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HomeMy WebLinkAbout2023-11-09; Rosalena Trail (District 4); Barberio, GaryTo the members of the: CITY COUNCIL Datel$ CA ✓ CC V CM ----lL'ACM V DCM (3) ✓ Council Memorandum November 9, 2023 ,, To: From: Via: Re: Honorable Mayor Blackburn and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director Geoff Patnoe, Assistant City Manager@ Rosalena Trail (District 4) (city of Carlsbad Memo ID# 2023114 This memorandum provides background and status of the development of the Rosalena Trail, a pedestrian recreational trail conditioned to be located along the top of the bluff overlooking the Batiquitos Lagoon within the residential community of Rosalena. Background The City Council approved in October 1985 the residential community of Rosalena, a 129-unit single-family development generally located north of Batiquitos Lagoon between Interstate 5 and Carlsbad Boulevard. Following the city's approval, and because the property is located within the Coastal Zone, the California Coastal Commission approved in November 1985 a Coastal Development Permit (CDP) that authorized construction of the residential development1. A condition of the CDP was the requirement to construct a trail located along the top of the bluff overlooking the Batiquitos Lagoon, just behind the homes that front Navigator Circle. This is referred to as the Rosalena Trail (Attachment A). The original developer, Sammis Properties, initiated development of the Rosalena residential community but did not complete the project. A second developer, Kaiza Poinsettia, later acquired the property and eventually completed construction of the housing development in the 1990s. Neither Sammis Properties nor Kaiza Poinsettia constructed the required Rosalena Trail. In the ensuing years, there was significant dialogue between the Rosalena Homeowners Association (HOA) and California Coastal Commission staff to develop the required trail, and in late 2018, the California Coastal Commission took enforcement action against the HOA and the 24 property owners along Navigator Circle for failing to comply with the 1985 CDP condition. As part of that enforcement action, a Consent Agreement was negotiated between the HOA and the California Coastal Commission where the HOA agreed to prepare final design drawings and construct the required trail, by specified deadlines. While there were subsequent 1At the time the project was approved by the City Council, the city did not have authority under its Local Coastal Program to issue CDPs on behalf of the Coastal Commission. Concurrent with the Coastal Commission's approval of the Rosalena project, the Coastal Commission approved amendments to the city's LCP granting permitting authorization for this area on a going forward basis. Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t Council Memo -Rosalena Trail (District 4) November 9, 2023 Page 2 efforts made by the HOA to amend the 1985 CDP and relocate the trail alignment further down the bluff, the modifications were not supported by California Coastal Commission staff. The deadlines specified in the agreed upon Consent Agreement eventually lapsed and in August 2023 the California Coastal Commission issued a Cease-and-Desist letter demanding that the HOA submit trail plans (in the agreed upon location) by September 22, 2023, or potentially face stipulated penalties of $1,000 per day for failure to comply with the terms of the Consent Agreement. The HOA submitted preliminary drawings for the trail alignment to the city in late August for preliminary review and feedback2. In response, the city provided a comment letter outlining issues, challenges, required processing steps, and timeline. Among the challenges noted in the city's letter (i.e., impacts to natural habitat, grading, drainage) was the need to secure appropriate property owner authorization for the trail alignment, as the city does not have record of an easement being recorded for the trail (Attachment B). Discussion The requirement to construct the Rosalena Trail is specific to the CDP that was issued by the California Coastal Commission in 1985. While the city maintains a role in permitting the construction of the trail, the city does not have the authority to amend/remove the requirement of the trail from the approved 1985 CDP or the agreed upon terms of the 2018 Consent Agreement. In a letter dated October 10, 2023 (Attachment C), the HOA requested the city take over responsibility for the trail design, construction, and maintenance. In a response letter dated November 6, 2023 (Attachment D), staff advised the HOA that while the city remains available to process their intended trail plan, city staff does not have the authority, nor does the city have the requirement, to assume responsibility and liability of the required Rosalena Trail. Next Steps Staff will continue to be available to assist the HOA in processing their permit application, which was submitted on October 1, 2023. Staff will also continue to encourage the HOA to work directly with the California Coastal Commission staff on actions needed for compliance with their CDP associated with the development of the Rosalena Trail. Attachment: A. Original Rosalena Trail Alignment B. City preapplication comment letter, dated September 22, 2023 (Due to the size of Attachment A, a hardcopy is on file in the Office of the City Council, as reference) C. Rosalena HOA letter to city, dated October 10, 2023 D. City response letter to Rosalena HOA, dated November 6, 2023 2 This is a service the city provides to interested parties requesting to receive initial feedback and input on a development project prior to submitting a formal application. Council Memo -Rosalena Trail (District 4) November 9, 2023 Page 3 cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Ron Kemp, Senior Assistant City Attorney Tina Ray, Communications & Engagement Director Kyle Lancaster, Parks & Recreation Director Jason Geldert, Land Development Engineering Manager Eric Lardy, City Planner Robert Efird, Principal Planner Cliff Jones, Principal Planner Rosanne Humphrey, Senior Program Manager Scott Donnell, Senior Planner Tim Carroll, Senior Engineer Nick Stupin, Parks Planning Manager lzzak Mireles, Associate Planner CONCEPT PLANS FOR: BATIOUITOS LAGOON TRAIL ,,,,,,,,,,,,,,,,,,,' -ROSALENA HOMEOWNERS ASSOCIATION PROJECT DATA OVERALL TRAIL LENC.T~, WIDTI-I OF TRAIL: VOLUME OF CUT: CARLSBAD, CALIFORNIA 1)25 FEET 4 FEET / ' ' / >, // ' / ' / ' // ' / ' / ' / ✓ ', / if' // @~ VOLUME OF FILL, VOLUME OF D.6. TRAIL SURFACE: 1.31"' CU. l'DS. 2fb2 CU. YDS. &e:> CU. TDS. LENGTI-I OF CMU RETAINING WALL, l."40 FEET r---=:1:i,~-~-~c --------L ~~: _____ , ·" ·-,,,'- .• I I LENGTI-I OF RECONSTRUCTED SDR.5D D-1S DRAINAGE DtTCi-1: 391Zl FEET MAX. Attachment A //// ',, //// ',,',,, ', / / / / / / / / / / / / / / / / ···•·,-,,:._,., ... LIMIT& / ~WORK / / / /Jj/\,_ / ,._,,, / / {!)"'/ / / / / / / ' / / ' / / '✓ / / / / / / / / / / / ',, ',, K',,, / / / / / / / / / CITY or OCEANSIDE ,, j 0r>.,_,o,..v'._00J ~o<F' .__.~ / OCEAN VICINITY MAP NOT TO SCALE NOT TO SC'<E / / / / / / / / / t-., // I ' / I ' / I ', / I ' / I '-,/ .., I ,;---· I .,: I I KEY MAP /-I ·-,./ 1 fi I ,: I ; : // I c.· I :-.N~'i~. iJ:1-.~ : ~~-~a. '"'~~#: 1,-;EET' 11 l _______ ~ ~~~~-:_-------------~ &CALE, l'•E>IZI' / SHEET INDEX 3 4 .. COVER 51-!EET • KEY MAP SITE FLAN -LOTS I, 24-2tZl SITE FLAN -LOTS 19-1"' SITE PLAN -LOTS 9-2 TYPICAL CROSS SECTIONS PROPOSED SECTIONS, LOTS 24-12 FROFOSED SECTIONS, LOTS 11-2 ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAO SUITE200 SAN DIEGO, CALIFORNIA 92123 (858)57H900(pt,one) (858)573-8900(1 .... BATIQVffOS LAGOON TRA/l k0$4LEMI HOMEOWNEKS ASSOCIATTON COVER SHEET & KEYMAP Appendix A Attachment 1 age lo r 20' WIDE VIEW CORRIDOR l / 7558 LOT 20 TRAIL EASEMENT LINE PROPOSED RELOCATED DRAINAGE DITCH --._ \ARROWS INDICATE FLOW DIRECTION. ••• Lv1 111 2' H!GH CONTACTOR TO LOCATE DRAINAGE •:-_;f._:, , /·· ~il~~,_. . f~u/ ;;UPPER CMU WALL CHANNEL ON SLOPE TO MAINTAIN ,;.,i, ;',r.: / -/ GE PATTERN PROPOSED e;l•~ '1,,I i i• '502 / EXISTING ORAINA TRAIL WALLl ~ \ -1/«-, "" "·" c,. I ~1 I ~ ,,,. .//,::-;-f .'':. , 1 , 1 ,. r ,,,, ~ l '"' ,/ :,-·,, O! I' ,, ,-, • 20' WIDE VIEW LOT 9 ,,.,""/ -,, , fr .{~ ' CORRIDOR-----, • I ,,. >1 ,s _,--\~ __, ,,11 -__, -:>' '! \'.,'\c I '" \ n_'' _J f.,_,. . .__,,-1 \\~ 'TU:.\ ~ ~~~"::-0"..:~~'\/"1-"'-. ,/! -J \ ' • ' ' ' '', ', ,,:,...;.:_ .-,-,--~----~--~:::--~-,::::::-~ I ... .__,," ... "-''"'·'~/---'•··• . ..._,"'-.:_ .. _,.::----.,:,. -- -- > ?l --~"\,~ /,,/ SCALE: ,•,,~o• 0 !O 20 :::, ~'a:,9v,'1os 'c:?9°0,., SITE FLAN -LOTS 1':l-10 SCALE: l":.20' -- = I. BROW DITCH PER SORSO 0-75. RELOCATED BR'OW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. VIEW CORRIDORS MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE200 SAN CIEGO, CALIFORNIA 92123 (858)573-6900/phO .. ) (a58)573-8900(1od ll'l(tlK.Ct"AMMC, BATIQVITOS lAGOON rKAll • IUJSAUNA HOMEOWNERS ASSOCIAT10N StrEPlAN- lOTS 19-10 Appendix A Attachment 1 Page3 oi / /~ • ~'"'\ , 0 10 20 4( ~\\ -~'";1-·.;:_•,,,:_'(': ··-'-. I ~ ... <~ -'--• ..,..~ r-~ / --__ ,, ·" '.' -. ( , ,, X ' ><).c • • • -. ., 'h\ -, ,, ~-! _ " X 'I' ,, "'"'' 'SJ¥.J'iff~tr. g[ l \ ( • ~\ W-.\W \r1i~·1) /:t, / ,\ ' l ·1\1 I \1 \· I ti:f I ~ t\ ~I\, \ .~ ,' u._ ~ , -l 111 \1 ltt1I \r i• LOT4 \. (o5l°6 : ~ \" PQ~~[ ~,,~] ,, .)--~ - 2' HIGH 0 "" _'1·. t ~.11W 1\ \l\\ \!.\\\"·, ~ 11 J \\ ' -~' t ' -_ __JI\·"""-\ -~I \>_ •1/1_ _ . I cf?'"~ -<-l' , Juu l ,~--j '., \'.:}.~. j ,-i.·~t-!.!_c-. ~--'.. __ 1,-1··: "-\ \,;.,"''" .f !1"1\\(~~t\',.\'1!.~t•I\\"~\\" , m, \ " , ~ \ ' . ~ ~-,-, " ~\·; -.,,, ,, ' • I \; \ r l\ "' , \I ·-1-"'" · · ' · •• ,. • • , , ,, , ' ., ' -, Ci, , , , " , '" '. • · ,,. -O.· --' "' 1 ' • ::,,·-' ''' I I ' ,, ~ . '"' . ,, V \ , .. ---·1 . --.,---, Sfl ' j '. ,, ~ir-\~'i \I\~ \I \{k~ l- 1 ,, • ' , "" - - ·-', i 1., ; }'.'.:i 6 __.,.-,iVf~----~ " ,i! "l , -!h '" , , , •.~-t--':"'F-::: J ~ • i ('.-t J ~ \ "•I ! I ~~1 -~ I ' ¼c. -ii', -~ 1/\?,tN 1-,;\\ '-----~-----> i t-•,. ' <'it ·•, ';:', '-• , --~~-._,,,;, ,,....a;o~, -\-, • \~ l'f -· • • -.. PROPOSED TRAIL WALL UPPER CMU WALL IIIJf~ ~--:-==::::= . , ------ --~-==~~J!J;~f;~ Bati9u,lC5 Lagcor SITE PLAN -LOTS ':3-2 SCALE: l":20' ~ I. VIEW CORRIOORS MAY BE USEO FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. 2. STAIRWAY AND RA!LING AT CONSTRUC TRAIL END TO BE TEO PER SAN DIEGO REGIONAL STANDARD DRAWING M-26. SEE SHEET :5 OF PLANS. 3890 MURPHY CANYON ROAO SUITE 200 SAN OIEGO, CALIFORNIA 92123 (858)573-6900(plloM) (858)573-89001111,) ~ BATIQUtrOS lAGOON TRAIL /?OSAUNA HOMEOWNERS ASSOCU<nON ui:A-rmc, Appendix A Attachment 1 ~ September 22, 2023 Rosalena Owner’s Association Attn: Michael Fisher, ROA Board President 7554 Navigator Circle Carlsbad, CA 92011 SUBJECT: PRE2023-0046 – ROSALENA TRAIL Dear Mr. Fisher, Thank you for submitting a preliminary review for the Rosalena Trail (Project) on August 21, 2023. In response to your application, the City of Carlsbad has prepared this comment letter that provides clear direction on the city’s processing and timeline. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based on the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect, and additional issues of concern may be raised through a more specific and detailed review. GENERAL COMMENTS The City of Carlsbad understands that the Rosalena Owners’ Association (ROA) is submitting the Project in order to receive permits necessary to complete a “Trail Plan” to satisfy the Sept. 27, 2018, Consent Agreement entered into between the ROA and the California Coastal Commission (Coastal Commission). The city also understands that the ROA has entertained several different alignments of the trail since the original Coastal Development Permit (CDP) 6-85-482 was issued by the Coastal Commission in 1985. While the city has a role in issuing permits for the construction of the trail, the city does not have the authority to amend the scope of the CDP, the CDP amendments, or the terms of the 2018 Consent Agreement. As is evidenced by the Coastal Commission’s Aug. 22, 2023, and Sept. 15, 2023, Cease and Desist letters, the Coastal Commission will not consider trail alignments other than that which was approved with Coastal Development Permit 6-85-482-A6. The city will rely on the Coastal Commission’s determination on consistency with CDP 6-85-482-A6. Therefore, given these circumstances, the city sees two possible scenarios for moving the Project forward: OPTION 1. SUBMIT THE COASTAL COMMISSION APPROVED TRAIL ALIGNMENT Submit the approved trail alignment consistent with Coastal Development Permit No. 6-85-482-A6, as amended, and the conceptual trail plans dated March 2017 (attached to this letter as Exhibit 4), both Attachment B PRE2023-0046 – Rosalena Trail September 22, 2023 Page 2 Community Development Department Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2600 referenced in the 2018 Consent Agreement. This alignment may require the following permits from the city and, if so, must adhere to the below-referenced policies: 1. Property Owner Authorization: The city will need legally enforceable authorization for off-site grading work and improvements on adjacent private property. We will also need evidence of property owner authorization from a qualified representative from the listed owner of the property and a Title Report to show any encumbrances on the property. Please refer to Form P2 Section F.1(4) for further direction. Based on the letter from Adams Stirling on August 30, 2023, and the response from the Coastal Commission on September 15, 2023, there appears to be a difference of opinion. We request that the HOA respond to that letter as a follow-up to this preliminary review. 2. Habitat Management Plan Permit: Should you possess any existing Habitat Management Plan (HMP) documentation for this project, we request its inclusion in this submission. This inclusion will help the city understand the full habitat impact of the project and identify if further mitigation is required. In the absence of such documentation, consistent with Carlsbad Municipal Code (CMC) Section 21.210.070, all projects must provide a Biology Report, as described below. In addition, the permanent maintenance of all on-site mitigation areas may be required. Because the project occurs on or adjacent to an HMP Existing Hardline, and there is a potential for impacts to sensitive native habitats, an HMP permit must be submitted. Please review the guidelines provided in CMC Section 21.210 to ensure all necessary requirements are met. 3. Biology Report: The applicant shall submit a biology report consistent with the City of Carlsbad’s most recent Guidelines for Biological Studies. The report must include an analysis of vegetation, sensitive species, potential impacts, mitigation requirements, and how mitigation will be implemented. The biology report must consist of current surveys and vegetation mapping conducted at the appropriate time of the year. Before issuing a grading permit, a mitigation plan (native habitat restoration plan) must be submitted for approval by the city and Coastal Commission. This plan must contain all of the elements included in the city’s Components of a Native Habitat Restoration Plan Guidelines. The California Department of Fish and Wildlife and the United States Fish and Wildlife Service may also request to review this plan. 4. Hillside Development Permit: Should you possess any existing Hillside Development Permit (HDP) documentation for this project, we request its inclusion in this submission. In the absence of such documentation, consistent with CMC Section 21.95, provide the following information to determine whether an HDP is required: amount of grading, percentage of gradient, elevation differential, and slope height. A grading plan, a topographic map, and a vegetation analysis shall be submitted to verify if a hillside development permit is required. 5. CEQA: Should you possess any existing CEQA documentation for this project, we request its inclusion in this submission. In the absence of such documentation, consistent with CEQA Section 15063, we will require the submittal of an initial study to determine if the Project may have a significant effect on the environment. 6. 2019 Trails Master Plan: All new trails and related ameni�es within the city shall conform with the 2019 Trails Master Plan. Please refer to Chapter 6 – Trail Standards & Design Guidelines. OPTION 2. OBTAIN COASTAL COMMISSION APPROVAL FOR AN ALTERNATIVE TRAIL ALIGNMENT It is the city’s position that any proposed realignment of the Project must secure approval from the Coastal Commission before advancing to the city for discretionary permit processing. Based on the correspondence the city was copied on, they are not supportive and request implementation of the 2018 PRE2023-0046 – Rosalena Trail September 22, 2023 Page 3 Community Development Department Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2600 settlement. An alternative alignment would require a CDP amendment from the Coastal Commission and approval from other agencies and property owners. The complete list of anticipated approvals needed for this is listed below from the city: 1. Special Use Permit – Flood Plain: Depending on the final location of the trail, the Project may fall in a FEMA Flood Zone. A flood plain analysis shall be submitted, including the information listed in CMC Section 21.11.130 and Section 21.110.130. 2. Habitat Management Plan Permit: The trail is proposed to be located on or adjacent to a designated hardline preserve in the city’s Habitat Management Plan. The hardline preserve property (Batiquitos Lagoon Ecological Reserve) is owned and maintained by the California Department of Fish and Wildlife. Any approved trail plan alignment changes resulting in encroachment onto the HMP hardline would require authorization from the California Department of Fish and Wildlife. Additionally, the same requirements for a habitat management plan permit, as mentioned in Option 1, apply here. 3. Biology Report: The same requirements for a biology report, as mentioned in Option 1, apply here. 4. Hillside Development Permit: The same requirements for a hillside development permit, as mentioned in Option 1, apply here. 5. CEQA: Consistent with CEQA Section 15063, we will require the submittal of an initial study to determine if the Project may have a significant effect on the environment. The CEQA document must cover all applicable permits and approvals from other responsible agencies. If the U.S. Fish and Wildlife Services approval is needed, they will be responsible for determining appropriate compliance with the National Environmental Quality Act (NEPA). 6. 2019 Trails Master Plan: All new trails and related ameni�es within the city shall conform with the 2019 Trails Master Plan. Please refer to Chapter 6 – Trail Standards & Design Guidelines. 