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Home My WebLink About1994-01-04; City Council; 12525; Poinsettia Shoresc”TY OF CARLSBAD - AGPDA BILL AB # w T’TLE:POINSEITIA SHORES - GPA 91-OS/ MTG. l/4/94 MP-175(D)/LCPA 91-02/WMP 87-09(A) DEPT. PLN RECOMMENDED ACTION: Both the Planning Commission and staff are recommending that the City Council direct the City Attorney to prepare documents APPROVING the Mitigated Negative Declaration, MP 175(D), GPA 91-05, LCPA 91-02, and LFMP 87-09(A) as recommended for approval by the Planning Commission, and INTRODUCE Ordinance No. m, APPROVING MP 175(D). ITEM FXPLANATION * On October 20 and November 3, 1993, the Planning Commission conducted public hearings and recommended approval of the Poinsettia Shores Master Plan (5-2 vote), located in the southwest quadrant of the City, north of Batiquitos Lagoon, west of the I-5 freeway and east of Carlsbad Blvd, in Local Facilities Management Zone 9. The Planning Commissioners voting no on the project had concerns relating to development along the bluff top and the proposed arrangement for providing recreational facilities for the on-site affordable housing planning area. A number of public comments were also received with the main issues relating to drainage and circulation improvements for the Ponto area. Please refer to the attached minutes of the hearings for further details on issues raised and staffs response. The subject property was approved with the Batiquitos Lagoon Educational Park (BLEP) Master Plan by the City Council in the mid-f980’s. The approval centered around a educational institution and related land uses. An amendment to the master plan in 1989 specified that if no educational uses were to be developed on the site then the educational and related land uses would be changed to residential land uses at the allowed density remaining from BLEP (which is 451 units). The proposed Poinsettia Shores master plan amendment is consistent with the City Council action of 1989, and is a less intensive development plan than BLEP with regards to grading, environmental and facilities impacts and proposed land uses. The east side of the master plan will be the residential area and the west side will retain the BLEP allowed travel-service commercial uses and establish a planning area for future planning efforts. All public facilities requirements will be dictated by the Zone 9 Local Facilities Management Plan including the construction of the Avenida Encinas alignment through the property with the first development within the master plan. The BLEP project had a certified EIR completed (EIR 84-03) which identified and mitigated environmental impacts. Since this project represents less impacts on the environment and required facilities, updated noise and traffic studies were used to form the basis of a Mitigated Negative Declaration which established a Mitigation Program that will be implemented by the master plan. The master plan itself will guide the development of individual planning areas. The master plan is currently developed with 75 single family lots associated with the Rosalina subdivision as allowed by BLEP. Poinsettia Shores will be pursuing 451 dwelling units in addition to a density bonus to satisfy the master plan’s inclusionary affordable housing requirement. A detailed project description is contained in the attached Staff Report. PAGE 2 OF AGENDA BILL NO. ks'c%s , - Subsequent to the Planning Commission action, staff realized the need to clarify the building height provisions for the two planning areas ("G" and "HB1) that have Commercial-Tourist (C-T) allowed uses and development standards. The master plan text will state that building height regulations for planning areas r,GW and llHll will be consistent with the C-T zone. A Mitigated Negative Declaration was processed addressing all necessary discretionary approvals needed to develop the project. The project's environmental review was found by staff and the Planning Commission to have been prepared in compliance with State and City environmental regulations. FISCAL IMPACT The action before the Council will have no direct fiscal impact on the City. The ultimate development of the Poinsettia Shores Master Plan will have a variety of fiscal impacts on the City including additional costs and revenues. No determination of the specific costs and benefits has been made at this time. GROWTH MANAWMENT STATUS h PAGE 3 OF AGENDA BILL NO. /a,s;a I EXHIBITS 1. Location Map 2. Ordinance No. fl,'%,!&kb W 175(B)) 3. Planning Commission Resolution No. 3551, 3552, 3553, 3554, and 3555 4. Errata Sheets No. 1, 2 & 3, dated October 18 & 20, and November 3, 1993 5. Planning Commission Staff Report, dated November 3, 1993 6. Excerpts of Planning Commission Minutes, dated October 20 and November 3, 1993 7. Poinsettia Shores Master Plan text (previou@ ~isaibzue& LOCATION MAP City of bbad \ k \ \ LAGOON, i--\ \_ 1 POINSETTIA SHORES MASTER PLAN JANUARY 4, 1994 TO: CITY COUNCIL MEMBERS FROM: Associate Planner, Eric Munoz EM SUBJECT: POINSETIIA SHORES MASTER PLAN MP 175(D) - ORDINANCE/ MASTER PLAN TEXT CHANGES 1. The following change is made to the Ordinance approving the proposed master plan amendment: A new condition addressing school facilities will be added to Section II of Ordinance No. NS-266 to read as follows; “SECTION 11: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 3552 shall also constitute the findings and conditions of the City Council with the addition of the following condition: “Prior to the approval of any final map or the issuance of any permits within the Poinsettia Shores Master Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law for legislative acts. If the mitigation involves a financing scheme such as a Mello- Roos Community Facilities District which is inconsistent with the City’s Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. At a minimum, the project CC&R’s shall require maximum disclosure and signed statements for disclosures upon transfer of residential property.” 2. The school facilities wording outlined above will also be inserted into the Poinsettia Shores Master Plan text at the end of the Public Facilities chapter. ERIC N. MUNOZ ENM:vd MP175D.mem - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. M-266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE POINSETTIA SHORES MASTER PIAN AMENDMENT LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 9 CASE NAME: POINSETTIA SHORES CASE NO: MP 175(D) WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Master Plan Amendment for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the Poinsettia Shores Master Plan Amendment, MP 175(D), dated October 20, 1993, on file in the Planning Department and incorporated by reference herein, is approved. The Master Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 3552 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1993, and thereafter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (=W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3551 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT AND LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT TO CHANGE THE LAND USES ASSOCIATED WITH THE FORMER BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN