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Home My WebLink About6-83-613; |COASTAL COMMISSION|Sears Savings Bank|; 89-079295; Easement'+ * * * EXH1B1T H R :4J jrj ,pg .- % <" tj Recording Requested by and 0763 When Recorded Mail To: .. . . ..: >:_" . - .... .-. .. .. .. . - .- .. ....-. i__. . -. . ~ . . " "_ " .~ .. .:_ . . . .. " . - - . . . . . . ,. -2 c . - .. - .. .. -., . ., . . . : . ~ City Clerk City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 .F." "" 1 f p:,- Dl% ii -4 .% .:- :.-f - " f: $3 .~ J & :",-. i ri' i ii ; 4 I 3 +I : .~ _.-._.. i . i<.I,I . . ----.,- .... i ..,..... _-._" . . . .. ". -. . . - .~ . . . ..-i :i i -_. -, " . .- . ...~"~ . ~ . .. - I ~" i ~ -..: --~.,.,- ".-... . ..~ __._, ---;.:;:z2 % ="" A CERTIFICATE OF ACCEPTANCE This is to certify that 1 .. hereby accepts the Offer to Dedicate for Permit No. 6-83-613 Executed by: 'NO FEI Sears Savings Bank on October 30 , 195 and recorded on December 99 1986 As Instrument No. 86-573112 of the Official Records in the Office of the Recorder of - San Dieso County. February 9, 1989 BY k Dated For The City of Carlsbad - STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 on February 9, 1989 , before the undersigned, a Notary Public, personal 7y appeared *letha L. Rautenkranz 9 1SS /X/ personally known to me / / proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as City Clerk of the corporation/agency therein named and acknowledged to me that the corporation/agency executed it. ************T**o*~***r******$* .. * * .F * ..+::: ,., OFFICIAL SEAL * * KAREN R. KUNDTZ $ * .NOTARY PUGLIC-CALIFORNIA 2 SAN DlEGO COUNTY * Mv Cornm Exp Sept. 27, 1989 $ F $****************************% w'/ // \- ' *. 7-3 J c__ Cl'v OF CARLSBAD - AGEN'bqILL *** K".. I- KiTI.? T MTG. 2/7/89 ACCEPTANCE OF STATE COASTAL DEPT. "-.-.. , - CONSERVANCY OPEN SPACE AND ACCESS EASEMENT/DEDICATIONS CITY MGRSk t I n ud .> 0 E a 2 .. 2 0 6 a =! 0 z 0 3 0 RECOMMENDED ACTION: Adopt Resolution No. q?-3/ formally accepting seven (7) access and two (2) open space easement dedications from the California Coastal Conservancy. ITEM EXPLANATION: On July 5 and August 23, 1988, the City Council approved an agreement and subsequent amendment with the California State Coastal Conservancy to apply $100,000 of Conservancy funding :toward two (2) beach access stairways. Both stairways are a part of the Carlsbad Boulevard Blufftop Walkway project currently under construction. One stairway is opposite Hemlock Avenue; the other is opposite Maple Avenue. One of the standard conditions of Coastal Conservancy grant funding is the requirement that the municipal recipient accept all outstanding easement dedications within its local jurisdiction. This condition fulfills a long standing Conservancy policy of transferring easements held by the State to a local governmental agency. These easements are granted to the California Coastal Commission by private property owners as a condition of receiving Coastal Development Permits. The City's agreement with the Coastal Conservancy identifies for acceptance the following seven (7) access and two (2) open space easements: Coastal Commission Local Street Type of Easement Permit No. Address Dedication 6-86-278/AB 5099 Shore Drive lateral beach access 6-86-492 3037 Ocean Street lateral beach access 6-85-492 3037 Ocean Street vertical beach access 6-83-81 2445 Ocean Street lateral beach access 6-87-36 5-77-81 6-83-613 4301, 4311, 4321 lateral lagoon access Brooks Way 2599, 2601, 2603 open space Ocean Street 4167 Harbor Drive lateral and vertical lagoon access 6-83-613 4167 Harbor Drive open space F1045, 2590, 2875 2701 Ocean Street vertical beach access T' 1 - t 2 &@EDtX REQUtSTED 91 WUTIIIWK c.; * 4 "0" /. i k Return [iriginal To'and @ 573112 < *> I* Recording Reuuested. BY: - ** State of Ca I ifornia - - 1 California Coastal Comnission, - !OF OFFICIAL SAN Dm f??CDRQS "UNJy, CA. , 1 631 Howard Street. 4th Floor .. -7 - RECORD&@ IN .. rnia 94105 . 1% DEc -9, AH /@ 28 .. 4 c F. ; i 'f<rf*- ,t,~trfrrw if ij bgl ;:he soai, ImprGtd in purple ink s..R+2. f 1 8 -.;: ,%%%- Us ooe-.7se.-JA' -. . San 7 hntY,ma v'- v-;a 2*LSii fianci sco , cai ifor This is daey&%%: m%rd ,8f?i$ 2t.f :..i JjL;;', of th6R corder. *+ $3$:\\ 4. 1 ?/b..z;z .='e ; ". ." ?% 3 c, VERA C. ~y~& cowY REC@RO II FE€ =a: SL,., ;-. I ,- ,,m)L, YlllL..LL ..- AL!!? &AL - . =.& - g<T"s-= " " """A.,.:,." 7 I I. -. FA? 25" ;e*: -:- :-i.--+ t;rd for record by CXx&ntal Land Title m aa \LCLV,L,VUO.I.V.. only. It has no1 bnn~'%amined as to its aeution or as to its effect upon tbc tidt. FER TO DEDICATE WHEREAS, (1)- . ~. ..-.; 3&dmsy:wnk ?! . .II . -. is/are * I the record owner(s), Ikereinafter referred to. as "owner(s)", of the real -. .. 10 91 California, legally described as particularly set forth i~ attached . (3) Exhibit A hereby incorporated by reference and hereinafter referred to as the "subject property"; and - " .- - - ".__.._. .WEREAS, the California Coastal Act of 1976 (hereinafter referred - I as 'the "Act") creates the California Coastal Comnission (hereinafter referred to as be "Comnission") and requires that any coastal development it approved by the Comission or local government as defined . in Public urces 'Code Section 30109 must be consist&t wl th the pol tcies of the_ .- set forth in Chapter 3 of Division 20 of the .. Pub1 ic Resources Code; and .. 201 In. WHEREAS, the People of the Stat? of California -.. have a legal. interest in the lands seaward of the 'mean high tfde Ilne; and WHEREAS, puw'uant to the California COa5tal. Act of 1976, the er( s) appl ied to the Comission for a coastal development permit for (4) olition or removal of two single-family residence; and construction of condominium units with underground parking and common recreational areas ahe""~u~~~~~b~~~~~~~~; pt;Jel overlooking ~gua Hedionda Lagoon. WHEREAS, a coastal development permit no. ( was OURT ?WER ?Am O? ULI?D.*** m. 113 I~CV. 0-7ab - > t e e*. ". " c .k . . . rented on (6) D~ember 13 : , 19 - 83 by the Cmission in accordance . provisions of the'Staff Recommendation and Findings (7) attached hereto and hereby incorporated by reference, subject lowing condition: (8) " see page 2A - ~ ..i f .. .- .. ... .. ... . . -. *. .. .. .. * .. .. ..... ... ... _. . . "_ . . .-. .- .. ~ . - _. ... .. .... . . _.. ..% . .. .. ... . ._ ... ..... i . - ._ .. ._ . . ._. .- .. .. .. .. .- ... .. .. *. . .. : ................ .. . =.. ', - ... ... . -. . .... .. _. . : .. .. .. ..... .... .. ..;. . ..... .... -.. : - . ... ... . -. ... - .. .. -. ... _. .~ 1 . - .: ... ... .... .. .. _: .. - .. .- . .. -. * .. . ._ ... . . - ..- ..-_ ._. . .. .. . -. .. - 0. .. .. .. .. .. .. .. .... ... ... ... .* .. r . -. ., .. .. .. .. I . . .. .. .. .. - I. I .. ... 6.. ... .. ., .. .. .. -. . .. . 'WHEREAS, the subject property i5 a parcel located .between the . " .- e * public road and the shore1 ine; and .. UHEREAS, under the policies of Sections 30210 through 30212 'of alifornia Coastal Act of 1976, public access to the shoreline and the coast is to be maximized, and fn. all new development projects ed between the first public road and the shoreline shall be provided; .. 0 WHEREAS , the Comni ssion found that but for the impost tion .* of the condition, the proposed development could not be found consistent the public access policies of Section 30210 through 30212 of the - 13 tRW. S-721 4- .* > 1. 0 SPECIAL C9hiITION e .%t' j -.. f) Recordation of an Irrevocable Offer of Public Access Easement. .L 1. *% .i'A'ppl iCant shall record an irrevocable offer to dedicate to the city 0 '' ! Carlshad or other public agency, or to a private association acceptab:e to the Executive Director, a public access easement for passive recreational Purposes Over a 50 foot wide are8 leading from the terminus of Harbor , Drive to the bluff top. The access easement shall be extended laera1 ly along the entire bluff top and be ten (10) feet in width as measu-ed northward from the bluff top line as depicted in Exhibit D of thi The requirement for the ten (10) foot wide bluff-top lateral easen#nt may :e. be deleted if alternative pedestrian access is permitted within the bluff face open space easement as provided in subparagraph u~8' of this condition. The easement offer shall stipulate that the public access improvement areas are to remain open to general public at all times. If an accepting 1 agency is not found, the Codes, Covenants and Restrictions (CC&Rs) of the subdivision shall provide for acceptance of the access easements by the homeowner's association; the CC&Rs shall further provide for the on-going maintenance of the access improvements. A draft copy of the CCbRs incorporating these requirements shall be submitted to the Executive Director prior to transmittal of the permit, the approved Department of Real Estate CC&Rs shall be submitted prior to occupancy of the first ' completed residence. Any modification to these provisions of the CCilRs shall require Coastal Commission review and approval The above offers shall be irrevocable for a period of 21 years, shall rlfn ! in favor of the People of the State of California, binding successors and 1 assigns of the appl icant and/or 1 andowners, and shall be recorded prior to j all other 1 iens and encupbrances except tax 1 iens. The offer to dedicate 1 shall be in a form and of a content acceptable to the Executive Director. I 1 Y .: .- .. - ,- ,. 6. ! i a - -2A- e- * lifornfa Coastal Act of 1976.and that therefore in the absence of such a ndf tion, a permf t could. not have been granted; .. ... in consideration of the granting of permi ner(s) by tbe Comnissicn, the owner(s) her the People of California an eastment in pe*etuity ses bf (10) a public access easement for passfve recreationaL .