7. Property owner authorization: We will also need evidence of property owner authoriza�on from a qualified representa�ve from the listed owner of the property and a Title Report to show any encumbrances on the property. The listed owner is not the same name as the HOA. PROCESS AND TIMELINE FOR OPTIONS 1 & 2 In consideration of the content provided in this letter, we recommend that the applicant initiates the following steps in sequence: 1. Consultation with Coastal Commission: The applicant should arrange a meeting with the Coastal Commission to address any questions and seek clarification on the approved plan moving forward. 2. Discretionary Permits: The applicant must submit the permits as outlined in this letter. The processing timeline for discretionary permits varies, typically spanning between 6 to 18 months, contingent upon the extent of corrections and subsequent resubmittals. It is important to note that submitted discretionary permits are subject to the provisions of the Permit Streamlining Act, ensuring a streamlined review process with a maximum 30-day turnaround time in which an application is deemed complete or incomplete. If the application is deemed incomplete, the applicant must resubmit the application. A project schedule with an estimated timeline through presentation to the Planning Commission/City Council is provided to the applicant after the first review of the discretionary permits. 3. Incorporate Irrevocable Offer of Dedication for Trail Purposes: Please ensure that the language for the irrevocable offer of dedication for trail purposes is included on the Final Map and is also incorporated into the Covenants, Codes, and Restrictions (CC&R) documentation. This documentation should PRE2023-0046 – Rosalena Trail September 22, 2023 Page 4 Community Development Department Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2600 clearly outline the obligation for acceptance, construction, maintenance, and liability, with these responsibilities designated to be the responsibility of the HOA. 4.Grading Plans Submission to Land Development Engineering (LDE): Upon obtaining the necessary approvals from the appropriate governing body, as mentioned earlier, the applicant should submit grading plans to the city’s LDE division. LDE’s review process is typically a 30-day review process, where the city must provide comments within that timeframe. 5.Commencement of Construction: Once LDE and other reviewing departments approve, the applicant will be eligible to commence construction of the trail in accordance with the approved plan. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Izzak Mireles at the number below. You may also contact each department individually as follows: •Planning Division: Izzak Mireles, Associate Planner, at (442) 339-2693 •Land Development Engineering Division: Jason Geldert, Project Engineer, at (442) 339-2758 •Habitat Management Division: Rosanne Humphrey, Senior Program Manager, at (442) 339-2729 •Parks and Recreation Division: Nick Stupin, Parks Planning Manager, at (442) 339-2527 Sincerely, Eric Lardy City Planner City of Carlsbad Cc: Jason Geldert, Project Engineer Eric Lardy, City Planner Robert Efird, Principal Planner Nick Stupin, Parks Planning Manager Rosanne, Humphrey, Senior Program Manager Scott Donnell, Senior Planner Tim Carroll, Senior Engineer Izzak Mireles, Associate Planner Attachments: Exhibit 1. Coastal Commission Consent Cease and Desist Order - August 22, 2023 Exhibit 2. Coastal Development Permit (CDP) No. 6-85-482-A6 – October 20, 2022 Exhibit 3. Coastal Commission Cease and Desist Order – September 27, 2018 fJvG � PRE2023-0046 – Rosalena Trail September 22, 2023 Page 5 Community Development Department Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2600 Exhibit 4. Submitted Conceptual Trail Plans - March 17, 2017 Exhibit 5. Coastal Commission Letter – September 15, 2023 STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 301 E. Ocean Blvd., Suite 300 Long Beach, CA 90802-4302 (562) 590-5071 SENT VIA REGULAR MAIL AND EMAIL August 22, 2023 Rosalena Owners’ Association Attn: Michael Fisher 43529 Ridge Park Drive Temecula, CA 92590 Subject: Consent Cease and Desist Order and Consent Administrative Civil Penalty (CCC-18- CD-04 & CCC-18-AP-03) Dear Mr. Fisher: I am in receipt of the materials dated July 6, 2023, that you submitted to Commission staff that propose moving the Rosalena trail out of the public access easement areas on the private residential lots onto land covered by a conservation easement held by the State Coastal Conservancy, i.e. lot 81. Please know that the Commission, and other agencies, have long ago settled on the location of the trail within the access easements, and Coastal Commission staff are not open to considering relocation of the trail from the easements, nor are we authorized to do so as the Commission has ordered construction of the trail within the public access easement areas. As you’ll recall from our phone conversations on March 27, 2023 and May 15, 2023, I discouraged you from pursuing this option generally for the reasons described below, which involve avoidance of the habitat impacts that would result from your proposed location of the trail, as well as the fact that the Commission has established the location of the trail through formal action, which staff cannot modify without the approval of the Commission. Trail Location Settled For background, please see the excerpts below from the staff report for Coastal Development Permit No. 6-85-482-A4, dated November 1, 1993, in which Commission staff describes the history of the alignment of the trail: …While not yet built, a segment of this public trail system was approved in the subject area on lots 1-24. The easements for the trail on the subject lots have been recorded, identifying the trail alignment immediately adjacent to the bluff edge… In its original approval of the proposed development, the Commission required the construction of a public access system along much of the north shore of the lagoon. However, in its original approval the Commission deferred the actual alignment of the trail pending the adoption of the Batiquitos Lagoon Enhancement Plan. For the subject area, this plan was to determine whether the trail was to be located either on top of the bluff or at the base of the bluff. However, the plan was never adopted and the issue of the actual alignment of the trail remained unresolved. In a subsequent review of this Rosalena Owners Association August 22, 2023 Page 2 of 3 issue, Cal-Trans, the Department of Fish and Game, and the Fish and Wildlife Service, and the City of Carlsbad determined the trail should go on the subject bluff top lots because to site the trail at the base of the bluff would result in unacceptable impacts to wetlands associated with the lagoon. The alignment was determined to be located in the 45 foot setback area near the edge of the bluff to assure privacy between trail users and occupants of the bluff top lots. …As noted, the alignment of the trail was considered by a number of public agencies and it was determined that the trail would have the least environmentally damaging impact on the bluff top. The easements are in place on the top of the bluff and the City is interested in putting the trail in as soon as possible. Also eliminating this segment would preclude the option of having public access along the entire north shore of Batiquitos Lagoon. Thus, the Commission supports the trail at the blufftop location. Accordingly, in 1993, the City of Carlsbad approved grading plans for construction of the trail in the easements on the individual lots and listed said easements on the approved grading plans. We anticipate grading permits will be issued for the trail in this instance as well, and we will work closely with the city to ensure its requirements are met to do so. Trail Construction Required As you know, to bring the Rosalena Owners’ Association and homeowners into compliance with the requirements of Coastal Development Permit No. 6-85-482, on October 10, 2018, the Commission ordered the Association in Section 2.2 of the Consent Agreement to “Fully and completely comply with the terms and conditions of CDP no. 6-85-482, as amended, including by, among other things, constructing and maintaining a public access trail along the Trail Easement - FN4 [the footnote describes the Trail Easement as the aggregation of the public access easements located on the lagoon-side edge of lots 2-24] in the Rosalena residential community as provided below.” Commission staff is not in a position to so substantially modify the enforcement order as to move the trail without Commission approval from the existing easements for trail purposes on private lots onto an adjacent conservation parcel. Nor would it be appropriate to move the trail due to habitat issues referenced in the staff report excerpt above. The Consent Agreement requires that the trail be consistent with the draft plan attached to the Consent Agreement and dated March 17, 2017, which also depicts the trail within the public access easement area on the private lots; thus, further confirming the Commission’s direction to construct the trail in that location. To effectuate timely construction of the trail, Section 4.3 of the Consent Agreement requires submittal of a Trail Plan within 270 days of issuance of the Consent Order [July 10, 2019]. As you know, the Association did not submit a Trail Plan by that deadline, which was due in large part to the Association’s pursuit of an amendment to CDP No. 6-85-482 to provide final approval of the location and design of trail fencing. That amendment, A6, was approved, and you signed the permit in November 2022. There has been ample time for the Association to Rosalena Owners Association August 22, 2023 Page 3 of 3 prepare a Trail Plan that incorporates the approved trail fencing. Thus, to comply with Section 4.3 of the Consent Agreement, the Association must submit a Trail Plan that complies with the terms of Section 4.3, including by locating the trail within the easement areas on the individual lots, by no later than September 22, 2023. Please note that pursuant to Section 14 of the Consent Agreement, the Association has agreed to pay stipulated penalties of $1000/day for failure to comply with any term of the Consent Agreement. Staff will consider the Association’s failure to submit a Trail Plan that is consistet with the draft plan dated March 17, 2017 by September 22, 2023 to be a violation of the Consent Agreement, and we will accordingly begin assessment of daily penalties. We are committed to ensuring the construction of the trail that the public has been denied for many years, and which the Association agreed to build nearly five years ago. We look forward to your cooperation and full compliance with the terms of the agreement that the Association entered into. Sincerely, Andrew Willis Enforcement Staff Counsel cc: The Rosalena Owners’ Association, Inc. Todd Reese, Parks Services Department, City of Carlsbad Lisa Haage, Chief of Enforcement, CCC Diana Lily, District Manager, CCC STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT OFFICE 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CALIFORNIA 92108-4402 PH (619) 767-2370 FAX (619) 767-2384 WWW.COASTAL.CA.GOV October 20, 2022 IMMATERIAL AMENDMENT TO COASTAL DEVELOPMENT PERMIT Coastal Development Permit Amendment No. 6-85-482-A6 Original Permit Number: 6-85-482 Issued to: Rosalena Home Owners Association for: Subdivision of a 167.9 acre site; Master Plan for approval of a mixed use, planned community development, consisting of a graduate university, research and development offices, recreational facilities, a commercial center, hotel conference complex, 603 (maximum) residential units in single-family and multi- family structures; and construction of Phase One of Master Plan consisting of a portion of the university and 129 residential units. at: Navigator Cir, Carlsbad (San Diego County) (APNs: 216-420-01 through -24) …has been amended to include the following change(s): Amend Special Condition A5-5 to allow for construction of a trail fence on Lots 2- 24, consistent with requirements of 6-85-482-A3. This amendment was determined by the Executive Director to be immaterial, was duly noticed, and no objections were received. Please note that the original permit conditions unaffected by this amendment are still in effect. Sincerely, John Ainsworth Executive Director Carrie Boyle Coastal Program Analyst Page 2 October 20, 2022 AMENDMENT TO COASTAL DEVELOPMENT PERMIT Coastal Development Permit – Immaterial Amendment No. 6-85-482-A6 cc: Commissioners/File ACKNOWLEDGMENT I have read and understand the above permit and agree to be bound by the conditions, as amended, of Coastal Development Permit 6-85-482-A5. Date: ___________________ Signature ______________________________ 11/04/2022 President, Rosalena Owners' Association, Inc. APPENDIX A CDP 6-85-482 Amended Special Conditions 6-85-482 (see Appendix B) 6-85-482-A1 A note in Commission staff files indicates 6-85-482-A1 was an immaterial amendment that extended the end of grading season from October 1, 1986 to November 1, 1986. 6-85-482-A2 A2-1 and A2-2 were added as follows: A2-1. Revised Landscape Plan. Prior to the issuance of the amendment to the coastal development permit, the applicant shall submit a revised and detailed landscaping plan indicating the type and location of plants and hydroseeding material and other landscape features for the bluff top lots #10-20 in Planning Area C of the project. The plan shall include an emphasis on creating an intermittent landscape screen to buffer the development on these lots from view from Interstate 5, Carlsbad Boulevard and Batiquitos Lagoon. Said plan shall be subject to the review and written approval of the Executive Director creating an intermittent landscape screen to buffer the development on these lots from view from Interstate 5, Carlsbad Boulevard and Batiquitos Lagoon. Said plan shall be subject to the review and written approval of the Executive Director. A2-2. Future Development/Rear Yard Accessory Uses. Until such time as a comprehensive plan for use of the rear yard areas of bluff top lots #10-20 in Planning Area C is reviewed and approved by the Coastal Commission or successor in interest, no placement of patios, trellises fences or other accessory residential uses shall occur. 6-85-482-A3 (denied) 6-85-482-A3-R (reconsideration) A3-1 through A3-4 were added as follows: A3-1. Final Plans. Prior to the issuance of the amendment, the applicant shall submit final plans for the proposed trellis structures and spas, including site plans and elevations. No trellis shall extend out more than eight feet from the exterior of the rear wall of any structure. Maximum trellis height shall be nine feet, six inches above finished grade of the lot upon which the trellis is to be located. Maximum diameter of any spa shall be ten (10) feet or less. The plans shall be submitted to, reviewed and approved in writing by the Executive Director. A3-2. Revised Setback Areas. Prior to the issuance of the amendment, the applicant shall record a restriction against the subject property and incorporated into the CC&R’s for the development, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee’s successors in interest and any subsequent purchases of any portion of the real property. The restriction shall prohibit the erection of structures of any type in the 45 foot structural setback adjacent to Lots 1-24 of Area “C,” with the following exceptions: (a) One landscaped wooden trellis per lot, subject to the plans approved in Special Condition #1 above, with a maximum height of 9’6” from finished grad and maximum width of eight feet from the outside edge of the posts supporting the trellis. Said trellis shall not extend out more than eight feet from the exterior of the rear wall of the residential structure. (b) Spas (maximum ten feet in diameter), barbeques, planters, garden walls and spa equipment enclosures not exceeding 36 inches above finished grade shall be permitted to be constructed to within 15 feet of the exterior of the rear wall of the residential structure, but not less than three feet (excluding spas which shall be a minimum of five feet) from the existing manufactured slope edge. (c) Decks, spas (maximum ten feet in diameter), patios and hardscape shall be allowed to within three feet of the existing manufactured slope edge or the inner edge of the ten foot trail easement (excluding spas which shall be a minimum of five feet) provided they do not exceed a height of ten inches above finished grade. The recording document shall include legal descriptions of both the applicant’s entire parcel(s) and the restricted area, and shall be recorded against each individual lot in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. A3-3. Landscaping Plan. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed landscape plan acceptable to the City of Carlsbad indicating the type, size, extent and location of all plant materials, the proposed irrigation system and other landscape features. Drought tolerant plant materials shall be utilized to the maximum extent feasible. Special emphasis shall be placed on the provision of additional tree elements to mitigate the additional rear yard accessory structures allowed under this permit. Said plan shall be submitted to, reviewed and approved in writing by the Executive Director. A3-4. Fencing. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed plan for the fencing of the proposed public access trail. Fencing on the lagoon (downhill) side of the trail shall be eliminated, and only transparent fencing materials shall be used on the uphill side of the trail. 