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HomeMy WebLinkAboutLCPA 88-02; Von Der Ahe Company; Local Coastal Program Amendment (LCPA) (3)h c fi GFORGE DEUKMFJIAN, Governor ___~ STKTE OF CALIFORNIA-THE RESOURCES AGE! CA LlFORNlA COASTAL COMMISSION COASIAI- 0EVF.L OI’MtNI PkHMl I NO. -- 6-99-1 10 SAN DIEGO COAST DISTRICT 1333 CAMINO DEL RIO SOUTH. SUITE 125 I’agc 1 of 6 SAN DIEGO, CA 92108-3520 (619) 297-9740 Phase 1.- Grading and Commercial Development On July 17. 1989 , the Cal.ifornia Coastal Commission granted to this permit for the development described below, subject to the attached Standard and Special Conditions. Carslbad Retail Associates. Johnson Wax Dev. Corp. Description: Construction of a 212,500 sq.ft. retail shopping center with 146,200 sq.ft. of retail space, a 58,000 sq.ft. library and a 22,000 sq.ft. post office on a vacant 28.5 acre site. requires 150,000 cubic yards of balanced cut and fill. Project Lot Area Building Coverage Pavement Coverage Landscape Cove rag e Parking Spaces Zoning Plan Designation Ht abv fin grade 28.5 acres 212,500 sq. ft. (17%) 730,500 sq. ft. (59%) 298,000 sq. ft. (24%) 1,222 C-2-Q, RP-Q, RD-M Comercial/Residential (6 dua) 45 feet Site: Northwest corner of ’El Camino Real and Alga Road, Carlsbad, San Olego County. APN 215-050-65, 64, 63, 61 and a portion of 60 Issued on behalf of the’ California Coastal Comission by PETER DOUGLAS Executive Director and IMPORTANT: THIS PERHIT IS NOT VALID UNCESS 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. Date 1' * COhS I AL DLVkLOPMt-N1 PI1 I NO. 6-89 -1 10 Page 2 of 6 ' STANDARD CONDITIONS: 1. 2. 3. 4. . 5. . 6. 7. 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 off ice. 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. be made prior to the expiration date. Application for extension of the permit must 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. condition will be resolved by the Executive Director or the Commission. Inspections. The Comission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Any questions of intent or interpretation of any Assiqnment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit. The permit may be assigned to any qualified person, provided 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. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Phasing. The coastal development permit may be transmitted in three phases permitting portions of the development to occur prior to City and Executive Director review of building plans for the post office and library. A. Phase 1 - Gradins and Comercial Development. Prior to issuance of the coastal development permit for all proposed improvements except for the construction of the post office and library, the applicant shall comply with all of the Special Condition Nos. 2 through 9 below. * COAS I AI. U€VkLOPMtNl f-Y Page 3 of & ’ SP€CIAI. CONDZTIONS, cont ‘I NO. 6-89-110 nued : 8. Phase 2 - Library Construction. Prior to issuance of the permit For the Library, the applicant shall submit to the Executive Director for review and written approval, the City-approved final buildings for the library. These plans shall be in substantial conformance with the conceptual plans provided with this application. C. construction of the post office, the applicant shall submit to the Executive Director for review and written approval, the City-approved final building plans for the post office. These plans shall be in substantial conformance with the conceptual plans provided with this application. Phase 3 - Post Office. Prior to issuance of the permit for the 2. Open Space/Steep Slope Preservation. Prior to the issuance of a coastal development permit, the applicant shall identify an open space area to be secured as permanent open space on the Westana Viewpoint subdivision (Carlsbad Tract No. 85-34) adjacent to the west. The secured open space shall be subject to the Executive Director’s review and approval in consultation with the Department of Fish and Game and shall meet the following criteria: A) Preservation of a minimum 21,780 sq.ft. of steep slopes naturally vegetated with coastal sage scrub and chaparral on or contiguous with the open space area approved pursuant to Coastal Development Permit Nos. 6-89-146 and 6-89-171. This requirement is to provide for retention of an equivalent amount of steep slope habitat in open space as that which is permitted to be disturbed, pursuant to the submitted site plan attached as Exhibit 2 and dated December 7, 1988. 8 8) Preservation of an additional 1.5 acres of open space on or contiguous with the open space approved pursuant to Coastal Development Permit No. 6-89-146 and 6-89-171. containing oak woodland, coastal sage scrub and chaparral vegetation or steep areas with vegetation which is disturbed or of limited quality to be enhanced pursuant to Special Condition No. 4 of this coastal development permit. The open space may include non-steep areas C) subject to the review and written approval of the Executive Director in consultation with the Department of Fish and Game. The secured open space shall be shown on scaled topographic maps and D) offer to dedicate an open space easement, pursuant to Special Condition No. 3 below. The approved open space area shall be permanently.protected through an * COA5'1AI. DtVtl.OPMtN7 Pcll I NO. 6 -89-13 Page 4 of - 6 h SPECIAL CONDTIONS, continued: 3. Offer to Dedicate Open Space Easement. Prior to the issuance of a coastal development permit, the applicant shall submit evidence that an irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area shown on the attached Exhibit "3" and generally described as the open space area proposed under Coastal Development Permit Application No. 6-89-171, has been recorded. The recorded document shall include legal descriptions of both Westana Viewpoint's entire parcel(s) and the easement area. The offer shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding successors and assigns of the applicant and/or landowners, and shall be recorded prior to all other liens and encumbrances, except tax liens. The offer to dedicate shall be in a form and content acceptable to the Executive Director. 