HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 3554.l 0 e
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PLANNING COMMISSION RESOLUTION NO. 3554
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL
COASTAL PROGRAM TO MEND THE LAND USE
DESIGNATIONS AND TEXT OF THE WEST BATIQUITOS
LOCAL COASTAL PROGRAM TO BE CONSISTENT WITH THE
POINSETTIA SHORES MASTER PLAN AMENDMENT
CASE NAME: POINSETTIA SHORES MASTER PLAN
CASE NO: LCPA 91-02
WHEREAS, California State law requires that the Local Coastal Program:
General Plan, and Zoning designations for properties in the Coastal Zone be ir
conformance; and
WHEREAS, the Planning Commission did on the 20th day of October, 1993
and the 3rd day of November, 1993, hold duly noticed public hearings as prescribed bl
law to consider the proposed suggested modifications to the land use designations of thc
West Batiquitos segment of the City’s Local Coastal Program and the revised text of thc
Local Coastal Program as shown on Exhibit LCPA 91-02, dated October 20, 1993
attached hereto, and;
WHEREAS, at said public hearing, upon hearing and considering a1
testimony and arguments, if any, of all persons desiring to be heard, said Commissior
considered all factors relating to the Local Coastal Plan Amendment.
WHEREAS, State Coastal Guidelines require a six week public review perioc
~ for any amendment to the Local Coastal Program. i
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
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~ of the City of Carlsbad, as follows:
~ A) That the foregoing recitations are true and correct.
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B) At the end of the State mandated six week review period, starting on
August 5, 1993, and ending on September 17, 1993, staff shall present to
the City Council a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of LCPA 91-02 including the amended LCP text,
as shown on Exhibit LCPA 91-02, dated October 20, 1993, attached hereto
and made a part hereof based on the following findings:
4 Findinm:
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1. The proposed Local Coastal Program (LCP) Amendment is consistent with all
applicable policies of the West Batiquitos segment of the Local Coastal Program.
2. The proposed amendment to the West Batiquitos segment of the Carlsbad Local
Coastal Program will bring the coastal land use designations into conformance
with the land use designations proposed by the Poinsettia Shores Master Plan
Amendment which replaces the educational and related land uses of the former
Batiquitos Lagoon Educational Park master plan with residential uses. The
Poinsettia Shores Master Plan will require individual planning areas to obtain a
Coastal Development Permit prior to development to ensure compliance with the
LCP.
Conditions:
15 1. Approval of LCPA 91-02 is subject to the approval of the project’s Mitigated
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Negative Declaration, GPA 91-05, LFM[P 87-09(A) and MP 175(D).
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27 PC RES0 NO. 3554 -2 -
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 3rd day of November, 1993, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary
& Hall.
NOES: Commissioners: Erwin & Welshons.
ABSENT: None.
8 ABSTAIN: None.
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CARLSBAD PLANNING COMMISSION
ATTEST:
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15 11 Planning Director
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27 I; PC RES0 NO. 3554 -3-
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LOCAL COMAL PROGRAM "ENT WJSI' BATXQUlTOS LAGOON SEGMENT
OCTOBER 20, 1993
LCPA 91-02
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LOCAL COASTAL PROGRAM: AMENDMENT
WEST BATIQUITOS LAGOON SEGMENT
This is an amendment to the West Batiquitos Lagoon Local Coastal Program within the City of
Carlsbad's Coastal Zone.
The amendment is required due to the change in land use as proposed by the Poinsettia Shores Master
Plan which is located within the West Batiquitos Lagoon LCP area. The proposed Poinsettia Shores
Master Plan was previously known as the Batiquitos Lagoon Educational Park (BLEP) Master Plan.
The BLEP Master Plan was originally approved by the City Council in October of 1985. The BLEP
Master Plan was prepared to facilitate the development of a private university with associated research
and development facilities. The Master Plan also included a variety of housing types as well as
recreational commercial, neighborhood commercial, travel service commercial, time-share units and a
hotel with conference facilities.
Since the approval of the BLEP Master Plan, the only development that has occurred is in Planning
Area J. There are currently 70 single family homes built within Planning Area J and an additional 5
custom home sites remaining vacant, also in Planning Area J. The remainder of the Master Plan area
is currently undeveloped.
