH 79*50'00" WEST 147.00 FEET; NORTH 74" 10'00" WEST 190.00 FEET; NORTH 68'56'02" WEST 346.00 FEET; NORTH 73s16'26" WEST 174.03 FEET; NORTH 84*00'00" WEST 124.00 FEET; SOUTH 78"00'00" WEST 447.00 FEET; NORTH 83*00'00" WEST 123.73 FEET TO THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP; THENCE ALOKG SAID BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 32*17'46" WEST 561.66 FEET; NORTH 69*15'21" WEST 228.23 FEET; NORTH 00*43 '21" WEST 788.21 FEET; NORTH 00*30'45" EAST 1357.73 FEET; SOUTH 89*OS'32" EAST 1358.19 FEET; NORTH 23*18'51" EAST 156.92 FEET; SOUTH S3*50'41" EAST 182.99 FEET; NORTH 63*51'06" EAST 118.55 FEET; NORTH 46* 13'35" EAST 66.99 FEET; NORTH 21* 20'05" EAST 79.07 FEET; NORTH 14* 41'15" WEST 271.95 FEET; NORTH 26* 25'20" WEST 112.93 FEET; NORTH 44*H'08" WEST 189.02 FEET; NORTH 36°54'21" WEST 80.99 FEET; NORTH 17*22*08" WEST 96.53 FEET; NORTH Or 57'57" WEST 108.47 FEET; NORTH 03°51*41" EAST 180.95 FEET; NORTH 35*35'33" WEST 142.04 FEET; NORTH 00*34'18" EAST 2716.14 FEET; SOUTH 86°58'38" EAST 1318.67 FEET; NORTH 01* 49'19" WEST 331.07 FEET; SOUTH 86*57'12" EAST 660.57 FEET; SOUTH 01*36*47" EAST 330.69 FEET; SOUTH 00*06'50" WEST 1340.75 FEET; SOUTH 87*30*08" EAST 662.65 FEET; SOUTH 87*32'14" EAST 662.56 FEET; NORTH 00*12*09" WEST 1328.52 FEET; SOUTH 86*58*17" EAST 659.12 FEET; NORTH 00*41'54" WEST 2434.07 FEET; SOUTH 89*:3'30" EAST 1370.33 FEET; SOUTH 00*33'25" WEST 2491.10 FEET; SOUTH 00*42'22" EAST 2294.99 FEET; SOUTH 89s19'14" EAST 1334.44 FEET; SOUTH 00°21'21" EAST 328.99 FEET; WRH/RWy/DS 4_6_88 JN. 5459-022 SOUTH 89"16"26" EAST 252.98 FEET; SOUTH 00°43'19" WEST 392.93 FEET; SOUTH 89'16'42" EAST 299.95 FEET; SOUTH 25° 48'10" EAST 163.03 FEET; SOUTH 44°39'44" WEST 109.07 FEET; SOUTH 40°51'44" WEST 501.68 FEET; SOUTH 38'15f14" WEST 136.45 FEET; SOUTH 08a46'19" WEST 168.00 FEET; SOUTH 24°07'12" WEST 174.68 FEET; SOUTH 15*13'16" EAST 128.95 FEET; SOUTH 48°19'47" EAST 507.55 FEET; SOUTH 24°29'17" EAST 825.89 FEET; NORTH 88°48'10" WEST 770.87 FEET; NORTH 00°22'43" WEST 658.36 FEET; NORTH 88°55'25" WEST 1321.10 FEET; SOUTH 00"42'22" EAST 655.68 FEET TO THE POINT 0? 2GHINNING. CONTAINS 1002.206 ACRES MORE OR LESS. WRH/RWW/DS 4-6-88 JN. 5459-022 AVIARA PLANNING AREA 23 DEED RESTRICTION OPEN SPACE TRADE OFF VEGETATION CLASSIFICATION AND EVALUATION REPORT June 17,1999 Prepared for: THE BREHM COMPANIES 5770 Oberlin Dr. San Diego, CA 92121-1723 Prepared by: PLANNING SYSTEMS 1530 Faraday Avenue, Suite 100 Carlsbad, California, 92008 BACKGROUND Approvals have been issued and final site design for the construction of single family homes in Aviara Planning Area 23 is in progress. The development is located in central Aviara, and is owned by The Brehm Companies (See Vicinity Map). The proposed final development envelope would encroach on three small areas (totaling 0.12 acre), of Deed Restricted Open Space. This deed restriction was recorded as part of a 248 acre open space program, on April 14,1989. Modifications to these early-identified deed restricted open spaces have been approved a number of times over the years. The typical test by the Coastal Commission