- ... . 'the subject property '(11) Over a 50.fOot wide .area leadina ;fe nus Of Harbor Drive to the bluff top and- over- a -~olf&- W i de' .... ... .. _. et .forth by attached Exhibit C (12) hereby .. .- ........ , ' . . & EXBIBIT 'I) . . -. . ed by reference. This offer of dedication shall be -4rrevocabl.e for a period of _. . _. . .. .. * -. .. .. .. '(21) years, kasured fowafl from the date of recordation, and the owner(s), their heirs, assigns, or successors in .. property described above. The People of the State ... ia shall, accept this offer through the local government in whose n- the subject property lies, or through a pub1 fc agency or a ociation acceptable to the Executive Director of the Com3ssfkn essor in interest.. .* .. . ,, .. >. . -. . ... ... s- 0. -. * _I -. .. e. .. .. ... .. - I. I _. .. . a .. t I -. -3- 0 0 1 0 i 1 cArlro.*lr 3 IILV. ..?I1 0 .. e. .. . . Acceptance of the offer. is subject to a covenant which runs with .. the land, providfng that any offeree to accept the easement may nq abandon it but must Instead offer the easemint to other.public agencies o .&. associations acceptable to the Executive Director of the Conissidfor the , . duration of the term of the original offer to dedicate. The grant of .?* . :- easement once made shall run wlth the land and shall be binding on the Owners s their heirs s and assigns. Executed on this 30th day of O&*y . , at Glendaie .. .. 0. . .- a. a1ifomia- .-. . Sears. s.a&gi .~a"l<,a ;C~J igornia y ,. . : ...... - . .-.i .- . . ..... .... .- . . : .--.Corpoyation' . ... ..I. ... .. ........ ..... .I ->, . . Dated:' oktbb&k '30, 1-986.<-..- .. .. ., , ,. - -. .. * ._. . .... - '.. - . . ... .- . , -. -_ . -. . .- . _. - .. :- .2d [.. .. ...... .- .. .- - . . Sf gned 0y - ... :_ . .. .... ... .... -. : Vr.ce Presi-dent.. J . .. ..... ... -. ichard Csate ._ . .- .. IC;~ rLe5 .. 0 .. .- . ..: .... Type or Print Name of Above I-. .-. ... ................ _. . -. : - . -Vice Pres.ident'\.I. .- .. .... .... ...... -. .. ._ . -. . ....... .. ... ....... , .- . .. ... .. ' :-*:-..- - -. Signed B~ ... ._ . . :. : *-.:- : .._ , , .: .. .. .. .. -. _: .. .. .. .. ..... Steven P; Duff ield .. -. .- . . .. -. . Vice .President - - (. . ..T ... .- .. .. -. . Type or Print Nilme of Above ... -. .. ... .. ... ..... _. .d. . .. . ._ ... .... :* ....... .... .. ... .. _. . .- ,. .- .- .. .. '. - .. .. - .. .I ... .. .- .. .- ". .. . .- . z -. " ~ .. 1 .. ..* .. ... -. -. . " . .. .. . .. .- . - -4- i .I i .. I * , * ' .. \ *- . '. -% - .. 1 2' -3 .4 .. 5 6 7 .. . a . .9 10 . 11 12 13 14 15 is 17 - 18 19 20 21 22 23 24 - 25 26 27 'APLR CILIIOINU a. "" . e 0 . NOTE TO NOTARY PUBLIC: If YOU are notarizing the signatures of signing on'behalf of a corfioration, partnership, irust, etc., the Correct notary jurat (acknowledgment) .as explained in your NO& , .-e -. Public Law Book. .. - .. ,-. -. .. State. of California, - .) . . .A \cc 0 .1 STATE of CALIFORNIA COUMYOF Los Angeles Is. October , d!! , before me. the undersigned a Notaty Public in and for said County and State, penonally appeared personally known to to be the penon who executed ven P. Duffield persomlly satisfactcry evidence) to be the person who executed the within Richard C. Fuqate NOlARY PUBLIC - CSiPSiih Karen K. SPisak (Ihis area for OWCM sed) . Name (Typed or Printed) . TI102 < .- !. -. # . .. -. e. - . 8 . I - - *. I I I . .. . - 1 b ., . .e -. .- 'a < L. b. ' . * .. 8 ~I u ,* 1 This is to certify that the Offer to Dedicate set forth above is - .. 2 Coastal Comnission pursuant to authority conferred by the Calif .. . -- . 3 hereby acknowledged by the- undersigned officer on'behal f of the *I. 4 Coastal Comnission when it granted Coastal Oevelopment Permit . " - L - 51 No= 6-83-613 - on December 13, 1983 and the Calffornia 6 Coastal Comission consents to recordation thereof by its duly'authorized officer. Dated: , I /. . _._ - . .. .. .. .- . .. - . California Coastal Comnission .. ,. . .- .. .. .. STATE OF California .. ._ .. - . 1- .. .. .* -. )ss COUNTY OF San Francisco 1. a Notary Pub1 ic, personally appeared , personally .. - 7 t known to me ta be (or proved to w on the basis of Sati SfaCt0t-y evidence_) - to be the person who executed this instrument as 'the a y .. '. .. RT rwm IO? UL\VO*NU to (Raw. ..?*I and authorized representative of the California Coastal J Comission and acknowledged to me that the California Coastal Conmission executed it .. - State . . '-6 - .( e, - 0- .: .. *.. -. 1 . * ,i * " . *. - *. -. 0 .. * EXRIBIT "A" LECAL DESCRIPTION .. .. .. .. . .. *. .. 0. .. .. .. . ' Iat 5 ai carlsbad Tract No, 74-22 -in .the City of &lsbaa, 'bmr . of San Diego,. the State of Californ$a, &cording. to kp tbereo . No 8107, filed in the Office of the County Recorder of San Diego ?? -. . co\inty; Way 1, 1975,' --- .. .. . := .. ~ . -. ... . .. .. i .. -. -. 0 .. .. - .I .._ . . .. a I .. .. .. " e- o 0 .. .- *. .. - . - . .. 0 *. . : .. .. -. .* 0. 0 f. .. .. e " * 8 . 0. -4 b 0 - 0 t " . " - . - .* .. . - .* .. * 0 z 0 .. .. *e !I I? ! . m c . - 8 W. e* b .- .- . a. ._.:.. .... " . - _. -. .- . P' il) %,? - "- * .*. 3XHlBIT B ate of Caiifomia, George Deukmejian, covernor aiifornia Coastal Commission W DIEGO COAST DISTRICT 154 Mission Gorge Road, Suite 220 in Diego, CA 92120 '14) 2806992 -. - .. e Piled : October 31, 1983 49th Day: December 19, 1983 180th Day: April 28, 1984 Staff: CD: lsf Hearing Date: Eecember 12-16, 1983 -.. REGULAR CALENDAR .. 'F * STAFF REPORT AND PRELIMINARY RECOMMENDATION . .". , ._ ..\. ._ _._ _""" - .- .- . ." _- - . . - .. . - __ _. . - - . __ . . . ." " ." . " ..__ __ .. ". . _". -. - . - - ". - " -, -. - ..._..-_ " - .- ipplication No. 6-83-613 ipplicant : Hunts Partnership Agent " : Larry D. Hunts Iescription: Demolition or removal of two single family residences and construc- tion of 140 condominium units with underground parking and common recreational azeas on a ten acre bluff-top parcel overlooking Agua Hedionda Lagoon, Lot area Bldg Coverage Pavement Coverage Landscape Coverage Wetland Area Parking spaces zoning Plan designation (including bluff area) t Y 10.15 acres 76,202 sq. ft. (17%) 6,050 sq. ft. (1%) 294,367 sq. ft. (66%) 65,593 sq. ft. (15%) PC Residential Medium 348 High Density (10-20 du/ac) . Project density Ht abv fin grade 13.8 du/ac 35 ft. Site: . Located at the southerly terminus of Harbor Drive, between the AT & SF Railroad and Interstate - 5, in the City of Carlsbad APN 206-222-22 - Substantive File Documents: Certified City of Carlsbad Agua Hedionda Lagoon IXTP " Land Use Plan Segment Coastal Development Permits: F7453, 6-82-69 Appeal #81-7 3 6-82-303, 6-82-501, 6-83-170, 6-83-324 SUMMARY OF STAE'E" S PRELIMINARY RECOMMENDATION: . Staff is recommending approval of the proposed development with conditions that would: increase the width of the public view point at the terminus of Harbor Drive; insure that no portion of any of the structures will be closer than 25 feet from the bluff edge; limit the height of certain of the units which are - &st vis'iially prominent h '"oiie and two stories in height; provide for drainage and erosion control plans and Limit the season for grading to reduce potential "-. . C3Mhfl33;.S?N ACTION OM DEC 1 3 f XApproved as Recommended U Denied as Recommended 1 f' * ', @ Page Two * 6-83-613 ., " sediment into the lagoon; provide for landscaping to soften and enhance building profile and to enhance previously disturbed areas of the bluff face; provide for a pedestrian (public) accessway along the bluff-top or alternatively at the toe cf the bluff adjacent to the lagoon if designed to be acceptable to the Executive Director in consultation with the State Departrment of Fish and Game; require recordation of irrevocable offers to dedicate open space easements or fee I dedication of the bluff face and wetland portions of the property; require comp- liance with-the EIR recommended.mitiqation measures for the known archaeological. - site; provide for recordation of a waiver of liability to the Commission; and, provide for State Lands Commission review of the development. .-. . PRELIMINARY STAFF RECOMMENDATION -. Staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that, as conditioned, the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse -acts on the environment within the meaning of the California Environmental Quality Act. If. Standard Conditions- See attached page. 111. Special Conditions. This permit is subject to the following conditions: 1. Revised Buildinq Plans. Prior to issuance of this permit, the applicant shall submit to the Executive Director for review and approval a final site plan,. . floor plans and elevations which incorporate the following: A). The site plan shall be substantially in conformance with that shown on the plans submitted as part of this application. B). In order to increase the width of the public view point, at the terminus of Harbor Drive, the units shown on Exhibit A attached to this permit shall be deleted and that area landscaped and designed to encourage public access and utilization of the public view point. - C). In order to reduce the visual @pact of the project, the - buildings shown on Exhibit B attached to this permit shall be reduced to a maximum of two stories and 25 feet in height as measured from adjacent natural grade. D) . The exterior colors and construction material for the proposed buildings shall be wood or earth tones. E). The applicant shall have the option of recapturing some or all of the units lost as a result of conditions l-B and l-C .: - rf -. .._. "_ , ~ < - " , - 0 .