The Poinsettia Shores Master Plan proposes. to eliminate the university and research and development
uses on the east side of the AT & SF railroad right-of-way and develop this area with a variety of
residential products in a gated community. Land uses west of the railroad rightqf-way will remain
substantially as previously approved.
A. 'LAND USES
The following are the proposed land use "Planning Areas", each providing a brief description.
The "Planning Areas" correspond directly with the planning areas approved with the Poinsettia
Shores Master Plan. All development in these planning areas are subject to the provisions of
the Poinsettia Shores Master Plan as adopted by the Carisbad City Council. No development
inconsistent with the Mastet Plan shall be permitted. .The Planning Areas identified below
will replace the former planning areas established by the BLEP Master Plan. See the attached
map for the location of the Planning Areas described below.
1. NNING = A-1
Planning Area A-l is located north of Avenida Encinas near the intersection of
Avenida Encinas and Wmdrose Circle. It has a gross area of 9.8 acres and a net
developable area of 8.4 acres. Planning Area A-1 has a land use designation of RM
and allows for the development of 41 single My detached residences @lus any
density bonus units as provided in the Poinsettia Shores Master Plan).
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2. PLANNING AREA A-?
Planning Area A-2 is located south of Avenida Encinas within the interior of the
Circle.formed by Windrose Circle. It has a gross area of 13.5 acres and a net
developable area of 11 .O acres. Planning Area A-2 has a land use designation of RM
and allows for the development of 50 single-family detached residences @lus any
density bonus units as provided in the Poinsettia Shores Master Plan).
3. PLANNING AREA A-3
Planning Area A-3 is located west of Plan~ing Area A-2, east of the railroad right-of-
way and adjacent to Avenida Encinas. It has a gross planning area of 10.2 acres and a
net developable area of 8.6 acres. Planning Area A-3 has a land use designation of
RM and allows for the development of 51 single-family detached residences @lus any
density bonus units as provided in the Poinsettia Shores Master Plan).
4. PLANNING AREA A4
Planning Area A4 is located south of Planning Area A-3, east of the railroad rightt-of-
way and adjacent to Batiquitos Lagoon. It has a gross planning area of 14.7 acres and
a net developable area of 14.7 acres. Planning Area A-4 has a land use designation
of RM and allows for the development of 62 singlefamily detached residences (plus
any density bonus units as provided in the Poinsettia Shores Master Plan). Planning
Area A4 is a lagoon bluff-top area which is subject to special development standards
to address visual impacts to the lagoon.
5. PLANMNG AREA B-t
Planning Area B-1 is located north of Averida Encinas and south of Lakeshore
Gardens Mobile Home Park. It has a gross planning area of 20.9 acres and a net
developable area of 20.2 acres. Planning Area B-1 has a land use designation of RM
and allows for the development of 161 clustered single family detached residences
(plus any density bonus units as provided in the Poinsettia Shores Master Plan).
The cluster single-family units are organized in groups of four air space ownership
units located on common property owned by the homeowners association. These units
will share in common a courtyard and private driveway leading to the individual unit
garage, front yard area and the area fronting the adjacent street(s). Outdoor private
use areas will atso be provided for each home, within the common property.
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This product type provides many of the amenities found in standard singlefamily
residential design including: no common wails between units, private rear yards,
garages, and increased privacy. The shared common property and shared driveway
allow for clustered placement of the units around a centfal driveway/courtyard. This
effectiiely reduces the number of units requiring direct street frontage and provides
additional spacing between units across the drive. This results in a street scene which
exhibits only two units in a row spaced ten feet apart in contrast to standard design
practice under the Planned Development Ordinance which allows an unlimited number
of units spaced ten feet apart with certain design criteria for single story elements,
6. PLANNING AREA B-2
Planning Area B-2 is located south of and adjacent to Windrose Circle in the interior
of Navigator Circle. PIanning Area B-2 has a gross area of 2.9 acres with a net developable area of 2.6 acres. This Planning Area has a land use designation of RM
and allows for the development of 16 clustered single family detached homes on
common lots (plus any density bonus units as provided in the Poinsettia Shores Master
Plan). The cluster single family product is discussed above under Planning Area B-1.
7. PLANNING AREA C
Planning Area C is located immediately east of Navigator Circle, to the northeast of
the previously developed single family homes of Planning Area J and immediately
west of Interstate 5. Planning Area C has a gross area of 11.2 acres and a net
developable area of 9.6 acres. Planning Area C has a land use designation of RM and
allows for the development of 70 multi-family dwelling units (plus any density bonus
units as provided in the Poinsettia Shores Master Plan). These may include carriage-
type units with garage space below portions of the living area in each unit, located on
property owned in common.
