HomeMy WebLinkAboutV 357; Native Sun; Variance (V)A?PLICATIO: 1
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Propose construction of a 6' high qarden wall at front right of way line.
OZone Change OGeneral Plan Amendment UTentative Tract Map
Uplanned Unit Developnent
Omjor Condominium Permit ClMinor Condominium Permit OMaster Plan [ZIMajor Condominium Conversion OMajor Redevelopent Permit (check other boxes if appropriate)
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Tree "wells'l are proposed as well as landscapinq in the front of wall.
North side of Ocean Avenue - between the Pacific Ocean and AT & SF
mation of Project
Minor Redevelopent Permit Precise Developnent plan Specific Plan Site Developnent plan Conditional Use Permit
mission Determination
Special Use Permit Mhinistrative Variance
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lete Description of Project (attach additional sheets if necessary)
Railroad .
-a1 Description (complete)
. See attached Title Report
'Zone General Plan 'Existing Land Use
R-3 RMH Vacant
proposed Zone Proposed General Plan Site Acreage
Assessors Parcel N&r - le_
RMF 7.40 Acres Condos'R-3
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'R I Wall is in keeping with security concept of project (entry gate, etc.) .
Owner Applicant Name (Print or Type) N- (Print or
Native Sun Investment Group Native Sun Invest. Grp. by Robert 0. Su
Address
110 Escondido Ave., Suite 103 '1 - 'City and State Zip Telephone
Vista, CA 92083 619-941-1155
I CERTIFY THAT I AM THE LM;AL OWNER AND
AND CORRECT TO ?HE BEST OF MY KNOWLEDGE.
A THAT ALL THE ABOVE INFORMATIaJ IS TRUE
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Mailing Address
City and State Zip Telephone
110 Escondido Ave., Suite 103
92083 619-941-1155 Vista, CA
I CERTIFY THAT I AM THE CFJNER'S REPRESENTATIVE
AND 'MAT ALL THE ABOVE INEORMATION IS TRUE
AND COEW2CI' ?o TE3E BEST OF MY KN(3WLEDGE.
UP
Gross Acres (or square footage, if less than acre) 6 . 544
me R-3
General Plan Land Use Designatim Residential-Medium High Density
~y law a Variance may be approved cnly if certain facts are fand toexist.
please read -sa requir-ts carefully and explain how tb proposed
project meets each of tbse facts. Use additiaral sbts if necessary.
a) m* why tke are e-- or extraordinary circmstanct?s or ocnditiQ1s applicable to
a.pply generally to tk othr propetty or class' of use in tb s+ae vicinity ad -e: This is a development of 14 condominiums whlch take
property or to tkn intended use that do not
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access to and th rough a private drive Derore enrm d roadway. Thus, the geometric layout lends itselt t o Deinq
a Drivate community within itself.
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b) Explain w@ such variance is necessary far the presemtim rrnd enjoyment of a substantial property right possessed by omr property in
tha same vichity ani! zcne but which is denied to the pr0,oerty h Fm: Adjacent properties to the west have 5.5' privacy wal s
alona their front riqht-of-way lines. Other homes in tne
area encroach within the required setbacks trom street K.U.W.
Our variance is not even for encroachment, but tor a heiUDtR
allowance of 30" .
c) plain why tha granting of such varimci will not be materially Setrhmtal to tkre public wtlfara or hjuricw to the pro&prty 01: irrprovenmts in such vicinity and me in which ths! property is located - The variance will in no way naturally be detrimental to the public - The public will still h ave all h enerits it naa prior
to issuance of the variance. The properties in the area wlll
not be "iniured" by such variance, because it will not impact them in any way from the benefits they enjoy on their own prop- erties' today.'
d) Explain caqrehsive general plan:
- Derm itted use (comer cial. recreation, residential, etc.)
the granting of such varian~a will not atlverxly afft.ct the The variance is more for a landscape/sec-
urity measure which wou1~lc~a~ ph
tv. uajt tvDe (detached, attached units, etc.1 -
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APPixANT :
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MEbrnERS :
NATIVE SUN INVESTMENT GROUP
Name (individual, rrartncrsh &, joint venture, cor-coration, syndication)
0110 Escondido Avenue, Suite 103, Vista, CA 92083
Business Address
'.