6-85-482-A4 (withdrawn) 6-85-482-A5 A3-2 was amended as follows: A3-2. Revised Setback Areas. Prior to the issuance of the amendment, the applicant shall record a restriction against the subject property and incorporated into the CC&R’s for the development, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee’s successors in interest and any subsequent purchases of any portion of the real property. The restriction shall prohibit the erection of structures of any type in the 45 foot structural setback adjacent to Lots 1-24 of Area “C,” with the following exceptions: (a) One landscaped wooden trellis per lot, subject to the plans approved in Special Condition #1 above, with a maximum height of 9’6” from finished grad and maximum width of eight feet from the outside edge of the posts supporting the trellis. Said trellis shall not extend out more than eight feet from the exterior of the rear wall of the residential structure. (b) Spas (maximum ten feet in diameter), barbeques, planters, garden walls and spa equipment enclosures not exceeding 36 inches above finished grade shall be permitted to be constructed to within 15 feet of the exterior of the rear wall of the residential structure, but not less than three feet (excluding spas which shall be a minimum of five feet) from the existing manufactured slope edge. (c) Decks, spas (maximum ten feet in diameter), patios and hardscape shall be allowed to within three feet of the existing manufactured slope edge or the inner edge of the ten foot trail easement (excluding spas which shall be a minimum of five feet) provided they do not exceed a height of ten inches above finished grade. The recording document shall include legal descriptions of both the applicant’s entire parcel(s) and the restricted area, and shall be recorded against each individual lot in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. A3-4 was deleted as follows: A3-4. Fencing. Prior to the issuance of the coastal development permit, the applicant shall submit a detailed plan for the fencing of the proposed public access trail. Fencing on the lagoon (downhill) side of the trail shall be eliminated, and only transparent fencing materials shall be used on the uphill side of the trail. A5-5 was added as follows: A5-5. Fencing. (a) Fences, not exceeding six feet above finished grade, which includes up to two feet of block wall at the base, may be developed along the side property lines and along the rear of each lot. Rear yard fences shall be located not less than three feet from the inner edge of the ten foot trail easement, as depicted by Exhibit A, attached, and as recorded in Document No. 89-169467 (Lots 2-5) and on individual grant deeds (Lots 6-24). Rear fences and the west-facing side yard fence on Lot 24 shall be constructed of wrought iron or other visually permeable cable or smooth wire fencing. Side yard fences shall be constructed of visually permeable materials, such as wrought iron, cable, smooth wire, or solid clear materials designed to minimize bird-strikes. Clear glass or Plexiglas may be installed only if it contains UV-reflective glazing that is visible to birds or is used with appliqués (e.g., stickers/decals) designed to reduce bird-strikes, and to be installed consistent with manufacturer specifications. Lot owners shall be responsible for ensuring all rear and side yard fence materials are maintained throughout the life of the development to ensure continued effectiveness at minimizing bird strikes. Chain link fencing is not permitted. (b) WITHIN 180 DAYS OF ISSUANCE OF CDP No. 6-85-482-A5, the permittee shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restrictions on development. The recorded document(s) shall include a legal description and corresponding graphic depiction of the legal parcel(s) subject to this permit. (c) The deed restriction shall be recorded free of prior liens and any other encumbrances that the Executive Director determines may affect the interest being conveyed. (d) The deed restriction shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicant or landowner in perpetuity. The Permittee shall modify the homeowner association’s Declaration of Restrictions or CC&Rs, as applicable, in a form and content acceptable to the Executive Director, to reflect the obligations imposed on the homeowners’ association by the conditions of CDP #6-85-482-A5. This addition to the CC&Rs may not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit. 6-85-482-A6 A5-5 is amended as follows: A5-5. Fencing. (a) Fences, not exceeding six five feet above finished grade, which includes up to two feet of block wall at the base, may be developed along the side property lines and along the rear of each lot. Rear yard fences shall be located not less than three feet from A trail fence, not exceeding five feet above finished grade, may be located along the inner homeward edge of the ten foot trail easement, as depicted by Exhibit A, as revised, attached, and as recorded in Document No. 89-169467 (Lots 2-5) and on individual grant deeds (Lots 6-24). Rear fences Any trail fence and the west-facing side yard fence on Lot 24 shall be constructed of wrought iron or other visually permeable cable or smooth wire fencing. Side yard fences are limited to 36 inches, to within 15 feet of the exterior of the rear wall of the principal structure, and shall be constructed of visually permeable materials, such as wrought iron, cable, smooth wire, or solid clear materials designed to minimize bird-strikes. For all fencing, clear glass or Plexiglas may be installed only if it contains UV-reflective glazing that is visible to birds or is used with appliqués (e.g., stickers/decals) designed to reduce bird-strikes, and to be installed consistent with manufacturer specifications. Lot ownersThe Rosalena Owners' Association, Inc. shall be responsible for ensuring all rear and side yard fence materials are maintained throughout the life of the development to ensure continued effectiveness at minimizing bird strikes. Lot owners shall be responsible to ensure all side yard fence materials are maintained through the life of the development to ensure continued effectiveness at minimizing bird strikes. Chain link fencing is not permitted. (b) WITHIN 180 DAYS OF ISSUANCE OF CDP NO. 6-85-482-A6, the applicant homeowners’ association (HOA) shall: i. Submit to the Executive Director for review and approval documentation demonstrating that the applicant has executed and recorded a deed restriction in a manner that will cause said deed restriction to appear on the title to the individual residences, and otherwise in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit amendment, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property; and (2) imposing the Special Conditions of this permit amendment, as they apply to the HOA, as covenants, conditions and restrictions on the use and enjoyment of the individual residences. The deed restriction shall include a legal description of the entire parcel or parcels against which it is recorded. The deed restriction shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit amendment shall continue to restrict the use and enjoyment of the subject property so long as either this permit amendment or the development it authorizes, or any part, modification, or amendment thereof, remains in existence on or with respect to the subject property, or; ii. Modify the homeowners’ association’s Declaration of Restrictions or CC&Rs, as applicable, in a form and content acceptable to the Executive Director, to reflect the obligations imposed on the homeowners’ association by the conditions of this permit amendment. This addition to the CC&Rs shall not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit. iii. The Executive Director may allow additional time to modify the CC&Rs for good cause. Good cause must be demonstrated in writing. (b) WITHIN 180 DAYS OF ISSUANCE OF CDP No. 6-85-482-A5, the permittee shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restrictions on development. The recorded document(s) shall include a legal description and corresponding graphic depiction of the legal parcel(s) subject to this permit. (c) The deed restriction shall be recorded free of prior liens and any other encumbrances that the Executive Director determines may affect the interest being conveyed. (d) The deed restriction shall run with the land in favor of the People of the State of California, binding successors and assigns of the applicant or landowner in perpetuity. The Permittee shall modify the homeowner association’s Declaration of Restrictions or CC&Rs, as applicable, in a form and content acceptable to the Executive Director, to reflect the obligations imposed on the homeowners’ association by the conditions of CDP #6-85-482-A5. This addition to the CC&Rs may not be removed or changed without a Coastal Commission-approved amendment to this coastal development permit. ~ ~ ! i PLANS FOR: / / ' / ' / ' // ' BATIOUITOS LAGOON TRAIL /// ·_ -~··~· •... • \..... ',,, / ~ "" ' // . ,_ • ' / ' ... ~_/i ' // ' . . ' ' ,<tfJ;~ '· ',,, -ROSALENA HOMEOWNERS ASSOCIATION / . • ' / ' CARLSBAD, CALIFORNIA / ' / ' ,, • , • PROJECT DATA PROJECT DES:GRIF'TION1 THE PROPOSED PROJECT 15 INTENDED AS A PUBLIC PEDESTRIAN TRAL FOR COASTAL ACCE55 AND RECREATIONAL USE. OVERALL TRAL LENGTH• WIDTH Of TRAL• TRAL SURFACE= TRAI. CR055 5LOPE• VOLU1E Of D.G. TRAR.. SURFACE• VOLU1f Of CUT• VOLU1f Of FLL• LENGTH Of TRAL RETAINl'IG WALL• LENGTH Of RECONSTRUCTED 5DR5D 5DD-10<o DRANAGE DITCH= CITY OF OCEANSIDE ,, PROJE LOGATIO PAC.FIG OCEAN 1.225 FEET 4-FEET WIDE WITI1N A 10-FOOT EASEMENT DECOMPOSED GRANITE 17.-27. W CU. YD5. 1.310 CU. YD5. 202 CU. YD5. 1.2(o5 FEET 300 FEET MAX. j NOTTO ""'-' CITY OF ENCINITAS VICINITY MAP NOT TO SCALE WORK TO BE DONE THE IMPROVEMENT5 5HOWN ON THESE PLANS SHALL BE CONSTRUCTED ACCOROl'IG TO THE FOLLOWING STANDARD 5PECIFICATION5 AND STANDARD DRAWINGS OF THE CITY Of CARLSBAD. ?TANPARD ?PfCJF!CATIONf,• STANDARD 5PECIFICATION5 FOR PUBLIC WORKS CONSTRUCTION CGREENBOOK). 2021 EDITION. CITY OF CARLSBAD ENGINEERING STANDARDS. 2021 EDITION. / I , • ./..,> //// t !/' ~❖;/ . ,, . , > --' / , . ' , , . , , . ' / •, . = / , • ,C"' ' STANDAIW DRAWINGS• CITY OF CARLSBAD STANDARD ORAWNC.5. 2021 EDITION / . •.. / // , ',, C "/ •••••• // / ~ ,, ..,_, , "' , .... / ~ / '""' o, ,--, , w= ' , , ' -----"~--/, 1 I,, -----, u I .i // ,./', ' ,,~ ,: .\-\. / ,.,, ,,' '0\ •, / / Iii t,,,.;~~~ ~ ~• l ' / / •• --~··. ✓-••• •·. ~1// ~ // ◄ -~.....,,.J;; ::~;,';----~ / I •w• ~,....// -C:::::--§0'' / 'I' .. • • -~ ,, ;_\ -~-~~-~/' ' ,✓ ,/ SHEET INDEX '' -,,, ' 1\\ ~\ .,~~.,,_ // C-1 COVER SHEET I I ' / ,_, """' • ~, "" {2 I / ' // 1/ 1', / ~/ff/1/J <-; '•··.// C-3 C-4 C-5 C-G GRADING PLAN -LOTS 1. 24-20 GRADU'IG PLAN -LOTS 19-10 GRADING PLAN -LOTS 9-2 TYPICAL CROSS SECTIONS KEY MAP ~ 11 ~'/., ,~~j t.,~· ··.~ ,,, SC.ALE• t·=(c.0- C-7 PROPOSED SECTIONS. LOTS 24-12 C-8 PROPOSED SECTIONS. LOTS 11-2 C-9 ST AGING/EROSION CONTROL PLAN C-10 CONSTRUCTION DETAILS C-11 C-12 C-13 SIGNAGE + TRAIL ENHANCEMENTS PLAN DIRECTIONAL SIGN PLAN .; SIGN LEGEND SITE MAP FOR ANNUAL PHOTOGRAPHIC SURVEY CDP No. G-55-452 I 5HEET c-3' ---------------------- ;JJ m < 3890 MURPHY CANYON ROAD SUITE200 SAN DIEGO, CALJFORNIA92123 (858) 573-6900 o,llone) (858)573-8900(CP) BATIQUITOS LAGOON TRAIL ROSAL.ENA HOMEOWNERS ASSOCIATION COVER SHEET & KEY MAP ~1; cno---------------------------------------------------------------------------------------------~ = J. 7J 00 -N ~ )> O> m 0 m X I 65 =l ;i, ~ ~ ! i CONTRACTOR TO LOCATE DRAINAGE CHANNEL ON SLOPE SO AS TO MAINTAIN EXISTING DRAINAGE PATTERN------+-~ 7556 EXISTING DRAIN INLET LOT 20 TO REMAIN IN PLACE. ROUTE CABLE RAILING FENCE AROUND INLET ----4~ PRIVATE STORM DRAIN OUT TO STREET • e• A.C.P. PIPE AT I¼ FALL PER 1993 O'OAY PLANS J ;JJ m a,,,< ~ 1~~ ~ = J.li 0 "'1J 00 :::!m [ ~~ ~ 0>6 CD =l ;i, / . ,,,,.✓ __ .,:;:;:,,.....,, ~ I. BROW DITCH PER CITY OF SAN DIEGO REGIONAL STANDARD DRAWING SDD-I06. SEE DETAIL ON SHEET C-I0. RELOCATED BROW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. !i-FOOT HIGH IMAXIMUMI CABLE RAILING FENCE TO BE LOCATED ALONG THE HOMEWARD EDGE OF THE I0-FOOT WIDE TRAIL EASEMENT TO SERVE AS THE "TRAIL FENCE," UNLESS A GUARDRAIL IS REQUIRED ATOP THE TRAIL RETA!NING WALL, IN WHICH CASE THE GUARDRAIL ATOP THE TRAIL RETAINING WALL WILL SERVE AS THE TRAIL FENCE. 3. SEE TRAIL SIGNAGE AND ENHANCEMENTS ON SHEET C-11 ANO C-12. GRADING PLAN -LOTS 1. 24-20 SCALE: r=20' ~~ $CAt£:l"-20' 0 10 20 40 t 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858)573-6900{Slhonl) (858) 573-8900 (tu) BATIQUITOS LAGOON TRAJL ROSAL.ENA HOMEOV'l'NERS ASSOCIATION GRADING PLAN • LOTS 1, 24 -20 ~ ~ ! i I EXSITING PRIVATE STORM DRAIN OUT TO STREET -6" A.C.P. PIPE AT 1% FALL PER 1993 O'OAY PLANS // Ii /~ 01020 40 ;JJ m a,,,< ~ 1~~ ~ = J.li 0 7J 00 :::!m [ ~~ ~ 0>6 CD =l ;i, I l/ PRIVATE \_; INLET 9"•6-DIA. TRAIL EASEMENT LINE I ROSAL[NA I = I. BROW DITCH PER CITY OF SAN DIEGO REGIONAL STANDARD DRAWING SOD-106. SEE DETAIL ON SHEET C-10. RELOCATED BROW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. 5-FOOT HIGH !MAXIMUM/ CABLE RAILING FENCE TO BE LOCATED ALONG THE HOMEWARD EDGE OF THE 10-FOOT WIDE TRAIL EASEMENT TO SERVE AS THE "TRAIL FENCE," UNLESS A GUARDRAIL IS REQUIRED ATOP THE TRAIL RETAINING WALL, IN WHICH CASE THE GUARDRAIL ATOP THE TRAIL RETAINING WALL WILL SERVE AS THE TRAIL FENCE. 3. VIEW CORRIDOR, AS INDICATED, MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. 4. SEE TRAIL SIGNAGE AND ENHANCEMENTS ON SHEET c.n 8 C-12. 5. EXISTING CONCRETE BROW DITCH TO BE REMOVED FROM LOT 13, INCLUDING VIEW EASEMENT PROPOSED RELOCATED DRAINAGE DITCH {SEE NOTE #II ARROWS INDICATE FLOW DIRECTION. CONTRACTOR TO LOCATE DRAINAGE CHANNEL ON SLOPE SO AS TO MAINTAIN EXISTING DRAINAGE PATTERN 20' WIDE VIEW CORRIDOR (SEE NOTE #:;, , i A / 7544 I : ~ LOT IJ : I I : : I I : i ' ! : I ,! i 'i\ ! ! "--!-----r SEE 5-FOOT HIGH IMAX.) CABLE RAILING FENCE tSEE NOTE/f21 ~OT __ 81 -EASEMENT .....---___ .....c--~------ GRADING PLAN -LOTS 19-10 SCALE: 1"=20' 3890 MURPHY CANYON ROAD SUtTE200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 0,,-) (858) 573-8900 (IP) BATIQUITOS LAGOON TRAIL ROSAL.ENA HOME.OWNERS ASSOCIATION GRADING PLAN • LOTS 19 -10 ~ ~ ! i = I. BROW DITCH PER CITY OF SAN DIEGO REGIONAL STANDARD DRAWING S00-106. SEE DETAIL ON SHEET C-10. RELOCATED BROW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. 5-FOOT HIGH IMAXIMUMJ CABLE RAILING FENCE TO BE LOCATED ALONG THE HOMEWARD EDGE OF THE 10-FOOT WIDE TRAIL EASEMENT TO SERVE AS THE "TRAIL FENCE," UNLESS A GUARDRAIL IS REQUIRED ATOP THE TRAIL RETAINING WALL, IN WHICH CASE THE GUARDRAIL ATOP THE TRAIL RETAINING WALL WILL SERVE AS THE TRAIL FENCE. 3. VIEW CORRIDOR, AS INDICATED, MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. 4. SEE TRAIL SIGNAGE ANO ENHANCEMENTS ON SHEET C-11 8 C-12. 5. SEE STAIRWAY DETAILS ON SHEET C-10. ROSAL[NA 7530 LOT 6 \~ i \ \ \ =--a,; ~ Cl -. . ?t:-------~ ----~~ \ 11 1\ ~ -\\ \ \ GRADING PLAN -LOTS 9-2 SCALE: l":20' ;JJ m a,,,< ~ 1~~ ~ = J.li 0 7J 00 :::!m [ ~~ ~ 0>6 CD =l ;i, i \ \ \ /~ SCAU:1"•20' 01020 40 ---+-->-----TRAIL FENCE TO CONTINUE 130' FROM STAIRWAY LANDING ' T f ALONG ACCESS PATH \ i \ \ i i \ \ __ .,.....-·-;;,,- L __ _,.....-; 3890 MURPHY CANYON ROAD SUtTE200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 0,,-) (858) 573-8900 (IP) BATIQUITOS LAGOON TRAIL ROSAL.ENA HOME.OWNERS ASSOCIATION GRADING PLAN • LOTS9-2 APPENDIX B CDP 6-85-482 Special Conditions 1. In Fee Dedication. A. Prior to transmittal of the coastal development permit, the applicant shall execute and record an irrevocable offer to dedicate fee title for the wetland portions of the site, designated on Exhibit No. 5 of the staff report. The document shall include legal descriptions of both the applicant's entire parcel(s) and the area to be dedicated. The offer to dedicate shall be in a form acceptable to the Executive Director and run in favor of the People of the State of California. Said fee title may be accepted by the Wildlife Conservation Board of the State of California or other public resource management agency acceptable to the Executive Director. Any public agency accepting such dedication shall limit uses in the area to natural resource education, research or enhancement programs. The offer of dedication shall be recorded free of prior liens, except for tax liens, and free of prior encumbrances which the Executive Director determines may affect the interest being conveyed. The offer to dedicate shall be binding to successors and assigns of the applicant or landowner. The offer to dedicate shall be irrevocable for a period of 21 years, such period running from the date of recording. B. Prior to transmittal of the Coastal Development Permit, the applicant shall execute and record an irrevocable offer to dedicate an open space easement and deed restriction over the wetland portions of the site, designated on Exhibit No. 5 of the staff report. 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 in this permit. Erosion control structures may be allowed within the restricted area if approved by the Executive Director, in consultation with the Department of Fish and Game, pursuant to the terms and conditions of this permit. The offer of dedication and deed restriction 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 to dedicate shall be irrevocable for a period of 21·years, such period running from the date of recording. The deed restriction contained in the offer shall be binding from the date of recording until its termination with the acceptance of the fee dedication. If title to the property is accepted by a public agency as provided above in paragraph A, then this offer to dedicate and deed restriction, or the open space easement created by the acceptance thereof, shall terminate. 2. Steep Slope/Bluff Habitat Areas. Prior to the transmittal of the coastal development permit, the applicant shall submit, in a form acceptable to the Executive Director, 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 steep sloping lagoon bluff areas of the site as indicated on Exhibit #5 of the staff report. The document shall include legal descriptions of both the applicant's entire parcel and the easement areas. It shall prohibit the 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 in this permit. Public pedestrian trails, erosion control structures, and removal of debris shall be permitted, as approved by the Executive Director in consultation with the Dept of Fish and Game, pursuant to the Special Conditions of this permit. Any improvements permitted in this area shall be maintained on an ongoing basis through one of the following means: (1) The Batiquitos Lagoon Educational Park, with maintenance provided for in the CC&R''s of the subdivision; (2) a maintenance district; (3) a public agency; or, (4) the accepting agency, which shall have discretion of accepting maintenance responsibility at the time of acceptance of the easement. Until maintenance is assumed by one of the above, the applicant shall retain responsibility for the area. Further, a maintenance plan designating responsibility shall be submitted for the review and written approval of the Executive Director. 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 0f the State of California, binding the 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. 3. Future Development. This permit is valid only for the proposals listed below: (A) Conceptual approval of the Batiquitos Lagoom Educational Park Master Plan; (B) Subdivision of the site in accordance with Tentative Map 85-14; and (C) Implementation of Phase One of the Master Plan including: grading and construction for a portion of area A, areas B and C, as indicated on Exhibit #4 of the staff report. Subsequent implementation phases and elements of the project, including any realignment of Carlsbad Boulevard, shall require review and approval under [a] separate coastal development permit[s]. 4. Erosion, Sedimentation, and Drainage A. Submittal of Plans Prior to the transmittal of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director an erosion, sedimentation and drainage plan for the project. The plan shall be prepared and reviewed in accordance with the 1980 Master Drainage Plan for the City of Carlsbad, including the Model 'Erosion Control Ordinance contained in the plan. The erosion, sedimentation and drainage plans shall include: 1) A runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year, 6-hour frequency storm. Runoff control shall be accomplished by a variety of measures, including but not limited to: on-site catchment basins, detention basins, siltation traps and energy dissipaters. 