4. Steep Slope Restoration. Pursuant to Special Condition No. 2.8) above, prior to the issuance of the coastal development permit, the applicant shall submit a restoration plan for the review and approval of the Executive Director in consultation with the Department of Fish and Game, to restore any habitat areas with vegetation that is currently disturbed or of limited The restoration plan shall indicate the type and size of plants to be used, method of planting, irrigation necessary, and a continuing maintenance program to assure success of the restoration plan. Restoration of the steep slopes shall be completed prior to October 15 or within 30 days of the completion of grading for the project site, whichever occurs first. The applicant shall conduct a post project visit and submit an assessment of the conditions of the enhanced habitat area on or before October 15 of the second year following the installation of planting. At that time, the Commission staff in consultation with the Department of Fish and Game, shall concur that 90% coverage has been achieved, or if 90% coverage has not been achieved within the specified time frame, the applicant shall plant additional vegetation to achieve 90% coverage on or before March 1 of the subsequent year. The applicant shall conduct a post-project assessment of the mitigation project in the month of October on an annual basis for five years following the achievement of 90% coverage. If at any time 90% coverage is not provided, the applicant shall revegatate the area to achieve 90% coverage within 90 days of the site visit. ' . quality coastal sage scrub and chaparral habitat. 5. Erosion. Sedimentation and Drainage Control. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and written ,approval of the- Executive Director an erosion, sedimentation and drainage control plan for the project, approved by the City of Carlsbad, including associated roads and utilities. The plan shall be prepared and reviewed in accordance with the 1980 Master Drainage Plan for the City of Carlsbad, including the Model Erosion Control Ordinance contained in the plan. The erosion, sedimentation and drainage plans shall include: ' COASIAL DkVtLOPHt-N1 P-11 I NO. 6-89 -110 Page 5 of SPECIAL CONDITIONS, continued: A) A runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year, 6-hour frequency storm. Runoff control shall be accomplished by a variety of measures, including but not limited to: on-site catchment basins, detention basins, siltation traps and energy dissipators. B) Detailed maintenance arrangements and various alternatives for providing the on-going repair and maintenance of any approved drainage and erosion control facilities. If the off-site or on-site improvements are not to be accepted or maintained by a public agency, detailed maintenance agreements binding the applicants and their successors in interest shall be secured prior to the transmittal of the permit. Such agreements shall be subject to the review and written approval of the Executive Director. 6. Grading Activities. Prior to the issuance of a coastal development permit, the applicant shall submit final grading plans which incorporate the . following: A.) All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. . 6.) All grading activities, including that required for streets and utilities, shall be prohibited within the period from October 1st to March 31st of each year. . C.) All areas disturbed by grading, by not completed during the construction period, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and landscaping. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. 7. Landscaping. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed landscaping plan indicating the type, size, extent and location of plants and hydroseeding material, irrigation systems and other landscape features for the proposed project. The plans shall be subject to the review and written approval of the Executive Director. Drought tolerant plant materials and native vegetation shall be utilized to the maximum extent feasible. 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, the adjacent native vegetation. SPECIAL CONDl710NS, continued: Landscaping shall include the use of specimen-sized trees to provide a landscape screen to buffer development from views from El Carnino Real. The landscape plan shall also include the use of a native vegetation to the maximum extent feasible along the western limits of grading and the provision of riparian and wetland species within and around the detention basin in the north east corner of the project site in order to provide a naturalized habitat ,in these areas. 8. Archaeology/Paleontology. A limited testing program followed by a program of implernental preservation and/or impact mitigation for sites identified in the Negative Declaration for the the project shall be completed as recommended in the Negative Declaration and required by the City of Carlsbad. Any change in this requirement shall be reported to and subject to the written approval of the the Executive Director. 9. Signage. Prior to the issuance of the coastal development permit, the applicant shall submit a comprehensive sign program for Phase 1 of the project. The sign program shall prohibit the erection or placement of tall prohibit any off site signs. the library or post office shall be submitted prior to issuance of the permits for Phase 2 and 3 of the project. * freestanding (other than eight-foot-high monument) or roof signs and shall . and written approval of the Executive Director. Any additional signage for The sign program shall be subject to the review . (91 1 OP)