\ Page Three provided the recaptured units are not located south of the currently proposed alignment of units, 2, Bluff-top Building Setback, The bluff top shall be defined as shown on plans submitted with the application for permit and labelled "Existing Site Conditions", prepared by Arian & Willess Inc. The building setbacks from the bluff top shall: be -ir' substantial. conformance with that shown-on-the .plans. sub--.- ___ _.__. nitted; but, in no case shall any portion of the buildings encroach within 25 feet of the bluff top. Prior to commencement of construction, the bluff top and building setbacks shall be staked, inspected by staff of the Commission, and photographed to insure building setback compliance, 3. Grading and Erosion Control. The applicant shall comply with the following conditions related to grading and erosion control: ' A. Prior to issuance of the permit, the applicant shall submit final grading, drainage -and runoff control plans designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the fully developed site over runoff that would occur from the existing undeveloped site as a result of the greatest intensity of rainfall expected during a six-hour period once every 10 years (10 year six-hour rainstorm). ?he runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. . .. Such plan shall also provide that all runoff from developed portions of the site shall be directed away from the bluff edge and collected and conveyed to the desilting basin re- commended for location at the western end of the property in the EIR, Said drainage plan shall provide for the discharge point from the basin to be extended to at or below the I0-foot contour line or in a manner satisfactory to the Executive Director in consultation with the Department of Fish and . Gamer An energy dissipator shall be locatedat the discharge point. Any required easements or letters of permission from off-site property owners shall be submitted to the Executive Director, prior to issuance of the permit. B- Grading activity shall be prohibited during the rainy season ... from October 1st to April 1st of any year. Prior to commence- ment of grading,a grading schedule shall be submitted which insures that grading can be completed by October lst, C= All graded areas shall be hydroseeded prior to October 1st With either temporary or permanent landscape materials. Landscaping shall be maintained - and replanted if not established by December 1st. D. Grading plans shall indicate fencing of open space areas as referenced in condition 5, during constiuction and shall specifically prohibit m- ing or parking earmoving equipment, stockpiling of earthwork material, 01: other disturbances within the open space areas, except as permitted . for enhancement purposes as allowed under Condition #4. - 1.. .. .I i I 'L - 0 0 6-83-613 Page our - . . . . - . - E, Any necessary temporary or permanent erosion control devices, such as the desilting basin, shall be developed and installed prior to any on or off-site grading activities, or, concurrent with grading, provided all devices are installed imd operating prior to October lst, .aid installation is assured through bonding -" - - .- " or -other acceptable means. -. - '. .- --.- - - --.- -.___._ ___ __"_ ._____ . _______"_,._ - __ - - .._ . . F. Arrangements for maintenance of the drainage improvements shall be secured to the satisfaction of the Executive Director, prior to issuance of this permit. If said improvements are not to. be accepted and maintained by a public agency, the responsibility shall be that of the homeowners association and detailed mainten- ance agreements including provisions for financing the maintenance through bonding or other acceptable means shall be secured prior to issuance of the permit. Maintenance shall be addressed as part of the drainage and runoff control plan required above. The plan shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. G. mort Material.. The location of the export material disposal site shall be reported to the Executive Director to determine if a .- separate coastal development permit is required. 4. Landscaping. Prior to issuance of the permit, a detailed landscape plan indicating the type, size, extent and location of plant materials, the proposed irrigation system, and other landscape features shall be submitted to, reviewed, and determined adequate in writing by the Executive Director. Landscape features include the proposed water features, walkways, fencing, lighting, observation platforms, signs, etc. Drought tolerant plant materials and native vegetation shall be utilized to the maximum extent feasible. Said plan shall provide for the planting of specimen size native trees around the perimeter of the buildings, which, at maturity, hall gain substantial height and be situated in a manner to break up the building profile. Emphasis should be placed on effective screening of the structures as viewed by northbound traffic on Interstat-5. . -. -. .. Regarding landscaping of the disturbed bluff face, the plant species list and landscape plan shall be subject to approval by the Executive Director in consulta- tion 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 lagoon habitat. It is a requirement that the applicant restore the vegetation on the bluff face to as'natural a condition as feasible. 5, Open- Space Dedication. Prior to issuance of the permit, the applicant shall submit evidence to the satisfaction of the Executive Director that one of the following alternatives has been accomplished; either: A. Prior to issuance of the permit, the applicant shall record 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 described as follows: The bluff face portion of proposed Lots 1 and 2, as shown on Exhibit C attached to this permit, and all of the wetland area as shown on Exhibit C. 4 .: 1- f 1' ,. 4 .. 0 0 6-83-613 Page Five \ - - - .- - - . . - . The document shall include legal descriptions of both the applicant's entire parcel and the easement areas and shall prohibit any alteration of landforms, placement or removal of vegetation, or erection of structures of any type unless approved by the Coastal Commission or its successor in interest, except as specified herein, Public pedestrian trails, erosion control structures, underground easements, observation points and landscaping-shall be.,permitted, as approved by the Executive Director in consultation with 'the -Dept. of -Fish &id Game, pursuant to special condition #3 of this permit. " . - ... .-. . _._ - - - " Any improvements permitted in this area shall. be maintained by the homeowner's association, and maintenance shall be provided for in the CC&Rs of the subdivision- The accepting agency shall have the discretion of accepting maintenance responsibility at the time of easement acceptance. Such easement shall be recorded free of prior liens except for tax liens and free of prior encumbrances which the Executive Director determines may effect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicant or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. - - ._ __ - or B. Prior to issuance of this permit, the applicant shall dedicate in fee title, to the Wildlife Conservation Board or . other public agency acceptable to the Executive Director, that portion of the property shown on Exhibit C as wetlands. The remaining open space shown on Exhibit C (the bluff face) shall be offered for dedication as provided in 4A above. .. . . 6. Public Pedestrian Access. Consistent with the requirements of the certified City of Carlsbad Agua Hedionda LCP Land Use Plan, the applicant shall make the follow- ing improvements: A) Landscape and improve the public viewing area at the terminus of Harbor Drive including, but not limited to, installation of at least two park benches, a water fountain, trash receptacles, and bicycle racks. B) Install an improved public pedestrian accessway from the terminus of Harbor Drive to the bluff top, along the entire bluff top; or, as an alternative an improved accessway leading form Harbor Drive to and then down the bluff top and pkallel to the wetland, The alternative access design would need to be reviewed and found acceptable by the Executive Director in consulation with the State Dept. of Fish and Game and shall not be permitted to encroach into or possibly degrade the wetlands. .. - C) All observation decks extending out onto the bluff face shall be deleted; observation decks may be incorporated within the 25 foot bluff top setback nrovided they are low profile with no walkor roofs. -. : I '. 4 0 l">2". " , 0 - - "2 Page six D) A minimum of three public parking spaces shall be clearly delineated at ; the terminus of Harbor Drive either within the arl-de-sac or within the view knt/view corridor area. E) Erection of a comphrensive set of low-keyed public access identification .gns which clearly indicate the availability of the parking, viewing area and pedes- :ian accessway for the use and enjoyment of the general public. The signs may also mtion users to respect private property rights. . - . - _. .- . .." -.. - " ". .- ... ". . - ." __ _. - - - - -. - . - - ...""