2) Detailed maintenance arrangements and various alternatives for providing the on- going repair and maintenance of any approved drainage and erosion control facilities including the existing desilting basin located in area O. If the off-site or on-site improvements are not to be accepted or maintained by a public agency, detailed maintenance agreements binding the applicants and their successors in interest shall be secured prior to the transmittal of the permit. Such agreements shall be subject to the review and written approval of the Executive Director. 3) A plan and map for the protective staking and fencing off of the steep sloping bluff areas to be retained in open space pursuant to Special Condition 2 of this permit and as indicated on Exhibit #5 of the staff report. The plan shall specifically prohibit operating or parking earth moving equipment within or through these areas, stockpiling of earthwork or other disturbances within open space areas, except as permitted for erosion or sedimentation control purposes as allowed under Special Condition #2. The plan shall provide for the placement of fencing prior to any earthwork, grading or site clearance. Coordination with the District staff of the Coastal Commission shall also be provided, in order to allow for a field inspection after said staking and fencing is in place, but prior to commencement of grading, to assure compliance with the intent of these special conditions. B. Grading Activities. For all phases of construction, the applicant shall comply with these additional provisions on grading and erosion control: 1. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. 2. All grading activities, including that required for streets and utilities, shall be prohibited within the period from October 1st to March 31st of each year. All areas disturbed by grading, but not completed during the construction period, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and landscaping. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilization and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established with in that 90 day period. This requirement shall apply to all disturbed soils, including stockpiles. All planting shall conform to an approved landscaping plan per Special Condition #5 of this permit. Revegetation of graded pad areas may be required upon a written - determination by the Executive Director that planting is necessary either to assure adequate erosion and sedimentation control or to maintain the scenic integrity of the site. 5. Landscaping. Prior to the transmittal of the permit, a detailed landscaping plan indicating the type and location of plants and hydroseeding material, irrigation system and other landscape features for the project shall be submitted for the review and written approval of the Executive Director. Drought tolerant plant materials and native vegetation shall be utilized to the maximum extent feasible. The plant species list and landscape plan shall be reviewed by the Executive Director in consultation with the State Department of Fish and Game to guard against introduction of any species which are inherently noxious to, or incompatible with, the adjacent lagoon habitat. Landscaping in areas adjacent to the lagoon bluff, Interstate #5 and Carlsbad Boulevard shall include the use of specimen-sized trees to provide a landscape screen to buffer development in these areas from view from the adjoining roadways and from the lagoon. To assure that the landscape screening remains effective through the life of the project, the CC&Rs of the property owners association shall include provisions to prohibit the removal of the landscape materials and to assure their continued existence in a healthy and thriving condition. 6. Final Grading Plans. Prior to transmittal of the coastal development permit, the applicant shall submit for the review and written approval of the Executive Director, the final grading plans for the Phase 1 grading approved in the subject permit. The plans shall clearly show the existing and finished contours and topography of the areas to be graded or filled, as well as the existing topography of the areas to be left in their natural condition as open space. The plans shall be certified by a registered engineer or other qualified professional, to be true and accurate. The plan shall also contain reasonably accurate estimates of the amount of cut and fill grading required. The plans shall further include a grading schedule which outlines the units of grading that can be completed during the non-rainy season (April 1- Oct. 1). Any variation from this schedule shall be reported to the Executive Director immediately. 7. Buffer Zones/Setbacks. Prior to grading in area C, the applicant shall submit for the review and written approval of the Executive Director, final grading and buffer zone plans for the area to be graded. The plans shall reflect the following criteria and shall be reviewed in consultation with the State Department of Fish and Game. This criteria shall be applied to area C of the Master Plan, currently proposed for implementation, and to areas H, K and L of the Master Plan in subsequent permit applications pursuant to Special Condition #3 of this permit. Buffer zones between the lagoon bluff edge and bluff top structures for areas C, H, K and L shall be provided in accordance with Exhibit #5 of the staff report. Specifically, no buffer zone shall be less than 50-feet in width, except for the areas of specific home sites in area C where a buffer zone with a minimum width of 45 feet shall be allowed. 8. Applicant’s Assumption of Risk. Prior to transmittal of the permit. the applicant as landowner shall execute and record a deed restriction over plan areas N,O,P,C,H,L and the southerly 100-feet of area K, in a form and content acceptable to the Executive Director, which shall provide: (a) that the applicant understands that these areas of the site may be subject to extraordinary hazard from erosion and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any claim of liability on the part of the Commission and its advisors relative to the Commission's approval of the project for any damage due to natural hazards. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. 9. SLC Review. Prior to transmittal of the coastal development permit, the permittee shall obtain a written determination from the state Lands Commission that: A. No State Lands are involved in the development, or B. State Lands are involved in the development and all permits required by the State Lands Commission have been obtained, or C. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. 10. Archaeology. A limited testing program followed by a program of implemental preservation and/or impact mitigation for sites identified in the EIR for the project shall be implemented as recommended in the EIR and required by the City of Carlsbad. Any change in this requirement shall be reported to and approved in writing by the Executive Director. 11. Agricultural Conversion Mitigation Fee. The applicant shall submit evidence that, consistent with the Commission certified West Batiquitos Lagoon/Sammis Properties LCP segment, the required Agricultural Conversion Mitigation Fee for the 131 acres of agricultural land affected by the subdivision and Master Plan, has been paid and that such funds have been deposited with the State Coastal Conservancy. The applicant shall have the option of paying such fees in accordance with the three (3) phases of the project as specified in the Master Plan. Such evidence shall be submitted prior to the transmittal of the coastal development permit and shall be subject to the review and written approval of the Executive Director. 12. Signage. Prior to the transmittal of the coastal development permit, the applicant shall submit a comprehensive sign program for the project which shall include the use of freeway directional signs and other community identification or directional signs to direct traffic to the site via the Avenida Encina access rather than the Carlsbad Boulevard access proposed for implementation in Phase 3 of the Master Plan. The sign program shall be subject to the review and written approval of the Executive Director. 13. Public Access (change to vista point). Prior to transmittal of the coastal development permit, the applicant shall submit a public access plan for the project which assures compliance with the following requirements: (A) The public access vista point proposed for area c shall be maintained for public use and shall be appropriately marked with public access identification signs at the vista point and other areas to direct the public to those sites. (B) To provide access to the public access vista point proposed in area C, Navigator Circle shall not be limited to private use as currently indicated on project plans. (C) A continuous public access path shall be provided along the north shore of Batiquitos Lagoon. The location of such access path shall be determined subsequent to Commission review of the Batiquitos Lagoon Enhancement Plan. Should the approved enhancement plan include the determination that public access along the base of the bluffs is appropriate, provision of a path in that alignment shall be the responsibility of the applicant or, at the discretion of the accepting agency, the agency which accepts the offer to dedicate an open space easement over the area pursuant to Special Condition #2 of the permit, or, any other party identified as responsible for such improvements in the Enhancement Plan as approved by the Commission. Should the approved Enhancement Plan include the determination that a continuous public access path along the base of the bluffs would interfere with the habitat value of the lagoon resources, the continuous path shall be provided within the bluff-top setback area along the top of the lagoon bluffs in areas C, H, K and L respectively. In either case, a path of adequate width (minimum 10 feet) shall be provided with sufficient improvements to provide reasonable access along the north shore of the lagoon. To assure compliance with this condition, the applicant shall record the requirements listed in paragraphs A, Band C above, against the property in the form of a deed restriction. The form and content of the deed restriction shall be subject to the review and written approval of the Executive Director. The document shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. 14. Water Features. Prior to construction of any of the "water features" proposed, the applicant shall submit final plans for such features for the review and written approval of the Executive Director in consultation with the State Department of Fish and Game. Neither the use of water pumped from Batiquitos Lagoon for such features, nor the outflow of water from the water features into the lagoon, shall be allowed unless specified in the Batiquitos Lagoon Enhancement Plan as reviewed and approved by the Coastal Commission. 15. Building Heights/Materials. In order to protect the scenic quality of the area, all phases of the project shall conform to the following criteria: (A) The materials used for construction of the first row of structures along the lagoon bluffs shall be composed of wood and earth tones. White walls and red tiled roofs shall be prohibited for use on these structures. The maximum height for the structures within this area shall not exceed 25 feet. (B) No structures, other than the 90-foot campanile and the 55-foot-high volleyball training gymnasium, shall exceed a height of the 35-feet. CONSENT CEASE AND DESIST ORDER CCC-18-CD-04 AND CONSENT ADMINISTRATIVE CIVIL PENALTY CCC-18-AP-03 RECITALS 1.1 In November 1985, the California Coastal Commission (“Commission”) approved Coastal Development Permit 6-85-482 (the “CDP”). The CDP authorized a subdivision and construction of 70 of the 75 existing residences that currently comprise the Rosalena residential community in the City of Carlsbad (“City”).1 The CDP included special conditions, including a condition requiring construction of a continuous public access trail (“Trail”). 1.2 Pursuant to the CDP, the original developer, Sammis Properties (“Sammis”), commenced development of the Rosalena residential community but did not complete the development allegedly because of financial issues. Sammis eventually declared bankruptcy, and a second developer, Kaiza Poinsettia (“Kaiza”), acquired the property, completed the development of the houses, and assumed the obligations under the CDP. Neither Sammis nor Kaiza constructed the Trail, as required by the CDP. 1.3 In February 2015, Commission staff (“Staff’) sent a Notice of Violation letter to the Rosalena Owners’ Association (“Association”) regarding the long-standing failure of the developers of the residential project, and some of their successors in interest, including the Association, to construct the “Trail.” In this letter, Staff requested the Association to submit a plan to construct the Trail along the blufftop in the Rosalena residential community, as required by the CDP. 1.4 In March 2017, after initial submittal of a conceptual trail plan and then extensive efforts by, and collaboration between, the Association and Staff to develop a proposed trail plan to ensure that the Trail is sited and designed to best provide the best trail alignment and configuration for public access and to be most protective of coastal resources, the Executive Director of the Commission (“Executive Director”) issued a Notification of Intent to Commence Cease and Desist Order and Administrative Civil Penalties Proceedings (the “NOI”). The NOI provided formal notice of the Commission’s intent to resolve these trail issues through the administrative process, including, potentially, through a consensual resolution. 1.5 In September 2018, the Association took action consistent with its Conditions, Covenants and Restrictions to obtain agreement by its members to this Consent Cease and Desist Order and Consent Administrative Civil Penalty Action (referred to hereinafter collectively as “Consent Order”), and the effect of such action was to bind the members of the Association to the terms and conditions of this Consent Order in perpetuity. The Consent Order represents a settlement by the Association and the Commission (“Parties”) recognizing that the members of the Association, in light of failure of the developers of the Rosalena residential community to complete the Trail, offered to take responsibility for the completion of the Trail. In so doing, neither the Association nor any of its members acknowledge any guilt, wrongdoing, or liability 1 For the purposes of this document, “Rosalena community” refers to the area encompassed by the lots within Tract No. 11616 and an adjacent parcel identified as APN No. 216-571-29. September 27, 2018 Page 2 of 18 with respect to the allegations of the NOI. Nonetheless, to achieve this compromise, the Parties have agreed to the terms and conditions set forth in this Consent Order. 1.6 The Association and Commission have worked collaboratively to resolve these matters amicably and have mutually agreed to resolve the enforcement matter through this Consent Order. 2 CONSENT CEASE AND DESIST ORDER CCC-18-CD-04 Pursuant to its authority under California Public Resource Code (“PRC”) Section 30810, the California Coastal Commission hereby authorizes and orders the Association and the members of the Association2 to take all actions required and authorized by Consent Cease and Desist Order No. CCC-18-CD-04, including, but not limited to, those actions listed in Section 4 below, and the following: 2.1 Cease and desist from engaging in any development, as that term is defined in the Coastal Act3 (PRC Section 30106) and the City of Carlsbad’s Local Coastal Program (Municipal Code Section 21.04.107), on the properties identified in Section 8 of this Consent Order (hereinafter, the “Properties”), unless authorized pursuant to the Coastal Act, which includes pursuant to this Consent Order or the permitting process in the City of Carlsbad’s Local Coastal Program (“LCP”), or exempt from permit requirements under the Coastal Act or LCP, as appropriate. 2.2 Fully and completely comply with the terms and conditions of CDP No. 6-85-482, as amended, including by, among other things, constructing and maintaining a public access trail along the Trail Easement4 in the Rosalena residential community as provided below. 2.3 The Association shall provide notice to members of the Association, pursuant to and consistent with the terms of Section 4.2, below, that they are subject to the removal requirements of the Removal Plan required by that section. 2.4 Refrain from any attempts to limit or interfere with construction of the Trail or public use of the Trail, the Trail Easement, or public land adjacent to the Trail5. 2 The Association and the members of the Association are hereinafter collectively referred to as “Association”, except where explicitly referred to individually. 3 The Coastal Act is codified in Public Resources Code Sections 30000 to 30900. 4 Pursuant to the CDP, the Trail is required to be located within the “blufftop setback.” The location of the blufftop setback on lots 6-24 is identified in Tract Map No. 11616; its location on lots 2-5 is identified on the grant deed recorded as San Diego County Recorder’s Office Document No. 89-169467. To ensure the public’s right to use the Trail, and thus satisfy that requirement of the CDP, contiguous public access easements within the blufftop setback on each lot fronting the bluff edge were offered by the original developer across lots 2 through 19, and by individual lot owners over lots 20 through 24, and all such offers have been accepted by the City of Carlsbad, creating what is referred to herein in the aggregate as “the Trail Easement.” The location of the Trail Easement on lots 2-5 is identified in Document No. 89-169467, and on lots 6-24, in individual grant deeds. 5 Pursuant to Section 2.1.7 of the Covenants, Conditions, and Restrictions for the Rosalena of Batiquitos, the members of the Association have agreed not interfere with public use of the Trail; this provision reaffirms that commitment and, in addition, ensures that the Association and members of the Association do not interfere with public use of publicly accessible areas adjacent to the Trail.. Specifically, the members have agreed to “not interfere with the reasonable use and enjoyment of the Trail by persons having the right to such use and enjoyment of the September 27, 2018 Page 3 of 18 2.5 Refrain from undertaking any activity in violation of the Coastal Act, the CDP, or this Consent Order. 2.6 Refrain from modifying the CCRs in any way that would purport to allow for interference with the public’s right of access to the Trail or use of the Trail. 