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HomeMy WebLinkAboutHDP 96-10A; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (2)STATE OF CAWoRNlA - THE RESOURCES AGENCY . GRAY DAWS, Oownor CALIFORNIA COASTAF COMMISSION SAN MEGO AREA 3111 CANIN0 DEL RIO NORTH, SUITE 200 SAN MEW, CA SZlM4726 (61s) 62ldosI Tom Jones Jones Building, Inc. 2734 Madison Street Carlsbad, CA 92008 NOTICE OF ACCEPTANCE Date: April 6, 1999 Applicant: Steve Cade Document or Plans: Revised/Final Parcel Map, Site and Building plans, Open Space Deed Restriction. Offer to Dedicate Lateral Public Access. Public Access Sienaee. Enforcement, Revised Landscape Plan, GradingErosion and Drainage Control Plans, Future Development, Disposal of Graded Spoils, Boat Launch Ramp Plans Submitted in compliance with Special Condition(s) No(s).: 1-1 1 of Coastal Development Permit No. 6-96- 159 Remaining Special Condition(s): None 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, Deborah Lee Deputy Director (hie compliance NOA ) STATE dF CAUFORNIA - THE RESOURCES AGENCY GRAY DAWS, oorvnor w SAN OEGO AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO. CA 91108-1725 (619) 5tld036 COASTAL DEVELOPMENT PERMIT NO. 6-96- 159 Page 1 of 7 - On May 14, 1998 , the California Coastal Commission granted to attached Standard and Special Conditions. Description: Two lot subdivision of a 3.66 acre site (Lot 1r1.55 acres; Lot Steven Cade this pennit for the development described below, subject to the 2-2.11 acres). Construction of a single-story, 5,4CO sq.ft- residence on Lot 1 and also a single-story, 5,300 sq.ft. residence on Lot 2. Proposed is the construction of a swimming pool cx Lot 1 and a tennis court and swimming pool on Lot 2, vertical fencing. along the property 1 i nes to the mean high ti de 1 i ne of Agua Hedionda Lagoon, time-lock gates to restrict lateral public access along the lagoon, exotic landscaping 2nd i rri gati on within the 1 agoon buffer and upland areas covering both lots, a boat 1 aunch ramp , crib wall, fire ring and barbecue. The applicant also proposes to record 2n offer to dedicate a 25-foot wide easement for lateral pub1 i c access along the lagoon (within the buffer), and to construct trzi 1 inprovements . A1 so , proposed is a lot 1 i ne adjustnent between Lot 2 and an adjacent parcel to the northeast and street improvements to Adams Street. Cut grading is proposed at 12,400 cubic yards, fi 11 grading i s proposed at 3,400 cubic yards with 9,000 cubic yards to be exported off-site. Landscaping, fencing, and hardscape improvements within the buffer have occurred without a coastal development permit. Lot Area 159,429 sq.ft. (3.66 acres combined) 8ui 1 ding Area 12,442 sq.ft. Paved Area 23,958 sq.ft. Landscaped Area 96,829 sq.ft. Unimproved Area 26,429 s.q.ft- Zoni ng R-1-15.000 Pi an Des i gnati on Residential Low Medium-0-4 'du/ac Ht. Above Fin.Grade 19 ft. Site: 4523 Adams St., Carlsbad, San Diego County. APN 206-200-08 Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and .. I COASTAL DEVELO E"...iNT PERMIT NO. 6-96-159 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. 4/7/99 mc Date STANDARD CONDITIONS: 1. 2. 3. 4. 5. 6. 7. Notice of Receipt and Acknowledgment. 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 ofice. 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. 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. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. COASTAL DEVELOP~~NT PERMIT NO. 6-96-159 SPECIAL CONDITIONS: c-c The permit is subject to the following conditions: 1 . Revi sed/Final Parcel Mau. Site and Buildina Plans. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, a revised parcel map and revi sed final site and building plans approved by the City of Carl sbad whi ch incorporate the fol lowing: a. A revised a1 ignment of the proposed public access easement to extend 25-feet up1 and of the mean high tide 1 i ne as shown on the tentative map dated March 21, 1997 which is understood to be ambulatory from day to day to provide 1 ateral access along the enti re 1 agoon frontage width of the property. b. Installation of time-lock gates at the east and west property lines at the location of the publ ic access easement is prohibited. The publ i c access easement shall remain open and shall not be blocked with fencing, gates, or other structures. An amendment to this permit or a new coastal development permit shall be required for installation of additional public access improvements. c. With the exception of the volleyball court, all existing improvements (barbecue, pi cni c tab1 e on concrete pad, fire ring, 1 awn, benches, i rrigation for lawn) within the required buffer shall not be permi tted and' shall be removed. Replacement vegetation shall be in. accordance with Speci a1 Condition #6 of this permi t. A boat launch ramp may be permitted pursuant to Speci a1 Condition #ll . ~ The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. Proposed changes to the approved final plans shall not occur without a Coastal Comnission-approved amendment to this coastal development permit. unless the Executive Director determines that no amendment i s requi red - 2. $&en SDace Deed Restriction. Prior to the issuance Of the Coastal development permit, and within 90 days of Commission action, the applicant shall record a restriction against the subject property. The restriction shall prohi bi t any a1 teration of landforms, erection of structures of any type and removal of vegetation, except as permitted herein, for any purposes. in the proposed buffer area as shown on the tentative parcel map dated 1/8/98 (Exhibit 3) and generally described