HomeMy WebLinkAboutLCPA 88-02; Von Der Ahe Company; Local Coastal Program Amendment (LCPA) (5)-
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STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Gorrmor
Date July 21, 1989 CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DEL RIO SOUTH, SUITE 125
SAN DIEGO, CA 92108-3520 Application No. 6-89-1 10
(61 9) 297-9740
Page 1 of 6
NOTICE OF INTENT TO ISSUE PERMIT
On July 11, 1989 , the California Coastal Commission approved the application of Carlsbad Retail Associates, Johnson Wax Dev. Corp., subject to
the attached standard and special conditions, for the development described
below:
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 Coverage
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-2-9, RP-Q, RD-M
Commercial/Residential (6 dua)
45 feet
Site: Northwest corner of El Camino Real and Alga Road, Carlsbad, San
Diego County. APN 215-050-65, 64, 63, 61 and a portion of 60
The permit will be held in the San Diego District Office of the Commission,
pending fulfillment of Special Conditions 1.2,3.5.6,7,& 9 . When these
conditions have been satisfied, the permit will be issued.
CHARLES DAMM
DISTRICT DIRECTOR
BY
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NOTICE OF INTENT TO ISSUE PERMIT NO. 6-89-110 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.
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. 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.
Application for extension of the permit must
The permit may be assigned to any qualified person, provided
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 Commercial 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.
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-89-110
Page 3 of 6
SPECIAL CONDITIONS, continued:
B. 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.
Phase 2 - Librarv Construction. Prior to issuance of the permit for
C. Phase 3 - Post Office. Prior to issuance of the permit for the 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.
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.
B) 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. The open space may include non-steep areas
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.
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
NOTICE OF INTENT TO 1SL-c PERMIT NO. 6-89-110
Page 4 of 4
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
quality coastal sage scrub and chaparral habitat.
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.
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:
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-89-110
Page 5 of -6-
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. Gradinq 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.
B.) 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 consultat'ion 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.
NOTICE OF INTENT TO ISSUE PERMIT NO. 6-89-110
c Page 6 of 6
SPECIAL CONDITIONS, continued:
Landscaping shall include the use of specimen-sized trees to provide a landscape screen to buffer development from views from El Camino 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. Archaeolosy/Paleontology. A limited testing program followed by a
program of implemental 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. Sisnase. 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
freestanding (other than eight-foot-high monument) or roof signs and shall
prohibit any off site signs.
and written approval of the Executive Director. Any additional signage for
the library or post office shall be submitted prior to issuance of the permits
for Phase 2 and 3 of the project.
The sign program shall be subject to the review
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