2.7 Modify the CCRs to reflect changes to fencing standards approved through CDP No. 6-85- 482-A5 within 180 days of approval of 6-85-482-A5. 3 CONSENT ADMINISTRATIVE PENALTY ORDER CCC-18-AP-03 Pursuant to its authority under PRC Section 30821 and its authority to authorize development, the Commission hereby orders the Association to pay an administrative civil penalty in the amount of $540,000 and orders and authorizes the Association to take certain actions in lieu of paying additional penalties, by complying with the terms and conditions listed herein, including taking all actions described in Section 5, and the Association has agreed to the same. 4 COMPLIANCE WITH CDP NO. 6-85-482 4.1 Within the timeframes identified below, the Association shall submit, for the review and approval of the Commission’s Executive Director, Removal, Trail, Signage, and Restoration Plans, as described in more detail below. The plans shall set forth the measures the Association proposes to fully comply with CDP No. 6-85-482. The Association shall revise these plans as the Executive Director determines necessary to bring them into compliance with the requirements below and then implement the approved versions of the plans, in compliance with the schedules set forth herein. 4.2 Removal Plan. Within 270 days of issuance of this Consent Order, the Association shall prepare and submit for the review and approval of the Executive Director of the Commission, a proposed plan (hereinafter referred to as the “Removal Plan”) containing all elements enumerated in this Section 4.2 and providing for notice to lot owners to remove all materials and structures identified for removal in the Removal Plan. A. The Removal Plan shall describe in detail all measures to be used for the removal and off-site disposal of all structures and materials to be removed. B. The Removal Plan shall include a site plan showing the location and identity of all structures and materials to be removed from the Trail Easement and from any other area of the Properties (hereinafter, “encroachments”). The list of encroachments shall include any materials or structures that the plan, as approved by the Executive Director, concludes must be removed to allow for the construction of the Trail. The site plan in the Removal Plan shall also show all retaining walls that are required to remain in place to support the Trail or Trail construction. Trail.” Moreover, the members of the Association collectively have become bound by the terms and issuance of this Consent Order through a vote of the members or by other means. September 27, 2018 Page 4 of 18 C. The Removal Plan shall identify the location of a pre-approved site(s) for the off-site disposal of all materials removed and all waste generated during removal activities pursuant to this Consent Order. The Removal Plan shall be provided to lot owners with notice that if a disposal site they select is located in the Coastal Zone and is not an existing sanitary landfill, a CDP is required for such disposal, and that all hazardous waste must be disposed of at a suitable licensed disposal facility. D. The Removal Plan shall indicate that removal activities shall not disturb areas outside of the areas from which the encroachments are removed. 1. Measures shall be included in the Restoration Plan, described below, for restoring any areas lagoonward of the Trail Easement that are disturbed by removal activities. These measures shall include restoration of the areas from which the encroachments are removed and any areas disturbed by those removal activities. E. The Removal Plan shall include a schedule/timeline of activities, the procedures to be used, and identification of the parties who will be conducting the removal activities. The schedule/timeline of activities covered by the Removal Plan shall be in accordance with the deadlines included in Sections 4.2.F and G, below. F. The Removal Plan shall indicate that within 90 days of approval of the Removal Plan by the Executive Director, the Association shall provide its members with notice to complete removal of the encroachments within 60 days from provision of notice and that such removal shall proceed in accordance with the terms of the approved Removal Plan and this Consent Order; if any member fails to comply with the notice, the Association shall, within the bounds of its authority, work cooperatively with the Commission to implement the Removal Plan. Expenses associated with removal of the encroachments shall be solely the financial responsibility of the lot owner. G. Within 30 days of the completion of the removal of all encroachments, the Association shall submit evidence for the Executive Director’s review and approval, in the form of a narrative report with supporting photographs, showing that the removal has been completed pursuant to the approved Removal Plan. 4.3 Trail Plan. Within 270 days of issuance of this Consent Order, the Association shall submit for the review and approval of the Executive Director of the Commission, a proposed plan (hereinafter referred to as the “Trail Plan”) containing all elements enumerated in Section 4.3, that provides for construction of a public access trail along the blufftop in the Rosalena community, in compliance with CDP No. 6-85-482, that is consistent with the proposed draft conceptual plan dated March 17, 2017 (except that the 2’ block wall depicted on the plan on the land side of the Trail will be addressed through a separate permit application and is not authorized through this Consent Order) (Attachment 1). The Trail Plan shall be in the form and of a level of detail that a third party can follow it as an accurate and adequate plan for construction, and shall conform to the requirements of CDP No. 6-85-482, the Coastal Act and LCP, and this Consent Order. September 27, 2018 Page 5 of 18 A. The Trail Plan shall be prepared by a qualified, licensed engineer. Prior to the preparation of the Trail Plan, the Association shall submit for the Executive Director’s review and approval the qualifications of the proposed engineer, including a description of the engineer’s background, training and experience. B. The Trail Plan shall include specifications and requirements for all development required to effectuate safe and reliable public access within the Trail Easement along the blufftop at the Rosalena community. C. The Trail Plan shall include a site plan that shows the alignment of the trail within the Trail Easement. The Trail Plan shall include a topographic map with 2’ contours showing all grading, staging, the limits of the area affected by trail construction, signage, structures, drainage facilities, landscaping, trails, parks, trail corridors, parking, roads, and locations and directions from which photographs will be taken annually for five years after construction of the Trail and included in the annual monitoring reports described in Section 4.3.K, below. The Trail Plan shall also identify the locations of all amenities described in Section 5, below, including signage, benches, bike racks, doggie mitt stations, a public telescope with steps, and an easement for a future trail connector to regional trails inland of the I-5. The Trail Plan shall be consistent with the following criteria: i. Grading – Final grading plans shall be at a scale of no less than 1:1200 (one inch to 100 feet). The grading plan shall include the Trail, access roads, and parking areas. ii. Trail Description (Trail Use, Alignment, Width, and Extents) – The Trail Plan shall include a detailed description of 1) the intended use of the trail (i.e. public pedestrian coastal access and recreational use) and how that use will be indicated (i.e. signage consistent with the signage plan described in Section 4.4, below, 2) alignment (i.e. within the Trail Easement), 3) trail width (i.e. 4’ wide trail within the 10’ wide Trail Easement), 4) trail surface material (i.e. decomposed granite or similar material), and 5) trail extent. The Trail Plan shall also identify connections to trails or accessways on adjacent Properties, including trail connections provided through this Consent Order. iii. Development Restrictions – No development, as defined in Section 30106 of the Coastal Act, shall occur within the Trail Easement except for development approved by this Consent Order or via coastal development permit(s) approved by the Commission or City of Carlsbad. iv. Operation and Maintenance Plan – The portion of the Trail Plan describing operation and maintenance shall specify that the Trail is available for public pedestrian use. Allowable maintenance activities shall be described, provided that all development that diminishes public access shall be prohibited. September 27, 2018 Page 6 of 18 v. Water Quality Protection - The Trail Plan shall demonstrate that the Trail will be constructed using standard Best Management Practices (BMPs) and building techniques that grade the surface to avoid concentration of drainage flows. Where concentrated flows cannot be avoided, appropriate energy dissipation shall be used that favors bio-engineering over hard solutions, including by incorporating Low Impact Development (LID) features to the maximum extent feasible. D. The Trail Plan shall include a detailed description of all equipment to be used. The Trail Plan shall designate areas for staging of construction equipment and materials, including receptacles and temporary stockpiles of materials, which shall be covered on a daily basis. Staging areas shall not be located on any existing trails or public accessways, the bluff slope or any area that supports native vegetation. E. In order to avoid disturbance of the coastal California Gnatcatcher or other bird species, there shall be no grading or use of mechanized equipment as provided in Paragraph 4.5.K, below. F. Prior to the initiation of any trail construction activities, the boundaries of the affected area shall be physically delineated in the field using temporary measures such as fencing, stakes, colored flags, or colored tape. G. The Trail Plan shall include a schedule/timeline of activities, the procedures to be used, and identification of the parties who will be conducting the trail construction activities. The schedule/timeline of activities covered by the Trail Plan shall be in accordance with the deadlines included in Sections 4.3.H, I, and J, below. H. The Association shall initiate construction of the Trail within 180 days of approval of the Trail Plan by the Executive Director. I. Within 180 days from initiation of construction of the Trail, construction shall be completed. J. Within 30 days of completion of construction of the trail, the Association shall submit evidence for the Executive Director’s review and approval, in the form of a narrative report with supporting photographs, showing that construction has been completed pursuant to the approved Trail Plan. K. The Association shall submit a written report on an annual basis for five years after construction of the Trail for the review and approval of the Executive Director, evaluating compliance with the approved Trail Plan and Signage Plan, described below, including an assessment, including photographs of the Trail and all Trail signage and amenities and any reports the Association has prepared, received, or is aware of, regarding trail usage, of the condition of the Trail, trail signage, and public amenities. The annual reports shall include recommendations for measures as necessary to meet the objectives of this Consent Order. The Association shall undertake these measures if approved by the Executive Director within the timeframe established in the Executive September 27, 2018 Page 7 of 18 Director’s approval. These reports shall also include photographs taken once a year from the same pre-designated locations (annotated to a copy of the site plans) indicating the condition of the Trail, trail signage, and public amenities. 4.4 Public Access Signage Plan. Within 270 days of issuance of this Consent Order, the Association shall submit, for the review and approval of the Executive Director, a Public Access Signage Plan (“Signage Plan”) that proposes a system of signs that clearly direct the public to, and mark the location of, public accessways and parking areas, consistent with the sign plans required pursuant to CDP 6-85-482, as amended and an interpretive sign program providing, through photographs, diagrams, and text, educational information about the physical and biological features of the coastal bluffs on the Properties and Batiquitos Lagoon. A. The Signage Plan shall include a map that identifies the content, size and appearance and location of all signs and any other project elements that will be used to educate, facilitate, manage and provide public access to and along the Trail. B. Signs shall be sited and designed so as to provide clear information without impacting public views and site character, consistent with the landscape plans approved pursuant to CDP 6-85-482, as amended. Signage shall include contact information for the entity that manages the Trail. Signage shall acknowledge the California Coastal Commission’s role in providing public access at this location by including the agency name and logo. C. At a minimum, the Signage Plan shall include, among other trail and interpretive signs, those signs described in Section 5, below, including 1) a minimum of 2 signs identifying the location of the trailhead that shall be sited and designed to be conspicuously visible to pedestrians and drivers traveling westbound on Windrose Circle at the intersections of Windrose Circle and Navigator Circle, 2) 1 sign at each intersection of Navigator Circle and Windrose Circle directing the public to the parking spaces described in Section 5, below, and a minimum of 1 sign at each location within the community where public parking will be designated pursuant to Section 5, below, 3) a minimum of 3 interpretive signs describing such things as the natural history, earth science aspects, and cultural history of the Batiquitos Lagoon and surrounding area, 4) a minimum of 4 directional signs to the trailhead parking area from the I-5 Freeway and Coast Highway, and 5) a trailhead map located in a conspicuous location near the trailhead, noting all public access paths throughout the Properties and in the vicinity of the Properties. The Signage Plan shall also describe and depict how the public parking spaces described in Section 5, below, will be designated for public use, e.g. through signage, striping, painting of curb, etc. D. Signs that limit public use of the Trail or give the impression that the Trail is not available to the public, or is available only for private use, are prohibited. E. The Signage Plan shall include a list of items to be included and schedule/timeline of activities, the procedures to be used, and identification of the parties who will be implementing the Signage Plan. The schedule/timeline of activities covered by the September 27, 2018 Page 8 of 18 Signage Plan shall be in accordance with the deadlines included in Sections 4.5.F, G, and H, below. F. The Association shall implement the approved Signage Plan within 60 days of completion of Trail construction, with the exception that the 2 directional signs at the intersections of Windrose Circle and Navigator Circle and the 4 directional signs to the trailhead parking area from the I-5 Freeway and Coast Highway, described above in Section 4.4(C), shall be installed within 90 days of approval of the Signage Plan. G. Within 21 days from initiation of implementation of the Signage Plan, implementation shall be completed. H. Within 60 days of completion of implementation of the Signage Plan, the Association shall submit evidence for the Executive Director’s review and approval, in the form of a narrative report with supporting photographs, showing that implementation of the Signage Plan has been completed pursuant to the approved Signage Plan. 4.5 Restoration Plan. Within 270 days of issuance of this Consent Order, the Association shall submit for the review and approval of the Executive Director of the Commission, a proposed plan (“Restoration Plan”) that provides for restoration of all areas of native vegetation impacted during construction of the trail and removal of encroachments, excepting those areas where restoration is precluded by the Trail itself, once built. In addition, the Restoration Plan shall provide for restoration of all “bare” 6 areas lagoonward of the Trail Easement that are adjacent to the Trail Easement. These restoration activities are hereinafter referred to as “Habitat Restoration.” The Restoration Plan shall also provide for additional habitat restoration and/or enhancement to mitigate for all impacts to native vegetation resulting from trail construction lagoonward of the Trail Easement. These habitat restoration activities are hereinafter referred to as “Habitat Mitigation.” Habitat Mitigation will conform to the 3:1 mitigation ratio for the impacted California Gnatcatcher occupied coastal sage scrub habitat types specified in the City of Carlsbad Local Coastal Program (“LCP”). Per the City of Carlsbad LCP, up to 1/3rd of the Habitat Mitigation may be provided in the form of enhancement of disturbed habitat. The Restoration Plan shall include, at a minimum, the elements and specifications set forth below. A. The Restoration Plan shall be prepared by a qualified restoration ecologist or resource specialist (“restoration specialist”). Prior to the preparation of the Restoration Plan, the Association shall submit for the Executive Director’s review and approval the qualification of the proposed restoration specialist, including a description of the restoration specialist’s background, training and experience. A restoration specialist for this project shall have experience successfully completing restoration or revegetation (using California native plant species) of California Gnatcatcher occupied coastal sage scrub and coastal bluff scrub. Implementation of the Restoration Plan shall be conducted by the restoration specialist; or, at a minimum, the restoration specialist shall oversee and supervise all activities to implement the Restoration Plan. 6 As identified in the Biological Technical Report dated September 2015 prepared by Glenn Lukos Associates. (See Attachment 2) September 27, 2018 Page 9 of 18 B. The Restoration Plan shall include a map(s), drawn to scale, that shows 1) the locations, plant community classifications, and areal extents of any existing vegetation that will be impacted by trail construction activities; 2) areas where Habitat Restoration will occur; 3) areas where Habitat Mitigation will occur;7 4) the type, size, and location of all plant materials that shall be planted in the Restoration Areas; 5) all invasive and non-native plants to be removed from the Restoration Areas; 6) the topography of the site; and 7) the specific locations and directions from which photographs will be taken annually and included in the annual monitoring reports to demonstrate restoration progress, as discussed in the section 4.6.R, below. C. Other than in those areas that are subject to trail construction activities, native vegetation and other coastal resources on the Properties and surrounding Properties shall not be disturbed by activities related to this Consent Order and to the Trail Plan. D. The Restoration Plan shall include an assessment of the unavoidable impacts to vegetation and to sensitive resources, including California Gnatcatcher habitat, resulting from trail construction and encroachment removal activities, which shall be limited to encroachment removal and necessary grading and vegetation removal within the Trail Easement. The Trail Plan shall demonstrate that trail construction and encroachment removal activities will be conducted in a way that minimizes impacts to native vegetation, and other coastal resources, on the Properties and surrounding Properties. E. The Restoration Plan shall quantify the areas of plant communities, using the habitat classifications in the City of Carlsbad LCP, impacted by trail construction activities lagoonward of the Trail, and specify whether impacts will be temporary or permanent. F. All Habitat Mitigation shall be undertaken in areas outside the Trail Easement that are currently identified as “bare,” “ornamental,” “developed,” non-native grassland, “disturbed,” or disturbed native vegetation communities, as identified in the Biological Technical Report dated September 2015 prepared by Glenn Lukos Associates. G. The Restoration Plan shall include a detailed description of the methods that shall be utilized to perform Habitat Restoration and Habitat Mitigation, and demonstrate that these methods will result in native vegetation in the Habitat Restoration and Habitat Mitigation areas with a similar plant density, total cover and species composition to the reference sites described below within five years from the initiation of restoration activities. The Restoration Plan shall include a detailed description of proposed reference site(s) including rationale for selection, location, species composition, and history of disturbance from fuel modification activities, fire, etc. The reference sites shall be located within areas of undisturbed native vegetation in the surrounding area. The reference sites shall be located as close as possible to the Restoration Areas, shall be similar in all relevant respects, and shall provide the standard for measuring success of the restoration under this Consent Order. 