8. . PLANNING AREAQ
Planning Area D is located immediately east of the AT&SF Railway right-of-way to
the south of Lakeshore Gardens Mobile Home Park. Planning Area D has a gross
area of 4.4 acres and a net developable area of 4.0 acres. Planning Area D is
designated as the Master Plan's affordable housing site, unless an offsite location is
designated through an Affordable Housing Agreement between the property owner and
the City per the provisions of Chapter Vn of this Master Plan.
The Poinsettia Shores Master Plan requires that 90 affordable housing units be
provided either on-site within V,illage D or offsite as indicated in Chapter VII of the
Master Plan.
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9. PLANMNG AREA E
Planning Area E is located east of and adjacent to the AT&SF Railway right-of-way
and north of and adjacent to Avenida Encinas. Planning Area E has a gross area of
0.9 acres and a net developable area of 0.5 acres. This planning Area is intended to
provide recreational vehicle storage for the Poinsettia Shores Master Plan residents.
Per the requirements of the Planned Development Ordinance, 20 square feet per unit
of recreational vehicle storage space shall be provided for all units. The Poinsettia
Shores Master Plan allows for 451 market rate dwelling units, plus an additional 23
market rate units with the proposed density bonus for a total of 474 market -rate units.
The 90 affordable housing units are not included in this total since the residents of
these units would be less likely to own luxury recreation vehicles. Therefore, the total
requirement for the Master Plan is 9,840 square feet of recreational vehicle parking
(20 x 474 = 9,480). The proposed RV site is .5 net developable acres or 21,780
square feet in size. This will more than satisfy the required minimum.
' This RV storage area shall be operated and maintained by the Poinsettia Shores Master
Homeowners' Association. Recreational Vehicle storage shall be available by use of a
paved access road prior to issuance of the first Certificate of Occupancy for any
residential unit in the Master Plan. If there is space available within the RV storage
area, nonresidents of the Master Plan may be allowed to store their recreational
vehicles in this area. The fees charged to these nonresidents shall be used to ,pay for
the maintenance of the RV storage area. As the Poinsettia Shores Master Plan is
developed, residents of the Master Plan area shall have priority over nonresidents for
storage space within the Recreational Vehicle Storage Area.
10. PLANNING AREA F
Planning Area F is located at the far northwest corner of the Master Plan area west of
the AT&SF Railway right+f-way. This Planning Area has a gross area of 11.3 acres
and a net developable area of 10.7 acres.
Planning Area F carries a Non-Residential Reserve (NRR) General Plan designation.
Planning Area F is an "unplanned" area, for which land uses will be determined at a
later date when more specific planning is ded out for areas west of the railroad
right+f-way. A future Major Master Plan Amendment will be required prior to
further development approvals for Planning Area F, ad may include a LCP
Amendment with associated environmental review, if determined necessary.
The intent of the NRR designarion is not to limit the range of potential future uses
entirely to non-residential, however, since the City's current general plan does not contain an "unplanned" desigmion, NRR was daermined to be appropriate at this
time. In the future, if the Locrl Coastal Frogram Ameodmem has not been processed, and the City develops an "unplmed" General Plan designation, then this
site would likely be redesignate& as "unplanned". Future uses could include, but are
not limited to: commercial, residential, office, and other uses, subject to future review
and approval.
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11. PLANNING AREA Q .,
Planning Area G is located west of the AT&SF Railway rightqf-way, at of Carisbad
Boulevard, north of Planning Area H and south of the Avenida Encinas extension.
Planning Area G has a gross area of 8.4 acres and net developable area of 7.8 acres.
All development in Planning Area G shall conform to the standards of the C-T mne of
the Carlsbad Municipal Code, Chapter 21.29.
Hotel units will be managed and maintained by a hotel management group. This area
also allows for hotel units which are also permitted to be designed as vacation time
share units provided that a subdivision map is recorded and the time share is processed
under Section 21.42.010 of the Carkbad Municipal Code. Up to 220 hotel or vacation
time share units shall be allowable within this Planning Area. Each unit shall have the
option to be designed with full kitchen facilities. These units may be sold or leased on
a daily or weekly basis. In this event the facilities shall be maintained and managed
by an independent management entity which may or may not be affiliated with the
hotel management group.