_"". - - . -. - . - . . . ___ - __ F) Recordation of an Irrevocable Offer of Public Access Easement. Applicant ?all record an irrevocable offer to dedicate to the City of Carlsbad or other public ~ency, or to a private association acceptable to the Executive Director, a public rom the terminus of kbor prive to the bluff top. The access easement shall be Ktended laterally along the entire bluff top and be ten (10) feet in width as measured xthward from the bluff top line as depicted in Exhibit D of this permit. he requirement for the ten (10) foot wide bluff-top lateral easement may be deleted f alternative pedestrian access is permitted within the bluff face open space ease- ent as provided in subparagraph "B" of this condition. be easement offer shall stipulate that the public access improvement areas are to remain open to general public at all times. If an accepting agency is not found, he Codes, Covenents and Restrictions (CC&Rs) of the subdivision shall provide for lcceptance of the access easements by the homeowner's association; the CC&Rs shall krther provide for the on-going maintenance of the access improvements. A draft :opy of the CCGrRs incorporating these requirements shall be submitted to the Executive lirector prior to transmittal of the permit, the approved Department of Real Estate :C&Rs shall be submitted prior to occupancy of the first completed residence. Any nodification to these provisions of the CC&Rs shall require Coastal Commission review ud approval. :cess easement for passive recreatianal purposes over a 5% foot wide area leading The above offers 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 en- cmbrances except tax liens. The offer to dedicate shall be in a form and of a content acceptable to the Executive Director. . -. . - - - 6. Archaeology. The applicant shall comply with the recommendation measures contained in the EIR as certified by the City of Carlsbad for preservation and/or -act mitigation of the archaeological resources. 7. Waiver of Liability. Prior to issuance of the permit, the applicant shall submit to the Executive Director a recorded deed restriction that binds the applicants and any successors in interest. The deed restriction shall provide: (a) that the applicants understand that the site may be subject to extraordinary hazard from flooding and erosion and the applicants assume the liability from those hazards: (b) the applicants unconditionally waive any claim of liability on the part of the Conmission- for any damage from such hazards; and (c) the applicants understand that construction in the face of these possible hazards may make them ineligible for public disaster funds or loans for repair or replacement of the property in the event of storms. .* .. I' - " "_ ,t\ -. -. < * 0 page Seven -a. State Lands Commission Review. Prior to issuance of the coastal ,.elopment perpit, permittee shall obtain a written determination from the State ds Commission that: A. No State Lands are involved LI the development, or B. State Lands are involved in the development and all pedts required by the State Lands Commission have been obtained, or "'." -.-- ---. " ."""". "____ ___ __" " . - - c. State k-ds may be involved in the development, but pendiny a final determination an agreement has been made with the Sbte Lands CwrmiSSiOn for the project to proceed without prejudice to that determination. " ~ ""." .. . . " _. ..__ " . -, - . . - . . - - - . '. Findings and Declarations. .. The Commission finds and declares as follows: 1. Project setting and History. The subject site in a 10.15 acre parcel located ijacent to the north shore of A~ua Hedionda Lagoon immediately west of Interestate-5 1 the City of Cazlsbad (ref. Exhibit.#l). The configuration of the site is linear I an east/west direction being approximately 1150 feet in length while only about 25 feet deep in a north/south direction. Further, approximately 50% of the site is xnprised of steep slopes and low lying wetland area. Therefore, the applicant 5s roposing to construct 140 condominium units-on the approximately 5 acresof the elatively level portion of the site. Historically, the Codssion reviewed a large 380 unit condominium development roposed by the applicant (appeal #81-73, Papagayoj. That project involved the ,roperty subject to this application as well as most of the land to the north between he lagoon and Chinquapin Avenue. Ultimately the Commission approved the project (allowing 220 units); however, the approval was subject to conditions, one of which ieleted that portion of the project which is subject to the current application. The :oastal Conmission recognized that this portion of the property was the most sensi- tive from the standpoint of including environmentally habitats, steep slopes and the visually most prominent portion of the mesa top. The Commission found at that time that 3evelopment should not OCCUT on this portion of the property until a detailed plan for the Aqua Hedionda Lagoon area had been prepared by the City. Subsequently, after a long history of public hearings and negotiations, the City prepared and submitted to the Coastal Commission the Aqua Hedionda Land Use Plan (document dated May, 1982).and the Coastal Commission approved the Plan as submitted by the City. The Aqua Hedionda Land Use Plan contains detailed provisions which are intended to preserve and protect the unique scenic and natural resource values of the lagoon. The surrounding development consists of the earlier phases (220 units) of the Windsong Subdivision (aka Papagayo) to the north, Interstate-5 to the east, the AT & SF railroad and additiona1,multi-family residential to the west, and the steep sloping portion of the subject property and Aqua Hedionda Lagoon to the South. Further south of the lagoon is the San Diego Gas & Electric (SDG&E) Encina Power Plant west of 1-5 and agriculture east of 1-5. Views from the subject property, while not unimpeded by development because-of the SDG&E power plant, 1-5 and the railroad, are panoramic in nature. ** -* f* e -0 6-21;-51> ? Page Eight 4 2. Project Description. The proposed project involves subdividing the 10.15 :res into two parcels of 6.79 acres and 3.36 acres each and construction of a >tal of 140 condominium units. Also involved is the demolition of two single- rmily residences with garages, grading and site preparation including installation f utilities and drainage improvements, Because of the subterranean parking, approxi- ztely 68,000 cubic yards of cut is required and 2,000 yards of fill. The disposal ite for the 66,000' cubic yards of export is undetermined at this time; therefore, ?ecial-~ondition~#2~G"has been attached to insure that if the disposal site is in -- --.- ze coastal zone there will be no adverse impacts from erosion. The proposed structures are predominantly three stories with a height of 35 feet bove finished grade (ref. Exhibits #2, #3 and #4). Setback from the bluff top varies rom as little as approximately 20 feet to as much as approximately 150 feet averag- ng 40-50 feet. With the exception of the proposed 60 foot wide view corridor at the erminus of Harbor Drive;:the structures are visually contiguous for approximately ,100 feet in an east/west direction. Architecturally the buildings incorporate ex- ensive use of wood siding, glass and individual unit balconies. Parking for 348 ehicles is provided in the subterranean garage which exceeds the required number of paces. 3. Site Characteristics and Intensity of Development. While consisting of .O.lS acres only approximately 5 acres of the site is relatively level.and environ- lentally suitable for development. The remaining 5 acres of the site consist of iteep slopes (reference Exhibit # 5 1 and wetlands. The certified Carlsbad Aqua iedionda Land Use Plan (AHLUP) prohibits development on slopes over 25% grade and sithin the wetlands. Primarily because of the already developed phases of the Jindsong Shores proj'ect, the subject property is designated for development at LO-20 dwelling uriits per acre (du/ac) in the =UP. The proposed 140 unit project is equivalent to 14 du/ac when based on the entire site; the density is equivalent to 28 du/ac when based on the 5 acres actually being developed. By comparison, two recently Commission approved projects on similar bluff-top ?arcels adjacent to Batiquitos and San Elijo Lagooswere at a density of 19.6 du/ac md 6;s du/ac respectively based on the net developable acreage (ref. coastal Fennits 6-83-324 and 6-83-1701.. The subject development clearly represents a more . . intense development than previous Commission approvals. 4, Visual Impact. Section 30251 of the Coastal Act is applicable to the ?reposed -development and states : The scenic and visual qualities of coastal areas shall be considered and protected zs a resotlrce of public impxtance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of-natural landforms, to be visually compatible with the character of surro-mding areas, and, where feasible, to restore and enhace visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared-by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. 1 I1 * \. e 0 6-83-613 Page Nine -. In recognition of the unique scenic and natural resource values of Agua Hedionda Lagoon,.and in response to the above quoted section of the Coastal Act, the City of Carlsbad adopted detailed provisions in the Agua Hedionda Land Use Plan aimed at preserving and protecting the visual quality of the lagoon. The trains using the ATfSF Railroad, The Agua Hedionda LUP recognizes that the' lagoon and surroundings present a scenic open space break from the intense urban development characteristic of the Southern California coastal zone, A multitude of excellent views and vistas are afforded the public from such vantage points as found along Carlsbad Blvd., Interestate - 5, Ad- Avenue, the subject property, and Park Drive. As a result, the City of Carlsbad included the following policies in the LUP (reference page 48 of the LUPl which are relevant to the subject development: . "project site is highly visible from northbound traffic on 1-5 and from passenger . '- . 