Loading...
HomeMy WebLinkAboutCP 94-01A; Poinsettia Shores PA B-1; Condo Permit (CP) (3)STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINC DEL RlO NORTH... SUITE 700 5AK OlECO. CA 92)06-1725 fj S2J-3O36 PETE WUSON, Date September 21. 1994 Application No. Page 1 of 5_ 6-94-79 NOTICE OF INTENT TO ISSUE PERMIT On September -6. '994 application of _, the California Coastal Commission approved the Kaiza Poinsettia , „___, subject toc.fJt-' i i^auiun wi ..,..._,,. INC.i fcn r v./ > :i Jc i L i a , ouivjci-t. the attached standard and special conditions, for the development describee below: Description: Master tentative map to mass grade approximately 89 acres associated with the Pcinsettia Shores Master Plan, subdivision of 1C lots on the east side of the railroad traces (3 residential and 2 open space), balanced grading of 328,000 cubic yards including roadway embankments associated with the construction of the Avenida Hncinas alignment and bridge over the railroad -racks to connect with a new intersection at Carlsbad Boulevard (Old Highway 101), and construction of Avenida Encinas and temporary Ponto Road. Related infrastructure improvements are proposed to serve the buildout of the master plan property, including a storm drain and desiltation basin which terminates at Batiquitos Lagoon and construction of temporary Ponto Road. No tentative maps for development proposals associated with individual planning areas ar-5 proposed at this time. The project also proposes offers to dedicate open space and public access easements over proposed Lot 10. A private easement will be dedicated over a portion of Lot 4, to be dedicated with the individual area tentative maps. The private easement will oe within the rear yards of the future residences and will be subject to the prov4sions stated on pages 4 ano 5 of the staff report. The easement will be 40 feet wide adjacent to the eastside desiltation basin and 50 feet wide adjacent to the lagoon. The project also proposes maintenance and liability responsibilities for tne open space and public access easement." which may be transferred to tne Homeowner's Association in the future upon approval by the City of Carlsbad and the Commission, proposes an agricultural mitigation fee, and proposes blufftcp setbacks of SO and 100 feet from residential structures. See cages 4-5 for a detailed description of the project. Lot Area Pavement Coverage Landscape Coverage Unimproved Area Zoning Plan Designation Ht $bv fin araoo 91.5 acres 4.5 acres (57») 2.6 acres (37.) 84.8 acres (927.) P-C (Planned Community) Multiple 18 feet South of Aver/.da Encir.as anc wincrcse Circle, north of Batiquitos Lagoon, between Carl scad Boulevard and 1-5. Carlsbad APN ?!5»;40~!7-^3 07-23-1397 QS'ZDPM -RGM GT'ay Cor:;u Itant s ~j 4^,3^--^ p. U3 NOTICE OF INTENT TO IS:^ PERMIT NO. 6-94-79 Page 2 of _5_ The permit will ba held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 2.3.5.6,7__& 3 Hhen these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY n .-„ p STANDARP._CQNDHIONS. 1. Notice _of _Re£°ipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the tsrrns and conditions, is returned to the Commission office. 2. Expir_ajLj.g_n. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Cpacliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved oy the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice, 6. Assiunment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditj_on.5__Run with the...LaM- These terms and conditions shall be -perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 07-28-1597 35:2lP'vi ^PQM G'Ds.u Consultants TO _ 43S244 NOTICE OF INTENT TO ISSUc PERMIT NO. 6-94-7.9 Page 3 of JL The permit is subject to the following conditions: 1. Sensitive Resources. The recommendations by Oudek and Associates (August 10, 1994) for transplantation of southwestern spiny rush located at the west side desiltation basin as shown on the desiltation basin grading plan (August 5, 1994) shall be implemented within 90 days of the completion of the basin's construction. A pre-construction survey shall determine the number of individuals that would be impacted by basin construction. Those individuals shall be transplanted. Transplantation shall occur in the areas identified on the desiltation basin grading plan. ?-• Bluff Top Setbacks. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the proposed public setbacks of 40 and 50 feet from the bluff edge within Lot 10 have been staked and confirmed. The staked alignments shall be reviewed and approved by the Executive Director. The approved alignments shall be incorporated into the final map and the offer to dedicate for open space Lot 10. 