941-1155
Telephono Ny&u
Robert 0. Sukup
Nam.
.. - same
Business Address
came
.* Telephone Numkr
1 R. Mahonev -Lividual, partner, joint . Home ?-ress
venture, coqoration, syndication)
same
~asiness Address
same
Telephone Number Telephone Sumbet
John B. Lyttle
21me Home Wdress
same
3isiness Address
same
Teiep'h0r.e Ncabrt Telephone Smber
(Attach more sheets if necessary)
I/We doclzzc uzder penalty of perjury that tSr infoneation contained in this dis-
closure is true and correct and that it will remain true and correct and may bt'
relied u_oorr as brirtg true and correct until anended.
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) Ap9licant I
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California Coastal Commission ication No . 6-83-51
San Dieqo Distrlct
6154 Mission Gorge Road, Suite 220 San Dieqo, California 92120
(-714) 286-6992 ATSS 636 5853 NOTICE OF INTENT TO ISSUE PERMIT
!larch 23, 1983 , the California Coastal Commission. approved the on___ application Of Native Sun Investment Group 9 subject to the attached standard and special conditions, for the development
described bel ow:
ncscription: Mi r subdivision of 7.65 acre parcel into three lots: Lot 1 =
2.2 acres; Lot 2 = 2.2 acrds and Lot 3 = 3.25 acres. Also,
construction of 14 condominiums and swimming pool on Lot 1.
T,ot area
Lot 1:
Building coverage
Pavement coverage.
Landscape coverage
Parking spaces
Zoning
Plan designation
Pro j c c t dc n s i t y
[It ‘abv fin rjrapk
95,832 sq.ft.
30,956 sq.ft. (32%)
32,967 sq.ft.(35%)
31,909 sq.ft.(33%)
35 .
R- 3
0-4 dua (net w.density credit)
2.5 (net)
35 ft. maximurn
<: Ltn: Parcel located northwest of Ocean St ./Mountain View Dr. inter-
st:c‘i?.on, Carlsbad, San Diego County. APN 203-010-14
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The pervi t wi 11 be held in
Cormi t. :, i ctq , pe ndi ng f u 1 f i 1 :.!:en iiwse conditions have
the San Diego D strict Office of the Coastal nient of Special Conditions 1 through 10 been satisfied, the permit will be issued.
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Page 1 of 5
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‘;@TIC: OF TNTENT TO ISSUE PERMIT, Paqe 2 of - T;
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sTAROARD COllDITIONS:
1.
2.
3.
4.
5.
6.
7.
pbtice of Receipt and Acknowledqernent. construction 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.
The permit is not valid and
- Expiration. two years from the date on which the Commission voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time. be made prior to the expiration date.
Compliance. proposal as set forth in the application for permit, subject to any special conditions set forth below.
be reviewed and approved by the staff and may require Commission approval.
Interpretatibn. will De resolTed by the Executive Director or the Commission.
Inspections. the development during construction, subject to 24-hour advance notice.
Assianrnent. assignee files with the Commission an affadavit accepting all terms and conditions of the permit.
Terms and Conditions Run with the Land. Th.ese terms and conditions shall
be perpetual, and it is. the intention cf the‘Commission and the permittee tJ bind all future owners and possessors of the subject property to the terns 2nd conditions.
If construction has not commenced, the pernit will expire
Application for extension of the permit must
All construction must occur in strict compliance with the
Any deviation from the approved plans must
Any questions of intent‘or interpretation of any condition
The Commission staff shall be allowed to inspect the site and
The permit may be assigned to any qualified person, provided
- S2 EC I AL COllD I T ICNS :
1.
shall su1:niiL a revised site plan, any associated floor or grading plans which
eliminate any alteration of the bluff face by re-siti.nq the units generally .
i,chirid the 30 I.(.. contour liiic on the northwesterly and westerly slopes
(or as :il;eci Ej.cal1y Shawn on Exhibit C) , relocating the proposed swimming
p~ol an2 dCckL; back of the blufftop development line and relocating the
prcpoL.+ J ;>ris...it.c beach stairway towards Build-lngs D and E in tho vicinity
cf thc ~ro~ii-~d dirt road. Said plans shall he submitted to, reviewed and
ZLCCci *tt.:(l ir; wri ting fly the Executivc Director.
