Loading...
HomeMy WebLinkAboutLCPA 91-02; Poinsettia Shores Master Plan; Local Coastal Program Amendment (LCPA) (3)STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gowrnor CALI FORNl A COASTAL SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE SAN DIEGO, CA 92108-1725 (619) 521-8036 Application No.: COMMISSION 200 STAFF REPORT 6-94- 7 9 Filed: 61301 94 180th Day: 12/27/94 A 49th Day: Waived .- - Staff: WNP-SD Staff Report: 9/1/94 kv- Hearing Date: 9/13-16 REGULAR CALENDAR AND PRELIMINARY RECOMMENDATION Applicant: Kaiza Poinsettia Agent: Hofman P1 anni ng Description: Master tentative map to mass grade approximately 89 acres associated with the Poinsettia Shores Master Plan, subdivision of 10 lots on the east side of the railroad tracks (8 resi denti a1 and 2 open space), balanced gradi ng of 328,000 cubi c yards including roadway embankments associated with the Avenida Encinas alignment and bridge over the railroad tracks to connect with a new intersection at Carlsbad Boulevard (Old Highway 1011, and construction of temporary Ponto Road. infrastructure improvements are proposed to serve the buildout of the master plan property, including a storm drain and desi 1 tat1 on basi n whi ch termi nates at Bati qui tos Lagoon. tentative maps for development proposals associated with individual planning areas are proposed at this time. The project also proposes offers to dedicate open space and public access easements over proposed Lot 10 and a portion of Lot 4, proposes maintenance and 1 iabi 1 i ty responsi bi 1 i ties for the open space and public access easements which may be transferred to the Homeowner's Association in the future upon approval by the City of Carlsbad and the Commission, proposes an agricultural mitigation fee, and proposes blufftop setbacks of 80 and 100 feet from residential structures. See pages 4-5 for a detailed description of the project. Related No Lot Area 89.0 acres Building Coverage 2.6 acres ( 3%) Pavement Coverage 1.5 acres ( 2%) Landscape Coverage 86.8 acres (97%) Zoni ng P1 an Desi gnation Ht abv fin grade P-C (P1 anned Community) Mu1 ti pl e 18 feet Site: South of Avenida Encinas and Windrose Circle, north of Batiquitos Lagoon, between Carlsbad Boulevard and 1-5, Carlsbad APN 21 6-1 40-1 7-33 Summarv of Staff's Preliminarv Recommendation: Staff is recommending approval of the proposed project subject to special conditions requiring the preservation of on-site freshwater marsh plants, mi ti gati on for conversion of former agri cultural 1 ands to urban uses, gradi ng, erosion and drainage control plans, and advisory conditions relating to bluff c- 6-94-79 Page 2 Documents: Certified City of Carl sbad West Batiqui tos Lagoon/Sammi s Properties Segment LCP; City of Carlsbad Master Tentative Map 94-01 Hi 11 side Development Permit 94-03, Mi tigated Negative Declaration The staff recommends the Commission adopt the following resolution: I. Amroval with Conditions. The Commission hereby arantt a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, wi 11 be i n conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 11. Sta ndard Co ndi tions. See attached page. 111. Spec ial Conditions. The permit is subject to the following conditions: 1. (August 10, 1994) for transplantation of southwestern spiny rush located at the west side desiltation basin as shown on the desiltation basin grading plan (August 5, 1994) shall be implemented within 90 days of the completion of the basin's construction. A pre-construction survey shall determine the number of individuals that would be impacted by basin construction. shall be transplanted. Transplantation shall occur in the areas identified on the desiltation basin grading plan. Se nsi tive Resources. The recommendations by Dudek and Associates Those individuals 2. Bluff Top Setbac ks. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the proposed public setbacks of 40 and 50 feet from the bluff edge within Lot 10 have been staked and confirmed. The staked alignments shall be reviewed and approved by the Executive Director. The approved alignments shall be incorporated into the final map and the offer to dedicate for open space Lot 10. 3. Recordation of OPen Space a nd Public Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the irrevocable offers to dedicate open space and public access easements have 6-94-79 Page 3 been executed in accordance with the terms of the project description as proposed by the applicant and detailed on pages 4 and 5 of the staff report dated 911 194. be required prior to the issuance of any building permits within those planning areas that include the public trail system. 4. Trai 1 Improvements. Construction of public trai 1 improvements shall 5. Gradina and Erosion Control. Prior to the issuance of the coastal development permit, the appl i cant shall submit final grading plans approved by the Enginneering Department of the City of Carlsbad and approved in writing by the Executive Director, in consultation with the Department of Fish and Game. Said plans shall incorporate the following: a. All temporary runoff and erosion control devices shall be developed and installed prior to November 15, 1994. shall be promptly reported to the Executive Director. Any variation from the schedule b. adjacent to the lagoon and the railroad right-of-way). c. to commencement of grading operations. No grading is allowed within Lot 10 (the public bluff top right of way Silt fencing shall be installed along the perimeter of the site prior d. All grading on the west side of the site shall be prohibited until at least September 1, of any year (end of least