for approval of such modifications has been as follows: • No net reduction in quantity of open space vegetation; • No net reduction in quality of open space vegetation; • No significant effect to viability of habitat corridor. The intent of this report is to analyze how the proposed trade-off meets the above test. The developer proposes a trade of 0.12 acre of revegetated coastal sage scrub in exchange for development rights to the deed restricted 0.12 acre. On June 11,1999 a site visit was conducted by Greg Evans, Landscape Architect #3900, to assess the vegetation proposed for "trade-off". Mr. Evans has been involved in biological assessment for many of the previous deed restriction trade-offs. The four areas identified as trade-off candidates were assessed to: 1) classify the vegetation community in those areas, and 2) to evaluate the quality of vegetation found on both a micro and a macro scale. This report describes the study findings and conclusions. Planning Area 22 Planning Area 23 Vicinity Map Planning Areas 22 and 23 NO SCALE a •Planning Areas 22 & 23 Aviara Master Plan Phase III Carlsbad. California 2 NORTH (\ V hJ ANALYSIS Of the four areas studied, Area 1 is proposed for open space "give-back", (open space deed restriction), and Areas 2, 3, and 4 are proposed as "take-away", (development encroachment), (see maps for area locations). Area 1 occurs adjacent to a large tract of Deed Restricted open space. Areas 2, 3, and 4 are small in size, and occur next to the proposed development. This proposal provides for an equal exchange in area, and an improvement in habitat quality of deed restricted open space, as discussed below. Community classification The plant community existing in "give-back" (to be deed restricted), Area 1 is two year old revegetated Coastal Sage Scrub. This habitat is part of a large slope of revegetation that is successfully establishing in Aviara Planning Area 22. The plant community exisiting in "take-away" Areas 2 and 3 is Ruderal / Ornamental vegetation, weedy growth of poor habitat value. The plant community existing in "take-away" Area 4 is mature Revegetated Coastal Sage Scrub, installed approximately 5 years ago. Tables 1, 2, and 4 are partial lists of the species observed in the area(s) indicated. TABLE 1 - Area 1, "Give Back" Coastal Sage Scrub Habitat scientific name common name Artemisia californica Coastal sagebrush Baccharis glutinosa Mulefat Baccharis p. ssp. consanguinea Chaparral broom Bromus rubens Red brome Encelia californica California encelia Eriogonumfasciculatum Buckwheat Gnaphalium californicum Everlasting Hemizoniafasciculata Tarweed Haplopappus venetus Goldenbush Lotus scoparius Deerweed Mimulus aurantiacus Monkeyflower Nassella pulchra Purple needle grass Quercus agrifolia Coast live oak Rhamnus californica Coffeeberry Sysrinchium helium Blue-eyed grass Legend Aviara Phase III Boundary Coastal Deed Restricted Line O Trade-off Area Number Proposed "Give-back" Area (1) 5,050 Square Feet Proposed Encroachment Areas (3) 5,050 Square Feet PLANNING AREA 18 PLANNING AREA \22 COASTAL DEED-RESTRICTED OPEN SPACE AVIARA