8.2 Special vista points and viewing.areas shall be pre- served, and made available to the pblic, as indicated on Exhibit K, (ref, Exhibit #6 attached to this report) 8.3 c) On all property adjoining the shoreline, permitted dev- elopment shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to developed areas; and d) Any development proposed to be located on or near a significant landform (e.g., Hedionda Point1 shall be designed so as to minimize disturbance of natural land- forms, and shall be developed in a manner that assures its compatibility and harmony with the natural landform through use of such architectural techniques as terraced or pole foundations and variation of roof lines to complement the topography. - - . .. . - 8,4 All new development in the plan area shall be subject to the provisions of the Carlsbad Scenic Preservation Over- lay Zone. " In response to the Notice of Preparation for the 'draft EIR, Coastal Commission staff recommended strict implementation of these provisions; this sxld require a substantial revision to the project reducing the intensity of use by approximately 1/3 of that proposed. e 6-83-613 0 Page Ten The Commission ‘finds that it has been a general guideline in previous pet decisions kef. permits 6-82-501 and 6-83-324) to repire approximately 1/3 of the width of the frontage on property bordering the lagoons to be reserved as open space in order to provide visual relief to the development - andi where appropriate, to provide view corridors and or public vista points. mementation of this general guideline as applies to this property is- - difficult in light of the existing development to the north and the condi- tiam of the bluff itself. For instance, a view corridor 1/3 the width of the property accomplishes little since the earlier: already built phase of the Wirnasong Shores project eliminate the public views. -Nevertheless, the subject praperty is visually promiriant and with.the applicht proposing a very intense development, and with the AHLUP requiring a public vista point at the termimus of Earbor Drive, application of design standards is-critical. ” ~ _.- Becuase of the unique circumstances involving the subject property the Codssion finds that a strict interpretation of the above policies would create an undue hardship on the applicant; however, the project as proposed does not adequately provide for protection of the scenic visual qualities of the lagoon. The project, with over 1,100 feet of lagoon frontage provides only for a 60 foot wide corridor at the terminus of Harhor Drive. The Commis- sion finds that by eliminating only six units, as shown on Exhibit-A, the view corzidor/vista point at the foot of Harbor Drive can be substantially enhanced for public use and enjoyment, and the visual impact of the project reduced. Special condition #I-3, and as shown on.Exhibit-A, would accomplish this objective . Of further concern to the Commission is the predominance of three-story stnxctures at the maximum 35 foot height limit in close proximity to the lagoon, The applicant is proposing a relatively dense development at 28 du/ac (net), The closest building is setback approximately 25 feet from the bluff edge with anaverage setback of 40-50 feet. This amount of setback is adequate, but ndexceptional. the Commission has established a guideline of at least a 50 foot setback from scenic coastal bluffs to protect visual resources and at least 100 feet if potential impact to sensitive habitat values exists. Typically, on a site of such public importance as a scenic resource, the Commission would hope to see low scale, relatively low density development containing ample view corridors and a variation (step-down) of rooflines as the development approaches the lagoon and associated resources. Section 30251 emphasizes that development in highly scenic areas should be subordinate to the natural setting, The residential development as proposed is not subordinate, but will dominate the scene from this visually prominent site. The proposed structures are predominantly 35 feet high arranged at various angles throughout the site. Since all the parking is underground, (generally a visual plus), the structures are essentially continguous which is not necessarily desirable on such a site, .. - .. .- ‘Y- .._ . C’ 1' ' e -0 ,. 6-83-613 Page Eleven - It could be argued that as the last phase of the Windsong Shores develop- ment, the entire project should be limited to one'and two story structures in compliance with Policy 8.3CcZ of the AHLUP. However, the Commission finds that since the parcel could be sold, such an interpretation is unreasonable. Nevertheless, a step-down desigr, is appropriate to the extent feasible and to a certain degree the applicant 'Bas proposed such a design; but, the Commission condition #1-C would reduce certain additional-.buildings as shown on Exhibit-B to two stories with a maximum height of 25 feet (resulting in the loss of three units) - .finds that further modification to the project design is necessary. Special . ... - - -. With the modifications and limitations required by special condition #1, the Commission finds the proposed project in conformity with Section 30251 of the Coastal Act and with the intent of the visual resource policies of the Agua Hedionda Land Use Plan. The.specia1 conditions will result in the net loss of nine (91. units; nevertheless, the project.wil1 still he within the 10-20 du/ac range designated in the AEILUP. Typically, when such a a range is given, it is on projects such as that proposed that the lower or middle density is desirable. Even with the reduction in density, the Commission is concerned about the pre- cedent this project would set. It is only because of the shallow north/south dimensions of the property, and the existing three-story buildings which are part of the earlier phases of the. Windsong 'Shores project located immediately to the north, that the Conmission is willing to consider building encroachments within 50 feet of the bluff.. This project should not be considered a precedent. . for other proj'ects within the viewshed of the lagoons where the existing develop- ment is not so dominate. Other conditions, besides that requiring'reduction in height of the struc- tures, which address visual impact of the project, require use of'wood or earth toned exterior materials and submittal: of a detailed landscaping plan. The use of specimen size trees around the project perimeter which at maturity will have substantial height and breadffi is emphasized. The purpose is to soften still further the visual. impact of the development, with particular emphasis placed on screening the large structures from I-5.with an ample number of trees. As so conditioned, the Commission finds the:project is consistent with Section 30251, the certified Agua Hedionda LUP and past Commission action, .. .. .. . 5. Lagoon Protection/Sensitive Habitat. The subject site is located on a terrace above and adj.acent to Agua Hedionda Lagoon and contains a portion of the lagoon. Section.-30240 of the Coastal Act is applicable to the proposed project and states: (a) knvironmentally sensitive habitat areas shall be protected agaihst any significant disruption of habitat values, and only uses dependent on such resources shall be allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. - k' 1) 0 6-83-613 Page Twelve Section 30231 is also applicable to the project and provides that: " .. . - The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible', restored . . through, . . . . . among other means, controlling runoff. ' - .-- - ."._ .L" ", .--. .- .. "". - - . . -.. . ". -., "._. - .- . ._ " . . The subject site includes the environmentally sensitive habitat (ref, Exhibit 7 1 of Agua Hedionda Lagoon on its low-lying portion. No development is proposed on lagoon portion of the property, The bluffs which separate the lagoon and associated wetland habitat from the upper marine terrace and proposed residential units will also remain in open space. Portions of the bluff are vegetated with the Coastal Sage Scrub community, a sensitive habitat recognized as appropriate for preservation in the policies of the certified Agua hedionda Land Use Plan, The EIR identifies the bluffs as a natural buffer between development and the lagoon. Additionally, the proposed residential development is setback an average of 40-50 feet from the bluff edge. This setback will. provide additional protection to the sage scrub community located on the bluff face and.the wetland areas, The low lying portion of property is part of the Agua Hedionda Lagoon arid is afforded special protection under Sections 30231 and 30233CcJ of the Coastal Act and in the policies of the AHLUP. This area includes limited coastal salt marsh, salt flat and eelgrass. the proposed development would not alter this area or its habitat values as documented in the EIR, and the wetland area is well buffered by the bluff, The Commission is approving the pro-&sed project with conditions that require a runoff control plan which assures no increase in peak runoff from the developed site. Also, the water must be discharged through an energy dissipator at lagoon level or at a non-erosive velocity. Adverse impacts of development adjacent to wetlands are mast often associated with the potential for increased runoff which transports sediment to the lagoon. The EIR addresses the fact that the potential for sedhcent to reach the lagoon from the developed site, with the required storm drain system and established landscaping, is not great. However, the greatest potential for degradation of the lagoon resources occurs during the construction phase. The attached conditions limit grading activity to the dry season and require that erosion control devices be installed and operating prior to October 1st. The erosion control devices may be installed concurrent with grading provided there is a bonded guarantee that they are in operation prior to October 1st. The conditions also provide for prompt hydroseeding of all disturbed slopes. The open space areas, must be fenced off during construction to help eliminate the encroachment of earth-moving equipment into sensitive habitat areas, These requirements help assure compliance with Section 30231 of the Coastal Act, The attached condition also addresses maintenance of the drainage iXPrOVeInentS, particularly the desilting basin. The requirement of installation of such devices in itself does not meet with the intent of Section 30231, unless the.devices are maintained. Therefore, the condition provides that maintenance arrangements be seaired before this permit is released. The arrangements shall Provide that maintenance be done on the basis of need rather than a fixed monthly schedule- Financing of the maintenance must also be assured, so, discussion of .