3. Recordatipn of Qp.en Space and Public Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the irrevocable offers to dedicate open space and public access easements have been executed in accordance with the terms of the project description as proposed by the applicant and detailed on pages 4 and 5 of the staff report dated 9/1/94 and as revised in the addendum to the staff report, dated September 13, 1954. 4. Trai l-Jiiiprovements. Construction of public trail improvements shall be required prior to the issuance of any building permits within those planning areas that Include the public trail system. 5. GradinLQ_..£nd_3r:d...ELrosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved by the Enginneering Department of the City of Carlsbad and approved in writing by the Executive Director, in consultation with the Department of Fish and Game. Said plans shall incorporate the following: a. All temporary runoff and erosion control devices shall be developed s.nd installed prior to November 15. 1994. Any variation from the schedule shall be promptly reported to the Executive Director. b. No grading is allowed within Lot 1C (the public bluff top right of way adjacent to the lagoon and the railroad right-of-way). s- V :., 0>Day Consultants NOTICE GIF INTENT TO ISSU£.PERM!T NO, 'Page 4 of SPECIAL CONDITIONS, continued: c. Silt fencing shall be "installed along the perimeter of the site prior to commencercerit of grading operations. d. All grading on the west side of the site shall be prohibited until at least September 1, of any year (end of least tern nesting season) or as directed by the U.S. Fish and Wildlife Service. Evidence of written approval of grading on the west side by the U.S. Fish and Wildlife Service shall be submitted to the Executive Director prior to grading. Grading on the east side of the railroad right of way is not subject to this requirement. e. All areas disturbed, but not completed, during the construction season, shall be hydroseeaed upon completion of grading (1/31/95 for the east side and 12/21/95 for the west side). A hydroseeding schedule shall be submitted indicating the seed mix, amounts, areas of application, and monitoring and maintenance provisions of the hydroseed program. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. f. All other provisions of the proposed grading schedule and temporary and permanent erosion control plan not specifically modified by the above requirements. 6- Drajnage/RunoF_f Contro 1. Prior tc the issuance of a coastal development permit, the applicant shall submit f1 ixal drainage and runoff control plans, approved by the City of Carlsbad, Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak'runoff rate from the developed' site as a result of a ten-year frequency storni over a six-hour duration (10 year, 5 hour rainstorm). Runoff centre! shall be accompli shed by such ^eans as on-site detention/desiIting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed- "he runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 7. A_qr1cultural ConversJcq. Prior tc the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that an agricultural mitigation fee has been paid for tha 60 acres of agricultural lands on the subject site that is subject to the agricultural conversion provisions of the certified Poinsettia Shores Master Plan. As identified in tr,e West Batiquitos Lagoon/Saromis r=''J:'1 O'Jd'., 'Icn.su i^^rts TO 4J62443 NOTICE OF INTENT TO !SL PERMIT NO. 6-9.4-79 Page 5 of SPECIAL.CONDITIONS, continued: Properties Land Use Plan, the fee shall be $5,000 for each net converted acre and shall be dtennlneei by the Planning Director. 8. Cornell ..Action on Local Coastal Program Amendment. Prior to the issuance of the coastal development permit, the applicant shall submit evidence that the City Council of Carlsbad has accepted the suggested modifications of Local Coastal Program Amendment #1-94, an amendment to the West Batiquitos Lagoon/Sammis Properties Local Coastal Program. (4611N) ' u ' :|,C?^ J8{$m- pffi%-:.:,,a iM !i".^"/>^f,\\,-• ^>-,W •:;.;»•-v;;. V&^i :v>£i-Vr^^^ f * /-./X^V -:.\.- . *fe'V>, li\-&^-&%&&^ Ww\ ^^'^^^^m^\^a^V-jKtei ^iT'pmrrrf.].. - ,.i-is iv ^'-Pt^L^fe^^va•• 1^-^-lT-:-. j VV ii v • ;fe •- ^^^;« :f'' ^i r-^i:i • £St:p. A •(^-:i-/^^m^ : i v M .^sii s? t^r-^t-U^^^^^S^'f'HKNj:: ^^l^i^f\ v,'./ ' \ J'• • • ^^Z^S-Zf^^ZizZSf^ • •(.•.'.':!-:;'!,v- ~ \^ t ? f_:;|i! '• \Jdii •.'••|l|&^ \KfP-Xf ••&* ' '• ••• °"h; f •• H••• "--'•••••L* -/wisv^i--^ >v .i "^ 1 :> • h /.'';— 'i::.fci? :'•':^^?^4^1\ii:'rf/M'W SKI t *»': ^^^C&^i-M/-'l;«i;?i^:!;j!i U..;. :/;/ . >'f; -' \>-/, \ . ..-,':;•! ' ; ;y !i/ nii;^ 1 COASTAi COMWISSION SAN DiEGO COAST DISTRICT •-« •>«' . i i^^^^i^':ii\i \? r,! • ->.>. •^-Xi<l(V ^J.. ^ii^^l&p'ri jj"