tern nesting season) or as directed by the U.S. Fish and Wildlife Service. Evidence of written approval of grading on the west side by the U.S. Fish and Wildlife Service shall be submitted to the Executive Director prior to grading. Grading on the east side of the railroad right of way is not subject to this requirement . e. All areas di-sturbed, but not completed, during the construction season, shall be hydroseeded upon completion of grading (1131195 for the east side and 12/31/95 for the west side). A hydroseeding schedule shall be submitted indicating the seed mix, amounts, areas of application, and monitoring and maintenance provisions of the hydroseed program. planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. Said f. and permament erosion control plan not specifically modified by the above requirements. All other provisions of the proposed grading schedule and temporary 7. Drainaqe/Runoff. Prior to the issuance of a coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff 6-94-79 Page 4 control shall be accompl i shed by such means as on-si te detentionldesi 1 ting basin(s1. be constructed. The runoff control plan including supporti ng cal cul ations shall be submitted to and determined adequate in writing by the Executive Di rector. Energy dissipating measures at the terminus of outflow drains shall . a. A! ricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that an agricultural mitigation fee has been paid for that portion of the remaining 60 acres of agricultural lands on the subject site that is subject to the agricultural conversion provisions of the certified Poinsettia Shores Master Plan. As identified in the West Batiquitos Lagoon/Sammis Properties Land Use Plan, the fee shall be $5,000 for each net converted acre. IV. Findinas and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. The applicant is proposing the Master tentative map to mass grade approximately 89 acres associated with the Poinsettia Shores Master Plan which governs land and water uses of the north shore of Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway 101). The master tentative map proposes the subdivision of 10 lots on the east side of the railroad tracks (8 residential and 2 open space), balanced grading of 328,000 cubic yards including roadway embankments associated with the Avenida Encinas alignment and bridge over the railroad tracks to connect with a new intersection at Carlsbad Boulevard (Old Highway 101), and construction of temporary Ponto Road. proposed to serve the buildout of the master plan property, including a storm drai n and desi 1 tati on basi n which termi nates at Bati qui tos Lagoon. No tentative maps for development proposals associated with individual planning areas are proposed at this time. After master tentative map approval, separate tentative tract maps will be submitted for each of the site's 10 planning areas. Related infrastructure improvements are As a part of the project, an irrevocable offer of dedication is proposed to a public agency or private association acceptable to the Executive Director of the California Coastal Commission of an open space easement over Lot 10 and a portion of Lot 4. issuance of the coastal development permit free and clear of all prior liens and encumbrances and binding on all successors and assigns. Lot 10 is proposed for open space to mitigate the visual impacts of buildout of the site and to prevent impacts on adjacent environmentally sensitive habitats. The offer shall be executed and recorded prior to the Adjacent to the Batiquitos Lagoon, within Lot 10 and a portion of Lot 4, a 100 foot setback from the bluff edge is proposed for open space. nearest the bluff edge is proposed as public open space and shall accommodate a public trail and related amenities. The remaining 50 feet of proposed open space is private open space and buildout of residential lots shall be allowed in private open space but not in public open space. No development including The 50 feet ,- 6-94-79 Page 5 grading or manufactured slopes associated with the adjacent private residential developments shall occur within the publ i c open space and setback areas. Private residential lots including rear yard structures, fencing, grading and landscaping are allowed within the private open space. dwellings are allowed within the private open space. - No Adjacent to the desiltation basin bluff top area in Planning Area L, a 80 foot setback is proposed for open space purposes. The 40 feet nearest the desiltation basin is proposed as public open space (Lot 10) and shall accommodate a public trail and related amenities. The remaining 40 feet of proposed open space is private open space (Lot 4) and buildout of residential lots shall be allowed in private open space but not in public open space. No development including grading or manufactured slopes associated with the adjacent private resi denti a1 developments shall occur within the publ i c open space and setback areas. Private residential lots including rear yard structures, fencing, grading and landscaping are allowed within the private open space. No dwellings are allowed within the private open space. This application does not propose the subdivision of the property west of the railroad tracks. also be subject to the setback and open space provisions identified in the LCP at the subdivision stage. Future development on the west side of the railroad shall Maintenante and liability for the open space lots and easements shall be provided by the developer and may be transferred to the Homeowner's Association in the future upon approval by the City of Carlsbad