HomeMy WebLinkAboutLCPA 91-02; Poinsettia Shores Master Plan; Local Coastal Program Amendment (LCPA)DATE: OCTOBER 20, 1993
APPumnO[h COMPLETE DATE:
GPMLCPNMPA - APRIL 21. 1991 LFMPA - AUGUST 2 1993
PROJEfl PLA"ER: ERIC N. MUNOZ
&
STAFF REPORT 0
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: MP 17S(D)/GPA914S/LCPA9142/L.FMP 87-m AI - POINSETITA SHORES
hdASER PLAN - Request for the approval of a Mitigated Negative
Declaration, General Plan Amendment, Master Plan Amendment, Local
Coastal Program Amendment and Local Facilities Management Plan
Amendment for Zone 9, to change General Plan land use designations to
replace the educational and related land uses of the former Batiquitos Lagoon
Educational Park (BLEP) Master Plan with residential uses and retain the
travel service-commercial land use designations for the western portion of the
site on Planned-Community (P-C) zoned property generally located in the
southwest quadrant of the City, north of the Batiquitos Lagoon, west of the
1-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone
9.
1. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3551
RECOMMENDtNG APPROVAL of the Mitigated Negative Declaration, and ADOPT Planning
Commission Resolution Nos. 3552, 3553,3554, and 3555, RECOMMENDLNG APPROVAL
of MP 175(D), GPA 91-05, LCPA 91-02, and LFMP 87-09(A), based on the findings and
subject to the conditions contained therein.
11. PROJECT BACKGROUND AND DESCRPTI ON
The applicant is requesting approval of a Mitigated Negative Declaration; and approval of
a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment
and Local Facilities Management Plan Amendment to replace the educational and related
land uses associated with the former Batiquitos Lagoon Educational Park (BLEP) Master
Plan with residential uses at the allowed density remaining from BLEP. The proposal also
involves the re-naming of the master plan to the Poinsettia Shores Master Plan. The west
side of the master plan is proposed to remain with the travel servicetommercial
designations allowed by BLEP with the exception of one area which will be an unplanned
reserve as discussed in Section A of this report. The master plan will also designate an
onsite affordable housing planning area (Area "D) to facilitate onsite affordable housing
compliance (offsite compliance is also allowed through the approval of an Affordable
Housing Agreement); and a recreation center planning area (Area "M) and a recreational
MP 175(D)/GPA 91-05/~ AA 91-O2/LFMP 87-09(A)
PO[NSE"TLA SHORES MASTER PLAN
OCTOBER 20, 1993
vehicle storage planning area (Area ''E') to serve the residents of the master plan. The
master plan property is generally located in the southwest quadrant of the City, north of
the Batiquitos Lagoon, west of the 1-5 freeway and totals approximately 162 acres which
is separated into east and west sides by the northkouth railroad tracks as shown on the
attached location map. The development of the master plan property will involve the
construction of the Avenida Encinas roadway including the bridge over the railroad tracks
to a new intersection with Carlsbad Boulevard. This master plan amendment proposes a
new alignment of Avenida En* as shown on attached Exhibit "A" (excerpted from the
master plan text) that is different from the ring road alignment associated with BLEP. The
project area is located within Local Facilities Management Plan Zone 9. The planning areas proposed by the Poinsettia Shores Master Plan are shown on Exhibit "B" (excerpted from
master plan text) attached to this report.
The former BLEP Master Plan was originally adopted by the City Council in 1985 and
subsequently amended mice in 1989. The BLEP Master Plan included residential, open
space, recreational commercial, neighborhood commercial and travel services-commercial
land uses centered around a private university/educational institution. The Poinsettia
Shores Master Plan proposes to replace the educational and related land uses with
residential development and retain the travel services-commercial uses allowed for the west
side of the project. In keeping with the conditions of approval for the master plan's five
year extension as part of a master plan amendment (MP 175-C) approved in August 1989,
the neighborhood commercial land use designation on the west side has been eliminated
and replaced with an unplanned reserve designation. MP 175(C) specified that if no
educational institution was constructed on the master plan property, the neighborhood
commercial use would have to be eliminated through a master plan amendment that would
also redistribute the remaining residential units over the site's east side. The proposed
master plan amendment would be in compliance with City Council actions regarding this
master plan property. The existing and proposed General Plan designations for the master
plan property are shown on Exhibit GPA 91-05 as attached to Planning Codssion
Resolution No. 3553.
A single family subdivision of 75 lots currently exists within the master plan developed
under the BLEP plan. Of these 75 lots, 70 are developed with single family homes and 5
lots are vacant custom lots. This planning area is shown as Area "J" on the attached
planning area exhibit and is the location of an approved trail system for the perimeter of
the subdivision adjacent to the lagoon blufftop. This trail is currently undergoing final
Coastal Commission approvals and the trail construction has already been financially
secured by the master plan applicant. A pomon of Windrose Circle has also been
constructed. The master plan property currently has an allowance of 451 dwelling units
left to develop. Poinsettia Shores will develop these remaining 451 units in combination
with a 25% density bonus in order to satisfy the master plan's affordable housing
requirement.
MP 175(D)/GPA 91 -OS/LLPA 91-O2/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 3
The Master Plan k surrounded by natural open space associated with the Batiquitos Lagoon
to the south, an existing mobile home park to the north, the 1-5 freeway to the east and
Carlsbad Boulevard to the west.
The applicant is requesting the following discretionary approvals:
1. The approval of a Mitigated Negative Declaration for the project. The Mitigated
Negative Declaration referenced the certified EIR that exists for the master plan
property (EIR 84-3) and evaluated the environmental impacts of reducing the area's
proposed development intensity from the educational and related uses of the BLEP
plan to the residential proposal of Poinsettia Shores. Using updated noise and
traffic studies, the Mitigated Negative Declaration establishes a Mitigation Program
which includes the completion of environmental mitigation of certain impacts as
outlined in EIR 84-3. The impacts requiring mitigation concurrent with the
development of the Poinsettia Shores Master Plan include: archeological,
paleontological and visual/aesthetic resources, and noise impacts. As future
planning areas are submitted for City review and approval, they will be checked for
consistency with the Poinsettia Shores Master Plan as well as compliance with the
project's Mitigation Program (attached to Planning Commission Resolution No. 3551
and also included in the master plan text).
2. A General Plan Amendment to adjust land use designations for the master plan site
from Residential Medium (RM), Residential Medium High (RMH), Recreation
Commercial (RC), Private School (P), Neighborhood Commercial (N), Travel
Services-Commercial (TS) and Open Space (OS) to RM, Non-Residential Reserve
(NRR), TS and OS. These General Plan designation changes reflect the replacement
of the BLEP allowed educational and related uses with the residential uses proposed
by the Poinsettia Shores Master Plan.
3. A Master Plan Amendment to: (a) replace the BLEP educational and related land
uses with residential uses as reflected by the General Plan designation changes
discussed above; (b) re-name the site to the Poinsettia Shores Master Plan; and, (c)
update the master plan to conform with current City policies and standards.
The Poinsettia Shores Master Plan has been updated to reflect and refer to the goals
of the Open Space and Conservation Element, and Housing Element of the General
Plan, the Growth Management Ordinance - including the Local Facilities
Management Plan for Zone 9, and local ordinances and policies such as the Hillside
Development Ordinance, the Planned Development Ordinance, the City's Noise
Policy, the City's adopted Small Lot Architectural Guidelines and the West Batiquitos
Lagoon Local Coastal Program (LCP).
MP 175(D)/GPA 91 -OS/L~A 91 -O2/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 4
The entire master plan document has been reorganized and reformatted for clarity
and readability. The graphics have been updated to reflect the proposed master
plan amendment. An Affordable Housing compliance section has been added, in
addition to an updated Open Space section and a Trail Exhibit that reflects the
Citywide Trail System. Master plan circulation, land uses, open space, grading,
public facilities, theme elements (landscaping, walls, signage and lighting), and
planning area review/approval processes and development standards are also
included in the master plan text.
4. A Local Coastal Program (LCP) Amendment to the West Batiquitos Lagoon segment
of the City's coastal zone to make the coastal land use designations consistent with
the General Plan and master plan designation changes proposed by the Poinsettia
Shores project. The revised text for this LCP segment is attached to Planning
Commission Resolution No. 3554.
5. A Local Facilities Management Plan (LFMP) Amendment to the Zone 9 LFMP to
reflect the land use changes proposed by the Poinsettia Shores project. The LFMP
amendment centers on circulation changes since the alignment of the master plan's
primary roadway (Avenida Encinas) has changed from the BLEP Master Plan and
the existing Zone 9 LFMP. Overall, the land use intensity proposed by Poinsettia
Shores is signdicantly less than the BLEP proposal so all impacts to and demands
for required public facilities and senrices will be reduced. In accordance with the
City's Growth Management Program, all necessary public facilities and sewices will
be available concurrent with their need as the Poinsettia Shores Master Plan
develops to buildout.
m. ANALYSIS
The proposed project is subject to the following plans, ordinances, and State laws:
A. Carlsbad General Plan.
B. Carlsbad Municipal Code, Title 21, Chapter 21.38, "PC Planned Community
Zone".
C. Carlsbad Local Coastal Program, West Batiquitos Lagoon segment.
D. Carlsbad Municipal Code, Title 21, Chapter 21.90, "Growth Management
Ordinance" (Local Facilities Management Plan Zone 9).
E. Carlsbad Municipal Code, Title 19, "Environmental Protection Procedures";
and the California Environmental Quality Act (CEQA).
MP 17S(D)/GPA 91 -OS/LL~'A 91 -02/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 5
A. GENERALPLAN
Planning Issue
1s the Poinsettia Shores proposal consistent with the General Plan?
DECUSSION
LAND USE ELEMENT
The Poinsettia Shores Master Plan will guide the development of individual planning areas
which are subject to various land use regulations, design criteria, development standards,
environmental mitigation and review/approval processes as outlined in the master plan
text. The proposed master plan amendment will permit residential dwelling units to be
developed on the project's east side through the Residential-Medium (RM) General Plan
designation as shown on Exhibit "c" attached to this report.
A diversity of residential product types are proposed for the master plan. Planning Areas
"A-1", "A-Z", "A-3" and "A-4" will be developed with detached single family units on 5,000
square foot minimum sized lots in compliance with the City's Planned Development
Ordinance. Planning Areas "8-1" and "8-2" will be developed with a clustered single family
product type which will cluster up to four detached single family units around a 24 foot
wide driveway/motorcoun coming off the planning area's private street system. This product type will allow a detached single family type feeling but with a slightly higher
density. This design will prevent the development of linear rows of units fronting on the
planning area's street system. Overall, building separations will be increased. These units
will be air-space ownership units and will also obtain Planned Development permits with
planning area approval. This product type is discussed in the Development Standards
section of the master plan text for Planning Areas "8-1" and "8-2". Planning Area "c" will
be the master plan's multi-family planning area with typical multi-family type development
allowed. The master plan allows a multi-family design that offers some flexibilities in
setbacks but overall will create a more open and interesting streetscape while meeting
building separation, building height limits and other standards of the Planned Development
Ordinance and City Policies. This multi-family design is discussed in the Development
Standards of the master plan text for Area "C". All three product types can be developed
using the allowed density range of the RM designation (4-8 dwelling units per acre)
without exceeding the amount of residential dwelling units allowed for the master plan.
The RM designation allows for medium density residential areas characterized by small lot
single-family homes or townhouses, duplexes, triplexes, and low density apartment
developments. The proposed residential uses of the Poinsettia Shores Master Plan are
consistent with the General Plan.