FROM RM, RMH, RC, P, N, TS/C AND OS TO RM, NRR, TS/C AND OS GENERAL PLAN DESIGNATIONS IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES MASTER PLAN CASE NO: MP 175(D)/GPA 9l-OS/LCPA 91-02/LFMP 87-09(A‘1 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 by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) . . . . . . . . That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND”, dated August 12, 1993, and “PII”, dated July 26, 1993, attached hereto and made a part hereof, based on the following findings and subject to the following condition: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. . . . . . . . . The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment since a full environmental review of the master plan property was certified (EIR 84-3) with more intensive educational and related land uses than the residential uses being proposed with this amendment. All sensitive lagoon slopes, habitat and wetland areas associated with the project’s open space have already been dedicated in fee title to the State of California. No other significant environmental features are associated with the site which at one time supported agricultural uses but is now vacant undeveloped land with the exception of the Rosalina subdivision. The site has been previously graded and contains no sensitive animal or plant species with the exception of permanently protected master plan open space areas associated with the lagoon environment (approximately 35 acres). The previously graded portion of the site contains the existing alignment of Windrose Circle and the Rosalina neighborhood. The rest of the master plan area is mostly flat vacant land that was disturbed in the past through agricultural uses. The existing and proposed streets are adequate in size to handle the anticipated traffic of approximately 12,300 Average Daily Trips (ADT). This amount of traffic is less than the approximately 26,500 ADT approved with the former BLEP master plan on the site. The alignment and configuration of the master plan circulation system meets all City standards and will allow the orderly and functional development of the master plan property. There are no sensitive resources located onsite or located so as to be significantly impacted by the development and implementation of the master plan. The project has been and will continue to be designed and conditioned to eliminate any potential environmental impacts associated from the proposed development adjacent to the Batiquitos Lagoon. The proposed master plan amendment will have no environmental impacts to, or hinder the implementation of, the approved Batiquitos Lagoon Enhancement Plan. All environmental impacts identified in EIR 84-3 that required mitigation have either completed the mitigation process or will be mitigated through the implementation of this mitigated negative declaration as a follow up to the master plan property’s original environmental review. As outlined in the attached mitigation monitoring program, these impacts involve archeological, paleontological and visual/aesthetic resources and compliance with residential noise impact standards. PC RESO NO. 3551 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2: 24 25 28 27 28 Condition: 1. The Environmental Mitigation Monitoring Checklist, attached as Appendix P to the Environmental Impact Assessment Part II with this Mitigated Negative Declaration shall be referred to for all environmental conditions, mitigation and monitoring measures applicable to the development of the Poinsettia Shores Master Plan per master plan amendment MP 175(D) . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, 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: ABSTAIN: None. None. ATTEST: - MICHAEL J. HOLZMILER PLANNING DIRECTOR PC RESO NO. 3551 -3- BAILEY NOmE, Chairperson CARLSBAD PLANNING COMMISSION . IW-ITGATEDNEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: A 162 acre PC (Planned-Community) zoned, Master Plan property on the north side of Batiquitos Lagoon, west of I-5, east of Carlsbad Boulevard and south of the Lakeshore Gardens Mobile Home Park in the southwest quadrant of the City. PROJECT DESCIUPTION: A Master Plan Amendment, General Plan Amendment, Local Facilities Management Plan Amendment, and Local Coastal Program Amendment to change the land uses associated with the former Batiquitos Lagoon Educational Park Master Plan from RM, RMH, RC, P, N, TSK, and OS to BM, RH, NRR, TWC, and OS, General Plan designations. The Master Plan Amendment will guide the development of individual planning areas. The City of Carlsbad has conducted an environmental review of tpe above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental protection Ordinance of the City of Carl&ad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Deparamnt. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Q&bad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Dep artmmt at (619) 438-1161, extension 4441. DATED: AUGUST12,1993 CASENO: MP 175(D)/GPA9l-W LFMP 8749(A)/LCPA 91-02 CASE NAME: POINSETITA SHORES MASTER PLAN PUBLISHDATE:AUGUST12,1993 . MKHAELJ.HOL%fILLER Planning Director ENM:lra . BACKGROUND oNh’f!%TAL IMPACT ASSESSMENT FOfWJ - PART [I (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. MP 17S(D)/GPA 91-OS/LFMP 87-09(AJ/LCPA91-02 DATE: JULY26,i993 1. CASE NAME: Poinsettia Shores Master Plan 2. APPLICANT: Kaiza Poinsettia CorPoration 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7220 Avenida Encinas. Suite 200 Carlsbad. CA 92008 (619)931-9100 4. DATE EIA FORM PART 1 SUBMITTED: Julv 6.1993 5. PROJECT DESCRIPTION: A Master Plan Amendment. General Plan Amendment. Local Facilities Management Plan Amendment. and Local Coastal Program Amendment to change the land uses associated with the former Batiauitos Lagoon Educational Park Master Plan from RM. RMH. RC, P. N. TS/C and OS to RM. RH. NRR TS/C and OS on a 162 acre master plan as shown on the attached exhibits. The master plan amendment will establish land use rezulations for the site and guide the develonment of individual planninn areas. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 reqrires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that mi&t be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant efkt on the envkonrnent. On the checklist, “NO” will be checked to indicate this determination. l An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a &nificang effect on the environment. The project may quaI@ for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insiaaificanf. These iWings are shown in the checklist under the headings “YES-s@” and YES-in&’ respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION . Particular attention should be given to discussing mitigation for impacts which would otherwke be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECI-LY OR INDIRECTLY: YES YES (Sk) (ins@ 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the sire? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ’ ’ 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? a. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy3 11. Alter a significant archeological, paleontological or historical site, structure or object? , NO X x X X X X X X C BIOLOGICAL ENVmg+mmu-r WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY: YES YES big) (ins@) 12. 