and the Commission. Lot 10 may be included as part of a Citywide Open Space and liability assessment district or other similar entity if one is formed. An irrevocable offer of dedication to a public agency or private association acceptable to the Executive Director of the California Coastal Commission of a public access easement is proposed within Lot 10. The lateral access easement is proposed to mitigate adverse impacts to public access and recreation of buildout of the site. The offer shall be executed and recorded prior to the issuance of the coastal development permit, free and clear of all prior liens and encumbrances and binding on all successors and assigns. shall consist of a minimum ten foot wide public trail (measured inland from the top of the bluff edge or railroad embankment) and include a five foot wide improved accessway, fencing, trash receptacles and intrepretive signage, an existing trai 1 head at Windrose Circle, and two additional trai 1 heads (one at the southwest corner of Planning Area A-4 adjacent to the railroad right-of-way and one at the northwest corner of Planning Area A-3, adjacent to Avenida Encinas). The trail heads are for directing pedestrians: no parking or vehicular access is proposed at these trailheads. specify what party(ies1 shall assume maintenance and liablility responsi bi 1 i ti es for the publ i c trai 1. segment shall construct the trail prior to the issuance of any building permits for that planning area. The easement The dedication shall Each planning area containing a trai 1 The applicant's project description also includes the payment of a fee for agricultural land being converted by the project. The project is converting a -. 6-94-79 Page 6 portion of the remaining 60 acres of formerly agricultural lands within the Poinsettia Shores Master Plan to urban uses subject to the agricultural conversion provisions identified in the West Batiquitos Lagoon LUP and the Poinsettia Shores Master Plan. The City of Carlsbad shall determine the amount of acreage being converted by this project that is subject to the fee and the amount of the applicable fee payable with this project. The Poinsettia Shores Master Plan was approved by the Coastal Commission in May 1994 and serves as the LUP and implementing ordinance to the West Batiquitos Lagoon/Sammis Properties LCP, one of six City of Carlsbad LCP segments. Properties LCP segment are under the applicant's ownership. the upland lands are formerly agricultural land. The remainder of lands comprising the LCP segment are the water acres of the outer basin of Bati qui tos Lagoon. In 1985, the West Bat! qui tos Lagoon/Sammi s Properti es LCP was submitted concurrent with a development proposal, a mixed use development plan and master plan featuring a college university known as the Batiquitos Lagoon Educational Park on the upland portion. exception of 75 single family lots known today as the Rosalena subdivision and other infrastructure improvements. In May, 1994 the Commission approved Carl sbad LCPA 1-94 which replaced the formerly approved Batiqui tos Lagoon Educational Park Master Plan with the Poinsettia Shores Master Plan (PSMP) as the implementing ordinance. university uses with residential development on the site's east side, approx. 89 acres, but retains the travel service/commercial land uses for the property's west side with the exception of one area which will be left unplanned. Other changes approved in the 1994 LCPA included modification of planning area boundaries, realignment of streets, and revisions to development and design standards. The majority of lands comprising the West Batiquitos Lagoon/Sammis The majority of That project was not built with the The Poinsettia Shores Master Plan replaces the The project site has a split zoning and land use designation. planned for resi denti a1 uses (Resi denti a1 Medi um (4-8 du/ac) , unplanned uses (Non-Residential Reserve (NRR); and visitor-serving uses (Travel Servi ces/Commerci a1 1 and zoned Planned Community (PC) in the City of Carl sbad's certified West Batiqui tos Lagoon/Sammi s Properties LCP segment. set of land use policies for both the lagoon and upland areas and a set of implementing ordinances (the master plan) to carry out its provisions. LUP includes agri cul tural preservation pol i ci es, 1 and use designations , sensi ti ve resource area protection pol i ci es, i ncl udi ng pol i ci es regarding grading and other development on environmentally sensitive steep sloping hillsides and the provision of public access. These policies carry out Sections 30231, 30233 and 30240 of the Coastal Act which protect environmental ly sensitive habitat areas from the adverse impacts of new development. The site is 2. Se nsi tive Habitat Areas. The West Batiquitos Lagoon LCP includes a The Approximately 35 acres of the Poinsettia Shores Master Plan area is composed of waters of Batiquitos Lagoon and its associated wetland habitat. As I. .