-
MP 175(D)/GPA 91-05,. .PA 91-OWLFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 6
The west side of the master plan, south of the future Avenida Encinas roadway alignment,
will retain the Travel Services-Commercial designation allowed by BLEP and involves the
uses and development standards of the Commercial-Tourist (C-T) Zone plus a
hotel/conference center (planning area "H") and hoteVtimeshare units (planning area "G").
Planning Area "F" located on the master plan's west side, north of Avenida Encinas, will
be designated an unplanned reserve area at this time. Planning and development of this
site will occur in the future through a major master plan amendment. Since the City
currently does not have an "Unplanned Area" General Plan designation, this amendment
is proposing a Non-Residential Reserve designation. However, it is not the intent of the
Poinsettia Shores Master Plan to prevent residential development if, in the future,
residential dwelling units become available to this property consistent with the City's
Growth Management Program through the review and approval of a major master plan
amendment. Section 21.38.070 allows for the reservation of areas within a master plan
for future planning provided such areas do not exceed 40°h of the entire master plan area.
Area "F" has a gross acreage of 11.3 acres and represents approximately 7% of the master
plan's total acreage (162.8 acres).
OPEN SPACE AND CONSERVATION ELEMENT
The Poinsettia Shores Master Plan will not adjust or modify any existing General Plan
designated open space areas or boundaries. Of the project's 162.8 total acres,
approximately 34.8 acres are natural lagoon/wetland habitat which have Open Space
General Plan designations (planning areas "I", "IC', and "L") and have already been
dedicated in fee title to the State of California, State Lands Commissions in accordance
with previous BLEP approvals. The master plan has additional open space totalling
approximately 11 acres comprised of a community recreation center (planning area I'M'')
and open space areas consisting of blufftop and roadway setbacks. The total master plan
open space (approximately 46 acres) represents 28% of the entire master plan area. This
exceeds the requirement of at least 15% of the master plan area (24.4 acres) to be set
aside as open space. As outlined in the Citywide Facilities Improvement Plan and the Zone
9 LFMP, this master plan has complied with all open space requirements. The project is
also consistent with the Open Space and Conservation Resource Management Plan and
incorporates master plan trails and links with the Citywide Trails System as required. The
master plan's frontage on the east side of Carlsbad Boulevard (planning areas "GI and "H')
is the location for linkage with the Citywide Trails System. These planning areas will be
required to provide for the trail link within the required 40 foot smcnLTal setback from
Carlsbad Boulevard. The master plan's open space program is shown on Exhibit "D
attached to this report. The Master Plan Trails System is shown on Exhibit "E". On August
26, 1993 the master plan's open space program was reviewed by the City's Open Space
Advisory Committee and unanimously supported. In addition, an informational
presentation on the Poinsettia Shores Master Plan was made to the Batiquitos Lagoon
Foundation on September 13, 1993. Several issues comparing the BLEP project to the
Poinsettia Shores project were discussed. The foundation submitted a letter of comment
during this project's public review period. The letter and corresponding city response letter
are attached to this report.
MP 175(D)/GPA 91 -OS/LiPA 91-O2/LFMP 87-09(A)
POINSEITM SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 7
HOUSING ELEMENT
The Poinsettia Shores Master Plan will be in conformance with the goals and objectives of
the Housing Element. An Affordable Housing chapter is included in the master plan. This
chapter outlines the general and specific requirements and standards necessary to
implement the Housing Element of the General Plan and provide housing affordable to
lower income households within the master plan.
Planning Area I'D" is the proposed affordable housing site for the master plan. The City's
Housing Element, as implemented through the Inclusionary Housing Ordinance, requires
that at least 15% of the master plan's 451 dwelling units be affordable housing units (68
units total). Poinsettia Shores proposes to exceed this minimum requirement through
implementation of the City's Density Bonus Ordinance which allows a 25% density bonus
to the allowed 451 dwelling units. This bonus yields an additional 113 units totalling 563
units. Per density bonus provisions, 20% of the allowed 451 "base" units (90 units) musc
be affordable housing units. These 90 affordable units exceeds the minimum requirement
of 68 affordable units and will be located on Planning Area "D* through the review and
approval of a site development plan. This site development plan will also involve an
Affordable Housing Agreement to implement all aspects of affordable housing compliance
in accordance with City regulations. The remaining 5% of the 451 base units associated
with the density bonus (23 units) may be market rate units to be spread over the
residential planning areas of the master plan's east side.
Consistent with City ordinances, the affordable housing requirement may be satisfied offsite
through the approval of an Affordable Housing Agreement. If offsite affordable housing
compliance is achieved, planning area "D will be the site for the development of the 23
market rate units with the clustered single family product type proposed with planning
areas "B-1" and "B-2". The master plan provides the option to satisfy the affordable
housing requirement. If the units are to be consmcted onsite, then a site development
plan (SDP) for the units in Planning Area "D will be processed concurrently with the first
tentative map that creates dwelling units. If an offsite option is chosen, then a site
development plan for the offsite project must have already been approved or be processed
concurrently with the first tentative map that creates units. Under either option an
Affordable Housing Agreement that guarantees compliance with the master plan's
affordable housing obligation must be approved by the city prior to the approval of the first
final map.
B. PC - PLANNED COMMUNITY ZONE/ CHAPTER 21.38
Planning Issue
Does the proposed Master Plan Amendment comply with all the requirements of the
Planned Community Zone?
-c
MP 175(D)/GPA 91-05, ,PA 9I-O2/LFMP 87-09(A)
POINSElTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 8
DISCUSSION
The Poinsettia Shores Master Plan amendment has been prepared consistent with the
Carlsbad Municipal Code, Title 21, Chapter 21.38, "PC Planned Community Zone". The
master plan includes the following required elements:
1. Graphic plans of the proposed development including a map and legal description
of the propew, the location of various land uses, a map of the open space areas,
specific development provisions and standards. As appropriate, the master plan
references the Zone 9 LFMP documents to describe public facilities including the
location of major circulation systems, the locations of facilities for water, sewer and
drainage, and phasing of the various public improvements.
2. A text to accompany the graphics that includes a description of each type of land
use, development regulations, a public facility plan, a phasing schedule, an open
space plan, measures to mitigate adverse environmental impacts, and a community
identification sign program.
The following findings of fact must exist prior to recommending a master plan amendment
for approval:
a. The master Dlan is consistent with the DIW~S~OIIS of the General Plan and anv
aDDlicable SDeCifi C DlanS."
The amendment would be consistent with the General Plan based on the discussion
found in Section A of this report under "General Plan".
b. "All necessary D ublic facilities can be Dmvided concurrent with need and adequate
provisions have been provided to hD1ement those portions of the canid
hDroVemenB DrOm aDDlicable to the subiect Dm~erW."
The master plan has language in the text stating that all future development shall
comply with the public facility performance standards and phasing requirements of
the Local Facilities Management Plan Zone 9 (LFMP) and the proposed LFMP
Amendment (attached to Planning Commission Resolution No. 3555 and discussed
in Section D of this report). Public facilities are required to be constructed as
subsequent development in the master plan creates demand for additional facilities,
therefore, a shortfall or negative impact to public facilities would not result. A
financing plan for LFMP Zone 9 must be approved by the City Council prior to the
recordation of the master plan's first final map and will provide the mechanisms for
the financing of the required public facilities.
MP 175(D)/GPA 91 -OS/LCPA 91-O2/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 9
C. The residential and om SD ace ~~rtions of the communitv will constitute an
environment of sustained desirabilitv and stabilitv. and that it will be in harmony
With or Dmvide comDatible variety to the character of the surroundinn areas. and
that the sites ~md for public facilities. such as schools. Dlavmunds and ~arks,
are adeauate to me the anticbated DoDdation and aDDear acceDtab1e to the Dubbc
authorities having jurisdiction thereof."
The open space plan provides approximately 46 acres of open space within the
master plan (28% of the master plan) which is categorized into open space for the
protection of lagoonlbiological habitat, steep slopes and other environmentally
constrained areas; and open space for recreation and for visual aesthetics. The open
space areas provide corridors for the migration of wildlife and buffers that separate
sensitive habitat areas from development areas. In addition, trails would be
provided for use by pedestrians within some of the open space areas.
Poinsettia Park is a proposed park outside of the master plan and Zone 9 which has
been designated to satisfy the park facilities requirement for Zone 9 as well as the
southwest quadrant. This master plan has previously made park payments to fulfill
the requirement to serve the recreational needs of the residents of the master plan
in combination with the private recreational amenities provided internally. The
City's school location plan does not identify a school site on the master plan site or
within Zone 9. The Carlsbad Unified School District has indicated on projects
requiring legislative approvals that school fees paid at the time of building pennit
issuance are not adequate to satisfy the demand for school facilities. The project
applicant has met with representatives of the School District in an attempt to reach
an agreement on the Master Plan's requirement as it pertains to school facilities.
John Blair the Assistant Superhtendent/Bushess Services, has stated that the
district has no objections to the Master Plan moving forward as an agreement is
close to being reached with the project applicant. A letter to this affect is
forthcoming and was not available in time to include as part of the staff report
package.
d. 'The~mDosed commercial and industrial uses will be aDDroDriate in area. location
and overall desinn to the D- - intended. The desinn and develoDment standards
are such as to create an enyifonment of sustained desirabilitv and stabilitv. Such
development will meet Derformance standards established bv this title."
Planning Areas "G and "H" have been designated as future travel services-
commercial sites retaining the allowed uses from the BEP plan (hotellconference
and hotel suites/timeshare units). These planning areas total approximately 12
acres and are appropriate in area and location for the uses proposed. In addition,
these uses, and specific development project designs, will require the review and
approval of a Site Development Plan and must comply with all applicable City
+
MP 175(D)/GPA 91-05/, IA 91-OZ/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 10
ordinances and policies including the development standards of the Commercial-
Tourist (CT) Zone. Other commercial needs of the master plan can be easily served
by existing commercial development in the southwest quadrant. No industrial uses
are proposed.
e. "In the case of institutional. recreational. and other similar nonresidential uses. such
devdoDment will be proposed. and suf~oundinp! areas are Drotected from any
adverse effects from the develoDment."
The Poinsettia Shores Master Plan proposes a community recreation center planning
area and a recreational vehicle storage planning area. These areas will be buffered
from residential areas by the Avenida Enchas roadway, slope embankments and/or
landscaped areas. These areas are adequate in size and location to function properly
and be accessed easily. The only remaining non-residential land use designation in
the master plan is the unplanned reserve area (planning area 'IF) as discussed in
Section A of this report. Areas surrounding the master plan area will not be
adversely impacted by the master plan uses. Roadways (I-5 and Carlsbad
Boulevard) and open space (Batiquitos Lagoon) surround the site except for the
mobile home park north of the site. A landscaped 80 foot structural setback will
buffer the site's northern area.
f. 'The streets and thorounhfares ~ro~osed are suitable and admuate to carw the
antiaDated traffic thereoa"
Traffic studies have been completed for the Zone 9 Local Facilities Management Plan
Amendment and the Mitigated Negative Declaration. Proposed street systems are
adequate to serve the proposed master plan. Overall traffic generation will be
sigruficantly reduced (26,500 ADT vs. 12,300 ADT) by the replacement of BLEP's
educational and related uses with residential units. Compliance with the mitigation
conditions required by these studies and plans would ensure that all circulation
infrastructure is in place to serve the traffic demands generated by buildout of the
master plan.
g- "hVDrOd commerd devdoDment can be iustified econoxnidv at the bcation
ProDosed and wilI Dmvide adeauate commercial facilities of the tmes needed at such
location Drod."
