HomeMy WebLinkAboutLCPA 91-02; Poinsettia Shores Master Plan; Local Coastal Program Amendment (LCPA) (4)State of California
MEMORANDUM
California Coastal Commission San Diego District
TO: Commissioners and DATE: September 13, 1994
Interested Persons
FROM: Staff FILE NO: 6-94-79/ Regular Calendar
SUBJECT: Additional Special Conditions, Findings, and
Corrections to Staff Report dated 9/1/94
Staff recommends the following changes be made to the above referenced staff report:
On page one of the staff report, the project description table should be corrected as follows:
Lot Area 91.9 acres Pavement Coverage 4.5 acres (5%) Landscape Coverage 2.6 acres (3%) Unimproved Area 84.8 acres (92%) Zoning P-C (Planned Community) Plan Designation Mu1 t iple Ht abv fin grade 18 feet
On page one of the staff report, the project description should be revised as follows:
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 residential and 2 open space), balanced grading of 328,000 cubic yards including roadway embankments associated with the construction of 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 Avenida Encinas and temporary Ponto Road. Related infrastructure improvements are proposed to serve the buildout of the master plan property, including a storm drain and desiltation basin which terminates at Batiquitos Lagoon and construction of temporarv Ponto Road. No
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
dedicated over a portion of Lot 4, to be dedicated with the individual area tentative maps. The private easement will be within the rear vards of the future residences and will
~~~//~//#~#~~~~//~~//~~~//~ A private easement will be
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be subiect to the provisions stated on paaes 4 and 5 of the staff report. The easement will be 40 feet wide adjacent to the eastside desiltation basin and 50 feet wide adjacent - to the
laaoon. The Droject also proposes maintenance and liability responsibilities 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.
On pages two and three of the staff report, Special Condition #3 should be revised as follows:
3. Recordation of Open Space and 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 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 9/1/94 and as
revised in the addendum to the staff report, dated September
13, 1994.
On page four of the staff report, Special Condition #8 should be replaced as follows:
8. Aaricultural 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 as proposed by the applicant in the revised project description attached to the September 12,
1994 letter from Hofman Planning has been paid for $vjdj! ~##~~#~//sY/~/f~~~~~~~$ the 6 0 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 and shall be determined bv the Plannina Director.
New Special Condition #9 should be added as follows:
9. Council Action on Local Coastal Proaram Amendment. Prior to the issuance of the coastal development permit, the
applicant shall submit evidence that the City Council of
Carlsbad has accepted the suggested modifications of Local Coastal Program Amendment #1-94, an amendment to the West
Batiquitos Lagoon/Sammis Properties Local Coastal Program.
On page 4 of the staff report, the second sentence of the first
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paragraph under Finding #1, should be replaced by the following:
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 construction of 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 Avenida Encinas and temporary Ponto Road.
On page 4 of the staff report, paragraph 4, first sentence, the following changes should be added.
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 ~#~/~/~~~~~~~/~~/~~/~. The of fer 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. 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.
On page five, the following should be added at the end of the first incomplete paragraph:
A private easement will be dedicated over a portion of Lot
4, to be dedicated with the individual area tentative maps. The private easement will be within the rear yards of the future residences and will be subject to the provisions stated above. The easement will be 40 feet wide adjacent to
the eastside desiltation basin and 50 feet wide adjacent to
the lauoon.
On page five (fifth paragraph, fourth sentence) and page twelve (first paragraph, second sentence) of the staff report, the word "existing" should be deleted.
On page twelve of the staff report the first sentence of the second paragraph should be corrected as follows:
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 %%z/J$J$J$ 4556 vehicle trips in the area and further need of parklands to serve the recreational needs of project inhabitants.
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On page thirteen of the staff report, the fourth paragraph should be replaced as follows:
In the applicant's project description the applicant has proposed to provide the agricultural conversion fee for
agricultural lands being converted within the Poinsettia the remaining 60 acres of
Shores Master Plan ~~$/Z~B~~~/B~/B~#~~/#~/~~~/~~~j$~~ BT~$/BBBB~TZ~$~/~T~~/~~$/~#B~#~~~/~#Bj$~~/~~T~~/Z#~ B~~j$~~/~B/~~$/Z$#T~~~~~#B~/~B~~$#~TB~/~$~/~~Z~~/~$ ~~~~~~~~~/~~~//~~W/~~//Q'~ 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.
On page fourteen the following should be added as the sixth sentence of the last paragraph:
In the Commission's District Director's Report , a letter from the Planning Director of the City of Carlsbad indicates that all the suggested modifications associated with Local Coastal Program Amendment #1-94 are acceptable. While the Commission's regulations require that acceptance of LCP changes be done by the City Council, the certified Poinsettia Shores Master Plan, an implementing document of the West Batiquitos Lagoon/Sammis Properties LCP, allows changes to the master plan to be accepted by the Planning Director. However, LCPA #1-94 involved changes to both the Land Use Plan (LUP) and the Implementation Plan of the LCP. It is the Commission's position that changes to the LUP require City Council certification which has not been done at this time (the City Council is expected to certify the LCP changes at its September 13, 1994 meeting). Therefore, the subject coastal development permit #6-94-79 cannot be found consistent with the recently amended LCP until the City Council has certified the changes. The above Special Condition #9 reflects this requirement.
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