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HomeMy WebLinkAboutCT 94-04; Poinsettia Shores PA 1; Tentative Map (CT) (2)CALIFORNIA—THE RESOURCES AGENC«,PETE WILSON, Governor •ORNIA COASTAL COMMISSION £GO COAST AREA JAMINO DEL RIO NORTH, SUITE 200 DIEGO, CA 92108-1725 I 521-8036 t^ Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: 3/20/95 5/8/95 9/16/95 WNP-SD 4/12/95 5/9-12/95 STAFF REPORT: CONSENT CALENDAR Application No.: 6-95-51 Applicant: Kaiza Poinsettia Corporation Description; Site: Subdivide 8.4 acre site into 39 lots (2 open space and 1 private street) and construct 36 single family homes on 5,000 sq. ft. minimum lots with 13,900 cubic yards of cut, 20,600 cubic yards of fill and 6,700 cubic yards of import to construct buildir i pads, roads, and drainage and infrastructure improvements >nth the Poinsettia Shores Master Plan. Lot Area Building Coverage Pavement Coverage Landscape Coverage Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 8.4 acres 1.9 acres (23%) 2.3 acres (27%) 4.2 acres (50%) 163 P-C (Planned Community) Residential Medium (4-8 du/ac) 4.3 dua 30 feet Planning Area A-l at the northwest corner of Avenida Encinas Windrose Circle, Carlsbad, San Diego County. 216-140-32-33 and Substantive File Documents:Certified City of Carlsbad West Batiquitos Lagoon/Sammis Properties Segment LCP; City of Carlsbad Master Tentative Map 94-04 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. 6-95-5! Page 2 III. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. The applicant is proposing to subdivide a 8.4 acre site into 39 lots (2 open space lots, one lot containing the pedestrian private trail located along the site's northern boundary; the other open space lot located in the southwest corner of the site, and 1 private street lot) and construct 36 single family homes on 5,000 sq. ft. minimum lots with 13,900 cubic yards of cut, 20,600 cubic yards of fill and 6,700 cubic yards of import to construct building pads, roads, and drainage and infrastructure improvements within the Poinsettia Shores Master Plan. The project is proposed as part of the Poinsettia Shores Master Plan which governs land uses of the north shore of Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway 101). Approved by the Commission in September 1994 (CDP #6-94-79), 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 "A-l"; Planning Areas "A-2", "E" and "M" are also on the Commission's agenda for the May, 1995 hearing. The site is almost flat and has no unique topographic features or environmental resources. North of the site is the Lakeshore Gardens mobile home park, east and south of the site is the future Avenida Encinas roadway alignment. West of the site is vacant land associated with Planning Areas "M" and "B-l". The Commission's master tentative map approval allowed the mass grading of the master plan property, the construction of Avenida Encinas roadway and related infrastructure to allow the development of individual planning areas. Only finish grading is required for the development of the subject site. The project's finish grading involves 13,900 cubic yards of cut, 20,600 cubic yards of fill and 6,700 cubic yards of import. The project will take access from Avenida Encinas via a private street. Gated entries are proposed. Signage is also proposed near the project entrance in the form of the Village Identity Sign which meets pertinent master plan sign criteria. The proposed landscape concept is designed to screen the development along the perimeter and from Avenida Encinas, and to promote land use compatibility with adjacent future planning areas. 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 West Batiquitos Lagoon/Sammis Properties LCP covers approximately 200 land and water acres comprising the outer basin of Batiquitos Lagoon and its uplands between 1-5 and Carlsbad Boulevard (Old highway 101). The majority of lands comprising the West Batiquitos Lagoon/Sammis Properties LCP segment are under the applicant's ownership. The majority of the upland lands are formerly agricultural land and are being converted to urban uses subject to the 6-95- Page 3 agricultural conversion policies of the LCP. The agricultural conversion fee of five thousand dollars per acre was paid in 1994. The remainder of lands comprising the LCP segment are the water acres of the outer basin of Batiquitos Lagoon. The proposal for Planning Area "A-l" complies with the provisions of the certified master plan. The master plan allows up to 41 single family dwelling units to be constructed on 5,000 sq. ft. minimum lots (36 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 80 foot structural setback is maintained bewteen the homes of the subject site and the mobile home property to the north. Improvements with this buffer area are consistent with the master plan (underground utilities, parking, landscaping and a private trail segment); (2) an average 25 feet setback for all homes within the planning area from Avenica Encinas is maintained; (3) minimum lot size is 5,000 sq. ft.; (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 a private trail segment, adequate and appropriate landscaping and the provision of passive and active recreation areas. 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 Nest 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 is not associated with 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 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 Page 4 consistent with the provisions of the Poinsettis 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. 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. 5051R I I Mv California Coastal Commission BATIQUITOS LAGOON POINSETTIA SHORES RA. A-1--CT 94-04/PUD 94-03 EXHIBIT NO. / California Coastal Commission t <tt_. '<r HO i"1 ^r^ > ('\ ^9 ' V <i DATA ot A w fttw*; I'j-'W »:^U;F i 17M< •J^Mif ! truif i - I'J*'*!' rffKtr •i- ?ri! J ,- 7T!i »' :F«".' • • »:••!'• jriyH* [ TABLE UO>US — — -XM- XX XX — .-- - •I:OD LCWIH i H•n u t«r •C,' IT 1! *l •IS «9«r '*tr•nrner MD< MM' SHEET 3 OF 3 SHEETS C.T. 94-04 P.U.D. 94-03 ff/f ;.' LOT 6 REC. LOT '—i *" • >«'~'"I----r 1^ T:*i * " ».-.'"" or-Hc-Kf t:»>. --«n)"* ww u PLANT MATERIAL PALETTE OFT Ttri IIM* . ii r.i i f.M UIM i ru**M n*« O ' • '.-71 ' >ft- •f^- itf AVtNID* INCINAl IMrloVLMtHr M ANIi. -**r f(» rnOrovto LAAOMTurni. kivono AOLio^^/ ftLOCK WALL. »* ^>JJ-fl~ LANDSCAPE CONCEF'.T PLAN1,POINSETTIA SHORES, A^EA A-i ^MHH^MKMMI EXHIBIT "J" LEFT ELEVATION PLAN A FRONT ELEVATION ru—i• i » •Oo §a | 8 W CO RIGHT ELEVATION REAR ELEVATION PLANNING AREA A-l AND A-2 TtlK VTLLAGK Of DEAIATI-LK 4or6 EXH5BIT "G"