The areas of potential commercial development within the master plan will require
full discretionary review and approval upon submittal of specific development
proposals. Should commercial development be approved at these locations there
would be sufficient access to major roadways (Avenida Encinas and Carlsbad
Boulevard) to serve the area. The unplanned reserve (area "F") would require a
major master plan amendment for any type of development. [n addition, in
conformance with the requirements of Chapter 21.38, an economic impact report
of the master plan's land uses has been submitted to the City and is available for
review at the Planning Department. This report analyzes the impacts which the
MP 175(D)/GPA 91-05/~ZPA 91-O2/LFMP 87-09(A)
POINSETTLA SHORES MASTER PLAN
OCTOBER 20, 1993
future development of the master plan may have on the General Fund operating
budget of the- City.
h. "The area surroundinn the ddoDment is or can be ~lanned and zoned in
coordination and substantid comDatibditv with the develoDment."
The master plan's development will be buffered from the Batiquitos Lagoon to the
south through blufftop setback areas. The northern perimeter of the master plan
on the east side will maintain an 80 foot structural setback to include landscaping
to buffer from the existing mobile home park. The east and west perimeters of the
master plan area are bounded by major roadways (1-5 freeway and Carlsbad
Boulevard) which reduce the need and ability to be compatible with adjacent uses
except for setback provisions and noise impact considerations.
The master plan amendment will create less environmental impacts than the land
uses associated with the BLEP plan as reviewed by the site's certified environmental
impact repok (EIR 84-3). The remaining master plan level environmental impacts
requiring mitigation are assessed in this project's environmental review and
Mitigated Negative Declaration. The master plan amendment is designed to
implement the Mitigation Program so that no significant environmental impacts will
be created by the development of Poinsettia Shores.
C. CARlSBAD LOCAL COMAL, PROGRAM/WEST BATIOUITOS SEGMENT
Planning he
Does the Poinsettia Shores proposal comply with all the requirements and objectives of the
West Batiquitos Lagoon segment of Carlsbad's Local Coastal Program (LCP)?
DISCUSSION
The master plan site is located within the above referenced LCP within the City's coastal
zone. The LCP contains policies and guidelines related to slope developmenVnauve
vegetation, grading and erosion control provisions. To ensure compliance with the LCP,
a Coastal Development Permit must be obtained prior to the recordation of each final map.
The proposed LCP amendment will bring the coastal designations into conformance with the City's designations associated with the Poinsettia Shores Master Plan. The master plan
does have some agricultural mitigation fees to be paid as explained in the master plan text
and the amended LCP text as attached to Planning Commission Resolution No. 3553.
MP 175(D)/GPA 91-05/~CPA 91-OULFMP 87-09(A)
PO[NSE?TM SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 12
D. GROWTH MANAGEMENT - ZONE 9
The Poinsettia Shores Master Plan is located within Local Facilities Management Zone 9
which originally had its Local Facilities Management Plan (LFMP) approved by the City in
July 1989. The existing LFMP addresses the public facilities and services needed to serve
the buildout of the master plan consistent with the City's Growth Management Ordinance.
This document reflects the BLEP educational and related land uses which would have
created more facilities impacts than the residential master plan proposed. The primary
difference between BLEP and Poinsettia Shores is the reduced traffic generation (due to the
land use changes) and a change in the alignment of Avenida Encinas. Therefore, the
proposed LFMP Amendment (attached to Planning Commission Resolution No. 3555)
includes a new circulation section.
A Zone 9 financing plan will be required prior to the master plan's first final map approval.
Collectively, these documents (existing LFMP, LFMP Amendment and financing plan) will
outline the compliance of Poinsettia Shores with the City's Growth Management Program.
A brief summary of the Zone 9 public facilities and services on a master plan level is
provided below:
Citv AdministratiorVLibrary
These facilities are financially guaranteed by a combination of Community Facilities District
(CFD) No. 1 and Public Facilities Fees (PFF). Through the master plan property's current
participation in CFD #1 and corresponding payment of special taxes and PFF, the master
plan will fully satisfy its obligation for these two public facilities.
Waste Water Treatment
Since the completion of the Phase IV expansion of the Encinas Wastewater Authority's
treatment facility, adequate wastewater treatment capacity will be available to serve the
master plan through buildout. The master plan's obligation is satisfied by payment of
applicable sewer connection fees.
- Parks
The master plan has previously contributed $1 million in park land acquisition funding
under BLEP. This funding in combination with PFF satisfies the Zone 9 LFMP parks
requirement. Poinsettia Park (formerly known as Alta Mira Park) is being planned by the
City to serve the southwest quadrant's park needs. The park's site and financing are
secured and the City is currently obtaining necessary park development permits.
MP 175(D)/GPA 91-05/~-J'A 91-O2/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 13
Drainane
All drainage facilities required to serve the master plan are outlined in the existing LFMP.
In addition, the City is preparing a Draft Master Drainage and Storm Water Quality
Management (MDSWQM) Plan. Poinsettia Shores will comply with any requirements or
conditions resulting from the adoption of the MDSWQM Plan.
Circulation
The LFMP Amendment reflects the new alignment of Avenida Encinas through the master
plan site and the replacement of BLEP's educational and related land uses with the
proposed residential uses. The master plan's roadway construction and improvement
requirements are outlined in the LFMP Amendment.
Fire Station No. 4 satisfies this facility requirement. All units within the master plan will
be within the required five minute response time.
Open %ace
In accordance with the Citywide Facilities Improvement Plan (CFIP), Zone 9 is identified
as already in compliance with the adopted open space standard. Of the master plan's 162.8
total acres approximately 34.8 acres of the master plan area is associated with Batiquitos
Lagoon and wetland areas which have already been dedicated to the State of California by
the master plan.
Schools
The City's school location plan does not identifv a school site within the master plan or
Zone 9. The Carlsbad Unified School District has indicated on projects requiring legislative
approvals that school fees paid at the time of building permit issuance are not adequate to
satisfy the demand for school facilities. The project applicant has met with representatives
of the School District in an attempt to reach an agreement on the Master Plan's
requirement as it pertains to school facilities. John Blair the Assistant
Superintendent/Business Services, has stated that the district has no objections to the
Master Plan moving forward as an agreement is close to being reached with the project
applicant. A letter to this affect is forthcoming and was not available in time to include
as part of the staff report package.
MP 175(D)/GPA 91-OS/LCPA gI-OZ/LFMP 87-09(A)
POtNSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 14
Sewer Collection Svstem
Necessary sewer infrastructure required to serve the master plan will be constructed
concwent with need as determined by the City Engineer in accordance with the existing
Zone 9 LFMP.
Water Distribution Svstem
Water distribution facilities required to adequately serve the master plan will be provided
concurrent with need in accordance with the existing Zone 9 LFMP and the City's Master
Water Plan.
E. ENVIRONMENTAL REvIEw/TITLE 19 AND CEOA
Approval of a Mitigated Negative Declaration is being requested with the proposed master
plan amendment. The Mitigated Negative Declaration addresses the potential
environmental impacts associated with the future buildout of the Poinsettia Shores Master
Plan. Environmental impacts that are considered to be sigmfkant but mitigated to less
than significant through conditions of approval and implementation of mitigation measures
include: archeological, paleontological and visual/aesthetic resources, and noise impacts.
Attached to Planning Commission Resolution No. 3551, with Exhibit "PII", is the project's
Mitigation Program. This document will guide the processing of individual planning areas
with regards to mitigating environmental impacts created by the planning area's
development. The Mitigation Program outlines any environmental impacts pertinent to a
planning area. tt also specifies the required mitigation measures, timelines for
conformance/completion, and the responsible parties. The master plan text is written and
designed to implement the required mitigation measures. The basis for establishing the
master plan's mitigation program included: the certified environmental review and
remaining mitigation measures covered by EIR 84-3 associated with the BLEP project;
updated traffic and noise studies reflecting the proposed Iand use changes; and standard
environmental review and noticing procedures required by CEQA.
Overall, the environmental impacts created by Poinsettia Shores will be significantly less
than the impacts that would have been created by BLEP. The proposed residential land
uses and reduced vaffic generation (approximately 26,500 Average Daily Trips (ADT) from
BLEP vs. 12,300 ADT from Poinsettia Shores) reduce the overall development intensity of
the site. The master plan's mitigation measures involve the following: onsite archeological
and paleontological monitoring during grading operations by qualified professionals, the
establishment of development standards/design criteria specifically designed to reduce
visual impacts from the development of the lagoon blufftop planning areas (Areas "A4" and
"H"), and compliance with City noise standards by future residential development.
MP 175(D)/GPA 91-0S/~kPA gI-OZ/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 15
The Mitigated Negative Declaration underwent the standard State Clearinghouse review
for environmental impact documents located in the coastal zone and six responses/letters
were submitted during the public review and comment period. Comments were made by
the following individuals/entities: Mr. Taschner, CALTRANS, Batiquitos Lagoon
Foundation, Mrs. Welty, consultants for the Carlsbad School District and the Department
of Fish and Game.
The letters and corresponding responses to the comments made are attached to this report.
IV. SUMMARY AND RECOMMENDATION
The proposed project: (1) is consistent with the General Plan; (2) meets the requirements
of Title 21 and all required findings can be made; (3) is consistent with the City's Local
Coastal Program - West Batiquitos segment; (4) is in conformance with Growth
Management; and (5) is in compliance with the mitigation requirements of EIR 84-3 and
the Poinsettia Shores Mitigated Negative Declaration, and will not significantly impact the
environment, therefore, staff recommends approval of the Mitigated Negative Declaration
and GPA 91-OS/MP 175(D)/LCPA 91-02 and LFMP 87-09(A).
AlTACHMENTS
1.
2.
3.
4.
5. 6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Planning Codssion Resolution No. 3551 (Mitigation Program attached)
Planning Commission Resolution No. 3552
Planning Commission Resolution No. 3553
Planning Commission Resolution No. 3554 (Amended LCP text attached)
Planning Commission Resolution No. 3555 (Zone 9 LFMP Amendment attached)
Location Map
Exhibits "A" - "E" (excerpted from the master plan text)
Background Data Sheet
Disclosure Form
Letters from Mr. TaschnerKity's response letter
Letter from Mr. Dillon-CALTRANS/City's response letter
Letter from the Batiquitos Lagoon FoundatiorUCity's response letter
Letter from Mrs. Dolores WeltyKity's response letter
Letter from Mr. Dennis Cunningham (to School Distnct)/City's response letter
Letter from Mr. Fred Worthley - Department of Fish and Game/City's response letter
Poinsettia Shores Master Plan, dated October 20, 1993 (Previously distributed).
EM:km:lh
September 20, 1993
4 4
9.0
13.5
10.2
14.7
20.9
2.9
11.2
4.4
0.9
11.3
8.4
11.9
13.8
18.3
4.6
2.3
3)
m c------r--L - - LI --
POINSETIlA SHORES MASTER PLAN
KAIZA POINSETTlA CORPORATION
I
m
m P
=i
ab i
rs i
i
- BACKGROUND DATA SHEET -
CASE NO: MP 17S(D)\GPA 91-OS\LCPA 91-O2\LFMP 87-09(AI
CASE NAME: Poinsettia Shores Master Plan
APPLICANT: Kaka Poinsettia Comoration
REQUEST AND LOUTION:
residential uses on existing master Plan nrouem.