This Planning Area provides touristammercial services and, in particular, the hotel
and conference center. Uses within this area shall be primarily directed toward the
. needs of tourists visiting the hotel, conference center and locai scenic and recreation
areas.
In addition to the hotelitime share units described above, this Planning Area permits,
but is not limited to the following uses: restaurants, bakeries, convenience retail,
barber and beauty shops, book and stationarry stores, dry cleaning, laundry service for
hotel, florist shops, small specialty grocery stores, novelty and/or souvenir stores,
travel agencies, confectionery stores and jewelry stores. Other similar uses are also
allowed upon approval of the Direaor of Planning.
A maximum of 220 hotel and/or time share units, private recreation facilities in
conjunction with the hotel and/or time share related uses as well as 58,600 square feet
of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
12. PLANNING AREA 8
Planning Area H is located immediately east of Carlsbad Boulevard between the Hotel
to the north and an open space am to the south. This Planning Area has a gross area
of 3.7 acres and a net developable area of 3.7 acra. Planning Area H is a lagoon
bluff-top area with a land use designation of TSiC. lhi Planning Area is subject to
special development standards which address visual impacts to the'lagoon.
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Planning Area H will include a hotel and conference center with recreational faciiities,
administrative offices, banquet facilities and accessory retail uses as approved by he
Planning Director.
All development in Planning Area H shall conform to the standuds of the C-T u>ne of
the Carlsbad Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service
hotel facilities to include, but not limited to, a cunference center, swimming pool,
tennis courts, health club, dining facilities, and xcessory retail uses provided for the
convenience of hotel quests when located within the hotel structure(s).
A maximum of a 150 executive suite hotel, a maximum of five tennis courts and a
maximum of 120,000 square feet of commercial area which includes a 25,000
conference center is allowed within this Planning Area.
13. PLANNING AREA I
Open Space Area I is located north of Batiquitos Lagoon, west of the ATMF Railway
right+f-way and east of Carlsbad Boulevard at the southwest corner of the Master
Plan area. Planning Area I has a gross areal of 11.9 acres. Planning Area I has a
land use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit.
The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in
this area shall be consistent with the approved enhancement plan. No activities
contrary to that plan &ail be allowed. A desilting basin may be commcted in the
northwest portion of Open Space Area I. The proposed desiltation basin site is outside
the Batiquitos Lagoon Enhancement Plan's implementation area. The City has
reviewed a feasible design for the basin ad stonn drain in the review of the former
Batiquitos Lagoon Educational Park (BLEP) project. In addition, the specific
implementation design of the Enhancement Plan has accounted for the location of this
desiltation basin.
14. PLANNING AREA 1
Planning Area J is located north of Batiquitos Lagoon in the eastern portion of the
,Poinsettia Shores Master Plan area. Planning Area J is the onIy portion of the Master
Pian area that has been developed. There are currentiy 70 homes built with five lots
remaining to be developed. Planning Area J has a gross area of 13.8 acres.
This planning area has a land use designation of RM awl allows for the development
of 75 singlefay detached units of which 70 units have already been built.
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15. PJ-ANNING AREA K
Phing Area K is located north Of Batiquitos Lagoon, east of the AT&SF Railway
right of way and West of hterstate 5. Planning Area K has a gross area of 18.3
acres. -This planning area has a lqd use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission a~ a
requirement of the BLEP Master Plan and approved Coastal Development Permit.
The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in
this area shall be consistent with the approved enhancement plan. No activities
contrary to that plan shall be allowed.
16. PLANNING AREAL
Planning Area L is located north of Batiquitos Lagoon and Planning Area K and
separating Planning Areas A4 from Planning Area J. Planning Area L has a gross
area of 4.6 acres. This planning area has a land use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as .a
requirement of the BLEP Master Plan and approved Coastal Development Permit.
The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in
this area shall be consistent with the approved enhancement plan. No activities
contrary to that plan shall be allowed.
17. PLANNING AREA M
This area shall be developed as a private Community Recreation Center and will be
located adjacent to Avenida Encinas between Planning Areas A-1 and B-1. The
Recreational Facility Center has a gross acreage of 2.3 acres and a net acreage of 2.0
acres.