as the area between the mean high tide 1 i ne and a line to the north ranging from 60-feet on the eastern side of Lot 2 and lobfeet on Lot 1. The sand vol leybal 1 court, native drought-resi stant vegetation required herein, rip-rap energy di ssipator, boat launch ramp, a future pub7 i c trai 1 with i.ts associated improvements and upland fencing andlor landscaping to demarcate publ i c/private use as approved pursuant to Special Condition #6 of CDP #6-96-159, shall be permitted within the buffer. The document shall include 1 egal descriptions of both the applicant's. enti re parcel(s1- and the. easement area. .. . i . -. . .. .. .. ,. .. .. .. . COASTAL DEVELOF~NT PERMIT NO. 6-96-159 The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior 1 iens that the Executive Director determines may affect the enforceabi 1 i ty of the restriction. Thi s deed restriction shall not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determines that no amendment i s requi red. 3. Lateral Public Access. Prior to the issuance of the Coastal development permit, and within 90 days of Commission action, the applicant shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a publ i c agency or private association approved by the Executive Director an easement for lateral public access and passive recreational use along the lagoon shoreline. The easement shall be located along the entire width of .the property along the Agua Hedionda Lagoon shoreline and shall extend 25-feet upland of the mean high tide 1 i ne as shown on the tentative parcel map for coastal permi t dated 1/8/98, which is understood to be ambulatory from day to day. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. It shall be recorded free of prior liens which the Executive Director determines may affect the interest being conveyed, and free of any other encumbrances which may affect said interest. The offer shall run with the land in favor of the People of the State of California, binding a1 1 successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The recording document shall include legal descriptions of both the applicant's entire parcelts) and the easement area. 4. Public Access Sianaae. Prior to the issuance of the coastal development permit, and within 90 days of Commiss.ion action, the applicant shall submit, for the review and written approval of the Executive Director, a signage plan which has been approved by the City of Carlsbad. which shall i ncorporate the fol 1 owing : a. Si gnage prohibiting Glass Containers, Alcohol, Dogs or Pol 1 ution i s a1 lowed consistent with ttie Carl sbad Municipal Code. b. Signage shall be installed on the applicant's site in a location vi si bl e from Cove Drive which identifies that verti tal public access i s available to pedestrians and bicyclists from Cove Drive to the proposed lateral publ i c access easement on the applicant's property. Said plans shall be subject to the review and written approval of the City of Carl sbad and the Executive Director. C. The applicant shall remove the "No trespassing" sign located near the eastern boundary of Lot 2. - COASTAL DEVELOFP>NT PERMIT NO. 6-96-159 The si gnage plan shall be implemented by the applicant in accordance wi th the approved pl an. 5. Enforcement. The applicant shall submit for review and approval of the Executive Director, the following plans ni thin the prescri bed time frames to address the removal of existing unauthorized development on the subject site. The approved plans shall be subsequently implemented by the. applicant in the identified time frames to avoid further enforcement action. WITHIN 90 DAYS OF COMMISSION ACTION ON THIS COASTAL DEVELOPMENT PERMIT APPLICATION, or such time additional time as the Executive Director may grant for good cause, the applicant shall satisfy a1 1 requirements specified in the conditions hereto that the applicant is required to satisfy prior to issuance of thi s penft. Fai lure to comply with. this requirement may result in the institution of enforcement action under the provisions of Chapter 9 of the Coastal Act. Additionally, the applicant shall comp-lete the following: a. tandscapi ng/Improvement P1 ans approved pursuant to Speci a1 Condi ti on #6 shall be imp1 emented within 30 days of issuance of the permit, such that removal of exi s'ti ng unpermitted landscaping and improvements wi thi n the buffer shall occur within 120 days of Commission action; and, revegetation of the buffer, as required herein, shall occur within 120 days of Commission action; b. Within 120 days of Conmission action: (1) The access signage shall be installed as described in Special Condi ti on #4; (2) The vertical fencing in the public access easement area shall be removed and; (3) The "no trespassing" sign located near the eastern boundary of Lot 2 shall be removed as described in Speci a1 Condition #4. The site shall be subject to a staff inspection upon completion of the above requi red landscaping and improvements to confirm conformance with the approved , pl ans. 6. Revi sed LandscaDe Plan. Prior to the issuance of the coastal development permit and within 90-days of Commission action, the applicant shall submit to the Executive Di rector for review and written approval , in consul tation with the Department of Fish and Game, a revised landscape plan, which has been approved by the City of Carlsbad, which shall incorporate the fol lowing: a. The existing grass lawn within the required buffer shall be removed and replaced with native, drought-resistant landscaping acceptable to the Executive Director in consul tation with the Oepartment of Fish and Game. The plan shall indicate