Redace the educational and related uses of BLEP with
LEGAL DESCRIPTION: North of the Batiauitos Lanoon. west of the 1-5 freewav. All of Lots
1, 2. 3. and 4 of Darcel maD #13653 as filed in the Office of the Counw Recorder of San
Dieno Counw, Januarv 31. 1985. with Dortion of the west half of Section 33. towns hi^
12 south. Range 4 west. in the Cirv of Carlsbad. San Dieno Counw.
APN: 21 6-420-79. 216-1404 7-19/2527/29-33 Acres 130
Proposed No. of Lots/Units 451 Dlus 25% densiw bonus
GENERAL PLAN AND ZONING
Land Use Designation P/RM/RMH/RC/NC/OS TO RMNWJI”/OS
Density Allowed 451 dus Density Proposed 451 dus + densiw bonus affordable housing
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad‘s Zoning
Requirements)
zoning Land Use
Site PC 75 lot single family subdivision/vacant
North RMHP Lakeshore Gardens Mobile Home Park
South OS Batiquitos Lagoon
East TC 1-5 freeway
West Prime Arterial Carlsbad Boulevard
. PUB’JC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 451 Dlus 25Oh densitv bonus
Public Facilities Fee Agreement, dated A~nl 10. 1991
ENVIRONMENTAL, IMPACT ASSESSMENT
- X Mitigated Negative Declaration, issued Aurmst 12. 1993 - Certified Environmental Impact Report, dated
0 t her,
ENM:km
DISCLCSL'RE STATMENT
-. -a 't:!cwir,g Information must 5e disc!osed:
'Jst :he names and adcresses of all persons having a finanaal interest in the application.
Sea Bluff Associates, a Califonua general partnership
'Ruee Umer Newport Plaza Drive
2. Owner
Lst the names and addresses of all persons having any ownership mterest in the prcpeq nvc:..~~
a Laitorua general partnership
Kaiza Poinsettia Corporation Sea Bluff Associates, I220 Avenida lsc 1MS
sulte LOU upper Newport p
3 If any person identified punuant to (1) 01 (2) &ova 13 a wporatloc\ of partnership, list the flares iff
addresses of all IndividualS owning more than 1096 d the $nu@$ in tno corporauon or owning any Cac=rsr =
Interest in the partnersnlp.
Saik California, Inc.
Suite 200 7220 A-ada qcinas
Par1 chart_ wclm
SEE ATTACHED LIS TING
. - If anY Person idemod punuant to (1) or (a &ova is a nmgrofit organization or a trust. list the nanes ar= aadmser of any person swmg u ocficor or airector of the na-profit orgmuation or as trustee or cene:;:.~. of tne trust.
Disclosure Statement
(NOT. ARacn aaditional pages as nocntuy.)
Sea Bluff Associates,
a California Qeneral partnership
FRMOW13 8/90
I
ATTACHMENT TO DISCL dtE STATMENT
+L UO, m., a California
mill L. KWpatrick, Sole Generdl
limited prtm=tu 'P
Pm OF B-L 130, LZD.
1533 SOUTH HILL ST.. SUITE 0 OCEANSIOE CA 92054
AnORNEY AT LAW September 1, 1993 722-4470
Planning Department
city of Carlsbad
2075 Las Palmas Drive SEP 0 ," m3
Carlsbad, CA 92009 CITY OF CARLSBAD
6 C:! 'e.%:*- I'.: ..,T. RE: MP 175(D)/GPA 91-05/LFHP 87-09(A)/LCPA '9~~d2"'''''
Dear Sir:
I represent Dale Schreiber, owner of land at 7290 Ponto
Drive, Carlsbad, CA. I respectfully request that the
Mitigated Negative Declaration for the above referenced
project be required to address and mitigate the Drainage
Proposal contained in LFMP 87-09.
The need for a 7700 c.y desiltation basin as proposed in LFMP-9 does not need to be constructed as there already
exists a natural drainage basin of sufficient size to
accommodate the Ponto Basin Drainage Field. The LFMP for Zone 22 recommends using the natural drainage basin easterly
of the RR Tracks and the hydrological study Is .on file at
the City of Carlsbad. Dale Schreiber has had a drainage pipe
alignment reviewed using the natural drainage basin at its
terminus. The cost of the drainage system alternative is
$873,230 as compared to a cost of $981,242 using the proposal for LFMP-09. Using the natural drainage basin east
of the RR Tracks avoids the potential environmental impacts
which will be caused by the construction of a 7700 c.y.
desiltation basin westerly of the RR Tracks.
The Army Corps of Engineers in their Final EIR for the
Batiquitos Lagoon Enhancement Plan (BLEP) reviewed the area
westerly of the RR Tracks at the northern area of the
Lagoon. The adoption by the Corps and the City of Carlsbad
of the BLEP identify this Northvest Area for three different
uses :
1. LEAST TERN NESTING SITE;
2. PROTECTION OF COASTAL SALT HARSH, COASTAL SAGE
BRUSH, and BRACKISH HARSH.
3. USE AS THE NORTHWEST STAGING SITE AND FUEL STORAGE
AND A DREDGE LAUNCHING RAMP. (Copies of areas attached). Not
addressed in the BLEP I8 the Issue of sedimentation from a
new desiltation basin. Any nev desiltation issues were left
to the local jurisdiction for reviev under local planning.
The use of the existing natural drainage basin for all
drainage eliminates the need to infringe upon the
environment adjacent to the Batiqultoa Lagoon westerly of
the RR Tracks and avoids the impacts upon mitigation
projects already set forth and approved by the City of
Carlsbad and the Army Corps of Engineers under the 404
permit for the BLEP.
Respectfully Submitted,
LOUIS TASCHNER
.- I
L I
AmORNEY AT LAW
1533 SOUTH HILL ST. SUITE 0 September 13, 1993 OFFICE a6'91 722-0C-5 RES. 161 91 722.2336 OCEANSIDE. CA 92054
Carlsbad Planning Commission
city of carlsbad
Carlsbad, CA 92008
RE: Drainage northerly of Batiquitos Lagoon west of 1-5
Dear Commissioners0
The contemplated approval of the Poinsettia Shores
Master Plan by MPl75(D)/GPA 91-05/LFHP 87-09/(A)/LCPA 31-02
does not consider the environmental impact of a proposed
7700 c.y desiltation basin westerly of the ATdSF Railroad,
at Batiquitos Lagoon.
Since 1985, my client, Dale Schreiber, and his upland
neighbor, Gene Chappee, have had their lands flooded because
25 acres of drainage water was diverted to the west of the
ATdSF during the construction of Poinsettia Avenue. The only
solution to relieve the flooding is the construction of a master drainage system to Batiquitos Lagoon.
Dale Schreiber, has been working diligently since I991 to have your staff evaluate an alternative to the proposal
* contained in LFMP-09 of building a new desiltation basin
westerly of the ATdSF Railroad at Batiquitos.
The use of an existing desiltation basin easterly of
ATdSF would have less impact on the environment and would be
less costly to build. Use of the existing. basin would
require an alignment requiring the major dralnage pipes to
traverse a portion of the land easterly of the ATdSF upon
which the Poinsettia Master Plan is proposing to place
residential housing.
A resolution of which desiltation basin to use is
required at this time because of the impact on the pipe
alignment and very significant environmental issues for a
new desiltation basin westerly of ATbSF.
The reason for this request is the real possibility
that the new desiltation basin west of ATdSF will not be
feasible. The north vestern basin of the Lagoon has been
identified under a 404 permit from the Army Corps of Engineers as being used as a Least Tern nesting site, as
containing coastal salt marsh, coastal sage scrub and
brackish marsh, and for being used for a dredge launching
ramp for future maintenance of the Lagoon.
Another reason for this request is that the cost for
the pipe alignment may be prohibitive in that the alignment
using a desiltation basin vest of ATdSF will require:
1. relocation of a 16" high pressure gas liner
2. relocation of major telephone trunk lines that exist
3. an undercrossing of the AT&SF with 60ii and 72" pipes
4. extensive grading at the intersection of ?onto Drive
5. changing the configuration of land and the Ponto
in the area:
to divert the water to the west;
and Carlsbad Boulevard to accommodate the large pipes: and
Drive on-off ramps at Carlsbad Boulevard.
Included hereafter is a pictorial representation and
1. Client and issue identification and alternative
2. Xdentification of drainage field and desiltation
3. History of drainage patterns:
4. Diversion of drainage in 1985 which causes flooding
5. LFMP-22 identification and drainage recommendation:
6. LFMP-09 identification and drainage recommendation;
7. Conflict issues in north western basin of Batiquitos
8. Cost of pipe and desiltation basin under LFMP-09 and
9. Identification of two pipe/basin alternatives and
discussion of:
desiltation basin alternative;
basin location:
and master drainage only solution because of Coastal Act:
Lagoon as identified by Army Corps of Engineers EIR:
Schreiber alternate proposal; and
suggestion for mitigation.
Please condition the Poinsettia Shores Master Plan to get approval for a desiltation basin prior to any permit for development. The alignment for the drainage pipes thereafter
might also need to be subject to mitigation as they are
affected by the location of the desiltation basin.
LOUIS TASCHNER
I represent Ponto Storage Inc. (land ownership outlined
in orange) and Dale Schreiber (land ovnership outlined in
.:ellow). Dale Schreiber is the president of Fonto Storage.
ha Poinsettia Shores Master Plan ie. t,tP175(~)/G?A
?;-Cj/LFY? 87-09(A)/LCPA 91-02 should be required to address
5x2 Yitigate the Drainage Proposal contained in Local
~acilities Yanagement Plan 87-09 (LFYP 87-09). ~~~p-09
rtq~ires the c36struction of a new 7700 c.y. de'si~tation
'sasin (Ostlined in Orange) somewhere west of the a7-5~~
?3il:oad Tracks (ATbSF) at Batiquitos Lagoon.
The use of an existing desiltation basin (Outlined in
Srsen! easterly of the ATbSF has been reviewed as a viable
~Lternative using a new drainage pipe alignment. (Delineated
in Green)..
An Engineering Firm retained by Dale Schreiber Stated:
"The alternate alignment proposes the use of an existing basin located near the intersection of Windrose
Circle and Navigator Circle. This site is a well defined
ravine..The basin is suitable €or expansion to accommodate
the additional discharge with a minimum impact to the lagoon
vet lands. I'
1
h
c
The ?onto Drainage Field (outlined ir; ~r~~~~) r9,nsists
f ip?roxirnately 250 acres. The Easterly ?ortion of the
5esiltatiDn basin(0utlined in Green). The remaining area
, :--d ;. -- (Outlined in yellow) drains to t5e existing
2Lb'L- _. =.r ~onds ar drains to the ocean thrnc:qL1 CX~L~S across
.-..,a - -,. - Storage Inc. and a pipe through the bLuff. I
.\ na;zr 3esiAtation basin at Batiquitos La-;scn needs to
te ?rG*;i<sd for the westerly portion of the drainage field
3s the Coastal Act precludes using the Ocean for dumping
:il:er from major drainage pipes and a desiltinu basin is -* -?-'.:ired %hen using the Batiquitos Lagoon for t!ie terminus In arier to protect the ecosystem of the Lagoon.
Ike adopted plan for Zone 9 and 22 of the I,ocal Facilities I.I3r.a;ement Plan (LFHP) of the City of Carlsbad contains a r3zornzendation that a desiltation basin be built next to Carlsbad 91vd at the edge of Batiquitos Lagoon.