- 6-94-79 Page 7 required in CDP #6-85-482, these areas have either been 'dedicated in fee title to the State Lands Commission or are subject to open space easements. necessary documents to enforce protection of the sensitive resources have been previously recorded and remain in effect. The LUP designates these biologically sensitive areas, Planning Areas I, K and-L, for natural open space. Batiquitos Lagoon Enhancement Plan are allowed, which was approved by the Commi ssion i n 1990 (CDP #6-90-219-A). All Within these planning areas, only uses that are consistent with the The Bati qui tos Lagoon Enhancement P1 an proposes the restoration/enhancement of Batiquitos Lagoon by restoring tidal flows to the lagoon from the Pacific Ocean through dredging and creating permanent inlet jetties at the mouth of the lagoon. underway. One of the plan's enhancement provisions is creation of California Least Tern sites, one of which has been constructed in the open water area of Planning Area I consistent with the plan. Preparations for the dredging of the lagoon are currently The project proposes a desilting basin in Planning Area I, adjacent to the least tern site. The basin is sited outside the enhancement area proposed by the Batiqui tos Lagoon Enhancement Plan. This location has been approved in both the former master plan and now the current Poinsettia Shores Master Plan subject to environmental review by the City and resource agencies and provided that no adverse impacts would result from its construction or operation. The City conducted an a1 ternatives analysis regarding the potential environmental impacts of the proposed desiltation basin as compared to enlarging an existing desiltation basin located east of the railroad tracks near the existing Rosalena subdivision. existing basin would be more environmentally damaging. Specifically, the study found the following impacts would occur to coastal resources: 0.31 acres of freshwater marsh, 0.1 acres of southern willow scrub and 0.22 acres to coastal sage scrub. The City found that enlarging the The proposed western basin is located in a disturbed area containing primarily non-nati ve i cepl ant. The i ni tial survey i ndi cated that 0.18 acres of coastal sage scrub would be impacted by the western basin. Since that time and and at the direction of the City, the western basin has been redesigned to avoid any impacts to coastal sage scrub. Based on the redesign, the City found the western basin design was the least environmentally damaging alternative, noting that impacts to a few individuals of juncus acutus (southwestern spiny rush), a freshwater marsh plant within the development footprint of the basin were unadvoidabl e and could be adequately mitigated. In addition, City engineering found that enlarging the existing eastern desiltation basin would require more grading to align the storm drain pipes to the basin (30 foot deeper cuts to place drainage pipes) and extensive reconstruction of the eastern basin. Based on the above, the City found the proposed western basin to be the preferred a1 ternative. As noted, as a result of a redesign the proposed western desiltation basin has avoided impacts to sensitive vegetation with the exception of a number of scattered individual s of juncus acutus, a freshwater marsh speci es that exi sts 6-94-79 Page 8 along with iceplant in the area of the basin. or federal endangered or threatened lists but is worthy of protection as a freshwater marsh plant. declining as a result of development. impacts to the juncus is not possible without impacting other sensitive vegetation in the area i.e., coastal sage scrub or salt marsh vegetation associated with the lagoon. This plant is not on any state Freshwater marsh is a wetland habitat that is rapidly However, another redesign to avoid The California Department of Fish and Game (DFG) has indicated that the impacts to the juncus could be adequately mitigated by transplantation. describes juncus as a hardy plant capable of adapting to upland locations and less than ideal environmental conditions. This is evidenced by the fact that it is currently growing in a mat of dense iceplant. transpl anti ng i ndi vi dual s to the periphery of the desi 1 tation basin and possibly within the basin itself, if it would not interfere with basin maintenance. impacts . DFG DFG recommends DFG has indicated it has no jurisdiction regarding the proposed The applicant has identified areas where salvaged individuals can be transplanted following basin construction and would not be subject to basin maintenance activities. The mitigation map identifies potential areas for transplantation. The biologist recommends that precise locations for transplanting should be determined in the field by a biologist. reason Special Condition #1 is proposed. It requires the recommendations of the consulting biologist be followed for transplantation of southwestern spiny rush within 90 days of the completion of the construction of the desiltation basin. A pre-construction survey shall determine the number of individuals that would be impacted by basin construction. transplanted. As conditioned, the Commission can accept the impacts to the spiny rush vegetation and find that adequate mitigation has been provided. The State Lands Commission has indicated that although it does not own any portion of the property underlying the desiltation basin, it is concerned about potential impacts to Batiquitos Lagoon as a result of drainage from the proposed basin. The City referenced the Batiqui tos Lagoon Enhancement Project EIR which analyzed stormwater input from the entire drainage basin of the lagoon, including the approximate 200 acres the proposed western desiltation basin would drain. Additionally, the project EIR assessed the impacts of the desiltation basin adjacent to the least tern nesting site and determined that there would be no significant impacts from the drainage system on either the lagoon or the adjacent tern site. For this Those individuals shall be With respect to construction and operational impacts of the proposed desi 1 tation basin on the adjacent 1 east tern site, the California Department of Fish and Game (DFG) and the U.S. Fish and Wildlife Service has recommended that the basin not be constructed within the bird's nesting season, which extends until September 1st of any year or later if tern's are identified as renesting. Grading is not proposed to occur until after this date and should not be a concern. the USFWS prior to commencement of construction of the basin. note that a berm and fence would adequately separate the proposed basin from The attached condition requires written concurrence from The agencies .. .. 