This facility will be available to all home owuers within the Poinsettia Shores Master
Plan area, except as outlined in the Poinsettia Shores Master Plan within the
development standards of Planning Area M.
THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNING AREAS WITHIN THE
POINSETITA SHORES MASTER PLAN - THIS LCP AMENDMENT INCLUDES ADDITIONAL
AREA TO THAT OF THE POINS€ITIA SHORES MASTER PLAN. THE FOLLOWING LAND
USE CATEGORY COVERS THOSE AREAS OUTSIDE THE POINSEITIA SHORES MASTER
PLAN, BUT WITHIN THIS AMENDMENT.
18. ST BATIOUITOS LAGOON
Public Resources Code Section 30233(c) identifies Batiquitos Lagoon as one of 19
priority woodlands and limits the types of uses and activity that may occur there. This
area is Open Space (0-S) in order to preserve the funaion of the lagoon and the
immediately adjacent uplands as a viable wetland ecosystem and habitat for resident
and migratory wildlife. Uses shall be limited to activities related to habitat
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. enhancement, educatiod and scientific nature study, passive recreation which will
have no significant adverse impacts on habitat values, and aquaculture having no
significant adverse effect on natural processes or scenic quality.
B. AGRICULTURAL LANDS (approximateiy lo0 acres originally identified as non-prime, of which 60 remain.)
' Non-prime agricultud lands identified during the review of the Batiquitos Lagoon Educational
Patk Plan are shown on Map C. Of the original 100 acres, 60 acres remain undeveloped.
40 acres have been converted to urban uses in accordance with the provisions of the West
Batiquitos LagoodSammis Properties Local Coastal Program and the Batiquitos Lagoon
Educational Park Master Plan. An agricultural conversion mitigation fee of $5,000/acre was
set by the California Coastal Commission with approval of the project. At the same time, the
State Coastal Commission agreed to accept a bond and recorded deed restriction securing the
balance of payment due for conversion of the remaining 60 acres of agricultural land, In
September of 1986, $2OO,OOO was paid by the property owner to the State Coastal
Conservancy for conversion of 40 acres to urban uses in accordance with the project
conditions.
The remaining 60 acres of land may be converted to urban uses as specified in this plan and
the Poinsettia Shores Master Plan, upon the payment of an agricultural conversion mitigation
fee. This fee implements Public Resources Code Sex. 30171.5. Unconverted agricultural .
land may be used for purposes specified in the Carlsbad E-A zone, CMC, 21.07, or the
Coastal Agricultural zone if adopted pursuant to the "Mello II" segment of the Carlsbad LCP
as amended.
Anricultural Conversion Mitigation Fee:
Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural
conversion fee which shdl mitigate the loss of agricultural resources by preserving or
enhancing other important coastal resources. The amount of the fee shall be determined by
the City Council at the time it considers the proposal for development and shall reflect the per
acre cost of preserving prime agricultural land pursuant to Option 1 of the "Mello 11" portion
of the Carlsbad LCP, as amended, but shall not be less than $5,OOO nor more than $10,000
per acre. All mitigation fees collected under this section &ail be deposited in the State
Coastal Conservancy Fund and shall be expended by the State Coastal Conservancy in the
following order of priority:
1) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon;
2) Development of an interpretive center at Buena Vista Lagoon;
3) Restoration of beaches managed for public use in the coastal zone in the City of
Carlsbad;
4) Purchase of agricultural lands for continued agricultural production within the
Carlsbad Coastal Zone as determined by the Carlsbad City Council;
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5) Agricultural improvements which will aid' in continuation of agricultural production
within the Carisbad Coastal Zone, as determined by the Carlsbad City Council.
Note: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia
Shores"Master Plan was set with the approval of the Batiquitos Lagoon Educational
Park Master Plan at $S,m per acre.
C. GRADING AND EROSION CONTROL
D.
Because the area is located close to environmentally sensitive habitats, development shall
conform to the following grading and erosion standards:
1. Drainage and runoff shall be controlled so as not to exceed at any time the rate
associated with property in its present state, and appropriate measures shall be taken on and/or off site to prevent siltation of lagoons and other environmentally sensitive areas.
2. Grading activity shall be prohibited during the rainy season from Oaober 1st to April
' ' 1st of any year. Grading during this period may occur with the approval of both the City Engineer and the California Coastal Commission.