2. Opcn F!,ace E:a>serntnt/”,luff Face.
I- Huviscd Sitc Plan. .Prior t.0 transmittal of the permit, the applicant
prior to the transmittal of a permit, -.- -- -__I_--- the .afll’lic2:it shall record an ixrevocahle offer to dedicate to a public
agc IIC-;, c:r to a private associati.cn acceptab1.e to the Executive Director,
an oi:c‘ii s~mcc: t:ascmerit over the bluff face as shown in Exhibit D. Said
npcsn S~GIC~, c>a!:mw\nt shall proliibit any alteration of .landforms ,. placement
or r(mc)vLil of vPgc:tation, or erecticin of structures of any type, unless
al’provcd f.1~ t.11~ Califorui a coastal c’onunissj on or, its successor in interest.
Thc offcr shrill be irrovocahle for a period of 21 years, shall run in favor
of ttx Peoijli. of thc Statc of California, binding successors and assigns
of tile ~71.1:lic~t:lt: and/or lciridowncrs, and shall. bc recorded prior to all
othilr li ciis Llild cncuii&raiic.cs exCe>lrt tax lieus. The offer to dedicate shall
bc> 111 a fori!i c~ritl of corit1:iit a(:c?~)td>lc to the Executive Dircctor and the
docunrrilt :;?la i 1 i xicludr lecjal descriiJt.ions of both thc applicant's entire
1Jarci.l iind t;h~ ca:scmt~nt. circa. ..
4. :.lc.io;f - ___ - Corltrol. E'ri.or to thc! transmittal of the permit, the applicant - shall ::tl;.:yii t ruix~f f CCJIltKOl i)lari l1rep;ircd by a liccnsed engineer qualified
in h~d!-(J]~,~j~ ,iritI t~ydrau! ic:; wnicli would acr:;iirc. that there will be no increase
in l!*.<i'. ~<.J:>(I Vi' 'rat<: Frcm ttic devclo;.cd site Over the greztest discharge
tx; tis: 1 ~-?-(JIP. tlir r.uistincj ~indt?vcI.opcd site 2s a result of a 10-year
frL :IC...'~- .>f-(.)rr::. Rui-ioff ccntrol shall b:_. accomplishcd by a variety of
I'I.:JSUT, .), i!.!-!udir!,;, but not liniiL.cd t.o, on-site catchnlent basins, detention
bas I t?.;, si l_t,iti c>ri ;.raps, arid cn2rgy dissipators , and shell not be concentrated
iri ont. .ir.t'Li. Su1J-Jrainiicjcb .cystcms, if neccssary, to remove groundwatcr fryn
the b:l~:f i-~; sti2l.L also hc incorporated. Sai.2 plans including supporting
calcul I. t i'jrij shall I.!e submitted to, reviewed and accepted in writing by the
F:xc?cut- 1 I.-%: Dircctor. The ap[1licant shall also submit, for his review and
origoi.rt_( rt pair and maintenance for all approvtd and erosion-control facilities.
i.n writing , dztailed maintenance arxangements for providing the
a) Gr,adincj ,activity sl;all bc prohibited daring the rainy season from
0c:toLc . l.,t 10 Ai'r-~l 1 .>t of' ~ach yt'ar.
L) All cjrd<:d arts,.:; shall. tie landscapcd prior to October 1st of each
year wi.tb, c itficr tern!:,Jr.Lxy or permanent landscaping materials , to reduce
erc>sio:i ;ut-ential. Su(:h lar!dscaping shall be maintained and replanted if
not WP 11 --ril;td)lished by Dece'mblcr 1st following the initial planting.
;JOTI:X (>I’ rrm:”r TO ISSUE PERMIT, Page 4 of 5
~p! lication No. 6-83-51
c) All peraanent erosion control devices shall be developed and
instcillcd concurrent with or prior to any on-site grading activities.
d) Sjndbsgs, gravelbags and temporary drainage basins shall be
instal.Ir:d ;\lonc~ all fill slopes and along the shoreline of Buena Vista
Lago?n durincl graciing and construction operations.