- .. , '\ L a' e 6-23-513 Page Thirteen . .I Srojccted marntenarice costs is rec_ulrcci to ~SXUI~ proper cssessment fees- This is particuktrly appropriate if; I?ainterGncz is to te the re::For1sibiliy; 3: the homeowners' association. Only wiL\ thcsc conditicns canethe project be f~und to be consistent with Section 30231 of the Act. In order to increase the possibility *,at the proposed opn space areas will raain in pemncnt open space, thC Corndssion is requiring that the easements be offered for dedication to a public agency accept;tble to the Executive Director. In the case of the wetland area, the optik is given to dedicate that portion '_-.. .- . .-. . .-.- "" ." "_ ". " ___ __ . .-. - " . -._ - - _.-. . _. . . _.- - - - - "". . . - . . - -. of the proerty in fee to the Widlife Conservation Board-or Sther appropriata agency. Acquisition would also help assure that only uses compatible with the Mi9.tenaWe of the wetland as identified in Section 30233 of. the Coastal Act would be per- mitted within- this area.. Aqua Hedionda Lagoon is on; of the 19 coastal wetlands identified by the Dept. of Fish and Game in the report entitled, "Aquisition Priorities for the Coastal Wetlands of California", However, an offer ta dcdi- cste an easement, if accepted by an appropriate agency, would sene the sme purpose ,as an "in fee" dedication and would eliminete the potential for incomp tible uses within the lagoon, An irrevocable offer to dedicate an open space easement over the biuff ' face portion of the property is also required, however, rincr improvements are per- mitted, These improvements include installaticn of drainage and erosion control devices, landcaping, and potentially the publia pedestrian accessway. The Commission is requiring that the lzndscape and imprcrvcment plans for this open space area be acceptable to the Executive Director in consultation with the Dept, of Fish and Game. this is to guard against introduction of any species which are inherently noxious to or incompatible with the adjacent lagoon habitat consistent with Section 30240Cbl. The Dept. of Fish and Game has indicated that replanting should include south coastal sage scrub comun- -. ities which require no irrigation once established, Maintenance- .df all improvements witi.,in this open space area will be *.e responsibility of the homeowners' association and will he proviZcd for in the CCfRs. Because of.this maintenance liability, the Ccmission does not feel it appropriate to suggest that this area be offered for dedication in fee. The . accepting agency has.the discretion of accepting naintenance responsibility at the time of acceptance of the easement. The attached conditions provide for runoff and erosion control and naintenance of open space areas in a manner.c'onsistent with the requirements of Sections 30231, ' 30233, and 30240 of the Coastal Act and past Commission action on similar sensitive development. __ - . S.....'Public Access. The subject site is located between Aqua Hedionda Lagoon and conformity with the public access and recreation policies of the Coastal Act as re- quired by Section 30604(c) of the Coastal Act. Agua'Hedionda Lagoon is somewhat unique in its status as a multkpl-e-use wetland area. The lagoon provides an extensive range of water-related passive and active recreational uses, as well as providing habitat for a wide variety of.marine and terrestrial lifeforms. In preparing.and re- viewing the Aqua Hedionda LUP, the, City of Carlsbad and the Coastal Commission were keenly aware of the need to balance the competing uses. Because of this, while public access is desired, the LUP contemplates controlled access limiting the access to pedestrian use only and prohibiting. off-road vehicle activity. In this regards, . the first coastal roadway. As a result the Commission muit find the project in .. .. i' < " 0 6-2 ."--.,*; ->- Page Fourteen policies 7.1, 7.2, 7.3, and 7.9 of the LUP axe particularly relevant. These LUP policies were developed'in response to the Public Access and Recreation policies of the Coastal Act and state the fallowing: 7.1 Bicycl'e routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be insmlled at the locations indicated on Exhibit I. (ref. Exhibit - " -. . " ~ . .. "_. . ~ "". -.- . . .-." 9 attached to -this report) . " - 7.2 Pedestrian accessways shall be located as shown on Exhibit J. (ref. Exhibit 8 attached to this report) - 7.3 All paestrian trails shall be clearly identified through a uniform signing program, to be carried out by the city of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area. - Special condition #5 has been included to insure that public access improvements are provided consistent with the policies of the AHLW (ref. Exhibits g and 31. The condition..requires that the applicant develop a minimum five (5) foot wide pedestrian accessway along the bluff top or along the bluff face if the design is acceptable to the Executive Director in consultation with the Department of Fish and Game. It also requires recordation of an irrevocable offer to dedicate the access easements and improvements within the view corridor/vista point areas. With the special condition the Commission finds the project in.:conformity with the public access and recreation policies of the Coastal Act and with the provisions of the Agua Hedionda Land Use Plan. 6. Archaeological Resources, Geologic Hazards and Potential Public Trust Issue. The proposed development, as noted in the EIR, contains potentially significant archaeological resources. Special condition #6 requires that the applicant comply with the recommendation for mitigation containzd the EIR and made a part of the City of Carlsbad approval of the project. With this requirement, the Commission finds that the project tanforms with Section 30'rYY of the Coastal Act dealing with preservation of archaeological resources. With regards to geologic hazards, the lower portion of the property is within the LOO year floodplain and the bluff could be subject to erosion d.hring extremely heavy rainfalls and 100 year flood flows. The preliminary geotechnical study in- dicate the level of risk is very low and the Conmission concurs. Nevertheless, there are certain inherent risks in building near a bluff which slopes down to the 100 year floodplain; therefore, special condition #1 requiring recordation of a liability waiver condition has been attached by the Commission. With the special condition informing purchasers of the units of the potential hazards, and based on information in the preliminary geotechnical report, the Commission finds the project in conformity with Section 30253 of the Coastal Act which involves minimizing risks from hazards such as flooding. .. ' . . t' .' 0 0 6-83-613 Page Fifteen Finally, since part of the property is within the lagoon itself, the issue of thether public trust lands are involved is raised. Because the applicant is not ?reposing any development in the vetlands (lagoon), any public trust claims should lot be prejudiced and the special conditions requiring recordation of an open space zasement or fee dedication of the wetland area quarantees protection of the wetland in its arrent state, Nevertheless, in order to make the State Lands Commission __ .__. hware of this project; 'special condition #8 has been attached and found appropriate >y the Commission. With this condition the Cormnission finds that the project conforms lrith the provisions of Section 30all of the Coastal Act dealing with projects which lay involve public trust lands. 7. Local Coastal Program. Section 30604(a) of the Coastal Act also requires he Coastal Commission to find that project approval will not prejudice the ability If the local government to prepare a local coastal program that is in conformity rith the provisions of Chapter 3 of the Act. As noted in the previous findings, the zoject is in conformity with all applicable Chapter 3 policies. The project is also :onsistent with the certified Aqua Hedionda Land Use Plan w~ch was prepared by the :ity of Carlsbad. Therefore, the Commission finds that project approval will not rejudice the City in their developing the implementing ordinances of the LCP, and hat this permit should provide useful guidance to the City for the implementing rdinances phase of the LCP. - .Page Sixteen ,I 0 -. " 0 Application No. 6-83-613 0 STANDARD CONDITIONS : .. '1. Notice of Receipt and Acknowledgement. The permit is not valid and 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 ' conmdission affice, .. - _. - - . . . . . . - 2. Expiration. If development has not commenced, the permit will expire 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, Application for extension of the permit must be made prior to the expiration date, 3. Compliance. -411 development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval . * 4. Interpretation, Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5, Inspections, The Codssion staff shall be allowed to inspect the site' and the development during construction, subject to 24-hour advance notice. 