13. 14. 15. 16. Mfect the diversity of species, habitat or numbers of any species of plants (in+xl.ing trees, shrubs, grass, microflora and aquatic plants)? Intioduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? NO x x - x HUMANENVIRONMENT WILL THE PROPOSAL DIRECIZY OR INDIRECI=L,Y: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fke, anergency or other public services? Wgl (in&I X X X NO X -3- HuMANENvIRoNMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. big1 <insi@ Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? J- - Increase existing noise levels? X Produce new light or glare? x Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? X Substantially alter the density of the human population of an area? X Affect existing housing, or create a demand for additional housing? X Generate substantial additional traflk? X Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedesrrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? 4 . MANDATORY FINDINGS OF SIGNIFICANT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES 33. 34. 35. 36. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. bigI (insig) Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) Does the project have the possible environmental effects which ate in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incranental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other cumnt projects, and the effects of probable future projects.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? NO X X X X -5- DtSCUSSION OF ENVIRONMENTAJ, EVALUATION This project inVOh?S the amendment Of the fOl7TW Batiquitos Lagoon Educational Park (BLEp) Master Plan for property as shown on the attached location map. The land uses allowed under BLEP centered around a university/educational use with supporting and related land uses. The current master plan amendment (MP 175-D) proposes to rename the project to the Poinsettia Shores Master Plan and to replace the educational uses with residential uses. The master plan has a total of 451 dwelling units left to develop which the applicant will pursue in combination with a State allowed 25% density bonus to assist with affordable housing compliance. Also being processed with the master plan amendment is a General Plan amendment (GPA 91-05) and a Local Coastal Program Amendment (LCPA 91-02) to implement the proposed changes to the master plan. A Local Facilities Management Plan Amendment will also be processed to reflect the land use changes within the Zone 9 Local Facilities Management Zone. The site is currently vacant with the exception of the Rosaiena single family neighborhood. With the approval of BLEP (October 22,1985), an environmental impact report was certified (EIR 84-3) for the master Plan property. All environmental impacts associated with BLBP have been identified and mitigation measures are in place where appropriate. The amended master plan will involve land uses of lesser intensity than the previously approved educational park with less traffic and public facilities impacts. The applicant’s Environmental Impact Assessment Part I included traffic, noise and geoiechnicai studies. This Mitigated Negative Declaration incorporates analysis from the cereified EIR and will outline the necessary mitigation on a master plan level to offset archaeology, paleontology, visual resources, and noise impacts. PHYSICAL ENVIRONMENT 1. As documented in EIR 84-03 and the applicants geotechnical report dated June 4, 1986 by Woodward-Clyde Consultants, the site is not located near any active faults and no geologic conditions exist that would constrain the development of the master plan property or increase the exposure of people or property to geologic hazards. 2. The master plan property is mostly flat except for the lagoon bluff areas which will not be altered through project grading. An existing manufactured slope on the eastern edge of the master plan site will be cut to provide Cll for the roadway and bridge embankments supporting Avenida Encinas. Otherwise, no appreciable change to the area’s topography will occur and EIR 84-3 did not identify any unique physical features. 3. At the master plan level as well as tentative map/planning area level, the project will be conditioned to comply with the City+ Grading Ordinance and standard landscaping and erosion control measures to prevent soil erosion onto the site as well as soil erosion offsite into Baliquitos Lagoon. 4. Development of the Poinsettia Shores Master Plan will not a&et the natural sand movement patterns of the nearby coastal littoral area. No changes will occur to the &an&s of any streams or the Batiquitos Lagoon. The project will be required to maintain existit@constnrct new drainage facilities as needed to prevent any impacts to Batiquitos Lagoon. 5. 6. 7. 8. 9. 10. 11. . The primary impacts to air quahty will result from automobile and truck emissions EIR 84-3 stated that the increase in air pollution emissions should be considered insignificant. In addition the master plan’s proposed land uses and associated average daily trips (ADT) will be reduced from approximately 26,500 ADT (associated with the current BLEP master plan) to 12,300 ,QT (associated with the amended Poinsettia Shores master plan). This will reduce impacts to & quality compared to the BLEP master plan. Approval of this master plan and the development of individual planning areas will not impact or substantially change air movements, odor, moisture or temperature. Standard grading conditions and procedures will minimise dust impacts during grading and construction phases. The project will not change the course or flow of marine, lagoon or flood waters. The master plan will be conditioned to maintain existing/construct new drainage facilities to remove pollutants from storm water and prevent undesired drainage from flowing into the Batiquitos Lagoon drainage basin. Standard grading, erosion control and landscaping per the City+ Landscape Manual will control m-off and prevent pollutants in run-off from reaching the Batiquitos Lagoon. These standard measures will prevent any impacts to the quantity or quality of lagoon water, surface water, ground water or public water supplies. EIR 84-3 documented the lack of any natural resources on the master plan property. Fuel and energy will be used during the grading and construction phases of this project in the form of gasoline and fuel. EIR 84-3 stated that BLEP could be adequately sen& by SDG&E for its natural gas and electrical needs. Since the Poinsettia Shores project is less intense than the BLEP project, this project’s demands on fuel and energy are not significant. t EIR 84-3 identified four archeological sites within the master plan property; three were detetmined to be significant. Follow up data recovery efforts were carried out by archeologist Brian Smith and summarized in the report, ‘The Archeological Excavations of Cuhural Resources at Sites W-84, W- 88, W-95, W-97 and W-2251” incorporated herein by reference and on file in the Planning Department. One of the sites had human remainswhichhavesincebtenreinterredinanopen