6. --.-_- &)en Smct? Eascmcnts/Mabitat Protection - and Buffer Areas. Prior to
transmittal of a Iic’Linit, thc aylplicant shall record an irrevocable offer to
dc-dic:;ltt! to a IJub.Lic agcncy, or to a private association acceptable to the
Executive Director, an olxn space eascm:>nt over Lot 3 of the proposed sub-
division as shown on Exhibit E. Said opcn space easement shall prohibit
acy i11 t crntion oE landforms, the 1.1acernent or removal of vegetation except
as sf)(\(-’ i ficd iic:raJin. Thc irrcvocablc offer to dcdicate an opcn space easement
sfml 1 i n.~l.a~Ic rr>r~~Ji.t:ot)s prohibitin7 any future land divisions, commercial or
rczidt-i,t- i :11 *!(-vn2 loilmcnt brit cxprcca;ly rcciv:jnizirq thc right of access to the
wej r ~(JL n~ti iitcniiltcc purposes. It shall also recoqiiizc the right. of the
acct.1 &L iritj .19cnc}’ to conduct activi tics witiiin t.hc open space area which
wou1.i f*:,i!ia!lct: t !IC lagouii 1i;iLitat by drc-dqing or ot1ic:rwisc rercoving fill.
The uf fer stid11 rccoyriizc tiidt the crcction of some public access improvements
nic3;. I,? dl lc)rN( t-i, in consultation with the State Dcllartment of Fish and Game, ;ins L->U!JJ ca;t LO i’oa:.tal Conmission pcrrcit requirements.
Th: r;ff,:r ::iiitll bc irrcvoc.-hle €or a period of 21 years, shall run in favor
of t!~.c ?c:t)!~lc of the State of California, bindlny successors in assigns
~>f ti:(. <i:)i,? i.:.tilt Litid,/Oi- lmdowners, and shall &e rccordcd prior to all other
li(:i!*; ailrl .!n:.un&,rnnces exccpt tax liens. The offer to dedicate shall be ir,
a fot i!i tlriti of content accc1)table tg the’ E;xecutive Director and the document
ski,)?. 1 i!?. !cde !1!qa1 dcscriptions of both tile applkant’s entire parcel and
c;i ii Xt-Ilt .:.reas.
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7. LandscaIjing. Prior to transmittal of a coastal devcl.opment permit for - thc subjei.t I‘roject, a detailed landscape plan indicating the type, size,
e.<ttin:: arid l:>cati on of plant mclterials, the proposed irrigation system, an2
c~c:it:r landicaiw featurcs shall be submitted to, reviewed, and det.;rmir,ed
adt.*qti?i tc in writing by the Executive Director. DrourJht tolerafit and
salt-tolt.rlirit plant materia1.s shall be utilized tc the maximum extent
feasible.
8. 1:atpral Access. Prior to transmittal of the permit, the Execu’tive _-.I_-____ Director :-!ialI certify in writing that the following condition has been
satis:id.
ad cuntcn t 2L,i)roved by the Executive Dircctor of the Commission irrevocably
offcririg t.0 dcdicnte to a public agency or private association approved by
tile Esticut.ivc Dircctor , an easement for public ‘ access and passive recreational
use along t:lc shoreline.
from interfering with present use by the public of the areas subject to the
easement prior to acceptancr: of the offer. Such easement shall be located
over and throuyhout Lot 2 and Lot 3 of the proposed subdivision, as shown
The apiiliczint shall exocute and record i! document, in a form
The ,document snall also restrict the applicant
on Exhibit F;
tax liens and free of prior encumbrances which the Executive Director
determines my affect the interest being conveyed. The offer shall run
with the land in favor of the People of the State of California, binding
succcs:<ors acd assigns of the applicant orlandowner. The offer of dedi-
cation shall be irrevo'cable for a period of 21 years, such period running
from the date of recording. The document shall include legal descriptions
of both the applj.cant's entire parcel and the easement area.
Such easement shall be recorded free of prior liens except
3. Archaeological Resources. The applicant shall comply with the
adopted mitigation measures on cultural resources in the certified E.I.R.
for thc project.
it'!. \'< )~1r;3ination (if Permit Approval With Implied Dedication Claims of . . -. -- .-.-- 5tdt.e ldl(i!, <'uirimi.:is Lvn. Prior to commencing any grading, construction, or physical
~1i~;t.ur.h;lricc of an-f kind of the bluff top portion of the Native Sun property (Lot 1) ,
.;I i~1 i i,;iiit. :;hall provide the Executive Director with written documentation that the
1 it iljatiuii concernincj i.mi'lied dedication rights in favor of the public over the
'vi!? icct i,ro:x.,rty, Nativc? Sun Investment Group v. State of California, et al.,
'.c~~~ I)~V~O ';iip\rior C'ourt. No. N184'15, has been resolved by one of the following means:
. -. - -- ----
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1. A final judqment has been entered on the subject of the public's
I in111 icd dedication riqhts and the appellate review process has
11. I I! '3xtlaU:;tcd:
3. 'I',II iF[Jlj cd dedi cation issue has been' settled between the parties
OlIt IJf Court.