7 The areas where the Habitat Restoration and Habitat Mitigation will occur are collectively referred to herein as the “Restoration Areas.” September 27, 2018 Page 10 of 18 H. The vegetation planted in the Restoration Areas shall consist only of native, non- invasive plants indigenous to coastal sage scrub and coastal bluff scrub plant communities. All plantings used shall consist of native plants that were propagated from plants as close as possible to the Properties, in order to preserve the genetic integrity of the flora in and adjacent to the areas to be Restoration Areas and a schedule for installation of plants and removal of invasive and/or non-native plants. The Restoration Plan shall include performance standards to determine the success of the restoration. The performance standards shall identify that, based upon coverage and composition within the reference areas, “x” native species appropriate to the habitat should be present, each with at least “y” percent cover or with a density of at least “y” / square meter. I. Neither the Association or members of the Association shall plant or maintain invasive plant species on any area of the Properties that abut the Restoration Areas. The Restoration Plan shall demonstrate that all non-native vegetation has been eradicated from the Habitat Restoration and Habitat Mitigation areas prior to any restoration activities on the Properties. J. The Restoration Plan shall describe the use of artificial inputs, such as watering or fertilization, including the full range of amounts of the inputs that may be utilized. The minimum amount necessary to support the establishment of the plantings for successful restoration shall be utilized. No permanent irrigation system is allowed on the restored area of the Properties. Temporary above ground irrigation to provide for the establishment of the plantings is allowed for a maximum of three years or until the restoration has become established, whichever occurs first. If, after the three-year time limit, the restored vegetation has not become established, the Executive Director may allow for the continued use of the temporary irrigation system until such time as the restored vegetation is established. K. Removal of vegetation and construction of the Trail approved pursuant to this Consent Order, which is limited to the purpose of constructing the trail, shall not take place during the California Gnatcatcher breeding season unless preconstruction surveys conducted no more than three days prior to grading or construction demonstrate the absence of breeding/nesting within 150 feet of the project site, and/or after active nests have been abandoned. Outside of the California Gnatcatcher breeding/nesting season, prior to and during removal of vegetation, the resource specialist shall locate any individual gnatcatchers within the areas subject to the Trail Plan and direct vegetation removal to begin in an area away from California Gnatcatchers. In addition, the resource specialist shall walk ahead of vegetation removal equipment to flush any California Gnatcatchers towards areas of habitat that will be avoided. L. The Restoration Plan shall specify the methods to be used prior to, during, and after restoration to stabilize the soil and make it capable of supporting native vegetation. Such methods shall not include the placement of retaining walls or other permanent structures, grout, geogrid or similar materials. Any soil stabilizers identified for erosion control shall be compatible with native plant recruitment and establishment. The Restoration Plan shall specify the type and location of erosion control measures that will be installed in the September 27, 2018 Page 11 of 18 Restoration Areas and maintained until the Restoration Areas have been revegetated to minimize erosion and transport of sediment. Such measures shall be provided at all times of the year for at least three years or until the plantings have been established, whichever occurs first, and then shall be removed or eliminated by the Association. M. The Restoration Plan shall include a detailed description of all equipment to be used. All tools utilized shall be hand tools unless the resource specialist demonstrates to the satisfaction of the Executive Director that mechanized equipment is needed and will not have a significant adverse impact on resources protected under the Coastal Act, including, but not limited to: existing native vegetation and foraging and breeding areas of the California Gnatcatcher. The Trail Plan shall designate areas for staging of construction equipment and materials, including receptacles and temporary stockpiles of materials, which shall be covered on a daily basis. Staging areas shall not be located on any existing trails or public accessways, the blufftop, bluff slope, or any area that supports native vegetation. N. The Restoration Plan shall include maintenance and monitoring methodology, including sampling procedures, sampling frequency, and contingency plans to address potential problems with restoration activities or unsuccessful restoration. Monitoring and maintenance activities shall be conducted in a way that does not impact native vegetation or sensitive resources on the Properties or on adjacent Properties. O. The Association shall initiate Habitat Restoration and Habitat Mitigation within 360 days of completion of the Trail. P. Within 90 days from initiation of Habitat Restoration and Habitat Mitigation, these activities shall be completed. Q. Within 30 days of completion of Habitat Restoration and Habitat Mitigation, the Association shall submit evidence for the Executive Director’s review and approval, in the form of a narrative report with supporting photographs, showing that the restoration activities have been completed pursuant to the approved Trail Plan, as well as photographs of the Properties before and after the plantings required by the Restoration Plan have been completed. This report shall include a summary of dates when work was performed. R. The Association shall submit, on an annual basis for a period of five years (during the same one-month period each year, as specified in the Restoration Plan) a written report, for the review and approval of the Executive Director, prepared by a qualified resource specialist, evaluating compliance with the approved Restoration Plan The annual reports shall include further recommendations and requirements for additional restoration activities as necessary in order for the project to meet the objectives of the Restoration Plan. These reports shall also include photographs taken annually from the same pre- designated locations (annotated to a copy of the site plans) indicating the progress of recovery in the Restoration Areas. September 27, 2018 Page 12 of 18 S. At the end of the five -year period, the Association shall submit a final detailed report prepared by a qualified resource specialist for the review and approval of the Executive Director. If this report indicates that the restoration project has in part, or in whole, been unsuccessful, based on the approved Restoration Plan, the Association shall submit a revised or supplemental plan to compensate for those portions of the original program that were not successful. The Executive Director shall determine if the revised or supplemental restoration plan must be processed as a CDP, a new Consent Order, or a modification of this Consent Order. The Association shall implement the approved plans. 4.6 All work to be performed under this Consent Order shall be done in compliance with all applicable laws. 4.7 All plans, reports, photographs and any other materials that the Consent Order requires the Association to submit shall be submitted to: California Coastal Commission Attn: Andrew Willis 200 Oceangate, 10th Floor Long Beach, CA 90802 With a copy to: California Coastal Commission Attn: Marsha Venegas 7575 Metropolitan Drive #103 San Diego, CA 92108 5 SETTLEMENT OBLIGATIONS To settle the Commission’s claims for monetary penalties, the Association shall take the following actions, including by implementing all of the public trail parking and public access trail enhancements described below, within 270 days of issuance of this Consent Order, except where a different schedule is specified below. 5.1 Designate, by striping and signage, and maintain in perpetuity 10 parking spaces within the Rosalena Community near the Trail for public trail access parking. 5.2 Increase and enhance the existing public trail resources by installing and maintaining the following, which are also described in the Trail and Public Access Signage Plans, above: • at least 3 bicycle racks located at trailheads • interpretative signage • directional signage • at least 3 public benches located along the Trail • at least 3 trash/recycling facilities located at trailheads or along the Trail • at least 3 doggie mitt stations located at trailheads or along the Trail • at least one public telescope with steps at the vista point September 27, 2018 Page 13 of 18 5.3 Subject to approval by the City, install directional signage providing directions to the coastal access parking area and Trail from the I-5 Freeway and Coast Highway. 5.4 Pay $540,000 to the Batiquitos Lagoon Foundation, as set forth herein. The Association represents that it intends to collect the payments agreed to hereunder through a monthly assessment, beginning in January 2019, with the full amount that is assessed and collected to be submitted each year per the terms below. The Association shall make the payments in minimum annual payments of $13,500 to the Batiquitos Lagoon Foundation by January 31stof each year, beginning with January 31st, 2020. The payments are for the purpose of 1) funding nature program(s) operated by the Batiquitos Lagoon Foundation for school children, and in particular students from Title 1 schools; 2) purchasing coastal property or an easement(s) in the Batiquitos Lagoon area for the purpose of open space and public access; and 3) for other public access opportunities, such as acquiring and enhancing new public access facilities and areas, and for maintaining existing natural habitat lands in and around the Batiquitos Lagoon Ecological Reserve area West of the Interstate 5 freeway, with preference given to projects that can be completed within 2 years of effective date of this Consent Order. The Foundation, in consultation with Commission staff, shall develop a proposal for the expenditure of the funds (hereinafter “Proposal”), and shall submit the Proposal to the Executive Director for review and approval within 90 days of the effective date of this Consent Order. If the Foundation fails to submit the Proposal, or fails to implement the Proposal pursuant to the terms approved by the Executive Director, including, but not limited to, through failure to purchase coastal property or an easement within 18 months of approval of the Proposal, the Executive Director may direct the Association to pay any remaining funds to be paid into the Violation Remediation Account of the State Coastal Conservancy. In addition, if the Batiquitos Lagoon Foundation or the programs described in the Proposal cease to exist, the Executive Director may direct the Association to pay any remaining funds to be paid into the Violation Remediation Account of the State Coastal Conservancy. The Association shall provide confirmation on an annual basis that it has paid the funds to the Batiquitos Lagoon Foundation. In addition, the Batiquitos Lagoon Foundation shall transmit to the Executive Director, on an annual basis, a complete record of the Batiquitos Lagoon Foundation’s expenditure of the funds pursuant to the Proposal, including documentation, including photographs, and a description of the project and program elements funded and the amount expended on same. If said reports are not submitted, or do not confirm compliance with the terms of this order, the Executive Director may direct any funds remaining to be paid into the Violation Remediation Account of the State Coastal Conservancy. 5.5 Acquire an easement for public use of a potential trail connector immediately adjacent to the existing trail overlook and eastern terminus of the Batiquitos North Shore Trail within the Rosalena community that is intended to serve as a connection between the Trail and regional trails inland of the I-5. If the Association fails to secure said easement within 270 days of issuance of this Consent Order, the monthly assessments described above will be doubled, such that the amount due pursuant to Section 5.4 will be increased to $1,080,000, with the additional amount to be paid to the Violation Remediation Account of the State Coastal Conservancy. September 27, 2018 Page 14 of 18 6 REVISIONS OF DELIVERABLES The Executive Director may require revisions to deliverables required under this Consent Order, including but not necessarily limited to all plans submitted pursuant to sections 4.2, 4.3, and 4.5, and the Association shall revise any such deliverables consistent with the Executive Director’s specifications and resubmit them for further review and approval by the Executive Director within ten days of receipt of a request for modification from the Executive Director. The Executive Director may extend time for submittals upon a written request and a showing a good cause, pursuant to Section 15 of this Consent Order. 7 PERSONS SUBJECT TO THE ORDER The Association8, which includes all the members of the Association9, and their successors and assigns, including any successor association, are subject to all the requirements of this Consent Order and agree to undertake, as applicable, the work required herein according to the terms of the Consent Order. 8 IDENTIFICATION OF THE PROPERTIES The properties that are the subject of this Consent Order are described as follows: the properties located within the Rosalena Community, Carlsbad, San Diego County, also identified by the Assessor’s Parcel Numbers that are listed in Attachment 3.10 9 DESCRIPTION OF ALLEGED COASTAL ACT VIOLATIONS Failure to construct a public access trail and obstruction of construction of that public access trail11 in violation of Coastal Development Permit No. 6-85-482 and the public access provisions of the Coastal Act. 10 COMMISSION JURISDICTION The Commission has jurisdiction over resolution of this alleged Coastal Act violation pursuant to Coastal Act Sections 30810 (regarding enforcement of a permit previously issued by the Commission) and 30821. The Association agrees not to contest the Commission’s jurisdiction to issue or enforce this Consent Order. 8 Pursuant to Section 5.1 of the Covenants, Conditions, and Restrictions for the Rosalena community, the Association is the “management body” for the management, maintenance and control of the Rosalena community, including in matters related to the Trail. Pursuant to Section 5.2 of the CCRs, each lot owner is a member of the Association. Thus, the Association acts on behalf of all lot owners with respect to matters related to management and control of the Trail. 9 The members of the Association collectively agreed to the terms and issuance of, and to be bound by, this Consent Order by vote or other means. 10 Although the public access trail is required to be constructed within the Trail Easement on the lots listed here, all of the lot owners within the Rosalena community, as successors in interest to the CDP No. 6-85-542 permittee, are responsible for failure to construct the trail per CDP No. 6-85-542 and subject to the obligations of these orders, as applicable. 11As described in more detail in the NOI. September 27, 2018 Page 15 of 18 11 NONSUBMISSION OF STATEMENT OF DEFENSE In light of the intent of the parties to resolve these matters in settlement, The Association has not submitted a “Statement of Defense” form as provided for in Section 13181 of Title 14 of the California Code of Regulations and have agreed not to contest the legal and factual bases and the terms and issuance of this Consent Order, including the allegations of Coastal Act violations contained in the NOI. 12 EFFECTIVE DATE AND TERMS OF THE CONSENT ORDER The effective date of this Consent Order is the date the Commission issues the Consent Order. This order shall remain in effect permanently unless and until rescinded by the Commission. 