3 conflict exists because the area westerly of ATdSF at
t3.e Lasoon has been used to mitigate the environmental
issues raised in the ETR for the Batiquitos Lagoon 5:kancznent Plan by the Army Corps of Engineers.
2
In 1972, when Ponto Storage was built, there was a ?.af-;rai drainage field west of ITSSF. Acljiki~n3tl drainage frsm acre33e of the southwest portion of t!.? I.3k.e sb.ores
~r3inage field on a reverse flor through a 21" pipe under
25.2 .q:ssF. (Drainage field outlined in YeLlow). This
:~3:~3;2 ~isld ras served by a natural drainage swales which
~~rr1ni~a.te5 at 3 pipe that went through the bluff to the
3cear.. (Delineated in Orange).
- -r3::+_r c3rk (Mobile Home ??ark) had teen 3dded bo the ..
Drainaze from the land southerly of the souttlxest ,ortian of the 3Iobile Home Park ponded or drained southerly
5:op.g ?,he eastern side of the XT&SF.
The Northerly portion of the Mobile Home Park and all
13r.j nqrtherly And easterly of this portion of the Mobile
Ecme Park drained to the north. (Delineated in Green). The
soutbeastern portion of the mobile home park 2nd the land southerly thereof drained into a 60" pice (Delineated in
Green) where the pipe terminated into a natural drainage
basin at Satiquitos Lagoon.
3
In 1985, construction of poinsettia .~VF! ~C~TSS the
.-, >S? included 3 temporary drainaqe cL3r.. c11rs1.12~t t3 t!:e
::a?., the City of Carlsbad had constructet a IJii pipe along
z?.? eastern edge of the AT6SF. The pire :lent un.?er ATSSF to
:?.2 ;.est and terminated just east of the Schreiber land.
-;is ?ise (Delineated in Orange) carried drainage from
~:s:.-ia~sl:. hi33 drained to the north. The adiitionaL 3crea;e -- -=,;ie5 3s overburdening of the drainage syales and there ~:<is's 3 3r3inage problem which causes floo.?in2 lurin3 ra1.n
S'-,O,'rtS.
. --
-.
~~~raxl~ately -- 25 acres, (Outlined in 'rellow) which
~ke construction of a storm drain system will alleviate
:!-.e flooding problem. LFNP-22 sets fort? alter3atives. One
alternative proposes draining the 25 acres with a11 Lands
norc,?,erly of Poinsettia to the north into Encinas Creek. The
riconcendeci alternative proposes draining the complete area
sautherly to Batiquitas Lagoon. This recommended proposal is
fcl loxed by LFYP-09.
4
~~xP-22 is comprised of approximatel)' !!O acres of
TLnieveloped land. (Outlined in Yeiiov).
~h.o drainage patterns rjere analyzed and the consultant
ric=mmsn<ed that the majority of tho draina7'3 should he tg
?:-..a south and thereafter Se joined int3 t,?? !.F'!F-(?9 cirsinaqo
~3~_:trn. (Lines d"e1ineated in Crange).
.A corrnent from LFMP-ZZ is as follows: .je',2i?ed hydrology analysis was performed for Zone
22. The 5izh;ights of the drainage analysis conclusions are
3s follows: 7P.e study utilized the Master Dcainaqn plan, modified
sil;htiy, far the area as well as proposed pi?e alignments.
~3.2 sii3ht modification from the current :.laster pian
includes taking the storm water runoff all the way to 3atiquitos Lagoon rather than through the bluff to the
ocean.
The outlet for this facility also requiros a desilting
basin. The desilting basin, however, has ?lready been
5ssi;;ned and is adequate in size (7738 cubic yards) to
han2le runoff from this area.
The proposed drainage facilities alleviate the flooding 7roblems north of Ponto Drive, by collecting the existing
runoff from both 24-inch concrete pipes draining Poinsettia
and the Lake Shores Trailer Park.''
LFYP-09 is comprised of appr~ui~atpl~ qq 3zrcIc' cc
"ere already exists drainaae ?~ZPS ~,i1~~~3~ the
~::tlrly ?ortion of LFHP-09, (Celineatod in Trpon), to the
.ne ;ceStS-rlq major drainage ?ipe -43s recommended to
tr~-:~rs~ from the Zone 22 drainage pipe to 3 nev.4 7700 c.y.
d- -'~s:lta:i:. basin. (Lines an3 Basin outlined in nran~e).
Ths drainage pro?osal was not evaluated by zn ~n-:iron~en~al review because LFMP-09 states:
*'~c?roval of this LFM? does not co3stitute ?rictr ~r.viz=nnental review for projects within Zone 9. ALL future
crojscts within Zone 9 shall undergo environmental review
cer Title 19 of the Carlsbad Municipal Code. Any mitigatiDn
~,sasc:es ieternined during a project's environmental review
~:1;111 be complied with in their entirety unless findings of
Dverridin; consideration are made by the City Council."
1~:.3e+~eloped land. (Outlined in YS~LOV).
-- -
^... =-, - -..--.-nq desiltation basin. (Outlined in Green). -.
6
The area in which the desiltation basin as identified
:?. LFYP-09 would be located was the subject of a review
L'~r~';33t to the National Environmental policy Act because of
2 42; ?ergit from the Army Corps o€ Engineers €or the
:his Ezhancgrnent Project identified the t,estprn Sasin
1. T3e srea is identified for a .?-acre California Least
2. The area is identified under the implementation of
!iarsS,, Coastal Sage Scrub, and Brackish !.larsh which will be
;z~tected. 3. The area is identified for a dredge launching ramp
5s -;ell as the Northwest Staging Site and Fuel Storage area.
--.; -,,-;~itos -- Lsrjoon Enhancement Froject.
e_?., Sa:i;.litos Lagoon as being used for the folloving:
:.try ~2sting site.
L.' -.-.3 adopted mitigated alternative as including Coastal Salt
7
:::? c3st for the alternative pipelir.2 to the eastern :~sl:ta51~~. Sasln was determined to be 9873,230.00.
:?.is cast vas compared to the LF>!?-09 alicJnmer?t for the
2:;s:ine (Outlined in Orange) and the LFY?-09 -~,~i.?nnont cost
-:;3~ c3~8uted to be $981 , 242 .OO.
::at taxen into consideration for cost is the potential
relocation of a 16" high pressure gas line, three crossings
1~;nder the XTbSF, relocation of main telephone trunk lines,
slev3tion problems for piFeline at ?onto Dri5-e and Carlsbad
Ea*ALzvard intersection, and potential mitigation problems at
::?e 5atisq.uitos Lagoon.
8
rse of the- existing 2esiltaticn basin 3ast OE AT~SF .-. .,::l require the least damage to the environment. The
ci~eli~e .. c2.n also be built at this time with a minimum of
ir,terfsreF.ce sith other improvements in tho 3rea.
.AS a mitigation to the drainage plan, the ~oinsettia
Shares ?!aster Plan should be required to do one of the fo~~~~ing based on which desiltation basin is used;
A. L‘sing the Eastern Desiltaticn Basin:
1. Receive approval from all agencies for useof the
2. Provide easements for pipe alignment to the basin existin3 desiltation basin for the Qonto Drainage Field;
across their land.
3. Using the Western Desiltation Basin:
1. Identify the location of the Desiltation Basin
2. Receive approval from all agencies for use and
3. Provide easements for pipe alignment to the basin
and Frovide the land.
constrgction of the new Desiltation Basin;
acrcss their land if necessary.
4 I
. --
September 29, 1993
Louis Taschner
1533 South Hill Street, Suite D
Oceanside, CA 92054
RE: COMMENTS MADE TO THE POINSETI'tA SHORES MASER PIAN - MP 175(D)
Dear Mr. Taschner:
This letter is in response to your letters dated September 1 and 13, 1993 regarding the
above referenced project.
Cornmenrs
The primary contentions in your letter address the inadequacy of the existing drainage
facilities as outlined in the Local Facilities Management Plan (LFMP) for Zone 9 and the
need to consider a drainage alternative for the master plan's east side. In addition, the
concern is raised over a potential conflict between a desiltation basin allowed for the
northwest comer of open space planning area "I" and a least rem nesting site associated
with the implementation of the Batiquitos Lagoon Enhancement Plan.
Response
The design of the desiltation basin has review on a conceptual level by the City during the
review of the Enhancement Plan. The design specifics regarding the implementation of the
Enhancement Plan including the tern nesting site have accounted for the location and
function of this desiltation basin. The City's response to the adequacy of the existing Zone
9 drainage facilities provisions and a response to your proposed alternate drainage plan is
contained in the attached Engineering department memo dated September 27, 1993.
Your letters and this corresponding response letter will be part of this project's staff report.
The Planning Commission date is scheduled for October 20, 1993. 1 can be reached at
438-1161, ext. 4441, if you have any questions.
Sincerely,
ERIC MUNOZ
Associate Planner
ENM:km
Taschncr.Ltr
2075 Las Palmas Drive - Carlsbad. California 92009-1576 (619) 438-1 161 @
September 29, 1993
Louis Taschner
1533 South Hill Street, Suite D
Oceanside, CA 92054
Dear Mr. Taschner:
This letter is in response to your letters dated September 1 and 13, 1993 regarding the
above referenced project.
Commentg
The primary'contentions in your letter address the inadequacy of the existing drainage
facilities as outlined in the Local Facilities Management Plan (LFMP) for Zone 9 and the
need to consider a drainage alternative for the master plan's east side. In addition, the
concern is raised over a potential conflict between a desiltation basin allowed for the
northwest comer of open space planning area "I" and a least tem nesting site associated
with the implementation of the Batiquitos Lagoon Enhancement Plan.
Resbonse
The design of the desiltation basin has review on a conceptual level by the City during the
review of the Enhancement Plan. The design spedfics regarding the implementation of the
Enhancement Plan including the tern nesting site have accounted for the location and
function of this desiltation basin. The City3 response to the adequacy of the existing Zone
9 drainage facilities provisions and a response to your proposed alternate drainage plan is
contained in the attached Engineaing department memo dated September 23,1993.
Your letters and this corresponding response letter will be part of this project's staff report.
The Planning Commission date is scheduled for October 20, 1993. I can be reached at
438-1161, ext. 4441, if YOU have any qUeStiOnS.
Sincerely,
ERIC MUNOZ
Associate Planner
2075 Las Palmas Drive Carlsbad. California 92009-1 576 (61 9) 438-1 161 @
/-- .- .-
SEPTEMBER 27,1993
TO: THE PUNNING DEPARm
FROM: THE-ENGXNEERING DEPARTMENT
VIA ASSISTANT CITY ENGINEER 6oc
MP 17sD, KAIZA POINSETIZA SHORES MASTER PLAN AMENDMENT
REPORT ON ATTACHED COMMENTS FROM MR. LOUIS TASCHNER
The developer of the Pohsettia Shons Master Plan is proposing construction of a storm drain line from the southwest comer of the bkcshorc Gardens Mobile Home Park across the AT&SF
railroad tracks along the r;ulroad right+f-way, through the Phase II area of the Master Plan and
discharging into the Batiquitos Lagoon just east of Carlsbad Boulevard. The developer is also
proposing to construct a sedimentation/ de-pollutant basin prior to discharge into Batiquitos
Lagoon. This proposal is consistent with the Zone 9 LFMP, City Standards, the Master
Drainage Plan and the proposed new Master Drainage and Storm Water Management Plan.