the type, size, extent and location of a1 1 plant materi a1 s, the proposed irrigation system and other landscape features. ... .. .. . . .. . .. . .. . .. . " .. .. .. .. . .. .. .. .. COASTAL DEVELOP~~NT PERMIT NO. 6-96-1 59 b. Landscaping upland of the buffer shall be designed to mi tigate the vi sua1 impact of the structures as viewed from the lagoon and public access trai 1, while preserving views from the homes. The revised landscape plan shall indicate the placement of a minimum of one specimen size tree (24-inch box minimum) for every 10 feet of pad area lagoonward of the proposed building sites and arranged to maximize screening of thestructures from views from Aqua Hedionda Lagoon and Interstate 5. A minimum of 20-trees shall be provided lagoonward of the bui 1 ding pad for Lot 1 , and a minimum 13-trees shall be provided lagoonward of the building pad for Lot 2. For the tennis court, a minimum of &trees shall be provided on the lagoon side of the court. At maturity the trees shall approxi mate the height of the roof1 i ne of the residences and approximate the height of the fence surrounding. the tennis court. The required trees shall be planted within 60 days of completion of residential construction and be mai ntai ned in good growing condition for. the 1 i fe of the resi dences. The plan shall a1 so include the use of species which do not reach sufficient height to block public vi ens from Adam Street. Maintenance requi rements to assure no blockage of public vi ens must be incorporated into the approved plan. Said trees shall be compatible with the natural character of the surrounding environment Ci .e., non-i nvasive or noxi ous 1. c. A 20-foot landscaped buffer shall be planted on the property along its Adams Street frontage. However, species within the landscaped buffer shall not reach sufficient height to bTock pub1 i c views from Adarns Street. Maintenance requirements to assure no blockage of public views shall be incorporated into the approved plan. d. Installation of lateral fencing may be permitted across the site in the following alignment: on the- western side of the site. fencing may be placed at the inland extent of the buffer. On the eastern side of the site, 1 ateral fencing is allowed at the toe of the slope of the natural landform at the approximate 10-foot elevation to the eastern property line as shown on Exhibit 8. Instal lation of the permi tted fencing must mai ntai n lateral and vertical access to and along the shore1 i ne. e. PRIOR TO ME ISSUANCE OF THE COASTAL DEVELOPMENT PERHIT, the app.l i cant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director against the subject property. The restriction shall incorporate the requi rements of condition #6 to ensure that specimen-size trees shall be rnai ntai ned throughout the 1 i fe of the permi tted development. The document shall run with the 1 and, binding a1 1 successors and assigns, and shall be recorded free of prior 1 i ens that the Executive Di rector determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commi ssion-approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. .. . .. . . .. .. . . .. _. COASTAL DEWLOPI" NT PERMIT NO. 6-96-159 which are proposed within the area governed by coastal development permit No. 6-96-1 59 shall require an amendment to permi t No. 6-96-159 from the Cal i fornaia Coastal Commission or shall require an additional coastal development permit from the California Coastal Commission or from the certi fi ed local government. 1 .PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restrictions on development in the restricted area. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the restricted area. The deed . restri ction shall run with the land, binding a1 1 successors and assigns, and shall be recorded free of prior 1 iens that the Executive Director determi nes. may affect the enforceability of the restriction. mi s deed resttuction shall not be removed or changed without a Coastal-Commission approved amendment to thi s coastal development permit unless the Executive Director determines that no amendment is required. All other development proposals for the site shall requi re review and approval by the Coastal Connui ssion, or its successor in interest, under a separate coastal development permit or an amendment to this petmi t . 10. Di sDosal of Graded Sooils. Prior to the issuance of the coastal development permit, the applicant shall identify the location for the disposal 'of graded spoi 1 s. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from the California Coastal Commission or its successors in interest. No stockpi 1 i ng of exported materi a1 s shall be pemi tted on-si te during the rainy season, i.e., October to April of any year. 11 . Boat I aunch Ramp. Prior to- the issuance of the Coastal development permit, the applicant shall submit for the review and written approval of the Executive Di rector, plans for a boat launch ramp which have been approved by the Army Corps 'of Engineers , the California Department of Fish and Game and the City of Carl sbad. The boat launch ramp shall be sited and designed in a manner to mi ntai n 1 ateral and verti cal access to the shoreline, not extend into the water and be upland of the mean high tide line. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes .to the approved final plans shall -be reported to the Executive Di rector. Proposed changes to the approved final plans shall not occur without a Coastal Commission-approved amendment to this coastal development permit unless the Executive Director determi nes that no amendment i s requi red. .. .. .. _. .. . . .. ..