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Application No. 6-82-538
Sari Diego District
6154 Mission Gorge Road, Suite 220 San Diego, California 92120 (714) 280-4992 ATSS 636-5868 NOTICE OF INTENT TO ISSUE PERMIT
On March 23, 1983 , the California Coastal Commission approved the appl i cation of Cecil A. Smith . Y subject to the attached standard and special conditions, for the development described below:
Description: Subdivide 23.6 acres into 16 parcels with the parcels rangiriq
in size from 1.05 acres to 1.55 acre.s each.'
involves site preparation including installation of utilities,
construction of roads and approximately 112,644 cllbic yards of
cut and 140,000 cubic yards of fill.
Pxoject also
.. - .. - Lot area .. .-
Zoning
23.6 acres TS/'C. . -- ---
Plan designation Travel Services and
General Commercial
-. -- Site: West of Interstat&-5, north of Poinsettia Lane-and east of
Avenida Encinas, Carlsbad, San Diego County.
APN 214-150-15
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The permit will be held in the San Diego District Office of the Coastal Commission ,'\,pending fulfillment of Special Conditions-Il_throuqh 6 When these conditigns have been satisfied, the permit will be issued.
gdPdi4q homas A. Crandall
District Di rector
bY
NOTICE OF INTENT TO ISSUE PERMIT, P.age 2 of 6 .
Application No.< 6-82-538
STANDARD CONDITIONS :
1.
2.
3.
4.
5.
6 ..
7.
Notice of Receipt and Acknowledgement, construction shall not connence 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.
The permit is not valid and
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Expiration. two.years from the date on which the Commission voted on the application. Construction shall be pursued in a diligent rnznner and completed in a reasonable period of time. be made prior to the expiration date.
Compliance. proposal as set forth in the application for permit, subject to any special
conditions set forth below. be reviewed and approved by the staff and may require Commission approval.
If construction has not commenced, the permit will expire
Application for ex.tension of the permit must
.. .. .. All construction rust occur in strict compliance with the
Any deviation from the approved plans must
Interpretation.
will be resolfed by the Executive Director or the Commission.
Inspections. the development during construction, subjzct to 24-hout- advance notice.
Any questions of intent or interpretation df any condition .
The Commission staff shall be allowed to inspect the site and
-_I_ Assianment. assignee files with the Commission an affadavit accepting a17 terms and conditions of the permit.
The permit may be assigned to any qualified person, provided
Terms and Conditions Run with the Land. These te'rms and conditions shall be perpetual, and it is the intention of the Cmmission and the permittee to bind alI future owners and possessors of the subject property to the terms and conditions.
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SPECIAL CONDITIONS:
1. Agricultural Conversion Fee. Prior to the transmittal of the coastal
development permit the-applicant shall comply with all of the following require-
ments : -
A. Deed Restriction. The applicant shall submit to the Executive
Director a deed restriction for recording, free of prior liens except
for tax liens, that binds the applicant and any successors in'interest.
The deed restrition shall stipulate that: prior to the sale of the
property or any porti.on of the property, or prior to the transmittal
of a coastal development permit (s) for construction on the property,
whichever occurs first, that compliance with the terms and conditions
of California Coastal Commission coastal devcloymcnt permit 6-82-538
rccjarding the payment of the "Agricultural 'Convcrsion Fee (s) " shall
he fulfillcdi and, the dced restriction shall include thc required
conversion fee payment schcdu.lc required below in special condition
-- 1-n. T~IC final su)xlivi.cion map sliall al.so includc thcsc provisions
and i~roof of cmpliancc with this rcquircriicnt ,shall bc pravi clcd to
tlw Exccutiva Director.
.