The proposed storm drain and basin design were thoroughly advanced during peg of the
previous master plan project. As proposed, the sedimentation/ de-pollutant basin site is outside
the proposed Batiquitos Lagoon Enhancement Project area, has no coastal sage or wetlands and
the site appears to be devoid of vegetation except for ice plant.
The drainage system as proposed will alleviate all current and future drainage problems
associated with this drainage basin. Construction of this storm drain facility will be triggered by
development of any portion of the Master Plan which contributes drainage to the basin.
Mr. Taschner is proposing an alternate plan that would divert dramage to the east side of the
AT&SF tracks through the easterly Master Plan area and into the existing sedimentation basin
located just east of the Rosalcna development. It is his contention that the alternate is less
expensive than the proposed dramage plan above and would have less environmental impacts.
The staff position on this proposal is as follows:
1. There has been no detailed cost estimate done on either design to support the position
that the alternate is less expensive than what the developer is proposing. In any case the
developer is responsible for the facility costs; therefore this issue has no significance.
2. It appears the alternate design would require excessive excavation depths to install the
pipe. Such depths would exceed City Standards, makc maintenance more difficult and expensive and increase the cost of installation.
3. me existing sedimentation basin on the east side of the ATdrSF tracks is not adequate
the drainage diversion being proposed without extensive modifications. ~hese
modifications would include the addition of a second cascading basin below and to the
east of the &sting basin. A cascadhg basin design is not as efficient as one large basin
or two separate basins and may not be able to function in an acceptable manner without
a significant increasc in Size. Construction of the cascadhg basin will likely have greater
environmental impacts over the westerly basin site being proposed.
in size to handle the additional drainage and the basin Sits too high in elevation to accept
.
4. At present the obligation to construct the new drainage system rests only on the north-
west portion of the Master Plan site east of the AT&SF tracks. This is the only area that drains to the west and through the railroad tracks into the historical path through the
Ponto Storage site. whar this portion is developed, as a condition on the tentative map,
the mitigation will be required as called for in the Zone 9 LFMP. It would Seem
unreasonable to require the whole east side development to bear the burden of an
alternative drain, when most of the project site has no necd of the drain.
5. We believe the historical drainage pattun to be different from that as contended by Mr.
Taschner. We believe the area that historically contributed drainage to the west Side of
the tracks includes the areas north of Poinsettia Lane and that there has been no diversion
of drainage. In any case, whetha or not there has been a diversion of drainage is not
relevant to the matter of the Master Plan, or the design of the proposed drarnage system
Therefore the Engineering Department sces no feason to oppose the developers proposal to
conform with existing plans.
State of California Business. fransportatlon and Housing Agency
Memorandum
7. ,o. STATE CLEARINGHOUSE
T. LOFTUS
Date. September 9, 1993
File: 11-SO-5
P.M. 44.0146.2
From: DEPARTMENT OF TRANSPORTATION
District 11 Planning
Subject: Review of Poinsettia Shores Master Plan MND-SCH 93081 049
We have reviewed the Mitigated Negative Declaration for the proposed Poinsettia Shores Master Plan in the City of Carlsbad and have the following comments:
The noise studies and mitigations associated with the proposed development
should meet federal requirements and should be based on 20 year traffic
projections and the ultimate freeway configuration for 1-5 (as outlined in the July 1990 Route Concept Report). Future 1-5 projects will be based on federal requirements and additional noise mitigation should not be required for the proposed development when the freeway improvements are constructed.
Caltrans supports the concept of "fair share contributions" from developers for
mitigations within the 1-5 corridor.
Our contact person for 1-5 is Roger Cariin, Project Development North Engineer, (619)
688-6963.
t
BILL DILLON, Chief Planning Studies Branch
BD/MO:ce
September 29, 1993
Roger Carlin
CALTRANS 2829 Juan Street
San Diego, CA 921 10
MSDl
RE: COMMENTS MADE TO THE POlNSETTlA SHORES MASTER PLAN - MP
175(0)
Dear Mr. Cartin:
This letter is in response to your letter dated September 9, 1993 regarding the above
referenced project.
Comments
Your letter suggests that any noise mitigation required for the master plan from 1-5
freeway noise should meet federal requirements and be based on 20 year traffic
projections and the uttimate freeway configuration for 1-5. In addition, it is stated that
CALTRANS supports "fair share contributions" from developers for mitigations within the
1-5 corridor.
Resoonse
Planning area "C" is the developable portion of the master plan that is adjacent to the 1-5
freeway and will require noise mitigation. In response to the CALTRANS comments
made, the master plan text has been revised to require that the noise analysis necessary
for planning area "(7 be coordinated with CALTRANS to ensure compliance with long
term objectives for this SBCtiorl of the 1-5 corridor. The developer of planning area "C"
will be responsible for the financing and completion of any required noise mitigation
measures.
Your letter and this corresponding response letter will be part of this project's staff report.
The Planning Commission date b scheduled for October 20,1993. I can be reached at
438-1 161 extension 4441 if you have any questiorrs.
Sincerely,
Wkm ERIC MUNOZ
Associate Planner
2075 La8 Palmas Drive Carl8bad. California 92009-1576 - (619) 438-1 161
BATIQUITOS LAGOON FOUNDATION
9/14/93
Michael Hoizmiiler, Planning Director
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
Subject : Comments on the proposed master plan revisions for BLEP
Dear Mr. Holzmiller,
Thank you for providing information to the Foundation Board regarding the
subject project. Eric Munot presented an overview of the master plan
amendment at our 9/13 meeting. We have also reviewed written information
provided by Mr. Munoz, and have the following comments.
1. There should be a thorough comparison of the existing (BLEP) master plan
and that which is proposed. The review should not be merely an acreage by land
use type breakdown in chart form, but a tnte planning analysis of the differences - pros and cons of the proposed changes.
2. A more thorough review of the existing LCP provisions and how the
proposed master plan meets them must be provided. The city approved the
existing master plan, and used the document as implementing ordinances for the
LCP. The existing master plan/LCP regulations are directly linked and must be
reviewed in light of the proposed changes. f
3. It appears that all planning areas on the south side of the extension of
Avenida Endnas are gated, with private streets. This is a substantial change in
accessibility in and around the project compared to the existing master plan -
this should be addressed both ftom a policy and site design standpoint.
4. Description of the overall project design is inadequate, and when
combined with the provision of "Delayed Architectural Review'*, creates a
completely unacceptable level of information about future development
possibilities within the master plan. Creation of a master plan implies that short
term and long term development scenarios for the property will be established
through the document, thereby creating a clear and predictable "road map" for
future development. The proposed master plan should be at least as thorough as
the existing document This is not currently the case. The city has no obligation
to approve a development plan substantially different and less detailed than the
in-place document. 3 it is the desire of the city to delete the master plan and
revert to "straight zoning", then that course of action should be pursued.
P.O. Box 3103
Carlsbad. CA 92000
BATIQUITOS LAGOON FOUNDATION
Creating a master plan without the accepted City of Carlsbad level of master plan
content is inappropriate.
5. The change from an "educational facility" centered plan to a primarily residential one (with private streets and gates) warrants justification from an
environmental standpoint (CEQA), policy standpoint (General Plan) and site
design standpoint. This is not a "casual" amendment to an existing document -- It
is significant at a variety of levels. There is also a fundamental question of plan
purpose which goes undeclared. An educational faality, public or private, has
characteristics which are much more open and accessible than standard
residential developments - let alone gated communities fvith private streets.
Some discussion and justification for a change from the existing master pian
intent to the proposed configuration must be provided. It seems reasonable to
envision a member of the public sitting under a tree reading a book in a campus
atmosphere within the "idea" for the existing master plan. However, it is
impossible to imagine that scene occurring in an environment of gated
neighborhoods with private streets, save for a public strip of pavement (Avenida
Encinas) and a narrow band of public trail. How does the planning department
and City Council feel about this fundamental change in master plan intent? The
property is large and dominant in relationship to the 1-5 corridor, Carlsbad State
Beach, Carlsbad Blvd., and Batiquitos Lagoon. The existing master plan proposes
a unique and relatively open development scheme for a unique and dominant
piece of coastal property. Is the current request as good or better for the site and
the community than the existing plan?
6. The planning areas west of the railroad R0.W. have virtually no master
plan levei of land use goals or development standards. The types of general uses
anticipated (commercial and visitor serving) warrant, at a minimum,
development poliaes and goals at a conceptual level. Structural types, locations,
ingresdegress, relationships to surrounding land uses and public access are
broad standards which can be established now and should be suitable for
application to a variety of future land use configurations. In particular, views
from the lagoon, and Carlsbad Blvd. to the site should be considered and
addressed in the master plan document, through tangible development
standards. Again, how can a proposed master plan which contains less
predictability than the existing document be considered preferable?
t
7. The Board is very concefned about the location, design and construction of
the lagoon access trail. We believe that provision must be made to ensure the
trail is well designed and completely constructed prior to occupancy of any new
development As you know, this was a point of continuing controversy in the
first development phase. The Board is interested in working with the city to
P.O. Box 3103
Culsbrd. CA 92OW
BATIQUITOS LAGOON FOUNDATION
ensure timely trail provision, and to avoid the arcumstances which led previous
problems in this regard.
We would be happy to meet with you and discuss our comments further at your
convenience. Again, thank you for the opportunity to comment.
SethSchulberg 6F. fl President I
P.O. Box 3103
Culrbad, CA 92006
September 30, 1993
Seth Schulberg Batiquitos Lagoon Foundation P.O. Box 3103
Carlsbad CA, 92008
RE: COMMENTS MADE TO THE POINsEITtA SHORES MASTER PIAN - Mp 175@)
Dear Mr. Schulberg:
This letter is in response to your letter dated September 14, 1993 regarding the above referenced
project.
1.
2.
3.
4.
5.
6.
A more detailed comparison of the existing Batiquitos Lagoon Educational Park (BLEP) master plan and the proposed Poinsenia Shores master pian is desired including a pro/con
analysis of the proposed land use changes.
A more thorough review of the ~ting Local Coastal Program (LO) provisions is desired relative to compliance by the proposed master plan given the direct link that exists between
the LCP and the master plan.
The issue of gated planning areas and the privatization of the master plan property is raised from both a policy and site design standpoint
a) Overall project design is inadequate and the provision for "Delayed Architectural Reviwf
is unacceptable; insuffiaent information is given about future development possMities
within the master plan; b) the master plan is not a clear and predictable "road map" for
future development and is not as detailed and thorough as the existing BLEP master plan d0CUmUU; c) if the cit(/r desire is to delete the master plan and revert to "straight zoning", then that should be pursued; d) the master plan document lacks the standard City requirements for a master plan.
The meria of the proposed land use changes are challenged on the basis of cmcmc privatization The existing BLEP pian incorporates more potential for public use of the site and land uses whereas the Poinsettia Shores project would create gated private planning
areas. Is the proposed master plan axnendment betta for the 'community" compared to the BLEP plan?
a) The planning areas west of the railroad right of way have no master phn level land use
goals or development standards; b) structural types, ingresslcgnu and consideration of the Batiquitos Lagoon and Carkbad Boulevard are not reflected through tangible development standards.