space area within the master plan with the coordination and direction of a qualified Archeologist and Native American Coordinator. This was done in compliance with the mitigation measures of EIR 84-3. As concluded in the above referenced report, the sites are no longer considered signilicant. Further mitigation at this point involves the retention of an archeologist for pre- grading conferences and monitoring during grading operations where cultural sites are located. Paleontological resources also may be present on-site. Adherence .to the City’s standard paleontological mitigation program will be required in conjunction with grading of the site. 12/13. The majority of the project area (including all of the developable area of the property) is cumntly vacant and undeveloped. Previously, the site had been used for agriculture so there is no habitat value on the master plan property except for the lagoon, bluffr and wetland areas which wiJl be preserved in permanent open space. Therefore, there will be no impacts to sensitive plant species and no barriers to the normal replenishment of existing plant species will be created. Project landscaping will be the only plants introduced into the area. 14. The master plan property has been used for agticultural purposes in the past, however, no land within the master plan property is currently being used for agriculture. Furthermore, EIR 84-3 states that none of the soils on the site are considered “prime” agricultural lands per the Williamson Act definition. X/16. Since the project area is primarily vacant and undeveloped, there is minimum habitat value for animal species in the area. -The exception would be the animal biodiversity associated with the lagoon and adjacent wetland areas which will remain open space so that there will be no impacts to the habitats or diversity of sensitive animal species or their natural patterns of movements or ITligMiOIlS. The biological resources of the lagoon will not be impacted by the development of the master plan’s property. Domesticated animals in the form of household pets will likely be introduced into the area by future residents; however, this will not significantly impact the lagoon area’s habitat or animal species diversity. HUMAN ENVIRONMENT 17. The land uses currently allowed on the site are outlined in BLEP and center around a university/educational use with supporting residential, office and commercial uses. The proposed master plan amendment specifically seeks to alter the allowed uses on the east side to all residential (spreading the master plan’s remainin g allowed residential dwelling units) and leaving the west side with the currently allowed uses with the exception of the area north of Avenida Encinas which is proposed to go from a neighborhood commercial designation to an unplanned area designation, subject to future planning efforts. The propose@ land uses are more compatible with existing/allowed adjacent land uses than the land uses contained in BLEP. Since the area is zoned Planned Community (PC) and requires master planning, the proposed land use changes associated with the current master plan amendment (and corresponding General Plan amendment) do not constitute a significant impact to the planned land uses of the area. 18. The BLEP master plan did not substantially affect public utilities, schools, police, Ere, emetgency or other public services. The proposed master plan amendment will also not affect any public facilities or services since the intensity, traffic generation and demand on public facilities/se&es will be less than cut~~~tly allowed. All perfotmance standards and public improvement/inkastcture requirements of the amended Zone 9 Local Facilities Management Plan will be met and maintained in compliance with the City’s Growth Management Program. 19. No new or modified solid waste or hazardous waste control systems will be required from the development of this master plan area. Overall sewer requirements will decrease from approximately 252,000 gallons per day (BLEP) to 151,140 gallons per day (Poinsettia Shores). The master plan will be conditioned to provide a sewer pump station for the east side of the master plan necessary to seryice the master plan area. The west side may be required to provide a sewer pump station during detailed planning and development efforts for the west side in the future. -8- 20. Appr&& of the master plan amendment and development of individual planning areas d nor substantially increase noise levels beyond the short term grading and construction noise impacts. The project area is impacted by noise from the t-S freeway and the railroad right of way. Mitigation for the master plan amendment will include the requirement that residential planning areas have detailed noise studies done at the tentative map/PUD level to assure compliance with the City’s noise policy. 21. ‘Through the sire design and conditions of approval for individual planning areas, no light or glare will be permk-2 to be directed offsite of the master plan property. Lighting within planning areas will be low intensity and shielded from upward reflections. New light will not be a significant impact. 22. The grading and constnxtion proposed for the master, plan area will not involve the application, use or disposal of hazardous materials or substances. 23. The allowed density associated with this project is contained in BLEP which essentially allows a total of 4~1 new dwelling units to be built on the master plan property. This density is consistent not only with BLEP ,but with the Gitys Growth Management Program and the Zone 9 Local Facilities Management Plan (LFMP). While the applicant will be pursuing a State allowed 25% density bonus in conjunction with affordable housing units, the overall proposed density can be physically accommodated onsite and will not constitute a substantial altering of the area’s density. 24. The project proposes to construct housing units on the east side of the master plan The west side may create a need for housing in the area if the non-residential land uses for the west side are actualized. Overall, this project will supply housing units; not create a need for additional housing. 2s. The Poinsettia Shores project will generate less traffic than the+xnrently allowed BLEP project (approximately 26,500 ADT vs. 12,300 ADT) as documented in the applicant’s trafIic study by Urban Systems Associates, Inc. dated May 17,1993. A substantial increase in traf?ic will not result from the Poinsettia Shores project and all major roadways, through their alignment and classification, will be able to adquately me the master plan. 26. A large demand for new parking facilities will not be created by the Poinsettia Shores Master Plan. Each planning area and associated use will provide required parking per the code. 27. The proposed land uses’of Poinsettia Shores will impact road- and intersections more than the currently vacant land does, however, it will be less of an impact than BLEP. As mentioned, the planned circulation and roadway alignment system will be adquate to serve the area and be in compliance with the Zone 9 LFMP. 28. The master plan site is outside of the McClellan-Palomar Airport influence area so no impacts to or from air traffic will result. No waterborne traf& occurs in the vicinity and the operations of the railroad tight of way will not be impacted by the master plan or the planned railroad crossing bridge of Avenida En&as. -9- 29. me mta plan circulation system will include standard provisions for transportation systems acco~da&g vehicles with bicycle lanes and sidewalks for pedesaian movements so that there d be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. 