GOLF COURSE PLANNING AREA 23 Proposed "Give-Back," Take-Away" Areas Deed Restricted Open Space Aviara Phase III NORTH NO SCALE TABLE 2 - Areas 2 & 3, "Take away" Ruderal / Ornamental Vegetation scientific name common name Bromus rubens Red brome Conyza canadensis Horseweed Gnaphaliwn luteo-album Cudweed Lactucasp. Prickly lettuce Limoniwn perezii Sea lavender Ricinus communis Castor bean Salsola tragus Russian thistle Sonchus vulgaris Sowthistle TABLE 3 - Area 4, "Take-Away" Coastal Sage Scrub Habitat scientific name common name Artemisia californica Coastal sagebrush Baccharisp. ssp. consanguinea Chaparral broom Baccharis sarothroides Broom baccharis Cortaderiajujubata Pampas grass Encelia californica California encelia Eriogonumfasciculatum Buckwheat Galium sp. Bedstraw Heterotheca grandiflora Telegraph weed Melilotus indica Sour clover Mimulus aurantiacus Monkeyflower Rhus integrifolia Lemonadeberry Salvia melifera Black sage Plant Community Quality A visual assessment of each area was made to provide a mechanism to evaluate the quality of habitat being proposed for trade. Quality designations are limited to three categories, good, fair, and poor. Being a visual only assessment, the determination of health is a function of experience in assessing plant health versus degrees of stress and poor performance. Specifically, indicators of plant health focused on by the observer are: percent of invasive species present, quantity of bare ground within a study area, general plant appearance, percentage of dead material, percentage of pioneer species versus more mature, established growth. A composite evaluation of relative health is in this way deduced, and applied to the broad categories good, fair, and poor. The results of the vegetation inventory are summarized on the following page: TABLE 4 - Give-Back Vegetation Summary area 1 TOTAL classification Revegetated Coastal Sage Scrub condition - - FAIR 5,050 s.f. . - size ($/,) - 5,050 5,050 s.f. TABLE 5 - Take-Away Vegetation Summary area 2 3 4 TOTAL classification Ruderal / Ornamental Ruderal / Ornamental Revegetated Coastal Sage Scrub condinan _ . - . - FAIR 525 s.f POOR POOR - 4,525 s.f. she fjr/.J 475 4,050 525 5,050 s.f. Comparative Evaluation of the Proposed Exchange A comparison of the "take-away" versus "give-back" habitat quality can now be provided. "Take-Away" Areas 2, 3, & 4 are 90% poor disturbed vegetation, 10% fair quality native vegetation. These "take-away" areas occur immediately adjacent to development, and will be subjected fire suppression thinning, and to other environmental pressures of vegetation adjacent residential development. In contrast, the "give-back" area supports an establishing native plant community, Coastal Sage Scrub. Given that the size of the "give-back" and "take-away" areas is the same, the proposed trade-off is favorable in terms of habitat quality being exchanged. The area proposed for "give-back" is contiguous to an existing deed restricted open space parcel, is not within a fire suppression thinning zone, and offers an increase in the area or width of the wildlife "connectivity