NOTICE OF INTENT TO ISSUE PERMIT, Paqe 3 of 6
Application No. 6-82-538 -
SPECIAL CONDITIONS - continued:
B. Conversion Fee Payment Schedule. The applicant shali prepare and
submit to the Executive Director an agricultural conversion fee schedule
for his review and approval. The fee schedule shall state the dollar
amount of the conversion fee foq each of the-sixteen (16) parcels
created by this subdivision. The overall conversion fee shall be
the agricultu'ral conversion fee of $24,050 as periodically adjusted
The conversion
fee for each of the 16 parcels shall be determined by requiring *
payment based on the percentage of net developable acreage for each
parcel in relation to the overall net developable acreage for the entire
property, and by-multiplying that percentage times.the overall convery
sion fee amount. k note shall be included in the deed restriction
required by condition l-A that the conversion fee amount shall be
adjusted as per the language contained in special condition E.
conversion fee amount for each of the sixteen parcels shall then be
reduced by 15% to obtain the "actual'' conversion fee (15% of the total
conversion fee is required to be paid by the applicant under special
condition C-3-a).
based on the gross acreage of the pdLcei (23.6 dcre5.j icuicipled by --.
,consistent with special condition c-4 stated below.
The
C. Compliance with the "Agricultural Subsidy -- Agreements". Applicant
shallcomply with the following and shall present certification by the
Coastal Conservancy that compliance has occurred befoke the coastal
development permit will be released:
.
1. Applicant shall fulfill all the requirements of the "Agricul-
tural Subsidy Agreenent" previously entereg into between the Conscr-
vancy and Applicant, and recorded February 3, 1302, as document number
031-200 in the official records of San Diego County., including
the following provisions:
2. Security for the payment of any Agricultural Conversion Fee
or Fees to be provided under this Agreement shall be posted by the
applicant landowner after Coastal Development Pcrmit approval and
prior to the transmittal of the Coastal Development Permit. The
obligation to pay the Agricultural Conversion Fec shall be sccured
by any one of the following:
(a)
corporate sureties;
Bond or bonds by onc or more duly authorized
.-
(b) A dcposi,t, either with the CONSERVANCY or a
responsib1.e escrow agent or trust company, at the .
option of the CONSERWJACY, of money or ncgotiable
bonds of the ki'nd approved for securing deposits
of public monies;
Application No. 6-82-538
SPECIAL CONDITIONS - continued:
(c) An instrument of credit from one or more finan-
cial institutions subject to regulation by thf? State
or Federal government and pledging that: the funds
necessary to carry out the payment of the Agricul-
tural Conversion Fee are on deposit and guaranteed
for payment.
3. Payment of any Agricultural Conversion Fee under the recorded
Agreement shall be made as follows:
, "\,
(a) Within six (6) months following the conditional
approval of .the Coastal Development Permit the appli-
cant shall advance to the CONSERVANCY fifteen percent
(15%) of the total amount of the Agricultural Convcr-
Permit is approved. The amount of security posted
under subparagraph (2) , above , ' shall be reduced to
reflect the payment so Qade, upon the request of the
applicant.
-
__. sion Fee due for the parcel for which the Coastal
- (b) Prior to the sale of the property or any portion
of the propcrty, or prior to transmittal of a coastal
development permit(s) for construction on the property,
the balance of the Agricultural Conversion Fee for the
area which is being sold or for which a coastal dev-
elopment permit has been issued shall be paid to the
CONSERVN.!CY, adjusted as required finder paragraph (4)
below.. Upon payment of thebalan'cc of the Agricultural
Conversion Fee, the balance of thr sccurity deposited
pursuant to paragraph (2) above, ~~~11 be released by
CONSERVANCY.
While any portion of an Agricultural Conversion Fee remains 4.
dn@ .?.fid p?yahlei si.!ch &mount shall be periodically adjustcd according
to the change since May 1981 in the U.S. Dcpsrtment of Labor Consumer
Price lndex, all urban consumers, all items index, f.or San Diego,
California, with the initial adjustment to be madc on January 1, 1981,
and successive adjustments to be made on January 1 of each calendar
year thereafter;
D.
ments of the "Agricultural Subsidy Agreemcnt" entered into between
the Commission and the Applicant and recorded February 3, 1982, as
documeiit number 031-208 in the Official Records of San Diego County.