6-94-79 Page 9 the least tern site and that an animal control program in Batiquitos Lagoon would further ensure the safety of this endangered avian species. based on the above, the Commission finds the proposed project, as conditioned, can be found consistent with the resource protection provisions of the West Batiquitos Lagoon LUP and the Poinsettia Shores Master Plan. Therefore, The West Bati qui tos Lagoon LUP pol i ci es a1 so contai n various requi rements for the provision of drainage, erosion and sedimentation control measures designed to protect the sensitive wetlands of Batiquitos Lagoon from the adverse impacts associated with grading and construction. These requirements call for the installation, as well as maintenance, of erosion control devices. There are also provisions for installation of adequate landscaping and seasonal restrictions on grading. As noted, the project proposes 328,000 cubic yards of grading over approximately 80 acres on the site's east side (between 1-5 and the railroad right-of-way. Most of this grading is composed of recompaction of the top 2 to 3 feet of loose surface material as the site was previously graded. grading would occur within 50 feet of the bluff top on. the east side. Approximately 33,000 cubic yards of fill is proposed for the right-of-way and bri dge abutments and decel erati on 1 anes for Aveni da Enci nas and temporary Ponto Drive from the eastern project boundary westward to Carlsbad Boulevard. With the exception of the road improvements and the desiltation basin, no grading i s proposed on the west side. No The proposed start date of grading is October 16, 1994 or sooner provided all discretionary approvals have been received. date, grading within the area east of the railroad is proposed to be completed on or before January 31, 1995 and grading west of the railroad is proposed to be completed on or before December 31, 1994. A number of temporary desiltation basins on the east side are proposed to be constructed prior to the mass grading of the site but after bridge and road work located well upland of Batiquitos Lagoon. During grading, about 70% of the project area, the east side of the site, will drain into the existing desiltation basin. The temporary desiltation basins provide temporary storm drains and would drain to the permanent desiltation basin and would remain in place until individual planning areas are built out. At that time the permanent storm drain system will be constructed within the streets and connections made to the permanent east side and west side desiltation basins. complete, hydroseeding of slopes will occur and the slopes will be irrigated to promote the growth of plants which will further reduce erosion. Based on the October starting Once the grading is Temporary erosion control measures proposed to protect Bati qui tos Lagoon include sandbags and silt fences along the perimeter of each grading area as the finished grade of the perimeter is achieved. These measures will remain in place until improvements associated with buildout of the individual planning areas are complet-ed. the perimeter of the site prior to the start of grading. proposed to be stockpiled on site prior to grading so that they will be available in the event of storm forecasts. be placed in appropriate locations to prohibit run off into the lagoon. A silt fence is proposed to be installed around Sandigravel bags are In such an event, sandbags would 6-94-7 9 Page 10 The applicant states that because sandbags and silt fences will be put into place as early as possible (prior to any storms) and because temporary desi 1 tation basins and storm drains wi 11 be in place concurrent with grading, at no time will uncontrolled erosion be allowed to exit the site and enter the lagoon. The applicant adds that as an added security measure against erosion, bonds will be posted with the City of Carlsbad which may be used for emergency repairs or construction of the erosion control system if not performed by the developer first. All erosion control improvements will remain in place and bonded for until drainage is directed to the permanent desiltation basins. The Commission finds that the above measures generally provide adequate protection to the downstream Batiqui tos Lagoon. Of greater concern is the timing of the proposed grading. Batiquitos LUP contains provisions for grading and erosion control of the site. The LUP provides that grading is prohibited during the rainy season from October 1st to April 1st of any year unless approved within the rainy season by both the City Engineer and the Coastal Commission. The applicant's projected grading dates encroach we1 1 into the Commi ssion' s typical rainy season grading restriction. The LUP also provides that any necessary temporary or permanent erosion control devices must be installed and operating prior to October 1st to protect Batiquitos Lagoon. As noted, based on the applicant's projected grading dates, this LUP requirement could not be met. The certified West However, consideration of the applicant's grading proposal is warranted due to a number of factors. First, the project has been subjected to a reduced grading season due to the