30. The master plan’s circulation system, as well as individual planning areas’ circulation, will be’ reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. 31. The master plan has the potential to create a signif?cant visual impact through &e development of stnxtures near the lagoon environment. EIR 84-3 established certain developmem Stan&,& to act as visual mitigation to the impacts created by blufftop development. A 6-50 foot minimum structural setback from the blufftop was established and will be a minimum requirement for blufftop planning areas. A larger setback will be required through the master plan and planning area approval processes. To assist in reducing visual impacts to insignil?cance, EIR 84-3 specified a reduced building height limit for single story structures and a minimum percentage of single story units within a planning area. tn addition, specifications were outlined with regards to accessory structures and allowances for public access/trails within the blufftop setback area. EIR W-3 also required a buffer of at least 80 feet between the mobile home park to the north and any structures within the master plan. Part of the mitigation program associated with this environmental review and the master plan amendment will be the formulation of development standards designed to mitigate visual impacts. Standards will be established for each blufftop planning area with the master plan amendment approval. These standards will be similar, or more restrictive, to those items outlined in EIR 84-3 and will include: a minimum structural setback from the Lakeshore Gardens Mobile Home Park, a minimum structural blufftop setback, a reduced height limit for single story structures (based on the City’s -t height definition), a minimum percentage of single story snuctures per planning area, and provisions for public access/trails within blufftop setback areas. 32. No impacts to the quality or quantity of recreational oppo&nitia wih be created by the development of the Poinsettia Shores Master Plan. The master plan will, however, create recreational opportunities in the fotm of a recreational center with such amenities as a swimming pool, tennis courts and passive areas. In addition, the master plan will provide a public access lagoon blufftop trail along the project’s southern perimeter. -100 ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PRO.JECI’ SUCH AS: a> b) dl 8) a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed project, and g) no project alternative. The development of the master plan area will take place in at least two phases, The first phase will develop the east side of the master plan and the second phase will develop the west side. The east side development may occur in more than one phase. No site designs for individual planning areas are being approved with this master plan amendment. However, some development standards will be established for planning areas to guide the site designs of individual planning areas. The circulation and roadway design of Avenida Encinas is being established by this amendment and is the result of staffs review to ensure compliance with City2 standards as well as to ensure a master planning approach to the site. The proposed scale of development is in keeping with the allowed dwelling units available for the master plan property and is less intense in non-residential square footage and scale than the BLEP master plan. The area is zoned PC which requires a master plan Since a master plan exists, an amendment is the proper way to modify allowed land uses. The proposed res&ntial land uses are compatible and acceptable alternatives to the educational uses allowed under BLEP. Agricultural uses are not economically viable or desired by the current master plan property owner. The west side of the master plan is set up to be plamied in detail and developed at some futurr time. Near texm developments will focus on the east side’s residential pla@ng areas. C&&vably, alternate sites for the proposed land uses exist. However, the subject master plan property is capable of accommodating the proposed land uses and no s&&ant unmitigable environmental impacts will be created. The no project alternative would leave the site mostly vacant and undeveloped as ii currently is. The City and existing residents within the master plan are anticipating continued planning and development efforts on this property to remove the educational uses of BLEP. The no project alternative does not contain sign&ant environmental benefits. -110 . DETERMINATION (To Be Completed By The Planning Department) x On the basis of this initial evaluation: 1 find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIYE DECLARATION will be prepared. I find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 8-643 c -/LL2t Date Signature LIST MITIGATING MEA%= (IF APPLICAB~ Land Use/Visual ImDactg 1. The master plan amendment will establish a minimum structural setback from the existing mobile home park for all planning areas adjacent to it. This minimum setback shall be qual to, or greater than, the setback/bu&r outlined in EIR 84-03. 2. The Master Plan Amendment will establish development standards for the east side’s residential planning areas adjacent to the lagoon bluff top that will be similar to, or more restrictive, than those outlined in EIR H-03. These standards shall address: A. A minimum bluff top structuraI setback. B. Reduced single story height limitations. C. A minimum percentage of single story structures. D. Provisions for public access along the bluff top perimeter. -120 - 3. The Master Plan Amendment will establish development standards for the west side’s planning area adjacent to the lagoon bluff which will be similar to, or more restrictive, than those outlined in EIR 84-03. These standards shall address: A. A minimum blufftop stnxtural setback. B. Building height limitations. C. Provisions for public access along the bluff top perimeter. kchaeoloay The Master Plan Amendment will be conditioned to require a qualii?ed archaeologist to monitor 4 grading activities near or on the archaeological sites documented in EIR 84-03. Paleontology The Master Plan Amendment will be conditioned to require a qualified paleontologist to be involved with all grading operations and comply with the City’s standard paleontological mitigation program. Noisg The Master Plan Amendment will be conditioned to require residential planning areas to have detailed noise studies done and incorporated at the tentative map/PUD approval level to assure compliance with the City’s noise policy. MITIGATION MONITORING PROGRAM TABLE A’ITACHED -13- . . , *ue * -, Xe ro Niyolrhf, Proridont, Kaha Poinrrttia car: Saabluff A88ocfatar a California G4mrrf Partnorrhfp By: Xackett Managesmnt Corporation, a California Corporation, . ! B : 3 : 1 1 .’ ! I .I d APPENDIX P EFMRONMENTAL MITIGATION MONITORING CHECICUST Page L of L - I LOCATION MAP City of Chbd POINSETTIA SHORES MASTER PLAN ~‘c!f~~%f%N EXISTING GENERAL PLAN OcToeER 20,1993 POINSETTIA SHORES MASTER PLAN t3f?4i 9%OWLCPA 91-02 )fOTICB O? COUPLBTION *ail to: Starr Clearingham. lCO0 tenth Strut, Rm. 121, Sacramnto, CA 9SllC - 916/k&S-0613 sa m blau: I OQI pmiut Title: MP 175(DI/CPA 91-05/CFMP 87-09(A)/A 91-02 - PQ[NSETT[A Sm#g MASTER PLAY ~cad Ag-y: Citv of Crrlsbsd contact Puson: Eric Mmox Strut Address: 2075 Las Palnvr Drive Phw: (619N38-1161. ext. w1 City: CarLobad Zip: 92000 comty: sm Diego ____......_....~~.~.-...------..----.-......----..---.--..-....--.--.---.---~~~~~~.~.~~~~~.~~~.~.....~~~~~~~~~~~~~~~~~~~~~~~~~~ PROJECT LoUTlaW: cowtry: San Oieao City/Newest Conmity: m Crass Struts: Future intersection of Cultbad Routwmrd/Avcnidr Encinm Tots1 Awn: 162 Assessor's Parcel No. 216.420.79/216-140-17.18.19.25.27.29-3~ Soctim: w* Rm: Sam: Uithin 2 Miles: state nuy II): f-5 Y4ttrwys: Pacific Ocean end I)rtimitM LRM#~ Airports: ATLtr Railusys: schootr: ~--.-....-~..~....--_---11------.-----.-----...-...---.......----..-.-...-....-...-......--..-.....~..~.~....~~.~~...~..~..~.~~~~~~~ DoaJEWT TYPE CEQlr: YOP swlarmt/fl&~t EPA: = Esrly Con z EIR (Prior SW Ho.1 No1 Ih Or-: - Joint Oacrrmt Fins1 Docmt X Yq Dee = Draft EIR ' - Other Witiwtd Yea OK -Draft EIL 1 Other - FaIfI . . . . . . ..-...-....----.....-.-.---.---.....-...*..-...........--..*.---..--...-...............~........~.~..........~.~...-...-~- LoeAL mm TYPE Cenersl PLm Updste X Gmral Plan Amadmnt - SpscifiC Pln Rexon 2 Wastu Pln AlrnQlnt - Proron - knurtim - Cmral Plan EL-t Plumed Unit Dovdoplmt z fit0 Ptm = us. Pwwit Rsdov.1~ - Coasts1 Psmit - Canrrnity Ptm - Lud Dlvlslm (S&Wfvislm, x ottlu LCPA Pared Hap, Tract map, rtc.) .~~..~~~......~~....~....~..~.......~~.......--.....-....~-.....----.-.-.-..-............................~.......~..~.~~~~...~~~ DEVU- TYPE X Residontisl: Units 451. Act.8 M Office: sq. ft. Acres AtcII WQY-' -ustor Fscilitlr: tm MGD tamwcisl: Sq. Ft. - msG= -- frmaprtrtim: Typ, - Mining: Minral Inbrtrisl: sq. ft. Acres EW1QY-S -Pamr: G uatts Ebcstimsl - Uasto Trrrtamt: X Racerastiarul Trsvd ServfcrlC~cis~ r - Mrsrdar Ussw z ~Othsr:~Am-7sctsc I Ytms .~..~..........~~~.....................................................................................................----..... PRWECT ISOLIESOI~ IMDQIUEn X Aesthrtic/Vfsusl - Agricultutsl Lsd f load Pldvmodfn# - fQtat 1mvfitr nsmtd sdwols/wver8itir - saptic systw ustst Qulfty - Air Qwlity 1 caolqlc/kiric =--i=itv - ustst kgply/ - etaad ustot 7 Archseological/Histork~l x cosStsl Tom rrimrls 7 Orsinsgo/Abofption 4,Nccw J- soil Erosiw~tiaJGtdirl L Uotlmd/Ripstfm - Solid Mats Yildlifo Paqulstlavmming klrr. TQswNsrsrdpu x public sarvicos/Fwilitiss E ttsffic/Circu~rtian - GtQuth z EconaiclJob ~1uMAJss Inbcins - fires1 4, Rutat islv?stks - vegststial - Erulstive Effut - Othu .~~..~~~~..~~...~.~........~............................................--...~............~.-......~-~...~---~--~--------------- wsomt Ld thonmi ~l?lmtm This msstot plm propotty is currmtl~ vuatt axes@ for 7¶ 81~10 frily lots (70 kilt, 5 at). the K zam rwirss -tlr ptming. The cuttmt Lsd w haigwtion nflrt W sdcstfoml uas of tha forrr ktf~itas Lsgom Ldtcstimsl Pstk (SLEW Msstw Plm. This titer Plm Am6rrt uill tsplwo rbcstiaml ud trlstsd asa uith tridsntisl us@. Projrt Dsuriptial A Wutu Plm -t, Gsmtsl Plm Wt, larl tuilitiw Mmsgamt Plm bmnbnt, ud Local coatrl Proerr buuhnt to chsnaa the lti uses sssacistsd uith tha forrr GotiqJita ~mgoan Ebcstiaml Park tisstu Plm fta W, RHII, K, P, N, TWC, nd OS to Rw, RH, NRR, TUC, md OS Gsnorsl Plm dssigwtim. The Mostrt Plan hmnbnt uill wld~ the &vel,t of idivibrl plming stess. DILz Clostinghobw mill sss1~1 i&ntificatim Wfs for sll m ptojuts. If s SWI M sltwdy Uist8 for s projut (*-R- froll s Notice of Ptqtstlm or proviorr disft docunt) plsasa fill it in. Rovtssd octobu 1969 t 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3552 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR MASTER PLAN AMENDMENT TO THE FORMER BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN TO REPLACE EDUCATIONAL USES WITH RESIDENTIAL LAND USES AND BE RENAMED THE POINSETTIA SHORES MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON, WEST OF I-5 IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 9. CASE NAME: PGINSETTIA SHORES MASTER PLAN CASE NO: MP 175(D) WHEREAS, a verified application for certain property, to wit: All of Lots 1,2,3, & 4 of parcel map #13653 as filed in the Office of the County Recorder of San Diego County, January 31, 1985 with a portion of the west half of Section 33, Township 12 South, Range 4 West, S.B.B.M. in the City of Carlsbad, San Diego County has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; 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 by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to MP 175(D); and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 1 2 3 4 5 6 1 E s 1C 11 12 12 14 1: 16 17 1E 1s 2c 21 22 2: 24 25 26 27 28 A) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of MP 175(D), according to Exhibit “X”, dated October 20, 1993, based on the following findings and subject to the following conditions. Findinns: 1. 2. 3. 4. All necessary public improvements to implement Master Plan Amendment 175(D) have been provided or will be required as conditions of approval. The master plan will serve as the zoning ordinance for the proper&y. Where the plan varies from existing city regulations, specific policy statements are presented to clarify the intent and purpose of the proposed regulation. The proposed master plan amendment is consistent with the City’s General Plan as identified within the findings for GPA 91-05, Resolution No. 3553, hereby incorporated by reference. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvements program applicable to the subject property, because 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 vocal Facilities Management Plan (LFMP) for Zone 9 and the Zone 9 LIMP Amendment. Public facilities are required to be constructed as subsequent development in the master plan creates demand for additional facilities. The demand for public facilities and services will be less than the impacts created by the former Batiquitos Lagoon Educational Park Master Plan (BLEP), therefore, a shortfall or negative impact to public facilities will not result. A financing plan for the Zone 9 LFMP, to be approved by the City Council prior to the recordation of the first final map within the master plan, will outline the mechanisms for the financing of the required public facilities. The residential and open space portions of the community will constitute an environment of sustained desirability and stability that will be in harmony with, or provide compatible variety to, the character of the surrounding areas. The sites proposed for public facilities are adequate to serve the anticipated land uses and residential densities and appear acceptable to the public authorities having jurisdiction thereof. The master plan’s open space plan provides approximately 35 acres of natural open space within the master plan’s 162 total acres which provides for the protection of the biological habitat, steep slopes and wetland areas associated with the north shore of the Batiquitos Lagoon. Other areas will be maintained as open space for recreation purposes and for visual aesthetics. The open space areas maintain existing corridors for the migration of wildlife and PC RESO NO. 3552 -2- C 1 2 3 4 5 6 7 E 9 1c 11 12 12 14 15 1E l’i 1E 19 2c 23 2i 22 24 25 26 27 28 5. 