2075 La8 Palma8 Drive - Carisbad, California 92009-1576 - (619) 438-1 161 @
scth schulbcrg - September 30, 1993
PaPe 2
7. Provisions must be made to ensure that trail segments are consmcted prior to the mbg of occupancy for new development,
ResDonset
The type of pfo/con analysis desired is not required by Section 21.38.060 (COntak of a master plan) or 21.38.120 (master plan amendments). The master plan text does revicw the former BLEP master plan and associated General Plan designations relative to the
Poinsettia Shores project and proposed General Plan designations. A brief summary is provided iere: All non-residential BLEP uses on the east side (totalling approximately a million sy ;are feet) will be eliminated. Residential planning areas are proposed for the east
side using the remaining 451 dwelling units allowed from BLEP plus a 25% density bonus
in accordance with affordable housing provisions. The west side will retain the uavel service-commercial uses while the planning area north of Avenida Encinas will be designated a resave in accordance with Section 21.38.070. The forma BLEP grading concept and existing sewer infrasrr~cture will not be required by Poinsettia Shores. Lowering of the existing sewer infrasmcnm (associated with elevated finkhed grade of approved with the BLEP project) will be done in conjunction with a less intensive grading
concept. The south facing lagoon blufftop on the projects east side had an increase in the
blufftop setback from 45 feet (BLEP) to 100 (Poinsettia Shores). The anticipated traffic generation, measured by Average Daily Trips (ADT), at buildout of the master plan will be reduced from approximately 26,500 ADT to 12,300 ADT. Overall, the proposed project will have less impacts to public facilities than the BLEP project and will result in a reduced intensity of development on the master plan prow. The complete BLEP document is also available for review in the Planning Department for continued comparisons with the
Poinsettia Shores project
The master plan text includes a sdon on compliance with the West Batiquitos LCP. All existing provisions and guidelines of the LCP will remain in &ect but wiU reflect the
Poinsettia Shores land uses. The master phn requires each phnning area to obtain a Coastal Development Permit pursuant to the West Batiquitos LCP prior to fins map
recordatioa LCPA 91-02 is being processed concurrent with the master plan amendment.
Gated co~unities are allowed in Carlsbad if all applicable standards can be satisfied. Privatization of the residentid planning areas in this master plan can be supported because adequate public lagoon bluff access is bcing provided, in addition to all required public improvemaus. h addition, gated entrances are allowed iu an option in the master plan
Final approval of @red entrances will be incorporated into the planning area approval
process. Full diuretionary review will take place at that time. Furthermore, as required of
evuy planning area, a Coastal Development Permit pusuant to the West Batiquitos LCP must be obtained prior to lid map rtcordatioa The review and approval process at the phnning area level will assess the appropriateness of all propxed site designs.
a) The aclaycd Architccnua Revid process was contained in a draft version of the master plan text made aMilable to the Foundation. Thir process allowed tentative map/phed development pumit approval with delayed architectural review and has bcur eliminated from the final master plah The master plan does not establish
with required rpcdfic Pcnnit, and will undergo standard permit review and noadng processes indudkg architccnrrai review. Information regarding future development possi%ilities within the master plan is given within the Development Standards section of the master plan text. To the extent possible at the master plan level, this
section outlines the following infonnation for each planning area in the master plan:
architdth- EachplaMingma'sarcbitecnKewillbepro~concurnnt
Seth SChuIberg - September 30,1993
area description, key map, allowed land use type, mount of dwelling unit, allowed,
site acreage, special development standards, design aiterk, &w/approd processes, environmental mitigation requirements and special conditions spedfic to
the planning area. In addition, the project's roadway and circulation alignment,
land uses, open space, public facilities and affordable housing compliance are
covered in the master plan text.
b) The BLEP master plan was a more specific vision of the area's development where specific amounts of non-residential and institutional square footages were involved and allowed. The proposed master plan amendment implements City Council action
(MP 17S(C), 1989) regarding the subject prom by 'spreading" the remaining allowed BLEP density over the master plan's east side. Given the change in property
ownership of the master plan area, the proposed amendment is the first step to
development of the site. The next step will be specific phnning area development
proposals. The master plan attempts to guide the preparation, review and approval of these development proposals through the Development Standards section as
discussed above in 4a.
The Ciws desire is to maintain compliance with Section 21.38, Planned Community
(PC) Zone of the Munidpal Code given the property's PC zoning designation The
PC zone rquires a master plan for large parcels in the city (100 acres minimum) and spetifically outlines the required objectives and contents of a master plah The proposed project complies with the PC zone. Major roadway improvements (the alignment of Avenida Endnas-a Circulation Element roadway in the Ciws General Plan), the establishment of residential planning areas on the east side, guiding the
development of the propcrty on the west side and establishing an open space
program are involved with the proposed master plan amend men^ Zoning designations may be used to dictate a planning area's land use or development
standards, however, the master plan ensures development and the consmction of required public improvements in compliance with the PC zone. The udsting PC zoning prevents "straight zoning'. A zone change is not proposed by the applicant nor required by the City.
d) The master plan contains the items rquired of a master plan as outlined in Section
21.38.060 of the Municipal Code.
5. The new master plan property ownen, Kaiza Poinsettia, determined the allowed uses of the
BLEP to be economically unfeasible and chose instead to develop the property consistent
with MP 175(C) which outlined the development of the master plan if an educational use
was to be eliminated from the prom. The gated planning areas and privatization of the site can be supported because all required standards will be satisfied and public access blufftop areas will be provided as well as linkage with the Citywide Trails System throughout the master plan area. Granted a BLEP type of land use concept would be more
'quasi-public" than the proposed project, however, the private prom rights being pursued
by the applicant are within the requirements and limitations of City ordinances and policies.
A cornunity benefit will be realized by the fulfillment of obligations requbd of the applicant in -change for development approvals that are not being mlhd now by the vacant site. These indude the construction of major roadway imp-, contributions
as required for public facilities by the Zone 9 LFMP, increases to open space areas/buffas and a master plan that will allow less development intensity (in the form of reduced non- residcntia square footage and approximately half the tnffic generation) than the BLEP master plan. Another community bendit will be realized by the consuuction of the lagoon perimeter trail that was required of the prcvio\u developer but never constructed in
conjunction with the existing Rosalina single family subdivision This mil has received final
design approval from the City and is ready to begin construction pending final Coastal
Commission approval. ThC Coastal Commission had approved the trail plan but is now re-
hearing the item since the approval was appealed by some of the existing Rosaliha residents.
This effort is being carried out by the Poinsettia Shores applicant in coordination with the
City and this nquired/City approved aail will form a link in the City‘s aail system.
6. a) The intent of the master plan is to retain the Uavel SeMCe commercial user allowed for the west side. At this time, the applicant wishes to proceed with residenu
development on the sire. Since residential development can not be allowed on the
west side at this time, the cunently allowed uses are retained. Some development
standards are included in the master plan, however, specific proposals will be
reviewed at the planning area levd The unplanned reseme area of the west side
(area “m constitutes approximately 11% of the master plan area. ’This is within the
allowance of Section 21.38.070 which permits up to 40% of a master plan’s area to be resented for future planning efforts. Several discretionay permits will be
required for this planning area including a major master plan amendment.
b) The master plan establishes access points for the west side planning areas (and all
planning areas), setback areas from Batiquitos Lagoon (which may be increased upon review of a specific development plan) and a minimum 40 foot structural setback from Carkbad Boulevard. At the master plan level, structural types are
limited to those that would conform to the development standards of Commercial
Tourist (0 zone.
7. When a is required, the trail plan is required by the master plan to be incorporated
into the planning area’s overall design including landscape and grading plans. The master
plan also specifies that new development adjacent to a required trail segment will be
granted occupancy only after final completion of the subject txad Another provision of the
master plan is that no grading, modification or alteration of the lagoon bluffrop or slopes
will be allowed. These master plan provisions will be established and implemented by the
Poinsettia Shores.
Your letter and this corresponding response letter will be part of this project‘s staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161
extension 4441 if you have any questions.
Sincerely,
ERIC MUNOZ Associate Planner
m:km
M
2076 Sheridan Road
Leucadia, CA 92024
September 15, 1993
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RECEIVED
SEP 1 7 ?993
RE: Kaisa/Poinsettia Shores Master Plan CITY OF CARLSBAD
PlANW1NQ DEW. Attention: Eric Munoz
Dear Mr. Munoz:
Thank you very much for your presentation about the above project
to the Batiquitoa Lagoon Foundation on Monday, September 13, 1993.
There are a few quastions that I would like to ask, and I would
like this letter and your answors to be part of the record.
Thank you very much.
1) What other properties and/or building projects aro expected
to drain (now and in the future) into Batiquitos Lagoon through
the Kaisa property?
2) At the worst cas0 sconario, what will be the volume of rater
run-off, and what si20 of pipes, channols, siltation basins,
etc., will be noodod to hand10 that run-off?
3) What is tho oxpoctod sodimontation?
It is our undor8tanding that if/rhon Carlsbad builds out as
planned, all run-off wost of 1-5 and south of tho Encina sowage
plant will bo diroctod to Batiquitos Lagoon through tho Kaioa
property, and will roquiro hug. (doinch) piping and tronching facilitios. Sodimontation would bo massivo, requiring dredging
of the middlo basin ovory throo yoars to rotain capacity.
We have groat concorn about this drainago plan. Vo boliovo tho
natural vrluos of tho Batiquitos systoa will bo adversoly
impacted by tho constant disruption of tho natural Batiquitos
system.
We would hopo th8t tho City and tho Rosource Agoncios would
cooperato in assossing this problom and in working out a loss
disruptive and mor. biologically sound solution.
4) How ma
property?
total 500.
the bl uf 4s.
,ny total dwelling units remain to be built on the
From what you said, I figure the allowed number to
Thio would include the five lots still remaining on
5) Where will the public access trail along the bluff be located?
6) At the meeting, you stated that the exioting sewer line along
the railroad track would be lowered. How much lower will it be?
7) What are the park requirements according to the Carlsbad
Growth Management Plan for this development, and how will those
requirements be satisfied?
Thank you for your attention to these questions and comments.
Dolores Welty
copies to resource agencios and
interested parties
i? 9.
September 30, 1993
Dolores Welry
2076 Sheridan Road
Leucadia, CA 92024
RE: COMMENTS MADE To THE POINSE?TIA SHORES MASlER PIAN - MP 1750)
Dear Mrs. Welry:
This letter is in response to your letter dated September 15, 1993 regarding the above referenced
project.
Comments
1.
2.
3.
4.
5.
6.
7.
8.
What other properties and/or development projects (present and future) drain into the
Batiquitos Lagoon through the subject master plan property?
Given a worst case/peak episode scenario, what will be the expected volume of water run-
off, pipe sizes required, etc.?
The natural Batiquitos Lagoon drainage system will be adversely impacted by the direction
of run-off from the southwest quadrant of the Ciry at buildout through the Poinsettia Shores
site into the lagoon. A less disruptive drainage solution should be considered.
How many total units remain to be built on the master plan property?
Where is the location of the blufftop public access mil?
What will be the exrent of the moMcations/lowering of the existing sewer infrastructure
on the master plan's east side?
What are this project's park requirements as outlined by the City's Growth Management
Program?
Is there a map showing the blufftop buffer/setback areas within the master plan?
ResDonses
1. The Master Drainage Plan, both the existing and the forthcoming one, identilies properties
north of Poinsettia Lane that have historically drained through the master plan site and will continue to drain that way into Batiquitos Lagoon. This project is consistent with the
Master Drainage Plan.
2075 Las Palmas Drive I. Carlsbad, California 92009-1576 - (619) 438-1 161 @
Dolores Welty
September 30, 1993
Pane 2
2.
3.
4.
5.
6.
7.
These quantities and values were looked at to a degree of feasibility when the Zone 9 LFMP
was created. -This master plan amendment is consistent with the Zone 9 LFMP. These are
detailed design issues to be reviewed at the tentative map/planning area development stage
with complete design completed by the final map stage.