adjacent least tern site. Under USFWS requirements designed to protect the bird from direct and indirect impacts associated with development, no grading i s a1 lowed between March through September 1 st which may adversely affect the bird's breeding habits. That restriction coupled with the Commission's typical rainy season restriction (October 1st to April 1st) leaves a very short window for grading operations. however, is the fact that BatiquStos Lagooon will be dredged during the 1994 winter season as part of the Batiquitos Lagoon Enhancement Project. operations within the lagoon will be significant and so will disturbance to the lagoon bottom and environs. Any potential runoff and sedimentation that may enter the lagoon by way of the grading of this site would appear to have a reduced impact given these circumstances. However, whi le the Commission may generally accept the applicant's grading schedule, the Commission finds and Special Condition #5 requires that a1 1 temporary erosion control faci 1 i ties must be in and operating by November 15, which is the date the Commission typically accepts as the latest date for grading to occur. The condition also requires that silt fences be installed prior to commencement of grading and that USFWS provide written approval of when construction of the desiltation basin may commence. Also, as directed in the LUP, approval of the applicant's runoff and erosion control plan must be accepted by the Carlsbad City Engineer prior to issuance of the coastal development permit. Based on the preceding, the Commission finds the proposed grading and erosion control plan, as modified through the provisions of Special Condition #5, can be found consistent with the corresponding provisions of the West Batiquitos Lagoon LCP and the Poinsettia Shores Master Plan. Most important, Dredging 6-94-79 Page 11 2. Public Access. The subject site is located between Batiquitos Lagoon and the first coastal roadway. of residential and visitor-serving uses along the lagoon slopes on both the southern and western boundaries of the site. nearly unobstructed view of the lagoon and ocean, respectively, are available. Immediately adjacent to the west are public beaches and campgrounds that provide year round access and recreational opportunities to coastal visitors. In accordance with Section 30604(c) of the Coastal Act, the Commission must find the proposed project conforms with all public access and public recreation policies of the Coastal Act. The approved master plan includes development From each of these areas, a In addition, the West Batiquitos Lagoon/Sammis Properties LCP segment contains specific public access requirements. The policies of the LCP segment state: Lagoon accessways, bluff top accessways or equivalent overlook areas, and a bike pathlpedestrian walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed. containing a segment of the trail shall be conditioned to require construction and maintenance of that portion of the trail within the planning area, unl ess otherwi se specified i n the Bat! qui tos Lagoon Enhancement Plan. Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those areas as a condition of development. The accessways shall not adversely impact environmentally sensitive habitats. Each planning area A pedestrian walkway shall be provided along the western property of areas "G and Marcos Creek Bridge on the south. to use by the public. "H" from approximately Avenida Encinas on the north to the San The walkway shall be permanently open In this case, the approved master plan provides an extensive public trail system along the bluff top on both the southern and western boundaries of the site. Offers of dedication for an open space dedication and trail easement for this future trail system are being proposed with this application. The actual trai 1 improvements wi 11 be constructed when the individual planning areas that have trai 1 segments propose development. Special Condition #4 simply restates this provision of the Poinsettia Shores Master Plan. At that time improved public trails will be provided within Planning Areas A-3, A-4, G, and H, both along the lagoon bluffs and the inland bluff system adjacent to the AT&SF railroad and Carlsbad Boulevard. Private trails are also proposed in a number of planning areas. approved, but, as yet unbuilt trai 1. The public trail system approved in the recent LCP amendment includes two lagoon overlooks and two trailheads, two seating nodes, signage, a six space parking lot and bicycle lanes along Hindrose Circle and Avenida Encinas. Planning Area J is the location of an The master plan identifies- that the blufftop trails would be approximately ten feet wide, with a five foot decomposed granite trail and five feet of landscaping, and be generally close to the bluff edge. provides that new development adjacent to a required trail segment will be granted occupancy only after final completion of the subject trail. The master plan 6-94-79 Page 12 .. The applicant has also proposed to dedicate an easement for public access purposes within Lot 10, which represents the blufftop area on the east side of the railroad right-of-way where the bulk of the public trial system would be constructed. The applicant proposes that allowable uses within these areas include a minimum ten foot wide public trail (measured inland from the top of the bluff edge or railroad embankment) consisting of a five foot wide improved accessway, fencing, trash receptacles and interpretive signage, an existing trail head at Windrose Circle, and two additional trailheads (one at the southwest