6. 7. preserve hting natural habitat that buffers the developed and developable planning areas of the master plan as well as adjacent properties. In addition, a master plan trail system is proposed within some of the open space areas. On August 26,1993, this project was reviewed by the Open Space Advisory Committee and found to be consistent with the City’s Open Space and Conservation Resource Management Plan. The proposed travel service-commercia.l uses of the master plan will be appropriate in area, location and overall design to the purpose intended. The design and development standards established for these planning areas through the master plan are intended to create an environment of sustained desirability and stability. Such development will meet performance standards established by Title 21 of the Municipd Code, because approximately 12 acres is proposed to maintain a travel semice-commercial designation within the master plan. The planning areas with this designation are adequate in size and shape to develop with travel service- commercial uses. Before any master plan sites are developed with commercial land uses, a Site Development Plan (SDP) must be approved by the Planning Commission. This SDP would ensure that the proposed land use is compatible with and au asset to the surrounding neighborhood, and that all necessary public improvements are provided, including dedicated public rights-of-way, sidewalks, etc. No industrial land uses are proposed with the Poinsettia Shores Master Plan. Jn the case of recreational and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from the development, because the project’s private community recreational facility will be bordered on one side by a roadway (Avenida Encinas) and buffered otherwise from adjacent residential units. There is also an unplanned area (approximately 11 acres) within the master plan on the west side of the property north of the future Avenida E&inas aligmnent. Proposed as a Non-Residential Reserve, this planning area is intended to be an unplanned area and the subject of a future major master plan amendment. Specific land use and development proposals, as well as environmental review, public facilities assessments and local coastal program changes will be considered with the major master plan amendment. This provision is consistent with Section 21.38.070 of the Municipal Code which allow up to forty percent of a master plan’s total area to be reserved for future plann.ing efforts. The only remaining non-residential land use to be constructed in the master plan is the .9 acre recreational vehicle storage site located on the west side of the master plan (Plamring Area “I?) which will have adequate access and size to function properly. No institutional uses are proposed with this master plan amendment. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, because traffk studies have been completed for the project’s environmental review and the Local Facilities Management Plan Amendment for Zone 9. Compliance with the mitigation conditions required by PC RESO NO. 3552 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. . . . . . . . . . . . . these studies and plans would ensure that all circulation in~i-astructure is in place to serve the traffic demands generated by buildout of the Poinsettia Shores Master Ph which will generate substantially less traffic than the former BLEP master plan (26,500 ADT vs. 12,300 ADT). Any proposed commercial development (other than travel service-commercial uses) will be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed with any future major master plan ameudmeut to introduce commercial uses because this master plan amendment does not propose such uses at this time. In addition, pursuant to Section 21.38.060 (2)(B), a land use and public facility economic impact report has been submitted to, and accepted by, the City. The area surrounding the development is, or can be, planned and zoned in coordination and substantial compatibility with the proposed development, because the master plan area will be buffered from the existing Lakeshore Gardens Mobile Home Park to the north of the site and is bounded on the east by the I-5 freeway, the south by Batiquitos Lagoon and the west by Carlsbad Boulevard so that no conflicts in land use compatibility will be created adjacent to the master plan area. Appropriate measures are proposed to mitigate adverse environmental impacts as noted in the adopted mitigated negative declaration for the project. A certified environmental review of the property exists (EIR 84-3) and, in addition, the proposed master plan amendment will reduce the intensity of the allowed land use developments associated with BLEP. There will not be an increase to the projected population of the area, however, average daily trips will be reduced by more than half the traffic allowed by BLEP (26,500 ADT vs. 12,300 ADT). The proposed amendment of the master plan would not incorporate any new policies that would result in significant impacts to the environment or the Batiquitos Lagoon. Conditions of approval for the master plan amendment and any subsequent planning area development proposals will include the appropriate mitigation requirements of the project’s Mitigated Negative Declaration and Mitigation and Monitoring Program as attached to Planning Commission Resolution No. 3551. The proposed master plan amendment and associated laud use changes will be consistent with the West Batiquitos Lagoon Local Coastal Program (LCP) because this project will conditioned to complete the processing of a LCP Amendment (LCPA 91-02 is part of the eutitlement package) to reflect the land use changes made to the BLEP plan by Poinsettia Shores. In addition, prior to the issuance of a final map for each development/planning area within the master plan area, a Coastal Development Permit consistent with the West Batiquitos LCP must be obtained. PC RESO NO. 3552 -4- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I.7 18 19 20 21 22 23 24 25 26 27 28 Conditions: Planning Conditions: 1. All conditions of the Mitigated Negative Declaration, GPA 91-05, LCPA 91-02 and LFMP 87-09(A), contained in Resolution Nos. 3551, 3553, 3554 and 3555 are incorporated herein by reference. Refer to those documents for any conditions and mitigation measures applicable to the development of project. 2. Approval of the Poinsettia Shores Master Plan Amendment is based on compliance with the Mitigation and Monitoring Program, as attached to Planning Commission Resolution No. 3551 with the project’s n&&ted negative declaration. 