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HomeMy WebLinkAboutCP 94-02; Poinsettia Shores PA B-2; Condo Permit (CP) (2)STATE OF CALIFORNIA—THE RESOURCES AGENCY e^-Z E WILSON, Governor CALIFORNIA COASTAL SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE SAN DIEGO, CA 92108-1725 (619) 521-8036 COMMISSION 200 Filed: 49th Day: 180th Day: .Staff: Staff Report: Hearing Date: 6/23/95 8/11/95 12/20/95 WNP-SD 7/12/95 8/8-11/95 ^x<34567^^/ XA2- ^%? A * c &/<§* «i^a ^ \.A j^J ^-i?^^ ^loo <^S8* v^ "•* \%. ^ S^ $JSTAFF REPORT: CONSENT CALENDAR Application No.: 6-95-100 Applicant: Kaiza Poinsettia Corporation Description: Site: Subdivide 2.4 acres into 16 lots, and construct 16 single family homes with 1,900 cubic yards of balanced grading to construct building pads, roads, and drainage and infrastructure improvements within Planning Area B-2 of the Poinsettia Shores Master Plan. Lot Area Building Coverage Pavement Coverage Landscape Coverage Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 2.4 acres 0.5 acres (21%) 0.6 acres (25%) 1.3 acres (54%) 47 P-C (Planned Community) RM (Residential Medium, 4-8 du/ac) 6.7 du/ac 30 feet Southeast corner of Windrose Circle and Navigator Circle, Carlsbad, San Diego County 216-420-82 Substantive File Documents: Certified City of Carlsbad West Batiquitos Lagoon/Sammis Properties Segment LCP; City of Carlsbad Master Tentative Map 94-02 PRELIMINARY STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval. The Commission hereby grants a permit for the proposed development on the grounds that the development will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. 6-95-100 Page 2 III. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. The applicant is proposing to subdivide 2.4 acres into 16 lots, and construct 16 single family homes with 1,900 cubic yards of balanced grading to construct building pads, roads, and drainage and infrastructure improvements within Planning Area B-2 of the Poinsettia Shores Master Plan. The clustered housing units will feature three floor plans of up to 2,130 sq. ft. and 27 feet high. The Poinsettia Shores Master Plan governs land uses of the north shore of Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway 101). Approved by the Coastal Commission in September 1994 (CDP #6-94-79) as the implementing document of the certified West Batiquitos/Sammis Properties Local Coastal Program, the master plan subdivides approximately 80 acres into 10 lots on the east side of the railroad tracks (8 residential and 2 open space) and provides that separate tentative tract maps will be submitted for each of the site's 10 planning areas. The subject project is Planning Area "B-2"; subdivision and development of Planning Areas "A-3" and "B-l" are also on the Commission's agenda for the August, 1995 hearing. Planning Areas "A-l", "A-2","E" and "M" were approved at the Commission's May, 1995 hearing. The site is almost flat and has no unique topographic features or environmental resources. North of the site is Windrose Circle, a public roadway; south of the site is the Rosalena single family subdivision; east and west of the site are the vacant planning areas of "C" and "A-4" respectively. The Commission's master tentative map approval allowed the mass grading of the master plan property (which has been done), and the construction of Avenida Encinas roadway and related infrastructure to allow the development of individual planning areas. Approximately 1,900 cubic yards of balanced finish grading is required for the development of the subject site. The project will take access from Navigator Circle via a private street. Gated entries are proposed. The proposed landscape concept is designed to screen the development along the perimeter and from Avenida Encinas and Windrose Circle roadways, and to promote land use compatibility with adjacent future residential units. 2. Poinsettia Shores Master Plan. As noted, the Commission has approved the Poinsettia Shores Master Plan as the implementing ordinance of the West Batiquitos Lagoon/Sammis Properties Local Coastal Program (LCP). The proposal for Planning Area "B-2" complies with the provisions of the certified master plan. The master plan allows up to 16 single family dwelling units to be constructed (16 dwelling units are proposed). The master plan also provides certain development standards and design criteria which are complied with and summarized as follows: (1) a 85 foot structural setback Is maintained bewteen the homes of the subject site and the existing single family homes of Rosalena to the south; (2) the proposed clustered single family product type is consistent with the product type designated for Area "B-l" by the Master Plan; 6-95-100 Page 3 (3) no structures will exceed the 30 feet/two story height limit associated with this planning area. All other aspects of the master plan are complied with by the proposed project including the provision of adequate and appropriate landscaping. Based on the preceding, no adverse impacts to coastal resources are anticipated. Therefore, the Commission finds the proposed project consistent with the resource protection policies of the West Batiquitos Lagoon/Sammis Properties LCP, and the Poinsettia Shores Master Plan. 3. Local Coastal Program. As noted, the proposed project is consistent with the development standards and design guidelines of the approved Poinsettia Shores Master Plan. Additionally, the subject planning area does not contain any public trails or environmentally sensitive areas associated with other planning areas on the master plan property. Although the subject planning area is proposed as a gated community, the Commission found in its master plan approval, that only those planning areas that include blufftop areas of Batiquitos Lagoon and planning areas that include railroad right-of-way lands between Batiquitos Lagoon and Avenida Encinas must not be gated to ensure adequate public access to the lagoon. The subject site is well-removed from the blufftop and railroad right-of-way and is not subject to the requirement to remain ungated. Thus, the Commission finds that the proposed project is consistent with the local coastal program, and that a permit may be issued. 4. Consistency with the California Environmental Quality Act (CEOA). Section 13096 of the Commission's Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. As discussed herein, the proposed project will not cause significant adverse impacts to the environment. Specifically, the project has been found consistent with the provisions of the Poinsettia Shores Master Plan and the West Batiquitos Lagoon LCP. There are no feasible alternatives or mitigation measures available which would substantially lessen any significant adverse impact which the activity might have on the environment. Therefore, the Commission finds that the proposed project is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 6-95-100 Page 4 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of Intent or interpretation of any condition will be resolved by 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. Assignment. 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 Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5100R BATIQUITOS LAGOON POINSETTIA SHORES igS.~5.gs *--~ — L±l - — — :*•-•:/:: ./••-A/;/// ,VA\\ 41 / *;*cL , P6lNSETTISH EXHIBIT "J" LEFT ELEVATION PLAN 2 FRONT ELEVATION REAR ELEVATION 0 8 1095 PLANNING AREA B-l AND B-2 THE VILLAGE OF BRIGHTON Iill CO O WCO If 5 or 6 EXHIBIT "H"