corner of Planning Area A-4 adjacent to the railroad right-of-way and one at the northwest corner of Planning Area A-3, adjacent to Avenida Encinas). The trail heads are for directing pedestrians; no parking or vehicular access are provided. Maintenance and liability for the open space lots and easements shall be provided by the developer and may be transferred to the Homeowner's Association in the future upon approval by the City of Carlsbad and the California Coastal Commission. part of a Citywide Open Space and liability assessment district or other similar entity if one is formed. Lot 10 may be included as It should be noted that ultimate buildout of the eastern portion of the site with 451 residential units would require the following services and facilities: library, parks, drainage, circulation, fire, schools, sewer collection, and water distribution and would result in 112,000 vehicle trips in the area and further need of parklands to serve the recreational needs of project inhabitants. Residents of the project site will use other parks and roads in the area resulting in a burden on area wide access and recreational facilities. Although the master plan provides that new roads and recreational areas will accompany the buildout of the site, these facilities in and of themselves will not meet the increased demand generated by buildout of this site on area wide roads and recreational facilities. The lateral access easement is proposed by the applicant to mitigate adverse impacts to public access and recreation of buildout of the site. visitors using the trail will make other recreational facilities in the area more available to other recreationists. In this way dedication of the trail will offset some of the increased burden buildout of the site would have on access and recreation. on vehicular circulation in the area as visitors could use the proposed trail rather than having to drive to more remote locations to use similar facilities. The proposed offer to dedicate is the appropriate legal vehicle (rather than a deed restriction) to use where the public has the ability to use the land. The dedication to an accepting agency transfers liability to the accepting agency rather than the developer. assure the provi si ons of the LCP are imp1 emented through the appl i cant's proposal. Based on the above, the Commission finds the proposed project consistent with the public access provisions of the West Batiquitos LCP. 3. areas and the steep sloping hillsides above the lagoon, nearly all of the subject property was at one time in agricultural production. Coastal The trail system would also result in less of a burden Special Conditions #3 and #4 Aari cul ture . With the exception of the drainage channel, wetland 6-94-79 Page 13 Pursuant to Coastal Act Sections 30242 and 30171.5, the West Batiquitos Lagoon/Sammis Properties Segment of the Carlsbad LCP contains an agricultural conversion program. The program allows for the conversion of non-prime agricultural lands subject to the payment of an agricultural conversion fee. The fee is fixed at $5,000 per net acre of agricultural land, and is deposited with the State Coastal Conservancy for use in programs involving restoration or improvements to a number of the natural resources in Carlsbad. The priority for expenditure rests first with restoration and enhancement of Batiqui tos Lagoon, second with development of faci 1 i ti es at Buena Vista Lagoon, and, third, with restoration of public beaches in Carlsbad. the list of priorities for expenditure of the funds is the purchase of lands within Carlsbad's coastal zone for continued agricultural use. Fourth on In its approval of this segment of the LCP, as well as in its approval of the Master Plan for the Batiquitos Lagoon Educational Park, the Commission fixed at 100 acres the area for which mitigation for agricultural conversion would be requi red. segment, the subject fee would be applied to 100 acres of agricultural lands within the LCP segment area. Planning Areas C, 8-2, and J) has been paid, leaving 60 acres subject to the fee. The Master Plan provides that in the remaining planning areas, fees shall be paid for the amount of land proposed for conversion within that planning area and that mitigation fees shall be secured prior to final map recordation and paid prior to issuance of a grading permit. Under the proposed West Bati qui tos Lagoon/Sammi s Properti es The fee for 40 acres of affected land (proposed The master plan also applies these provisions to grading for roadway construction in that, prior to issuance of a grading permit for any roadway in the master plan which is not specifically within a planning area for which agricultural mitigation fees have previously been paid, payment of the fees shall be made for the portion of land being graded and improved by the roadway. In the applicant's project description the applicant has indicated the willingness to provide the agricultural conversion fee for that portion of the remaining 60 acres of agri cul tural 1 ands bei ng converted wi thi n the Poi nsetti a Shores Master Plan. The amount of acres on the subject site associated with the proposed project which are subject to the agricultural conversion fee shall be determined by the City of Carlsbad. The attached special condition is reflective of this agreement. The Commission finds that the proposal is consistent with the applicable sections of the Coastal Act, West Batiquitos LUP and the Poinsettia Shores Master Plan. 4. Visual Resources. Section 30251 of the Coastal Act provides that new development be sited and designed to not