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Home My WebLink AboutCT 94-01; Poinsettia Shores; Tentative Map (CT) (21)1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk DATE:July 15. 1994 TELEPHONE (619) 434-2808 TO: FROM: RE: Bobbie Hoder, Planning Dept. Karen Kundtz, City Clerk's Offiee POINSETTIA SHORES - CT 94-1/HDP 94-3 THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting^ AuUT J 7-/f- Date 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Oltice of (he City Clerk OltiU uf IF.LF.PHOME (019) -134-2000 APPEAL FORM I (We) appeal the following decision of the rt.nry r C& ^ -^ , <> $. >' Project Name and Number (or subject of appeal) to the City Council cr / Date of Decision: Reason for Appeal: . Je e, - /s-<?4- Date Signature Name (Please Print) Address Telephone Number r- * ATTORNEY AT LAW JULY 11, 19941533 SOUTH HILL ST., SUITED OCEANSIDE, CA 92054 CITY COUNCIL CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad/ California 92008 RE: Appeal of Planning Commission Resolution NO. 3677 and 3678, POINSETTIA SHORES MASTER TENTATIVE MAP. OFFICE: (619) 722-4470 RES.: (619) 722-2336 Dear City Council: I represent PONTO STORAGE INC., A Corporation and DALE & DONNA SCHREIBER. California I request that an Appeal of Planning Commission Resolution No. 3678 and 3677 be heard. The Case name of the project is POINSETTIA SHORES MASTER . TENTATIVE MAP and the Case No. is CT 9^01/HDP 94-03. The appeal is requested on the grounds that the Mitigated Negative Declaration did not consider the impacts of approximately 200 acres of urban drainage from zone 22 and zone 9 flowing directly into Batiquitos Lagoon at a point immediately adjacent to the Least Tern Site. The urban drainage is planned to flow directly into a desilt basin and thereafter to flow into an identified brackish marsh area. The impacts on the water quality and the habitat immediately adjacent to the brackish marsh ha's not been considered. The appeal is requested on the grounds that the western alignment vs. the eastern alignment was not sufficiently evaluated in response to the issues previously raised by Mr. Schreiber. Mr. Schreiber requested a fair evaluation which has not been given by staff or the developer. The staff report on page 7 sets forth 5 considerations for the conclusion against using any easterly drainage alignment. The Biologist's report sets forth most of the flora. The issues are addressed individually as follows: 1. "any easterly alignment would require the demolition, reconstruction and ultimate expansion of the existing basin located just west of the existing Rosalena subdivision. " Mr. Schreiber 's engineer's estimate for the new desiltation basin on the eastern alignment was $70,000.00 in comparison to $126,000 by the developer's engineer for the western alignment. The new berm would be located just northerly of the existing "scrub willow" which is identified in the biologists report. The loss of the brackish marsh area using the western alignment because of the impact of the urban drainage should be evaluated and compared to the use and recreation of the freshwater marsh because brackish marsh can only occur near the sea, whereas/ freshwater marsh can be located anywhere that a source of drainage water can be assured. 2. "alteration/expansion of the existing basin will encroach into sensitive lagoon habitat area". The .reason for the eastern alignment is specifically the presence of an area of freshwater marsh which has the capability of "filtering" the urban drainage of pollutants before the urban drainage is dumped into the Lagoon. 3. "amendments to the Zone 9 LFMP and Master Drainage Plan would be required" The Master Drainage Plan as accepted by you allows for an evaluation of the two alignments. I requested more than one year ago to consider a minor amendment to the Zone 9 LFMP so that the matter of the drainage alignments could be considered. I was informed that a minor amendment is all that is required should the Eastern Alignment be chosen. This matter can still be resolved at this stage of the proceedings. 4. "deep storm drains are involved with either alternative, however, the west side alignment has incrementally shallower storm drains," The railroad tracks has historically provided drainage for most of this area. A drainage line either east or west can be accommodated for most of the drainage line. At issue is the requirement to cross Lot 4 with a large pipe for the eastern alignment. It appears that the line can be placed in an alignment that currently exists for a smaller drainage system. The "deep storm drains" are of a size of about 84" by the time they reach the area where they will be "deep". Because of the size, all inspection and repair can be done from the inside of the pipe. The Western alignment must pass under the railroad tracks with a large pipe twice, pass under a 16" high pressure gas line twice with a large pipe, pass under or through the new fiber optic cable, that has recently been installed next to the railroad tracks, pass under, around, and over the sewer lines which serve the City of Encinitas. The western alignments interfacing has not been evaluated and will significantly impact the cost of the installation of the pipe. 5. "any easterly drainage alignment does not adequately account for the drainage associated with Carlsbad Boulevard and the Ponto Drive area." Carlsbad Boulevard from the intersection with the new Avenida Encinas can drain as it does now through the existing storm drain to the ocean or it can be drained northerly to the future intersection with Ponto Drive where the drainage can flow easterly to the pipe running easterly of the railroad tracks. The only area which will be below elevation from the eastern pipe will be Mr. Schreiber's southerly property which currently drains to the ocean. This property when developed could be serviced by a sump pump with new development to join the drainage water piped to the East The area is approximately 1.3 acres. Planning Commission Resolution No. 3678 contains on page 13 the following statement: "The applicant may apply for a reimbursement agreement for benefited parcels to pay for their appropriate share of the cost of the storm drain system in Item G." The City is currently diverting 28 acres of urban drainage water from Poinsettia. The Master Plan, indicates that the City will not contribute to any Master Drainage Solution. The developer is constructing 16 acres and diverting approximately 26 acres into the new system in the vicinity of Ponto Storage. The zone 22 property of approximately 130 acres, in which Mr. Avis is associated, is proposed to be diverted southerly, which is causing the large size of the pipe necessary to carry the approximately 250 acres of drainage water. At the hearing on the Master Plan for Pointsettia Shores your staff stated: "The Developer can put the pipe anyplace he wants because he will be paying for it." Condition G of Resolution 3678 allows for a reimbursement agreement. A reimbursement agreement for a pipe that is more than the cost of a reasonable solution across the developer's own land is not an acceptable solution. If the developer wants to divert water to other drainage fields, then he should bear the burden of the expense and prove that the diverted drainage system is the best solution. Mr. Schreiber has appeared before you and has only requested a fair hearing and evaluation. Because of the small amount of land that he owns, and prior interest from visitor-serving developers because he has access to ocean views, Mr. Schreiber is critically concerned about the future availability of development possibilities on his properties. Your continued fairness to all property owners will be greatly appreciated. ctfoXly Submitted, LOUIS TASCHNER 1200 CARLSBAD CITY OF CARLSBAD LAGE DRIVE «* CARLSBAD a-;k"'. -^ 434-2867-1 4- , CATIFOIFORNIA 92008 REC'D FROM \ti DATE 7- ACCOUNT NO.DESCRIPTION 86 07/15/94 0002 '.HA '•,/". RECEIPT NO. 10738 I Printed on recycled ptpcr.. f NOT VALID UNLESS VALIDATED BY -.••' .^ vv v7^ CASH REGISTER ..._L; ..:'.-^-.1'-!. :'..£LV :./ ' V'L:.'-. -_^. ...;. TOTAL