A siltationlsedimentation basin was designed to an advanced stage with the previous master
plan project. The overall sedimentation plan of the previous project and this proposed
project are both consistent with the Zone 9 LFMP, Master Jrainage Plan, the forthcoming Master Drainage Plan and Storm Water Management Plan and all applicable City standards.
It is me that 80 inch diameter pipes may be included in the final design. The installation
of 80 inch or even larger diameter pipes are not seen as a problem by either the applicant
or the City Engineer and engineering staff. Not all drainage originating south of Encinas
Creek will flow through the master plan site. These areas have been fully addressed in the
above referenced drainage plans. The Ciry is also concerned about the natural integrity of
all lagoons located within the City. As a result, the City's Master Drainage Plan has been
in the process of being refined and finalized with mandated review and approval by applicable resource agencies.
The three-year dredge schedule for the west and central basins of Baaquitos Lagoon is based on marine source sedimentation rates, not terresmal rates. The desiltation structures
will be designed to contain coarse terresmal sediments. The fine terresmal sediments will
be naturally flushed from the lagoon in its planned restored and enhanced state.
The existing subdivision on the site (Rosalina) consists of 70 single family units and 5 vacant single family lots. The units remaining to be built on the site consist of 451 dwelling
units (as allowed from the BLEP plan) plus a 25% density bonus in compliance with existing
affordable housing provisions. This would yield an additional 113 units. Therefore, the
maximum possible number of units left to be developed on the site would be 569 units (451 + 113 + 5 vacant lots).
The location of the blufftop access trail is shown on the master plan's Master Trails Exhibit,
attached for your reference.
The eltisting sewer infrastructure associated with the former BLEP project will be lowered to a new grade that will be essentially similar to che existing grade. Given the new
alignment of Avenida Encinas and a grading concept re^^ intensive than the BLEP plan, the elevated existing sewer infrastructure will not be needed. In addition, the master plan
specifies that no grading, modification or alteration of the lagoon bluff or slope areas will be allowed.
The master plan has previously conm%uted $1 million in park land acquisition funding
under BLEP. This funding in combination with Public Facilities Fees (PFF) satisfies the
Zone 9 LFMP parks requirement. Poinsettia Park (formerly known as Aka Mira Park) is
being planned by the City to senre the southwest quadrant's park needs consistent with the
Cirfs Growth Management Program. The park's site and financing are secured and the City
is currently obtaining necessary park development pennits.
Dolores Welty
September 30, 1993
Pane 3
8. The lagoon blufftop buffer/setback areas are shown on the master plan's Open Space Plan,
attached for your reference.
Your letter and this corresponding response letter will be part of this project's staff repon. The
Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161,
extension 4441 if you have any questions.
Sincerely,
LA&
ERIC MUNOZ Associate Planner
ENM:km
h4
MEMO
September 15, 1993
LAN D USE: CO4ST-1 L PLAN N IN G
L4NDSCAPE ARCHITECTC'RE ec4 *:<ln
COM PL'TE R-AI U ED SYSTEMS POLK)' .AND PROCESSING
To: John Blair, Carlsbad Unified School District
From: Dennis Cunningham, Planning Systems
Re: Poinsettia Shores Master Plan Comments
' -_ 4-
Blcknraund The Poinsettia Shores Master Plan was previously known as the Batiquitos Lagoon Educational Park (BLEP) Master Plan Area. BLEP was originally approved by City
Council in 1985. There have been two minor amendments to the BLEP Master Plan since 1985. Currently, the new property owner (Kaiza Poinsettia Corp.) does not
believe a private school concept to be viable and b requesting a Master Plan
Amendment. Furthermore, the applicant is proposing an change in land use which requires a Local Facilities Management Plan Amendment (LFMP-A to Zone 9) a
General Plan Amendment and a Local Coastal Program Amendment.
.. . .. Currcnt The Master Plan Amendment does not increase the overall dwelling unit count
from the original Master Plan. However, there is potential for affordable housing
and density bonus which would allow an additional 100 dwelling units and the applicant is requesting both.
Because this is only a Master Plan Amendment, the document refers back to the
adopted Zone 9 LFMP for public faality adquacy and financing. Since the LFMP adoption in the summer of 1989, there have been changes in the School Districts
location plan, student yield, and facility adequacy. A revision to the school facility
section in the adopted Zone 9 document b recommended. City staff indicated that
because of the land use change from RMH to Rh4 and a circulation change that the
traffic ADTs would be different, therefore, additional information would be needed. I believe this should be the same premise for school facilities. The General Plan has
changed showing the new School location plan and new schools have been built
serving Zone 9. In addition, the wording b outdated in* the zone plan; "The Carfsbod
Unified School District hos indicated its ability to prooide capacity to the ultimate buildout of Zone 9 through the use of re-locatabZes and trailers on current sites".
The real concern with the application package submittal is that the Master Plan
Amendment defaults to the adopted LFMP Zone 9 Public Facilities and the school section b no longer applicable. Since there b an LFMP Amendment application
being processed, I believe it would be appropriate to address the school facility
section at this point in the process.
I c Eric Munoz, C: ty Of Carlsbad-Planning Department 1 21 I I PALOMAR AlRPORT ROAD SUITE 100 CARLSBAD. CA 92009 (619) 931-0780 FAX (619) 93 1-5744
September 30, 1993 DRAFT
Dennis Cunningham Planning Systems
2111 Palomar Airport Road suite 100 Carlsbad, CA 92009
RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PLAN - MP 175(D)
Dear Mr. Cunningham:
This letter is in response to your letter dated September 15, 1993 regarding the above referenced project.
Comment
The issue of the adequacy of the wording and provisions of the existing Zone 9 Local Facilities Management Plan (LFMP) with regards to school facilties was raised.
ResDonse
Recognizing the re-evaluation of school facilities on a Citywide basis, the City notified in writing to the School District and the master plan applicant that a mutually supported solution was needed. As a result, an agreement has been 'reached whereby .....
Your letter and this corresponding response letter will be part of
this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161 extension 4441 if you have any questions.
Sincerely,
ERIC MUNOZ Associate Planner
I3 W
A PPROX .
GROSS AC.
1-1 previously L)etlic-atcd OS. 34.0 AC. (includes areas I,K,L)
1.8 AC.
7.2 AC.
’ ‘1 Public Open Space
hTq private open Spdc:
Public or Private Open Space
(includes Kec. Area, M)
0.7 AC.
APPROX. TOTAL ACRES 46.0 AC.
.............. ....................
.................... ........
1
,e
...............
A. With respect to westside 40’ setbacks
and 45’ bluff top setbacks
Lhe rollowing apply:
May include a portion of City Trail.
Public or private space to be
dcltrmined u on approval of
1.
2.
specific dcvt P oprnent proposal.
OPEN SPACE PLAN
September 16, 1993
Mr. Eric Munoz
City of Carlsbad 2075 Las Pahas Drive
Carlsbad, California 92009
Dear Mr. Munoz:
Mitigated Negative Declaration
SCH 93081049, San Diego County for the Poinsettia Shore Master Plan
A Department of Fish and Game (Department) biologist familiar with the area has reviewed the referenced Mitigated Negative Declaration. The project consists of 451 residential units on 88 acres, 38 acres of open space and 7 acres of unplanned area.
The Department recommends that a 100 foot setback from the edge of the bluff be established to provide a buffer area whicn
could be used for trails as well as wildlife. The document notes that domestic animals will be introduced through the normal
course of events associated with construction of residences. The Department feels that because of this introduction, the proper
location for a trail system is along the bluff, rather than along the edge of the Batiquitos Lagoon (Lagoon).
The Lagoon is proposed for enhancement by the Port of Los Angeles as part of mitigation for loss of habitat in San Pedro.
As part of this mitigation, several Federal and State listed
California least tern nesting areas are to be created. By placing a trail along the edge of the Lagoon near these proposed areas, the possibility for human disturbance, and domestic animals invading and causing harm to tne least tern. This creates a "may affect" situation that would require consultation with the U.S. Fish and Wildlife Service (Service) to determine what they may require for avoidance of this impact.
The Lagoon also supporis Belding's savannah sparrow, a state-listed endangered species, and snowy plover, recently listed as federally threatened. requiring consultation with the Department and the Service, the Department recommends that adequate buffer areas be established around the Lagoon (100 foot minimum distance from the edge of any wetland habitat). As this project proceeds, means of excluding or controlling domestic animals so they do not impact any of these species should be included in planning efforts.
To avoid any impacts, thereby
Mr. Eric Muno2 September 16, 1993 Page TWO
Thank you for the opportunity to comment on this project. questions r*garding this letter should be addressed to Mr. ~lrn Dillingham, Wildlife Biologist, at our San Diego office, phone: (613) 525-4215.
cc: Mr. Tim Dillingham Wildlife Biologist San Diego, California
Mr. Terry Foreman Fishery Biologist Ramona, California
Ms. Terri Dickerson Environmental Specialist I11 Laguna Hills, California
Mr. Jim Dice Plant Ecologist San Diego, California
Ms. Nancy Gilbert U.S. Fish and Wildlife Service Carlsbad, California
U.S. Army Corps of Engineers Los Angcles, California
Office of Planning and Research State Clearinghouse Sacramento, California
Region 5 1/'
California Coastal Commission Long Beach, California
September 30, 1993 -
Fred Worthley Department of Fish and Game
330 Golden Shore, Suite SO
Long Beach, 90802
RE: COMMENTS MADE To “E POINSFITU SHORES MASTER PLAN - Mp 175@)
Dear Mr. Worrhley:
This letter is in response to your letter dated September 16, 1993 regarding the above referenced
project.
Comments
1. A 100 foot setback is recommended by the Department from the edge of the bluff. This
area should also be the location of the public access & as opposed to the edge of the
lagoon itself.
2. The Department also notes the probable inuoduction of domestic animals concurrent with
residenaal occupancy within the master plan.
3. The various aspects of the Batiquiros Lagoon Enhancement Plan are noted and it is
emphasized that this project should not conflict with the implementation of the Enhancement Plan.
1. A 100 foot setback will be provided from the lagoon blufftop edge for buffuing and visual purposes on the master pian’s east side. This area will at0 accommodate a public access
mil. The west side of the master plan carries forward a 45 foot blufftop setback which may be inaCased during the review and approval of that individual planning area (area “H”).
In response to the coxnments made by the Deparanent, the master plan has been revised to require the r& and input of Fish and Game relative to this blufftop setback during the
review process for area 74..
2075 LaS Palmas Drive Carlsbad, California 92009-1578 0 (619) 438-1 161 @
Fred Worthley
September 30, 1993
Pane 2
2. Domestic animals will be separated from the lagoon slopes and habitat by the 100 foot
buffer on the east side. Residential uses are not proposed for the west side eliminating the
domestic animal issue on that side at this time. In addition, private fencing associated with
blufftop top units will further hinder domestic animal access to the lagoon on the east side.
3. One of the master plan's stated goals is to be consistent With, and allom the full
implementadon of, the Baaquitos Lagoon Enhancement Plan In addition, open space
planning area's within the master plan ("I", "IC and "L? specifically contain this provision.
Your letter and this corresponding response lerter will be part of this projects staff report. The Planning Commission date is scheduled for October 20, 1993. 1 can be reached at 438-1161
extension 4441 if you have any questions.
Sincerely,
ERIC MUNOZ
Associate Planner
ENM:lrm
LTR6