adversely impact scenic coastal resources. terrace adjacent to both the Pacific Ocean and Batiquitos Lagoon. of views is available to the west in the direction of the ocean and to the south across Batiquitos Lagoon. from Carlsbad Blvd. (Highway 1011, Interstate 5, La Costa Avenue across Batiquitos Lagoon and from passenger trains using the AT&SF Railroad. The balanced grading of 328,000 cubic yards will mass grade the site to The site is located in a visually prominent location, on a marine A panorama Similarly, the project site is highly visible 6-94-79 Page 14 accommodate planning area developments, drainage faci 1 i t'i es , and the Aveni da Encinas roadway and associated embankments. No dwelling units are proposed. The highest cut slope proposed is approximately 18 feet associated with the excavation of the hillside area of the site; the highest fill slope is approximately 16 feet associated with the fill of Avenida Encinas roadway just west of the railroad tracks. These areas would be revegetated upon completion of grading. In recognition of the above and to mitigate the visual impacts of subsequent development of the site, the appl i cant has proposed an irrevocable offer to dedicate an easement for open space purposes over Lot 10. As noted, the site is located in a visually prominent location, on a marine terrace adjacent to both the Pacific Ocean and Batiquitos Lagoon. A panorama of views is available to the west in the direction of the ocean and to the south across Batiquitos Lagoon. Similarly, the project site is highly visible from Carlsbad Blvd. (Highway 1011, Interstate 5, La Costa Avenue across Batiquitos Lagoon and from passenger trains using the AT&SF Railroad. Buildout of the property will result in these currently unobstructed views along the north shore of Batiquitos Lagoon being adversely impacted. mitigate these impacts the master plan provides 'that new development must be setback a minimum of 50 feet from the lagoon bluff edge. The attached Special Condition #2 requires this setback to be demonstrated by staking and confirmation of the setback. The public trail system is the only development allowed within the open space easement area. It should be noted that this setback will also reduce the potential of adversely impacting coastal sage scrub on the bluff face and reduce the geologic hazards associated with building so near the bluff edge. For these reasons open space lot #lo, which is approximately 2 acres, is proposed to be dedicated. the Commission can find the proposed project consi stent with the vi sua1 resource protection pol i ci es of the West Bati qui tos Lagoon LCP. To Based on the above, 5. Local Coasta 1 Planninq. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments ,which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development proposals, the Commission must essentially act like local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding can be made. As conditioned herein, the proposed project can be found consistent with the recently amended West Batiquitos Lagoon LCP, including the Poinsettia Shores Master Plan, an implementing document of the LCP. Specifically, public access and open space dedications are proposed which will implement the public access provisions of the LCP to provide a public trail system and related amenities on the north shore of Batiquitos Lagoon. In addition, as conditioned herein, the lagoon would be protected from erosion and sedimentation impacts resulting from development of this phase of the buildout of the site. Existing LCP provisions regarding the conversion of former agricultural lands are also being proposed as part of this coastal development permit. As conditioned, the Commission finds the project is consistent with the provisions of the West Batiquitos Lagoon LCP. .. 6-94-79 Page 15 6. Go nsi stencv wi th the Cal i forni a Envi ronmental Oua litv Act (C EOA) . Section 13096 of the Commission's administrative regulations requires Commi ssion approval of Coastal Devel opment Permi t appl i cation to be supported by a finding showing the permit, as conditioned, is consistent with any appl i cab1 e requi rements of the Cali forni a Environmental Qual i ty Act (CEQA) . Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the West Batiqui tos Lagoon/Sammi s Properties Local Coastal Program. Mi ti gati on measures have been incorporated as conditions of approval which will minimize all adverse environmental and public access effects. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the proposed activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. 2. 3. 4. 5. 6. 7. Notice o f ReceiDt a nd Acknowledgeme nt. The permit is not valid and development shall not commence until a copy of the permit, signed by the permi ttee or authorized agent, acknowl edgi ng receipt of the permi t and acceptance of the terms and conditions, is returned to the Commission off i ce . ExDiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. be made prior to the expiration date. Application for extension of the permit must ComDliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. Interpretation. condition will be resolved by the Executive Director or the Commission. Any questions of intent or interpretation of any InsDections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Assianment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit. The permit may be assigned to any qualified person, provided Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 4079R - 9. h c 1- 4' City of Cir~hi ! ,. ., i -- ,i .j ~~ EXHIBIT NO. ? 1 California Coastal Commission I .. I .. .. L ,