6, Assignment, The permit may be assigned to any qualified person, provided assignee.files with the Commission and affidavit accepting all terms and conditions of the permit. . . . . . . . . . . 7, Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and 'the permitee to bind all future owners and possessors of the subject property to the .. . terms and conditions, .. .' I* 4 *' < e *. -1 - -. i.-.-.-.- .-.-. I 1 C. -, .* 4. ,.-.@.@ -*., % FALIEROOK " .- -. . "..._" . - .-_- . .- WARNER 7 &una VI'>+% c = 0 A IMPERIAL SEAC MILES "', ,..o.~~:'"" """- ""~"_""""""" I t I ,CQ .. .. - EXHIBIT NO. APPLICATION NO. 6- 33- 613 - I &e3 rhwl ~ap ,,- - ,. L. *e I 0 -e .\ ?. .. . .. - " .. . * -z '7 0- '7. - Y, ". . s - r 1 171 EXHIBIT NO. I-,!) 1 APPLICATION NO. - __ 4 1 n Ir) Ma A x. -\ fJ> ; :-. - J : '.* * '; 4.' &,: f c ; i; -q I. 'L- L :Ly k.2" I I I- 3 0 v) 1 7 c "'.;b\ 1 > $?I 90' 3th {*\" ," . i;~d+, ii -/ 'I, ' .3-- 3 .I .TJ?> yJ -3&'P 4) -? "~"' * '1 .I") 1 L. Fq py27j 4: c <n 4' w I- v) w -8 3 i, i-I ri - -. .__ - Lid%r a??+ * 32-90 p X +- = 0 z : i, '.\ jrj ,. c L\vf .;: EXHIBIT NO. 3 -E f ? APPLICATION NO. 6-~3-6/3 bQp- IC 4 I E/ei*a+/enL . I- I t # nca a I ~/e&;E~ .' _- ,I *. .. .' $. ' I .-. 4 1 -. -. . .- - . ” .. . .. . . . - .. __ . .. - 3 IAPPUCATION NO. 1- I K2- - ,-: - ' ,4\ * .. 0 0 " EXHIBIT "k" PUBLIC PEDESTRSAN ACCESS .: ,i A STRIP OF LAND 50.00 FEET IN WIDTH LYING WITHIN LOT 5 OF CARLSBN TRACT NO. ACCORDING TO MAP THEREOF NO. 8107 FILED IN THE OFFlCE OF THE COUNTY RECORDER OF FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT 5, SAID POINT BEING THE SOUTHEAStERLY PROLONGATION OF THE CENTERLINE OF HARBOR DRIVE AS SHOWN ON SAID MAP; THENCE SOUTH 24"47'43" EAST 304.86 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 5 DISTANT THEREON NORTH 72O25'39" EAST (NORTH 72"24'56" EAST REC.) 422.01 FEET FROM THE MOST SOUTHERLY CORNER THEREOF. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 5; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF NORTH 38'03'53" WEST (NORTH 38'04'22" WEST REC.) 125.83 FEET; THENCE LEAY ING SAID WESTERLY LINE, NORTH 56'16'56" EAST 70.85 FEET; THENCE NORTH 70"07'19" EAST 138.08 FEET; THENCE NORTH 58'47'52" EAST 21.90 FEET; THENCE NORTH 15'1l"52" WEST 30.66 FEET; THENCE NORTH 24"44'37" EAST 35.28 FEET; THENCE NORTH 70'09'50" EAST 86.48 FEET; THENCE NORTH 66'51'01" EAST 54.91 FEET; THENCE NORTH 71'14'28'' EAST 51.25 FEET; THENCE WORTH 65O46'13" EAST 113.37 FEET. 74-22, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT€ OF CALIFORNIA, SAID COUNTY, MAY 1, 1975, AS FILE NO, 75-104002, SAID STRIP OF LAND LYING 25.00 T THE SIDELINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED so AS TO . TERMINATE IN THE NORTHERLY LINE OF. SAID LOT 5. r .r f "f)-. B,&;idJ [' c;E4w h, :;7? / /I .-Fz -1, ' c- . ).( *\,,.A+ Y U\\\,,\\,<*" r y.-= 'lb qc g&p!i*- - tty - .* " ' 4 \' e. 0 " EXHIBIT "Dl' PUBLIC PEDESTRIAN ACCESS A STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS 1 AND 2 OF CARLSBAD TRACT ACCORDING TO NAP THEREOF NO. 11484 FILED IN THE OFFICE OF THE COUNTY RECORDER 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: NO. 83-4, IN THE CITY OF CARLSBAD, COUNTY OF SAW DIEGO, STATE OF CALIFORNIA, OF SAID COUNTY, APRIL IO, 1986, AS FILE NO. 86-138666, SAID STRIP OF LAND LYING PARCEL 'A" . BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOTS 1 AND 2, SAID POINT EEING THE SOUTHEASTERLY PROLONGATION OF THE CENTERLINE OF HARBOR DRIVE AS SHOWN ON SAID VAP; THENCE SOUTH 24'47'43" EAST 88.45 FEET TO A POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 58'49'27" EAST 36.79 . FEET; THENCE NORTH 69'17'52" EAST 97.56 FEET TO A POINT KNOVN AS POINT "X"; THENCE NORTH 73'38'12" EAST 34.04 FEET; THENCE SOUTH 86'22'20" EAST 35.59 tttT; THENCE NORTH 74'34'18" EAST 36.29 FEET; THENCE NORTH 77'14'43" EAST 24.19 FEET; THENCE NORTH 72"42'37* EAST 29.96 FEET; THENCE SOUTH 73'45' 15" EAST 68.63 FEET; THENCE SOUTH 82'36'41" EAST 25.52 FEET; THENCE NORTH 58'33'31" EAST 37.63 FEET; THENCE NORTH 87'12'05" EAST 39.36 FEET; THENCE NORTH 63"24'39" EAST 32.77 FEET; THENCE SOUTH 86'08'18" EAST 27.65 FEET; THENCE NORTH 65'37' 13" EAST 35.23 FEET; THENCE MORTH 66'29'07" EAST 42.31 FEET; THENCE NORTH 74'06'48" EAST 12.36 FEET; ,THENCE . SOUTH 58'40'20" EAST 36.13 FEET TO TERMINUS OF SAID STRIP OF LAND. * PARCEL "B" BEGINNING AT SAM) POINT "X" IN PARCEL' "A" HEREIN ABOVE DESCRIBED; THENCE SOUTH 44' 41 ' 04" WEST ET; THENCE SOUTH 52'52' 14" WEST 236.91 FEET; THENCE SOUTH 46'21'40'41jEO:T LE.% FEET; THENCE SOUTH 42'00'12" WEST 25.26 FEET TO A POINT KNOWN AS POINT '2"; THENCE SOUTH 04'00'36" WEST 21.86 FEET; THENCE SOUTH 37O09'40" EASf 22.36 kEET TO TERMINUS OF SAID STRIP OF LAND. + PARCEL "C" BEGINNING AT SAID POINT "2" IN PARCEL "B" HEREIN ABOVE DESCRIBED; THENCE SOUTH 66'17'25" WEST.80.00 Fttr; THENCE SOUTH 60'22'36" WEST 91.00 FEET; THENCE SOUTH 54'47'57" WEST 72.00 FEET; THENCE SOUTH 51'53'30'' WEST 22.77 FEET TO A POINT ON THE MOST WESTERLY'LINE OF SAID LOT 2 BEING ALSO THE NORTHEASTERLY LINE . OF THE A.T. & S.F. RAILROAD RIGHT OF WAY 100.00 FEET WIDE, AND BEING NORTH 38'03'53" WEST 60.00 FEET MEASURED ALONG SAID NORTHEASTERLY LINE FROM THE SOUTHWESTERLY CORNER OF SAID LOT 2. THE SIDELINES OF SAID 10.00 FOOT STRIP OF LAND BEING PROLONGED. OR SHORTENED TO TERMINATE SOUTHWESTERLY IN THE NORTHEASTERLY LINE OF SAID RAILROAD RIGHT OF WAY. - ~~ , ., I 0 0 -.- [NI; 22" E 49" E 21" E 17" E 25" E 56" E 19" E 52" E 52" W 37" E 5 C" E 0f"E 28" E 43" E 28" E 13" E 24" E DISTANCE 15.08 103.37 11.24 16.94 129.01 70.85 138.08 21.90 30.66 35.28 86.48 54.91 45.48 86.4 5.78 1.1 3.37 ' 98.31 42" E 47" E 37 E an E 55" E 54" E 55" E 15" E 30" E 20" E 43" w 1 !"E 43" E 27" E 52" E 12" E 29'' E 10"E 43" E 37" E 15" E 41" E 31" E 05" E 39" E 1 E', E 13" E 07" E 40" E 21?" E 34" w 1S"W 40" w 12" w 36"W 40" E 25" ui 36" ui 57" W 30" tft' 53.67 60.29 41.14 59.3.7 56.27 46.48 52.48 54.63 54.54 50.66 38.26 9.95 90.61 36.79 97.56 34.04 35.59 36.29 24.19 29.56 66.63 25.52 37.63 39.36 32.77 27 65 35.23 42.3i 12.36 36.13 24.34 236.91 26.95 25.26 21.86 22.36 80.3C SI. 22 72. DG 22.77 - - SCALE /<,**I ~ /I i Wllvosor EASEFIE/ €XH/1 , v -s €XfiI/B/-TC 4ccE55 " I' 50' PUBLIC - -- FRSE MEN~ - " NOTE : - THi PEDESTRIAN WALKWAY SHALL BE A MINIMUM OF (5) FEET WIDE, ( FOOT WIDE EASEMENT SHOWN HEREON AND CONSTRUCTED WITH 4" TH: AS FIELD CONDITIONS DICTATE. PARCEL "C" SHOWN HEREON IS DEDICATED TO PROVIDE PEDESTRIAN A( RAILROAD RIGHT-OF-WAY. IT IS NOT REQUIRED THAT THE GIALKWAY \ :NG W3F2 CELTA RADIUS LENGTrf 51" E 83.67 113'34' 41" 50.00 28" E 83.67 113'34' 41" 99.32 76.38 50.00 99.12 76.38 TAN t , a. r 0 .. 5 ba SHORES r PLAT 7- Ma) N70'47' 21"E 289.12 / l3 1- r7AP NO. rf98.4 0-3x 349-32 1. U L( 1 Y/B/T 2 /' !'25' 39"W 1134.. 88 U L( 1 Y/B/T 2 /' !'25' 39"W 1134.. 88 .. ."""._ - - .. - - :ONSTRUCTED WITHIN PARCELS "A" AND "B" OF THE (10) [CK COKRETE AND/OR 4" PEA GRAVEL WXTH REDWOOD HEADERS XESS UESTERLY TO THE EASTERLY LINE OF THE A.T. & S.F. dITHIN PARCEL "C" BE CONSTRUCTED WITH THSS PROJECT: ' GOLD cor357 SURV€YM~G,T/I/C, JN 83c05/ hfYdD5udG SHORES _"" ~~ " ~ ~~ -... -. - *I ,/ a " .~ " 0 4542 RUFFSER STREET, SAS DIEGO, CA., 92111 .ppNqjj OK 1 G W6 CALIFORNIA COASTAL COMMISSION CALIFORNIA COASTAL COMMISSION 631 SOWARD STREET, FOURTH FLOOR SAN FRANCISCO, CA., 94105 Attention: MR. CHARLES SMITH Your No. CARDIFF PROPERTY LEGAL DEPARTMENT Our No. (SEARS SAVINGS) 101675 - 05 Dated as of DECEMBER 9, 1986 SUPPLEMENTING OUR PRELIMINARY REPORT DATED AS OF DECEMBER 2, 1986 ADDED ITEM NO. 19: AN "IRREVOCABLE OFFER TO DEDICATE!' EXECUTED BY SEARS SAVINGS BANK. AS OWNER. .TO CALIFORNIA COASTAL COMMISSION AND PUBLIC ACCESS EASEMENT FOR PASSIVE RECREATIONAL PURPOSES RECORDED DECEMBER 9, 1986 AS FILE NO. 86-573112 OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FILE AND PARTICULARS. ADDED ITEM NO. 20: * AN "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS: RECORDE? DECMEBER 9, 1986 AS FILE NO. 85-573113 OF OFFICIAL RECORDS . SAID DOCUMENT ADDITIONALLY PROVIDES FOR OPEN-SPACE AND SCENIC EASEMENTS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. ADDED ITEM NO. 21: ,. A "DEED RESTRICTION" RECORDED DECMEBER 9, 1986 AS FILE NO. 86-573114 OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PLEASE NOTE: OUR PRELIMINARY REPORT WITH T;IE SUPPLEMENT ATTACHED HERETO IS DATED DECEMBER 9, 1986 AT 10:26A.M. . " RICHARD BREMLER Title Off'-er y/-: . a e ~ ~ - -~ ~"_ "~- #f CONTINENTAL LAND TITLE COMPANY ~A:;~YE~s TITLE INsuwNcE CORPD8ATION A S'JBSI3iAiZY OF 4542 ~UFFNER STFEET " SAN DIEGO, CALIFORNIA 92111 (619) 278-4171 MALIBU VISTA PROFESSIONAL CENTER 22761 PACIFIC COAST HIGHWAY SAN DIEGO, CA ATTENTION: NORM HAYNIE YOUR NO. SEARS SAVINGS BANK OUR NO. 101675-05 DATED AS OF DECEMBER 2; 1986 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND TITLE COMPANY t HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF TH DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AN THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHO OR REFERRED TO AS AN EXCEPTION,IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE FORMS. * THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM T.HE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEv ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPOR' THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED SHOULD BE REQUESTED. ,. PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POL11 THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMEN .THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY E1 2. AMERICAN LAND TITLE ASkOCIATION LOAN POLICY [I 3: AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [I 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B [I RICHARD A. BREMLER, TITLE OFFICER WQ& !4r/ W' - .. " ~ _" _"""I_". .""Z "- " ------.