Applicant and Coastal Commission shall comply with the require-
', 2. Drainage and Erosion Controls'. Prior to the transmittal of the permit,
the applicant shall submit a sitc-specific report prepared by a qualified pro- - fessional identifying mitigatio:l measures needed to avoid increased runoff and
soil erosion.. This report .shall bc kviewcd:and approved in writing by ti);
Executive Director and shall Lc: sujcct to thc requirements of the model
Application No. 6-82-5 38
SPECIAL CONDITIONS - continued:
erosion control ordinance contained in the Appendix to the Carlsbad Mdster
Drainage Plan (June, 1380), and to the additional requirements contained
herein.
a minimum, such mitigation shall require construction of all improvements shown
in the Master Drainage Plan for the area between the project site and tile Lagoon
(including the debris basin), as well as:
to the months of April through September of each year; revegetation of graded
areas immediately after grading; and a mechanism for permanent maintenance of
erosion control and' drainage improvements , if fhe City declines to accept the
responsibility. Construction of drainage improvements may be'through fokmation
of an assessment district, or through any similar arrangement that allots costs
among the variois landowners in an equitable manner.
Such mitigation shall he installed prior to the initial grading. .At
rcstriction of grading activities
.- 3. Land Use Restr-iction. Prior to the transmittal of the coastal develop-
ment permit the applicant shall submit to the Executive Director a deed restric-
tion for recording, free of prior liens except for tax liens, that binds the
applicant and any successors in interest.
that the property may be developed only with those uses-identified in the City
of Carlsbad approved "Specific Plan" for <he subject property, a copy of which
is attached as Exhibit ti4 to the staff recommendation and findings adopted by
the California Coastal Commission for coastal development permit 6-82-538. Any
uses not listed in Exhibit #4 of coastal development permit 6-82-538 are not
perniitted unless approved by the California Coastal Conmission or it.s successor-
in interest.
The deed restriction shall stipulate
4. Map and Deed Notice. The following statement shall be included as a
condition of approval on all parcel and final maps and in each parcel deed:
This land is located in the vicinity of property utilized for
agricultural purposes, and residents of the subdivision may be
subject to-inconvenience of discomfort arising from the use of
.agricultural chemicals, including herbicides, pesticides, and
fertilizers; arid fr-m the pursuit of agricultural operations,
including plowing, praying, pruning and harvesting which
occasionally generate dust, smoke, noise and odor. The City
of Carlsbad has established agriculture as a priority use on
productive agricultural lands, and residents of adjacent
property should be prepared to accept such inconvcnienccs or
discomfort from normal, necessary farm operations.
5. Import Material. The application indicates that 27,366 cubic yards of .. material will be imported from the property located to the south (reference
application 6-82-536).
simultaneously, a temporary erosion control plan shall be prepared and imple-
mented for the borrow site.
Director prior to the commencctqcnt of grading activities.
Tf site preparation for the two projects is not done
Said plan shall be'approvcd by the Executive -
NOT.ICE OF INTEYT TC) I3SLZ PERYIT, Page 6 of 6
.*
Application No. 6-82-5 38 '
SPECIAL CONDITIONS - continued:
.
6. Scenic Preservation Ovcrlay/Development Standards. Prior to the
transmittal of the coastal development permit the applicant shall submit to
the Executive Director a deed restriction for recording, free of prior liens
except for tax liens, that binds the applicant and any 6ucccssors in intercst.
The deed restriction shall stipulate that the property be developed in accord-
ance with the "Development Standards" contained in the City of Carlsbad
approved "Specific Plan" for the site (City of Carlsbad Ordinance No. 9660)
and as modified in California Coastal Commission coastal development permit
6-82-538. Any changes to the Specific Plan approved by the City shall also
require approval by the California Coastal Commission or its successor in
interest.
'
The following modificatioo.s..to the specific plan shall be fulfilled prior to
the transmittal of the permit. -.
A. The required architectural guidelines, overall landscape
standards and lighting plan shall be submitted to the
Executive Director for revie$ and approval.
B. The comprehensive sign program shall be submitted to the
Executive Director for review and approval. One freeway . . oriented, freestanding sign for the specific plan area
shall be permitted. This sign shall only identify the
center and shall not identify%individual uses. This
sign shall have a maximum height of 15 feet above
elevation and a maximum area of 150 square feet.
freeway
.
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