13 FINDINGS This Consent Order is issued on the basis of the findings adopted by the Commission, as set forth in the document entitled “Findings for Consent Cease and Desist Order and Consent Administrative Civil Penalty.” The activities authorized and required in this Consent Order are consistent with the resource protection policies set forth in Chapter 3 of the Coastal Act. The Commission has authorized the activities required in this Consent Order as being consistent with the resource protection policies set forth in Chapter 3 of the Coastal Act. 14 COMPLIANCE OBLIGATION Strict compliance with this Consent Order by the Association is required. Failure to comply with any term or condition of this Consent Order, including any deadline contained in this Consent Order, unless the Executive Director grants an extension under Section 15, will constitute a violation of this Consent Order and shall result in liability for stipulated penalties in the amount of $1000 per day per violation. Stipulated penalties shall be paid within 15 days of receipt of written demand by the Executive Director for such penalties regardless of whether there has been subsequent compliance. If this Consent Order is violated, nothing in this agreement shall be construed as prohibiting, altering, or in any way limiting the ability of the Commission to seek any other remedies available, including the imposition of civil penalties and other remedies pursuant to Coastal Act Sections 30805, 30820, 30821, 30821.6, and 30822 as a result of the lack of compliance with the Consent Order, for the underlying Coastal Act violations as described herein, and for any new violations. 15 DEADLINES Prior to the expiration of the deadlines established by this Consent Order, the Association may request that the Executive Director grant an extension of the deadlines upon a showing of good cause, either because the Association has diligently worked to comply with its obligations under this Settlement Agreement but cannot meet deadlines due to unforeseen circumstances beyond its control, or because any deadlines should be extended if additional time would benefit the success of the obligations under this Settlement Agreement. Such a request shall be made in writing at September 27, 2018 Page 16 of 18 least 10 days in advance of the deadline and directed to the Executive Director, care of Andrew Willis in the Long Beach office of the Commission. 16 SITE ACCESS The Association shall, at all reasonable times, provide access to any areas of the Properties that are not already open to the public to Staff and any agency having jurisdiction over the work being performed under this Consent Order.12 Nothing in this Consent Order is intended to limit in any way the right of entry or inspection that any agency may otherwise have by operation of any law. Staff may enter and move freely about the portions of the Properties on which the violations are located and on adjacent common areas owned by the Association for the following purposes, among others: (1) to view the areas where activities are being undertaken pursuant to the requirements of the Consent Order, (2) to inspect records, operating logs, and contracts relating to the site, and (3) to oversee, inspect, and review the progress of the Association in carrying out the terms of this Consent Order. 17 GOVERNMENT LIABILITIES Neither the State of California, the Commission, nor its employees shall be liable for injuries or damages to persons or property resulting from acts or omissions by the Association in carrying out activities pursuant to this Consent Order, nor shall the State of California, the Commission or its employees be held as a party to any contract entered into by the Association or its agents in carrying out activities pursuant to this Consent Order. 18 SETTLEMENT OF CLAIMS The Commission and the Association agree that this Consent Order settles any monetary claims by the Commission for relief for those violations of the Coastal Act alleged in the Notice of Intent letter dated March 29, 2017, occurring prior to the date of the NOI, (specifically including claims for civil penalties, fines, or damages under the Coastal Act, including under Coastal Act Sections 30805, 30820, 30821, and 30822), with the exception that, if the Association fail to comply with any term or condition of this Consent Order, the Commission may seek monetary or other claims for both the underlying violations of the Coastal Act and for the violation of this Consent Order. In addition, this Consent Order does not limit the Commission from taking enforcement action due to Coastal Act violations at the Properties other than those that are the subject of the NOI. 12In their capacity as members of the Association, the members are obligated to provide access to the Properties from the trailhead and Trail because they have granted the Association an easement to enter any lot with a Trail easement for the purposes of performing or satisfying the duties and obligations of the Association, such as management of the Trail. With specific regard to the Trail, pursuant to Section 3.3 of the CCRs, the members have granted to the Association an easement “for the purposes of repairing and maintaining the Trail in accordance with the standards for such repair and maintenance that may be established by the California Coastal Commission.” September 27, 2018 Page 17 of 18 19 SUCCESSORS AND ASSIGNS This Consent Order constitutes a contractual obligation between the Association and the Commission, binding, including through the action described in Section 1.5, above, the Association, and therefore shall remain in effect until all terms are fulfilled. The Consent Order shall run with the land, binding the Association, and their successors in interest and assigns, including any successor association. 20 MODIFICATIONS AND AMENDMENTS Except for minor, immaterial matters upon mutual written agreement of the Executive Director and the Association, this Consent Order may be amended or modified only in accordance with the standards and procedures set forth in Section 13188(b) of the Commission’s administrative regulations. 21 GOVERNMENTAL JURISDICTION This Consent Order shall be interpreted, construed, governed and enforced under and pursuant to the laws of the State of California. 22 LIMITATION OF AUTHORITY 22.1 Except as expressly provided herein, nothing in this Consent Order shall limit or restrict the exercise of the Commission’s enforcement authority pursuant to Chapter 9 of the Coastal Act, including the authority to require and enforce compliance with this Consent Order. 22.2 Correspondingly, the Association has entered into this Consent Order and waived their right to contest the factual and legal bases for issuance of this Consent Order, and the enforcement thereof according to its terms. The Association has agreed not to contest the Commission’s jurisdiction to issue and enforce this Consent Order. 23 INTEGRATION This Consent Order constitutes the entire agreement between the parties and may not be amended, supplemented, or modified except as provided in this Consent Order. 24 STIPULATION The Association attests that they have reviewed the terms of this Consent Order and understand that their consent is final and that the Association stipulates to its issuance by the Commission. Sept mber27,2018 Page 18 of 18 25 CERTIFICATION OF AUTHORITY Th© ignat-01:y-bel0w-att<:l-sts-that-0n-0ehalf-0fthe-Assoeiation,·and-in-partthrouglrtire--.-----Ass ciation's authority under the CC&Rs to control and manage the Trail Easement, he or she has t e authority to represent and bind the Association and any st;1ccessor association in this agre ment. IT I I SO STIPULATED AND AGREED: On +half of the Association: Exec ted in San Diego on behalf of the California Coastal Commission; ~ J0-10-'2.DJI ◊hn ririsworlli, Exeoulivdl Datei October I 0,,'.101 ~ Atfaohmentt: Draft conceptual fra1tpla1t"<:lated l\1JJt¢li 17/2017 Attadhmenti: BioJQgic~l TechnicaJ Report clat.ed September 15 . A®J.hment 3: List of A.PN~ of properties within :the:l.tosalena Compi unity • ! I Appendix A Page 18 of 18 CCC-18-CD-04 CCC-18-AP-03 Appendix A Attachment 1 Page 1 of 7 CONCEPT PLANS FOR: BATIOUITOS LAGOON TRAIL , ROSALENA HOMEOWNERS ASSOCIATION CARLSBAD, CALIFORNIA / / / / / ' / / / / / / / / / / / / ' SCALE: 1 "=60' PROJECT DATA OVERALL TRAIL LENGTI-I: WIDTI-I OF TRAIL: VOLUME OF CUT: VOLUME OF FILL: VOLUME OF D.G. TRAIL SURFACE: 1,225 FEET 4 FEET 1,310 CU. 'YDS. 202 CU. 'YDS. 60 CU. 'YDS. LENG Tl-I OF CMU RETAINING WALL: 1,040 FEET LENGTI-I OF RECONSTRUCTED SDRSD D-15 DRAINAGE DITCI-I, CITY OF OCEANS I DE HIGHWAY PROJECT LOCATION 3S0 FEET MAX. ~OT TO SCALE >, / ' / ' / ' / ' / ' / ' / ' / ' / ' / / / / / / / / / / / r __________________ ..L ________ 7 I I I L---ri-I ()fe,\e \<t:,a,\Of .. """' ~.. . ~ ,..,,,.. ~ -~ ·~\ '°' '•• \ ., --,, ~ ,~J 'L'•• \ ~':-'\ ": • 10,. \ ~--... • •• ••••• / / PACIFIC OCEAN u KEY MAP 5CALE: l"=brZl' .,, f ' , f • <, ' CITY OF ENCINITAS VICINITY MAP NOT TO SCALE / / / / / / / / / / / / / / / , --~ 7iQI ~-,,, "" 7 \ ·, :--,,.,. "·· .. ~ ·,_ ,-..;:, JI; ---(', ~, ' ' ~~,~ .~,. ~-~~ .., ~ I.Or, ~'\.: ~· --. '"' ,. ~ •:;.:--.:: .. . 'S ,,,,, ...... ~ .. ,. ' ~,,., ~ . ""· <or, ..... ,·~ .. ~-•~. --~ r ':; "'• "-.:L ·:::-..: '"'"' --, 5!-4EET INDEX 2 3 4 1 COVER SI-IEET 4 KE'Y MAF SITE FLAN -LOTS I, 24-20 SITE FLAN LOTS IS-I0 SITE FLAN -LOTS S-2 TYPICAL CROSS SECTIONS PROPOSED SECTIONS, LOTS 24-12 PROPOSED SECTIONS, LOTS 11-2 ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJECT MIME: BA nQutros lAGOON TRAIL l?OSAlENA HOM£OWNEl?S ASSOCIATION DRAWING TtrlE: COVER SHEET & KEY MAP DESCRIPTION 0/?AWNBY: RF SCALE: 1"=601 OATE: MARCH 17. 2017 0/?AWING No.: SHT-1 Appendix A Attachment 1 Page 2 of 7 7c,54 LOT 18 PROPOSED RELOCATED DRAINAGE DITCH -ARROWS INDICATE FLOW DIRECTION. CONTACTOR TO LOCATE DRAINAGE CHANNEL ON Wall EXISTING_D,.G. TRAIL - --- ------ 7556 LOT 19 \ ' ' \ ---------------~ 7558 LOT 20 7560 LOT 21 Q E-X'IST t5fG-G0Ne • E-TI: P-A-T-Hw-- 1r x ··/ PfHDPp SE.'I? TRAIL yo/ J ONN f'iCT WITH E/ I-STING \ONCRETE -ATHWAY -+---~ ILOT 11 \", Ii ....... __ ....... _ -....... --....... ----....... --....... -- NOTES: I. BROW DITCH PER SDRSD D-75. RELOCATED BROW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. VIEW CORRIDORS MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL ROSALENA HOMEOWNERS ASSOCIATION. FROM SITE PLAN -LOTS 1, 24-20 SCALE: 1"=20' \ \ 0 \ \ \ \ \ \ \ \ I \ I SCALE: 1"=20' 10 20 40 FEET \ \ \ \ I I I I I I !J ' \ \ \ \ \ I I I I I I I \ I ) ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJccr NAM& BATIQUITOS lAGOON TRAIL ROSAlENA HOMEOWNERS ASSOCIATION D,ll,IW/NG rme; Kell. SITEPLAN- LOTS 1, 24 -20 DcSCKIPTION No. 23792 Exp. 12/31/1 CIVI or c ~ DRAWN BY: KF SCALE: 1"=20T DATE DATE: MARCH 17, 2017 DRAWING No.: SHT-2 Appendix A Attachment 1 Page 3 of 7 7560 LOT 21 "",' ~ I , , , , I • , I , , I , , I ~! 1 ,t "" CORRIDOR r 20' WIDE VIEW 7558 LOT 20 -f. ,' /1.....,,1.""'"-'"" "" -f. .... ,,,_ 1 "' ""---' ~ i' ~ -f. f ~ ·____, ...... --- SCA/£: I "=20' 0 10 20 40 FEET 7556 LOT 19 , f 7554 LOT 8 TR AIL EASEMENT LINE 7552 LOTS 16-17 -:A-IN- 2' HIGH UPPER CMU WALL I ROSALENA I t-0-=r-==6 ~~t'..:3:E .-EJSE 6 :r.:.r GE G · :R:i;::~:l,!CA: : PROPOSED RELOCATED DRAINAGE DITCH ARROWS INDICATE FLOW DIRECTION. CONT ACTOR TO LOCATE DR AINA GE CHANNEL ON SLOPE TO MAINTAIN EXISTING DRAINAGE PATTERN 754L LOT 13 -f. \ ' ' 7542 LOT 12 \ SITE PLAN -LOTS 1~-10 SCALE: 1"=20' PROPOSED TRAIL WALL 7540 LOT II "" -f. 7538 LOT 10 -f. (:.,36 LOT 9 7534 LOT 8 - ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJccr NAM& BATIQUITOS lAGOON TRAIL ROSAlENA HOMEOWNERS ASSOCIATION D.ll4WING rme; Kell. SITEPLAN- lOTS 19-10 DcSCKIPTION DATE --~~-~·'t·----t------,---. -~"-... \• • 8%.'\. 2-: 'C'' ':!- -f. •• "' '-·-$ ,-.______;\::1----+---------t-----i \\t -. -~ -~--:L-~--- . ', ... ---~ r -----=-.. -~ .. ~:. __ I' -_(j;-\ _-___.. .. -•. 2:6~,i-__ . ___ .,,._-:----:-·-~ :t -a\\ ______ -;-• IS _\= - NOTES: I. BROW DITCH PER SDRSD D-75. RELOCATED BROW DITCH TO BE CONSTRUCTED AT SAME INVERT ELEVATION AS EXISTING. 2. VIEW CORRIDORS MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. ~ "" ..,_, "" DRAWN BY: SCALE: DATE: \\tESS/0 t CR,tllA No. 23792 Exp. 12/31/1 CIVIL or c ~\_ KF 1"=20T MARCH 17, 2017 DRAWING No.: SHT-3 Appendix A Attachment 1 Page 4 of 7 ROSALENAI -f'l R-QP-0S-E8 'f-R-AI, ==--=---------- - ------ Bati(;\Uitos Lagoon SITE PLAN LOTS <3-2 SCALE: 1"=20' SCAle: 1"=20' 0 10 20 40 ~111111111111111111 iiiiiiiiiiii FEET 0 '( 71 rt I I , P R0PER :r: ¥ b IN 1a:=r r y e.) - -- NOTES: I. VIEW CORRIDORS MAY BE USED FOR CONSTRUCTION ACCESS WITH APPROVAL FROM ROSALENA HOMEOWNERS ASSOCIATION. 2. STAIRWAY AND RAILING AT TRAIL END TO BE CONSTRUCTED PER SAN DIEGO REGIONAL STANDARD DRAWING M-26. SEE SHEET 5 OF PLANS. ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJccr NAM& BATIQUITOS lAGOON TRAIL ROSAlENA HOMEOWNERS ASSOCIATION D.ll4WING rme; SITEPLAN- lOTS9-2 Kell. DcSCKIPTION No. 23792 Exp. 12/31/1 DRAWN BY: SCAle: KF 1"=20T DATE DATE: MARCH 17, 2017 DRAWING No.: SHT-4 Appendix A Attachment 1 Page 5 of 7 65 60 50 45 t to 105 95 90 2' HIGH DISTURBED SLOPES AND/OR SURFACES TO BE PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES -~ BLOCK WALL AT TOP OF SLOPE---if------1 1 I-' 1-=_ ' , 4' WIDE, 4" THICK D.G. TRAIL EXISTING TOPOGRAPHY • 11-,,,-,,1_111 111 • _,, '-," -, I l:;-l=rl-~,-cL,.,.__"",=n,.._ l TYPICAL CROSS SECTION WHERE TRAIL WALL IS NOT REQUIRED SCALE: 1"=5' VARIABLE HEIGHT RETAINING WALL C-2 FROM SAN DIEGO REGIONAL STANDARD DRAWINGS--~ 4' WIDE, 4" THICK D.G. TRAIL SECTION WHERE RAISED BERM BEHIND RESIDENCES MUST BE GRADED TO PERMIT TRAIL INSTALLATION BENCH ADJACENT TO TRAIL TO BE PLANTED WITH DROUGHT TOLER ANT, NATIVE SPECIES TYPICAL CROSS SECTION NORTHERLY LOTS WITH BERM GRADING SCALE: 1"=5' 70 65 55 50 90 85 75 70 DISTURBED AND FILL SLOPES TO BE PLANTED WITH DROUGHT TOLER ANT, NATIVE SPECIES-~ 2' HIGH BLOCK WALL AT TOP OF SLOPE---i---1 'I.I i ~ ~ :::: ~ I I I -1----- 6' MIN. 2' HIGH VARIABLE HEIGHT RETAINING WALL C-2 FROM SAN DIEGO REGIONAL STANDARD DRAWINGS--~ 4' WIDE, 4" THICK D.G. TRAIL TYPICAL CROSS SECTION TRAIL 4' BELOW GRADE WITH UPPER CMU WALL SCALE: 1"=5' RELOCATED DR AINA GE DITCH TO HAVE SAME INVERT ELEVATION AS EXISTING <l) :§ ~ ~ tt EXISTING TOPOGRAPHY BLOCK WALL AT I TOP OF SLOPE---i---1 I I /J----t----,, I I I ,.,,. ·•1-11 -I - -,TT 6' MIN. _--c-, VARIABLE HEIGHT RETAINING WALL C-2 BENCH ADJACENT TO -11 '-=I' FROM SAN DIEGO REGIONAL STANDARD DRAWINGS--~ TRAIL TO BE PLANTED WITH DROUGHT TOLER ANT, NATIVE SPECIES 4' WIDE, 4" THICK D.G. TRAIL TYPICAL CROSS SECTION WHERE DRAINAGE DITCH MUST BE RELOCATED SCALE: 1"=5' ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJECT NAME: BA TIQUITOS lAGOON TRAIL ROSAl£NA HOMEOWNERS ASSOCIATION DRAWING TtrlE: TYPICAL CROSS SECTIONS REV. DESCR/Pr/ON DATE ORAWNBY: RF sa4l£: OAT£: M4TCH 17,2017 DRAWING No.: SHT-5 Appendix A Attachment 1 Page 6 of 7 70 65 55 50 70 65 55 50 75 i.; 70 ti! ~ ~ \;:: ! ill 65 60 80 i.; 75 ti! ~ ~ \;:: ! ill 70 65 ~ -32 FEET TO RESIDENCE • I 2' HIGH BLOCK WALL 1--- ---------Z -------------,~ -•o---n•---24 FEET TO w :;;: w (fl <I w I 1---z w :;;: w (fl <( w ft I LOT24 CROSS SECTION SCALE: 1"=5' 9.2' THIS LOCATION 16' MIN.) LOT21 EXISTING SLOPE CROSS SECTION SCALE: 1"=5' '3Qlr RESIDENCE ----i I I DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 2' HIGH -1---- BLOCK WALL--1----l 11 ' • ---=l 1:':--'7 r -ft I 6' MINIMUM I[ RETAINING WALL----"'-H 1---z w :;;: w (fl 4' WIDE, 4" THICK D.G. TRAIL I -I II 11=--, -TIT EXISTING SLOPE LOT18 CROSS SECTION SCALE: 1"=5' <I w I -n, -35 FEET TO ---------------UV--RE s IDEN CE ---■-: DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 2' HIGH BLOCK WALL--1----l ft --1- I I i11w i 111,,111,1 ~11 w,, i~11i'1111 ~11111 -, .... l ---,, ,_ -11 I'- 6' MINIMUM --: -1rf111 1 --- RETAINING -=I_ WALL , -=I_ -1 '---cTT],"' ----:111-11 =---I ~11•-111--11- , _,, -i 11= EXISTING SLOPE 4' WIDE, 4" THICK D.G. TRAIL c:I1I=1 ' -cl I j_ BENCH ADJACENT TO ii- TRAIL TO BE PLANTED WITH DROUGHT TOLER ANT, NATIVE SPECIES LOT14 CROSS SECTION SCALE: 1"=5' ~-35 FEET 2, HIGH RESIDENCE 1---z w :;;: w (fl <( TO w I RELOCATED DRAINAGE DITCH BLOCK WALL I I DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED I _-_-_ _ EXISTING 1ill11i'~~LJi'l~lll,,,IIITT[= SLOPE ft ---=1 11 11 ~ _ lmrn\-;:;:;f,,~ I ~11111 111 I_ : -111~11 I ~~ I ,-=111=11 --- RETAININ --II1 ,illI11I~ WALL _ . 'I ,,_ 4' WIDE, 4" THICK D.G. TRAIL 9.0' THIS LOCATION 16' MIN.) EXISTING SLOPE 70 65 55 50 75 i.; 70 ti! ;,: @ ! ill 65 60 75 i.; 70 ti! ~ g ! ill 65 60 90 85 t ,.;: ~ g 80 ! ill 75 70 1---z w :;;: w (fl -\lo -38 FEET TO j LOT23 CROSS SECTION SCALE: 1"=5' ---------------UV--RE s I DENCE ~ 2' HIGH , BLOCK WALL AT DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED TOP OF SLOPE---117 4' WIDE, 4" 7.6' THIS LOCATION 16' MIN.) THICK D.G. TRAIL 1---z w :;;: w (fl ~-31 FEET TO j RESIDENCE ---•-ti 2' HIGH BLOCK WALL---1--l TT!._!11 i'~I I I~ I,, 1~1 Ii' 11 I I I -=I • • -: ,i Fl 'l,:I I{-- LOT20 CROSS SECTION SCALE: 1"=5' DRAINAGE DITCH MAY NOT REQUIRE RELOCATION DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED ft I 6' MINIMUM 'I I ', RETAINING -~"'I 1;:::11~'P-Jm,l"i'Y2'~~:---'- WA LL ---~!,,..,,.,!=;:;!_I~ IJ I 1,11:-111= EXISTING SLOPE 4' WIDE, 4" THICK D.G. TRAIL 1---z w :;;: w (fl -n. -34 FEET TO j ---------------UV--R Es IDE NC E • ! 2' HIGH BLOCK WALL I RELOCATED I DRAINAGE DITCH-~ ----1- r11I 11i' 111 1:-1 --I I ' _, I-=, '-----:I 1,----,TT[ - , I I 1=111=1 T ~-ITT-~ -=ITT TT ITT 'I 1==1 """"'--'--~ RETAINING _ 11 I= WALL ' J 4' WIDE, 4" .... -1_ I - LOT 16-17 CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED ft I 9.0' THIS 16' MIN.) I I I ' ' ' LOCATION THICK D.G. TRAIL -n. -35 FEET ------.UV-RESIDENCE 2' HIGH 1---z w :;;: w (fl <I TO w .I BLOCK WALL---111 1, RETAINING RELOCATED DRAINAGE DITCH LOT13 CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 6' MINIMUM I fTT-) I WAL L----;:;!I I ±iLJ;= ~ a= C,,-j I -TTT-:TTj_ TTT-Tfj_ J _ -I' Ill= EXISTING SLOPE -=I, 4' WIDE, 4" THICK D.G. TRAIL -,II. Ill_ 11_-1I~m= BENCH ADJACENT TO _fT'-=I' TRAIL TO BE PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES 70 1---z w :;;: w (fl LOT22 CROSS SECTION SCALE: 1"=5' -•o---n•---34 FEET TO '3 lj!r RESIDENCE <I w . I EXISTING WALL WITHIN EASEMENT TO BE REMOVED i.; 65 ti! ;,: g ! ill 60 55 75 2' HIGH BLOCK WALL---111 ::-1 ' '-=I I 1-1 I 1=-1 ' I 111= _!