- " - e 0 ". SCHEDULE A f- ~ - THE ESTATE OR INTEREST IN THE LAND HEREINAFTEi? DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SEARS SAVINGS BANK, A CALIFORNIA COi?POt?ATION FORMERLY KNOWN AS ALLSTATE SAVINGS AND LOAN ASSOCIATION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORN] COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 1 AND Z OF CARLSBAD TiiACT NO. 83-49 ,IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 11484, FILED IN THE OFFICE OF THE COUNTY I'IECORDER OF SAN DIEGO COUNTY, APRIL lo! 1986, EXCEPTING THEREFROM THAT PORTION OF SAID LAND, IF ANY, HERETOFORE ( NOW LYIrlG BELOW THE MEAN HIGH TIDE LINE.OF THE PACIFIC OCEAN. SAID LAND WAS KNOWN AS LOT 5 OF MAP NO. 8107. 1 T .- r /' ... @ SCHEDULE B 0 .r OS~E;~ r.10 i3ij75-35 AT THE DATE HE,?EOF EXCEPTIONS TC) COVEHAGE IN ADDITION TO THE PIII?JTED EXCEP.- TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIl REPORT WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIEC FOR THE FISCAL YEAR 1986 - 1987 WHICH ARE A LIEN. FIRST INSTALLMENT: DUE AND PAYABLE SECOND INSTALLMENT: NOT YET DUE BUT PAYABLE 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO- VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE, OF THE STATE OF CALIFORNIA. 3. ANY ADVERSE CLAIM BASED UPON THE ASSERT.ION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. AFFECTS ONLY THAT PO2TION OF LOT 5 LYING SOUTHERLY OF THE FOLLOW.ING DESCRIBED LINE: ' COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 5 DISTANT 100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHEASTERLY 480 FEET TO A POINT DISTANT 170 FEET AT RIGHT ANGLES FROM THE SOUTHERLY 8OUNDARY THEREOF; THENCE NORTHEASTERLY PARALLEL TO SAID SOUTHERLY BOUNDARY A DISTANCE OF 240 FEET; THENCE EASTERLY TO A POINT ON THE EAST LINE THEREOF DISTANT 60 FEET NORTHERLY FROM THE SOUTHERLY CORNER OF SAID LOT 5. 4. SUCH RIGHTS AND EASEMENTS FOR NAVIGA.TI0N AND FISHERY WHICH MAY EXIST OVER THAT PORTfON OF SAID LAND LYING BENEATH THE WATERS OF: THE AGUA HEDIONDA LAGOON AFFECTS ONLY THAT PORTION OF LOT 5 LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE WESTERLY LINE 'OF SAID-LOT 5 DISTANT 100 FEET NORTHWESTEflLY FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE NORTHEASTERLY 480 FEET TO A POINT DISTANT 170 FEET AT RIGHT ANGLES FROM THE SOUTHERLY BOUNDARY THEREOF; THENCE NORTHEASTERLY PARALLEL TO SAID SOUTHERLY BOUNDA2Y A DISTANCE OF 240 FEET; THENCE EASTERLY TO A POINT ON THE EAST LINE THEREOF DISTANT 60 FEET NORTHERLY F8OM THE SOUTHEASTERLY CORNER OF SAID LOT 5. .- 5. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: WATER PIPE LINES RECOilDED: AUGUST 31, 1925 IN BOOK 1107, PAGE 323 OF DEEDS AFFECTS: THAT PAAT OF TRACT 233 OF THUM LANDS, AS SAID TRACT IS SHOWN ON MAP NO. 1681 OF SECORD IN THE BOUNDED BY A LINE DESCRIBED AS FOLLOWS: OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, .. .. * ' - 5CHLa-E 3 PAGE ND. 2 0.73. NJ. l,;i$?5--?3 c, COMN;~.ICI,\~G AT T+I-IE MSST :404Td?/ESTEdLY COJNE;? or 5x3 T:IA;T 2>3, :iU:.INi:.\1G T+IE;\ICE ,\iG.?TY 61'21' EAST A DiST4NCE CIF 36L.20 FEET T3 A P3:xT 9F 3EGIdr.IIiiG; TYENCE f401lTH 61"Zi' EAST A DISTANCE OF 376.7C FEET ALONG THE NORTHERLY 5OUNDAfiY LINE OF T,'iACT 233 AHICH IS ALSO TilE SOUTHERLY BOUNDAiiY LINE OF CHINQUAPIN AVENUE TO A POINT; THENCE SOUTH 28'39' EAST A DISTANCE OF 1,033.32 FEET TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF TRACT 233; THENCE SOUTH 72'52' WEST ALONG THE SOUTHE BOUNDARY LINE OF SAID TRACT, A DISTANCE OF 383.84 FEET TO A POINT; THENCE NORTH 28'39' WEST, A DISTANCE OF 959.62 FEET TO POINT SF BEGINNING. 6. AN EASEMENT FOH THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA TELEPHONE COMPANY PURPOSE: UNDERGROUND TELEPHONE STRUCTURES HECORDED: NOVEMBER 10, 1941 IN BOOK 1272, PAGE 224 OF AFFECTS: A STRIP OF LAND 15 FEET WIDE, ACROSS THE OFFICIAL RECORDS CENTER LINE OF SAID 15 FOOT STRIP IS DESCRI8ED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY RIGHT OF WAY LINE OF ATCHISON, SOUTHEAST CORNER OF TRACT 233 OF .THE THUM LANDS, SECTION 7, TOWNSHIP TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, FROM WHICH POINT THE 12 SOUTH, RANGE 4 WEST, LIES SOUTH 38'03'30" EAST, 145.79 FEET; THENCE NORTH 72'25'00" EAST, 1201..18 FEET; THENCE NORTH 63"44'20" EAST, 26.92 FEET AND FROM SAID POINT OF BEGINNING EXTENDS SOUTH 64'31'44" EAST, 15.07 FEET; THENCE SOUTH 37'57'50" EAST, 131.90 FEET TO A POINT TERMINATION IN THE SOUTH LINE OF TRACT 233, POINT OF TEH- MINATION THE ,SOUTHEAST CORNER. OF TRACT 233, THUM LANDS, SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, BEARS NORTH 72'25'00" EAST, 1194.25 FEET; THENCE NORTH 63'44'20" EAST. T 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE: COMMUNICATION STRUCTURES RECORDED: SEPTEMBE2 3, 1957 IN BOOK 6733, PAGE 90 OF AFFECTS: THE SOUTHWESTERLY 3 FEET OF SAID PROPEZTY, OFFICIAL RECORDS POLE LINE TO BE LOCATED ADJACENT TO PROPEdTY LINE i .. 8. THE FACT THAT 'THE .OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT. RECORDED: NOVEMBER 2, 1966 AS FILEIPAGE NO. 174640 OF OFF: AFFECTS: THE EASTERLY BOUNDARY OF SAID LAND CIAL RECORDS - Oi?DEti NO. lr31675-25 ‘8 .- .* 9. 10. 11. 12. 13. AN EASEMENT FOR THE PURPOSE SHOWN 8ELOW AND RIGHTS Ir\lCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: UTILITIES WITH THE RIGHT OF INGRESS AND EGRESS FOR THE CONSTRUCTION AND MAINTENANCE OF SEWER MAINS AND APPURTENANCES,. WATER MAINS AND APPU2TENANCES, TOGETHER WITH THE RIGHT OR INGRESS AND EGRESS FOt? PUBLIC RIGHT OF INGRESS AND EGRESS FOR PUBLIC REFUSE VEHICLES AND EMERGENCY VEHICLES OF OFFICIAL RECORDS MAP NO. 8107 RECOilDED: NOVEMBER 4, 1974 AS FILEIPAGE NO. 74-292083 AFFECTS: THAT PORTION OF SAID LAND AS SHOWN ON SAID AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: OPEN SPACE, TRAIL SYSTEMS AND ENJOYMENT BY RECORDED: NOVEM8Eil 8, 1974 AS FILE/PAGE NO. 74-296995 THE PUBLIC OF OFFICIAL RECORDS AFFECTS: THAT PORTION OF SAID CAND AS SHOWN ON SAID MAP,NO. 8107 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THER AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF TRACT: ’i 8045 RECORDED: DECEMBER 2, 1974 PURPOSE: PUBLIC ASSESS AND OPEN SPACE EASEMENT AFFECTS: THAT PORTION OF SAID LAND AS SHOWN ON SAID MAP AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE F0R.FULL PARTICULAB DATED: OCTOBER 24, 1985 BY AND BETWEEN: SEARS SAVINGS BANK, A ‘CALIFORNIA CORPORATION A REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: NOVEMBER 19, ‘1985 AS FILE/PAGE NO. 85-436950 0 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OFFICIAL RECORDS f REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE 2IGHTS 0 RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: - ACCESS IN AND TO HARBOR DRIVE ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH - .. . . ?" , I 2: a e SCHEDULE 8 PAGE N3. 4 02~2 rJ3. 1:Ii 575-3 j 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETC AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF TRACT: 11484 RECORDED: APRIL 10, 1986 PURPOSE: OPEN SPACE AFFECTS: REFERENCE IS HEREBY MADE TO SAID MAP FOR FULL PURPOSE: 50' PUBLIC ACCESS AFFECTS: REFERENCE IS HEREBY MADE TO SAID MAP FOR FULL PARTICULARS PARTICULARS 15. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS OF ADJOINING BEACH OR BODY OF WATER FOR RECREATION PUR- POSES. 16. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AN INSPECTION OF SAID LAND HAS BEEN ORDERED; UPON ITS COMPLETION WE WILL ADVISE YOU OF OUR FINDINGS. 17. INFORMATION IN POSSESSION OF THE COMPANY INDICATES THAT A DIVISION OF LAND, AS DEFINSD'IN GOVERNMENT CODE SECTION 66424, IS CONTEMPLATED IN EXISTING PARCEL OF LAND, AND INVOLVES THE LAND DESCRIBED IN THIS THE CURRENT TRANSACTION OR HAS BEEN DIVIDED FROM A PREVIOUSLY REPORT. SUCH D'IVISION OF LAND OR CONTEMPLATED DIVISION OF LAND, WOULD APPEAR TO FALL WITHIN THE PURVIEW OF THE SUBDIVISION MAP ACT (COMMENCING WITH GOVERNMENT CODE SECTION 664101, AND AS A PRERE- QUISITE TO THE ISSUANCE OF FINAL TITLE EVIDENCE AT LEAST ONE OF THE FACTION: .- FOLLOWING REQUIREMENTS MUST BE ACCOMPLISHED BY THIS COMPANY'S SATIS- (A) THAT A FINAL (TRACT) MAP HAS BEEN RECORDED IN'COMPLIANCE WITH THE SUBDIVISION MAP ACT AND RELATED ORDINANCES; (B) THAT A PARCEL MAP HAS BEEN RECORDED IN COMPLIANCE WITH THE SUB- DIVISION MAP ACT AND RELATED ORDINANCES; OR < r , (C) THAT A CERTIFICATE OF COMPLIANCE AS PROVIDED FOR IN THE SUB- DIVISION MAP ACT HAS BEEN RECORDED; OR THAT OTHER SATISFACTORY EVI- DENCE INDICATING COMPLIANCE OF NON-VIOLATION BE FURNISHED. 18. THE REQUIREMENT THAT THE COMPANY BE PROVIDED WITH TWO (2) PRINTS OF THAT THE COMPANY MAY ISSUE ITS GUARANTEE FOR SAID TRACT WHEN CALLED THE FINAL MAP NAMED HEREIN APPROVED BY THE LOCAL AGENCY, IN ORDER FOR BY THE CITY, MAP NO. FINAL MAP, CONDOMINIUM PLAN. ~ - """ c 9 e SCYE3ULE 3 PAZE NO. 5 ~122~2 :JS. 12ij75-35 -. NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSE AND THE AMOUNTS ARE: FISCAL YEAH 1986 - 1987 1ST INSTALLMENT: $36 , 957.89 PAID PENALTY: $NONE 2ND INSTALLMENT: $36,957 e89 OPEN PENALTY: $NONE EXEMPTION: $NONE LAND: ~7~000,000~00 IMPROVEMENTS: $NONE PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 206-222-22 NOTE NO. 2: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSE: AND THE AMOUNTS ARE' 1ST INSTALLMENT: $24,784.28 PAID PENALTY: $NONE 2ND INSTALLMENT: $249'784.20 OPEN PENALTY: $NONE EXEMPTION: * $NONE LAND: $6,891,151.00 PERSONAL PROPERTY: $NONE CODE AREA: 09000 ASSESSOR'S NO: 859-021-66-55 INQUIRIES REGARDING THE ORIGINATION DATE AND PURPOSE OF THE ABOVE REFERENCED PARCEL SHOULD BE MADE TO THE ASSESSORS OFFICE AT 236-3852 FISCAL YEAR 1986 - i987 IMPROVEMENTS t 7 8-5 9 686.00 r #