corridors" found desirable by the Coastal Commission and Resource Agencies. CONCLUSION The total area involved in the proposed trade-off is approximately 0.12 acre, a small, relatively insignificant acreage. It is proposed that fair quality Coastal sage scrub habitat is exchanged for primarily disturbed vegetation. The total effect of this trade is negligible at best, but as proposed, does represent a present incremental improvement of Coastal Sage Scrub habitat, and as the give back area matures, a substantive improvement of habitat within the affected preserve areas. , COASTAL DEED RESTRICTED1 AREA COASTAL DEED RESTRICTION BOUNDARY "Give-Back" Area 1 Revegetated Coastal Sage Scrub - 5,050 Square Feet LEGEND L J LOCATION OF SITE SCALE: 1" = 40' Planning Area 22 Aviara Master Plan Phase Carlsbad, California NORTH LINE DA TA S0f?6'05'nr X35DSV7T 61.60'jaw'JI.O6"56.52'57.64' JS.53' 191.91' 25.44' 154.92'71.06' CURVE DATA_ ~CJ'A-lj-IS'41' fi-JoaOO' L-64.JO' CJ A-I2TX)'20' ff-Jt0.7J' t-65.tr'CJ A-1215'41' R-266.00' L-56.S2' 0' ft-276.73' L~57.99' 4" R-5J4.00' L-I5SOJ' 0' R-344.73" 1-72.23"'J~ R- 25.0O' 1-JA56' O" ff- 21.00' L-41.89' CITY OF CARLSBAD TRACT NO. 92-3 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A VIARA PHASE III UNIT NO. 6 SHEET 4 OF 5 SHEETS AVIARA PHASE J UNIT 7 Cr 92-J LOT 151 R£C. 04/16/54 8X 5207 PC JQ-24'CSTig-09'02Tt 0-50-52 T 73 N46 "53 35 W 42, aj 79 N6I'33'34 V 24. 4O' SO NB6-4}-J2'W 24.SJ' 31 N72?9'WW 20.28' B2 N57-IO'20~W t4.Jj' SJ NI7~IB'57'W 71.70' 84 NO7-2O'24'W IJ4 76' B5 H5IV5'I4T JS.96' S6 N24~I3'00'C 92.45' LOT 90 MAP 1241Q CT 85-35 A VIARA UNIT 9 PHASE I CffAPHIC SCALC: I'-IOQ' (A) CPEN SPACC EASEMENT TO THE PUBUC DEDICATEDHEREQN TO B£ MAINTAINED BY THC AMAfiA UASHR HOMEOWNERS' ASSOCIATION. ACCESS/CONSTRUCTION EASEMENT TO 8RAUALEA CORP. R€C 09/19/91 AS r/H 91-0432776 OF OM. 00 71 72 73 74 75 76 SO6t}2'O6'E ftlj'4j'4t~# «JD<S,V N64'4Q'OJ~W N59'42'OJ'W N67T2*'42~W 177 N7l'46'!2'*r 112.18' 62. 99' 9 2. 02' /J5JJ' 127.37' 49.22' 37.04' ^ r\Ss •n•j3 *f\ 5« l&s/B)] P1D/CTE ENQfWEERau^*y[ tat irsr 'A' smcrt. sun nao «w*f«rojw, „ „».""J'a'/"J"a* ™' •'--'<> 8 ^V L ^Cr ^-i * •*•••**» <f H-K- i-n.ir \ /$ .^~-^-^^-°''"^^^ '«J JP t) •) ~&\T. *^ v^ I 1 INDICATES COASTAi COUUfS&Qv Of CD W5/WC/TO^ 6 A0- 7 ?O **•- '*C> ' ' 04-I4-B9 AS nu: NO. S9-i96l76. C.ff.!J ^ t -/~7 <* • AfiCA PCR DOC RCC. Ji ^ nr-TAIt *A ' W///fy INDtC*T£S AltCAS CRCATTD *S CfCH SP*C£ Of CD RfSTRlCRON/SIFtP*J utJAItt A. K&ZGa SLOPC5 PCK DOC KfC, AUGUST 22. IS95 AS flLC NO. 95-OJ6B333. Q.ft.5 f'-ioo' CITY or ™. ,w. cocm ^^ ,,»-6»0 CAXLSBAD IM 92-3-6 P Coastal Deed Restricted Area Encroachment Locations Within Aviara Planning Area 23 Carlsbad, California LEGEND NORTH LOCATION OF SITE NO SCALE Coastal Deed Restricted Area Encroachment Eastern Encroachments - 4,525 Square Feet LEGEND LOCATION OF SITE SCALE: 1" = 40' Planning Area 23 Aviara Master Plan Phase Carlsbad, California NORTH Coastal Deed Restricted Area Encroachment Western Encroachment - 525 Square Feet LEGEND ' LOCATION OF SITE SCALE: 1" = 40' Planning Area 23 Avlara Master Plan Phase III Carlsbad, California NORTH 10