__, -1 I I 7 I Fill - 2-FT HIGH JI 1I- -111 CMU WALL -I = II" _, -111- 4' WIDE, 4" THICK D.G. TRAIL DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 6' MINIMUM EXISTING SLOPE LOT19 CROSS SECTION -n. ~34 FEET TO 1---z w :;;: w (fl <( w RELOCATED DRAINAGE DITCH SCALE: 1"=5' ---------------UV--R E s IDEN CE ----■-I i.; 70 l(j ,.;: ~ g ! ill 65 60 2' HIGH BLOCK WALL 75 i.; 70 ti! ~ g ! ill 65 60 ~-34 FEET TO RESIDENCE • I DRAINAGE DITCH DOES NOT REQUIRE RELOCATION----, 1---z w :;;: w (fl <( w 90 -n, -33 FEET ~ul, RESIDENCE 1---z w :;;: w (fl <( TO w -1 i.; 85 ti! ~ g ! ill 80 75 2' HIGH BLOCK WALL---117 ------- 11 ,W,II 11I1 ,Ill ,,ill, ,Ill 1111 1 ii II 1-==-'.1 ir' fFill ft I RETAINING WALL---ffLJ=I 1-•11 .I~' ,_ 111 I • •1 11- 4' WIDE, 4" THICK D.G. TRAIL DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 6' MINIMUM EXISTING SLOPE BENCH ADJACENT TO TRAIL TO BE PLANTED WITH DROUGHT TOLER ANT, NATIVE SPECIES LOT15 CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED ft I LOT12 13' THIS LOCATION 16' MIN.) EXISTING SLOPE CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED '1- -i 11-== -=I I I 6' MINIMUM -11_ -1 )_ BENCH ADJACENT TO -1 1 . ,. TRAIL TO BE PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJECT NAME: BA nQutros lAGOON TRAIL ROSAl£NA HOMEOWNERS ASSOCIATION PROPOSED SECTIONS LOTS24-l2 REV. DESCR/Pr/ON DATE ORAWNBY: RF sa4l£: OAT£: MARCH 17,2017 DRAWING No.: SHT-6 Appendix A Attachment 1 Page 7 of 7 95 80 105 too 95 ffi ,.; ~ ~ 90 i;:: ~ ill 85 lfO to 105 if ~ ~ i;:: §: "' ill 100 95 lfO 105 95 90 f-z w ::a: w (/) <( -\). -34 FEET TO I ~ or-RES I DENCE __ _, 2' HIGH BLOCK WALL----r--i 4' WIDE, 4" THICK D.G. TRAIL LOT 11 CROSS SECTION SCALE: 1"=5' EXISTING WALL WITHIN EASEMENT TO BE REMOVED DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED f-z w ::e w (/) <( Ft I 6' MINIMUM BENCH ADJACENT TO TRAIL TO BE PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES too 95 85 80 f-z w ::e w (/) <( w -\). -33 FEET TO I ~or-RESIDENCE , Ft LOT10 CROSS SECTION SCALE: 1"=5' 2' HIGH I BLOCK WALL --1 DASHED LINE INDICATES PORTION OF KNOLL TO BE REMOVED _ ,ill. JTT ;' II II 1--111=-- - 6=:crfl=ITT;-1-• "-11 1 m m-T. i=--I11=I1I= RETAINING • " WALL---::'1rr.L,.,.,L'_' 4' WIDE, 4" THICK D.G. TRAIL LOTS CROSS SECTION SCALE: 1"=5' 6' MINIMUM ' .=-I' I I ,l~III ,. lrllti'll111 . , • I 11----=1 I BENCH ADJACENT ,W- TO TRAIL TO BE " PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES EXISTING SLOPE -\In -35 FEET TO ~or-RESIDENCE------~ f-z w ::a: w (/) <( w too 95 85 80 f-z w ::a: w (/) <( -\). -34 FEET TO I ~or RESIDENCE _ ___, Ft I I I LOT9 CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF KNOLL TO BE REMOVED 2' HIGH -----1- BLOCK WALL---i---1 , I II 111=11_ _ _ _ _ ---,,J 6' MINIMUM -'II= 11-'1 '-111=--- Ft I ~I I RETAINING WALL--~.!l_jl 4' WIDE, 4" THICK D.G. TRAIL r--..._ I ..._ I I I 111 111-111 II_ • ' '----= 11-' • • ·= -=111-, C -1. ,, I ~-'~,1"'-1 ,- BENCH ADJACENT =I II- TO TR AIL TO BE !=- PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES LOT7 EXISTING SLOPE CROSS SECTION SCALE: 1"=5' -\). -34 FEET TO I ~or-RESIDENCE-----o-; Ft I I I DASHED LINE INDICATES PORTION OF KNOLL TO BE REMOVED 105 EXISTING WALL TO REMAIN IN PLACE 2' HIGH ------1 OF KNOLL TO BE REMOVED [ DASHED LINE INDICATES PORTION 2' HIGH ------I - BLOCK WALL---1--l 4' WIDE, 4" THICK D.G. TRAIL f-z w ::e w (/) -\), -41 FEET TO j ~or-RESIDENCE -------~1 EXISTING WALL TO REMAIN IN PLACE---i 2' HIGH BLOCK WALL I I I 4' WIDE, 4" THICK D.G. TRAIL -\). -80 FEET TO ~or-RESIDENCE =J 2' HIGH BLOCK WALL RETAINING , WALL---=-~~ 4' WIDE, 4" THICK D.G. TRAIL LOT4 CROSS SECTION SCALE: 1"=5' DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED U,.III _ I= 6' MINIMUM ft I EXISTING : SLOPE I • ,1_1. -- 6' MINIMUM EXISTING SLOPE LOTS CROSS SECTION SCALE: 1"=5' 6' MINIMUM EXISTING SLOPE -\), -69 FEET TO ~LJV-RESIDENCE~ 2' HIGH 105 BLOCK WALL • le • "----=I I =I I'-' RETAINING .il11I i'I ' WALL to 100 IE ~ ~ i;:: ~ ill 95 90 lfO to 105 if ~ g ~ ill 100 95 BLOCK WALL -------~----,,, _ =Ill TT-,-,-,.-=1 --I ',,,, j ...--r~nd~llli 11-1111ill, i'll111llli:-111 I ri:Fill ',,,,__ 6' MINIMUM = 111 11 1=-11 1=1 -11= ..._ I I_ ,-11=-RETAINING -=Ill_ ~~~-~ 111L11-• wALL ,=ffi=I = 11 1 II ,J11 1111 111~11 11 11_ rn .111 11 m .m 111. II1,Ii' .1 ,,.,._ =11 ""1 m-1 I l=ml I le,:\. ""I 11-' -i I I'. _,, ' _, • •--::1 --=111_ 1::-' 1=1; ·-· • _1 11=1 , BENCH ADJACENT TO -=II I= 4' WIDE, 4" THICK D.G. TRAIL -\), -51 FEET TO f-z w 2 w (/) <( w TRAIL TO BE PLANTED 'll, WITH DROUGHT TOLERANT, NATIVE SPECIES EXISTING SLOPE ~or-RESIDENCE------~ 2' HIGH BLOCK WALL ft J DASHED LINE INDICATES PORTION I OF KNOLL TO BE REMOVED I --7'----, LOT3 CROSS SECTION SCALE: 1"=5' ----------', 4' WIDE, 4" THICK D.G. TRAIL I ' I ' I , , 6' MINIMUM ' ' ' I _, •-111=111 Ill 111- ·-111=1" -Ill="-' ' 1=111 -=. '=I EXISTING SLOPE BENCH ADJACENT TO TRAIL TO BE PLANTED WITH DROUGHT TOLERANT, NATIVE SPECIES LOTS CROSS SECTION SCALE: 1"=5' LOT2 CROSS SECTION SCALE: 1"=5' ft DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED ,,o I DASHED LINE INDICATES PORTION OF SLOPE TO BE REMOVED 6' MINIMUM EXISTING SLOPE tot05 IE ~ g ~ ill too I 6' MINIMUM _111-111 _JI' -7Tf I _ -I I ' EXISTING SLOPE 95 4' WIDE, 4" ·- THICK D.G. TRAIL 95 ENGINEERS & GEOLOGISTS 3890 MURPHY CANYON ROAD SUITE 200 SAN DIEGO, CALIFORNIA 92123 (858) 573-6900 (phone) (858) 573-8900 (fax) PROJECT NAME: BA nQutros lAGOON TRAIL ROSAl£NA HOMEOWNERS ASSOCIATION PROPOSED SECTIONS LOTS 11-2 REV. DESCRIP170N DATE ORAWNBY: RF sa4l£: OAT£: MARCH 17,2017 DRAWING No.: SHT-7 STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 301 E. Ocean Blvd., Suite 300 Long Beach, CA 90802-4302 (562) 590-5071 SENT VIA REGULAR MAIL AND EMAIL September 15, 2023 Rosalena Owners’ Association Adams Stirling Jamie L. Handrick, Esq. 591 Camino de la Reina, Suite 920 San Diego, CA 92108 Subject: Consent Cease and Desist Order and Consent Administrative Civil Penalty (CCC-18- CD-04 & CCC-18-AP-03) Dear Jamie L. Handrick: I am in receipt of your letter dated August 30, 2023 regarding construction of a public access trail at the Rosalena community. We are committed to getting this trail in place as quickly as possible and are glad to respond to the questions you raised, but we want to move forward with submittal of a trail plan now, as described below. Generally, to respond to your suggestion that the matter of the right of public access to the required trail is unsettled, the good news is that this does not seem to be the case. Commission staff notes that the reservations of access in the initial grant deeds for lots 2-19, as well as the offers to dedicate access easements over lots 20-24, have sufficiently provided the public with the right to access the trail when constructed and have been appropriately recorded on the titles of the affected lots.1 We can provide copies of these recorded documents if need be, granted any current owner would have notice of these easements and access to the documents through a title report. Commission staff understands that at the time of approving the 1993 grading plans for the trail, the City of Carlsbad was also comfortable with public access to the trail, as is reflected in the attached letter2, hence the approval of grading plans, which include a list of the grant deeds containing the reservations of access. However, we are happy to discuss with the City any steps that need to be taken with respect to access in order to facilitate the current processing of a City grading permit for the trail. Those discussions, however, need not delay the Association’s submittal of a plan for construction of the trail since discussion of the mechanisms to provide access to the trail does not affect the location in which the Commission has ordered the trail constructed. 1 As you know, the Rosalena CC&Rs also notify owners that a pedestrian trail is planned to cross certain lots and it is intended to be a public trail. The CC&Rs prohibit owners from interfering with the public’s enjoyment of the trail as well (Section 2.1.17). 2 As is described in the staff report for the Consent Agreement, subsequent to transmittal of the attached letter, the Rosalena Owners’ Association blocked construction of the trail pursuant to the approved plans, which is one component of the Coastal Act violations addressed by the Consent Agreement. Rosalena Owners Association September 15, 2023 Page 2 of 2 As described in my letter dated August 22, 2023, the Commission has required submittal of a plan to construct a trail within the easement areas established by these documents through Consent Cease and Desist Order and Consent Administrative Civil Penalty CCC-18-CD-04 & CCC- 18-AP-03 (“Consent Agreement”). The Association’s euphemistically named “Green Plan”, which would encroach beyond the easement areas and further into habitat for an endangered bird species, is not consistent with the terms of the Consent Agreement, and, thus, it fails to satisfy the requirements of the Consent Agreement. Therefore, submittal of the trail plan must not be delayed to allow the Rosalena Owners’ Association time to attempt to gain approval for the Green Plan. Nor does submittal of the trail plan need be delayed to allow the Association to obtain a grading permit from the City of Carlsbad for the trail, since the deadline for trail construction is separate from the deadline to submit the trail plan in the Consent Agreement, and Commission staff will accommodate modification of the deadline to construct the trail as might be necessary to allow the City’s process for review of the grading permit to proceed. For those reasons, I am not rescinding our demand for payment of stipulated penalties if the trail plan is not submitted in a timely manner. However, we remain more than willing to work with you to get this trail in place as quickly as possible. Therefore, to allow for an opportunity to discuss submittal of the trail plan, I am moving the deadline to submit the plan to October 23, 2023. Please contact me when you receive this letter to arrange a meeting with Commission and City staff. Sincerely, Andrew Willis Enforcement Staff Counsel Encl: March 9, 1994 letter from City of Carlsbad cc (by email): The Rosalena Owners’ Association, Inc. Izzak Mireles, Community Development Department, City of Carlsbad Lisa Haage, Chief of Enforcement, CCC Diana Lily, District Manager, CCC City of Carlsbad 53•1; ,I;,;. i U IN •24!24 t-1 ~1; ,t§ h I March 9, 1994 Mr. Chuck Damm California Coastal Commission 3111 Camino del Rio North, Suite 200 San Diego, California 92108-1725 SUBJECT: ROSALENA BLUFFTOP TRAIL CONSTRUCTION Dear M-r.. Da!nm: CALIFORNIA COAST AL COMMiSSION SAN DIEGO COAST DISTRICT' It is the City's understanding that Coastal Commission staff has requested the applicant of the Rosalena blufftop trail, Kaiza Poinsettia Corporation, to withdraw their amendment application (Coastal Commission project #6-85-482-A-4) which was originally considered at the November 1993 Coastal Commission hearings. The city now assumes that no further Coastal review is required and the approved trail plans are in substantial conformance with existing Coastal approvals. Kaiza has processed"trail plans which received City approval and posted a financial security with the City .to guarantee the trail's construction. Therefore, the Ci.ty is in a position to allow the·trail construction to commence at any time. If the City does not receive written input from the Coastal Commission proposing another course_of action by March 23. 1994, the City intends to allow Kaiza to commence trail construction any time after March 23 with the objective of completing the trail before this year's winter grading restriction in October. A related issue is the issuance of building permits for rearyard trellises. Since a financial security for the trail construction is posted, trail plans are approved and no further Coastal review is required, trellis permits can be issued after the March 23 date. The City hopes that the Coastal Commission will concur with tnis course of action as the most efficient way to resolve this longstanding issue and construct the trail. Thank you for your attention to this matter. Sincerely, CITY OF CARLSBAD MARTY ORENYAK Community Development Director c: Gary Wayne, Assistant Planning Director Brian Murphy, Kaiza Poinsettia Corporation 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • {619) 438-1161 VIA E-MAIL & U.S. MAIL Mr. Eric Lardy City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Eric.Lardy@carlsbadca.gov Ronald Kemp, Esq. City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Ronald.Kemp@carlsbadca.gov Attachment C Los Angeles I Orange County I Palm Desert Sacramento I San Diego I San Jose I Sa n Luis Obispo I Stockton I Temecula Reply to: 591 Camino de la Reina, Suite 920 San Diego, CA 92108 (800) 464-2817 October 10, 2023 Re: The Rosalena Owners Association: PRE2023-0046 -Trail Dear Mr. Lardy & Mr. Kemp: As you are aware, we represent The Rosalena Owners ("ROA"). As requested by the City of Carlsbad ("City") during the Zoom meeting on October 5, 2023, attached are the documents that discuss the trail that were provided to our office by Andrew Willis at the California Coastal Commission ("Coastal"). ROA was directed to include these documents in its final Plan Application referred to in Mr. Lardy's letter dated September 22, 2023, as "Option l" for City permit review, which were previously determined to be insufficient for City to do a comprehensive legal review to determine that all the affected lots have an existing dedicated public trail easement. ROA was informed by City that reservation of a trail easement on a grant deed does not constitute a dedicated public trail easement. In a brief review of the history of this project, ROA believes the City and developer worked together to plan and construct a trail on the west border of ROA on Lot 81. City approved that trail segment and a public trail was built with an easement on Lot 81 owned by the developer at the time. For inexplicable reasons, a trail on the lagoon blufftop was planned by City and the developer to encroach on private lots 2-24 instead of undeveloped Lot 81. Thereafter, City approved construction and sale of the blufftop homes without requiring the timely securing formal/dedicated public trail easements on Lots 2-19, and approved the sale of those blufftop homes without construction of the trail at all. After the entire ROA community was built, as approved by City and all homes sold, the developers were pressed to finally build the public trail. The developers went bankrupt, leaving the homeowners with CC&Rs written by developers which included a public trail, but without resources, formal easements, or recourse regarding the trail. www.AdamsStirling.com ❖ www.Davis-St irling.com ❖ www.CommercialCID.com October 10, 2023 Page2 Since then, there has been much confusion and misinformation from City and Coastal to ROA regarding how to eventually build the trail. In February 2023, City notified and provided the ROA recorded easements for trail purposes only for lots 20-24. In February of 2023, City indicated it is a requirement that all of the affected lots have an existing dedicated public trail easement. A reservation of a trail easement on a grant deed does not constitute a dedicated public trail easement. ROA ordered and paid for preliminary title reports for lots 2-19 and there do not appear to be dedicated public trail easements across these lots. If there are, please forward those documents to our office as soon as possible. ROA prepared a Green Plan (what Mr. Lardy refers to as "Option 2" in his letter) for construction of a trail on Lot 81, upon which a public trail easement could most likely be secured, which is less than 10 feet below the Option 1 trail plan. ROA believes the Option 2 trail plan is consistent with the draft conceptual plan dated March 17, 2017 referenced in the Consent Order and would be a superior, more enjoyable path for the walking public than the Option 1 trail plan. ROA has also secured a verbal commitment from private owners of Lots 2-4 to build the Option 2 trail across their lots. EN GEO is submitting the Plan Application to City on behalf of ROA (for the Option 1 trail plan) as ROA was instructed by City to do in the Zoom meeting on October 5, 2023. Based upon the above, ROA completed all tasks in its power which would support the construction of a blufftop trail. ROA requests that City take over this trail project and work with Coastal to negotiate the specifics and ensure ROA has the legal authority to construct the blufftop trail. ROA will work with City to publicize the final reality of this trail as an example of cooperation between City, Coastal, and private homeowners all for the benefit of the public and access and views to the beautiful coastlines. Encls. (via email only) Sincerely, Jamie L. Handrick, Esq. Partner ADAMS I STIRLING A Professional Law Corporation cc: Board of Directors, The Rosalena Owners Association www.AdamsStirling.com ❖ www .Davis-Stirling .com ❖ www.CommercialCID .com November 6, 2023 Jaime L. Handrick Partner Adams I Stirling 591 Camino de la Reina, Suite 920 San Diego, CA 92108 Attachment D { City of Carlsbad VIA E-MAIL AND U.S. CERTIFIED MAIL SUBJECT: Response to your October 10, 2023, letter on the Rosa lena Trail Project (PRE2023-0046) Dear Ms. Handrick: Thank you for your October 10, 2023 (Attachment A) letter regarding the Rosalena Trail Project ("Project"). We would like to take this opportunity to share the various documents and history on this Project and offer to work with the Rosalena HOA Board ("HOA") based on how they would like to proceed. As outlined in our preliminary review letter on September 22, 2023 (Attachment B), the city provided options to the HOA outlining the Project's next steps based on two options after reviewing the Project history and records: Option 1 and Option 2. Subsequently, during a Zoom meeting held on October 5, 2023, the California Coastal Commission ("Coastal Commission") re-iterated that they would not be supportive of a movement of the t rail's position regarding the trail's placement. In your letter you write, "ROA requests that the City take over this trail project and work with Coastal to negotiate the specifics and ensure that ROA has the legal authority to construct the blufftop trail." This is not consistent with the history of this requirement as established in Coastal Development Permit ("CDP") No. 6-85-482 issued by the Coastal Commission. The requirement for the HOA to construct this trail to be in compliance with the CDP was re-iterated by the Coastal Commission in Consent Order CCC-18-CD-04 in 2018 and recent correspondence to the HOA. The most recent correspondence is attached to the preliminary review letter. Therefore, while the city remains available to process what you submit, we do not have the authority or requirement to take over this Project. Furthermore, we encourage the HOA to work directly with the Coastal Commission on actions needed for compliance with their CDP associated with this development and, when ready, submit to the city. If you have any questions, please contact me directly. Sincerely, ERIC LARDY City Planner Community Development Department Planning Division I 1635 Faraday Avenue I Ca rlsbad, CA 92008 I 442-339-2600 Attachment: A. Letter from Rosalena Owners Association (October 10, 2023) B. Preliminary Review Letter (PRE2023-0046) dated September 22, 2023 c: Jeff Murphy, Community Development Director Kyle Lancaster, Parks & Recreation Director Mike Strong, Assistant Community Development Director Ron Kemp, Senior Assistant City Attorney Jason Geldert, Project Engineer Robert Efird, Principal Planner Rosanne Humphrey, Senior Program Manager Scott Donnell, Senior Planner Tim Carroll, Senior Engineer Nick Stu pin, Parks Planning Manager lzzak Mireles, Associate Planner