3. All graded areas shall be hydroseeded prior to October 1st with either temporary or .
permanent materials. Landscaping shall be maintained and replanted if not
established by December 1st.
4. Grading plans shall indicate staking or fencing of open space areas during construction
and shall specifically prohibit running or parking earth-moving equipment, stockpiling
or earthwork material, or other disturbance within the open space areas.
5. Any necessary temporary or permanent erosion control devices required for the
development of a specific planning area, such as desilting basins, shall be developed
and installed prior to any on, or off, site grading activities within the specific
planning area requiring the mitigation, or, concurrent with the grading, provided all
devices required €or that planning area are installed and operating prior to October lst,
and installation is assured through bonding cor other acceptable means.
6. The developer must provide for the long-term maintenance of drainage improvements
and erosion control devices.
Note: The Poinsettia Shores Master Plan provides additional specific standards which relate
to grading- see standards for individual planning areas and the Master Plan Grading
and Earthwork Chapter.
LANDSCAPING
, In order to guqd against 'introduction of any species which are inherently noxious to, or
incompatible with, the adjacent lagoon habitat, drought tolerant plants and native vegetation
shall be used to the maximum extent feasible.
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Landscaping adjacent to structures should provide an effective screen of urban development.
Note: The Poinsettia Shores Master Plan provides additional specific standards which relate
to landscaping - see standards for individual planning areas and the Master Plan Theme
Elements Chapter.
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E. ENVIRONMENTALLY SENSITIVE HABITATS
The environmentalIy sensitive habitats located on the affected area (Le. woodlm& and bluff
slopes) shall be preserved as open space.
These sensitive areas are protected from any significant disruption through fee dedication of
wetland areas and recordation of open space easements. The dedication of the designated
wetland areas has been completed and accepted by the California Coastal Conservancy.
Recordation' of several open space easements has occurred with the existing development along
the bluff top in the area identified as Planning Area J. Recordation of additional open space
easements along the bluff shall occur upon recordation of the final maps for Planning Areas
A-3 and A4 Furthermore, development on the bluff tops shall maintain setbacks as
identified in the Poinsettia Shore Master Plan from the bluff .edges to prevent possible impacts
on adjacent environmentally sensitive habitats.
Any future restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent
with a Batiquitos Lagoon Enhancement Plan. The Batiquitos Lagoon Enhancement Plan has
been adopted by the City of Carlsbad and certified by the California Coastal Commission.
This plan is currently included as an attachment to the Carlsbad Local Coastal Program. Any
other lagoon enhancement plans must also be approved by the City of Carlsbad and certified
by the California Coastal Commission in conformance with the California Coastal Act.
F. PUBLIC ACCESS
A pedestrian walkway shall be provided along the western portion of areas G and H from
approximately Avenida Encinas on the north to the San Marcos Creek Bridge on the south.
The walkway shall be permanently open to use by the public.
Lagoon accessways, bluff top accessways or equivalent overiook areas, and a bike
path/pedestrian walkway, shall be provided if agricultural land on the north shore of Batiquitos
Lagoon is developed. Each planning area containing a segment of the trail shall be conditioned
to require construction and maintenance of that portion of the trail within the planning are,
unless othenvise specified in the Batiquitos 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.
The public facilities and improvements specified by the Poinsettia Shores Master Plan shall be
provided by the developer - see the Public Facilities and Open Space Chapters of the Master
Plan.
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G. ARCHAEOLOGY
A program of preservation and/or impact mitigation regarding archaeological sites located on
the affected area shall be completed prior to any development. -
, H. STATE LANDS COMMISSION REVIEW
Prior to issuance of a coastal development permit, the permittee shall obtain a written determination from the State Lands Commission that:
1. No State Lands are involved in the development, or 2. State Lands are involved in the development and all permits required by the State
Lands Commission have been obtained, or
3. State Lands may be involved in the development, but pending a final determination an
agreement has been made with the State Lands Commission for the project to proceed
without prejudice to that determination.
I. MASTER PLAN APPROVAL
The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. - - is approved as the Implementing Ordinance for this Local Coastal Land Use Plan. Upon
certification by the Executive Director, this portion of the CarLbad Local Coastal Program
shall be deemed certified.
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LCP Amendment Boundary mmmmmmmummmumm
Map B REV. OCTOBER 20,
Map 6 REV. OCTOBER 20, 1