3. Approval of development projects within the master plan area shall substantially conform with the text of the Poinsettia Shores Master Plan dated October 20, 1993, which outlines the allowed land uses, implementation and administration of the master plan as required by Chapter 21.38 of the Municipal Code. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, 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. ABSTAIN: None. Ai BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HaLZM%&ER Planning Director PC RESO NO. 3552 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3553 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WHICH REPLACES ALL EDUCATIONAL AND RELATED LAND USE DESIGNATIONS WITH RESIDENTIAL MEDIUM DENSITY AND OPEN SPACE DESIGNATIONS FOR THE EAST SIDE OF THE POINSETTIA SHORES MASTER PLAN AND REPLACES A NEIGHBORHOOD COMMERCIAL LAND USE DESIGNATION WITH A NON- RESIDENTIAL RESERVE DESIGNATION WHILE MAINTAINING THE EXISTING TRAVEL SERVICE- COMMERCIAL DESIGNATIONS ON THE MASTER PLAN’S WEST SIDE FOR PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON, WEST OF I-5 TN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 9. CASE NAME: POINSETTIA SHORES MASTER PLAN CASE NO: GPA 91-05 WHEREAS, a verified application for an amendment to the General Plan designations for certain property located, as shown on Exhibit GPA 91-05, dated October 20, 1993, attached and incorporated herein, has been filed with the Planning Commission; and WHEREAS, said verified application constitutes a request for amendment as provided in Title 21 of the Carlsbad Municipal Code; 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 by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of GPA 91-05, based on the following findings and subject to the following conditions. Findinns: 1. 2. 3. 4, 5. Goal “A” of the General Plan Iand Use Element encourages the preservation and enhancement of the environment, character, and image of the City as a desirable residential, beach and open space oriented community. The project produces a quality residential and open space orientation. Goal “F” of the General Plan Land Use Element suggests protecting and conserving natural resources, fragile ecological areas, unique natural assets and historically significant features of the community. Within the 35 acres of master plan open space, the fragile and unique natural assets of the Batiquitos Lagoon and adjacent coastal area have been preserved. Goal l-A.2 of the Open Space Element requests preservation and creation of an open space system of aesthetic value that will maintain community identity, achieve a sense of natural spaciousness, and provide visual relief in the Cityscape. The master plan’s open space areas, totalling approximately 35 out of the master plan’s 162 total acres, achieves this feeling of natural spaciousness and provides for significant visual relief to both the residents of the master plan, as well as users and visitors to the general area. Goal 2~4.2 of the Open Space Element is to assure that new development provides for the Open Space needs of their occupants. The Master Plan includes passive and active Open Space that exceeds the 15% standard required by the Local Facilities Management Plan and the Planned Community Ordinance. Approximately 21% of the master plan is open space and that amount will increase as discretionary en@lements are issued. Goal 3.A.2 of the Open Space Element is to protect and preserve visually attractive and/or significant natural areas. Through the use of the previously certified EIR for the site (EIR B4-3), and the master plan amendment’s mitigated negative declaration, the master plan has been able to identify and preserve these areas adjacent to the Batiquitos Lagoon in such a manner as to provide both private and public viewsheds and access. PC RESO NO. 3553 2 - - 1 2 3 4 E G E ‘i E s 1C 13 12 1: 14 1: l( 17 1E 1: 2c 21 2i 2: 24 2E 2e 27 2E 6. 7. 8. 9. 10. Goal 3-A-3 of the Open Space Element suggests preserving open space areas in as natural a state as possible. Approximately 35 acres of undisturbed natural lagoon habitat has already been dedicated in fee title to the State of California. Goal 4.A.2 requires the creation of natural and man-made links between open space areas. Through design review at the planning area level in combination with implementation of the master plan’s trail system, these linkages will be provided. The proposed Open Space area is equal to the area depicted on the Open Space and Conservation Map. Goal 2 of the Housing Element calls for new housing to be developed with a diversity of types, prices, tenures, densities and locations. This General Plan Amendment will allow the master plan to provide a diversity of housing types (detached single family, clustered single family and multi-family) while not exceeding the remaining allowed densities associated with the master plan to meet that goal. The Poinsettia Shores Master Plan provides for adequate facilities in conformance to the development requirements established in the Zone 9 LFMP and the Zone 9 LPMP Amendment being processed concurrently with this project, as required by Policy “A” of the General Plan Land Use Element which states that development should only be permitted after adequate provisions for public facilities have been provided. Conditions: Plamlinn: 1. All conditions of the Mitigated Negative Declaration, MP 175(D), LCPA 91-02 and LFMP 87-09(A) as contained in Planning Commission Resolution Nos. 3551,3552, 3554, and 3555, respectively, are incorporated herein by reference. Refer to those documents for all conditions and mitigation measures applicable to the development of the Poinsettia Shores Master Plan project site. 2. Approval of GPA 91-05 is granted subject to the approval of the Mitigated Negative Declaration, and the approvals of MP 175(D), LCPA 91-02 and LFMP 87- 09(A). . . . . . . . . PC RESO NO. 3553 1 2 3 4 5 c ‘i E S 1c 11 12 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary 81 Hall. Commissioners: Erwin & Welshons. None. None. & BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION Planning Director PC RESO NO. 3553 4 EXl$TlNG GENERAL PLAN IrlJ88f p : ;i ‘8 * /& ;,... 8 : 1 18 8 =% * 8 8= ,..i 8 ;a RM SC ;d&; j&i % 8 8% 1% ‘i, 10’ -/ 8D ati 3 f 0s 5,’ 8oa ‘----*m-m 8 *a mnQucI#- u L UcoaTAyll t POINSETTIA SHORES MASTER PLAN tam 9%OWLCPA 91-o: - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PUI'ININGCOMMISSION RFSOLUTION NO.3554 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDtNG APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND 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 in 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 by law to consider the proposed suggested modifications to the land use designations of the West Batiquitos segment of the City’s Local Coastal Program and the revised text of the 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 all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Plan Amendment. WHEREAS, State Coastal Guidelines require a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. 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: Findinm: 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: 1. Approval of LCPA 91-02 is subject to the approval of the project’s Mitigated Negative Declaration, GPA 91-05, LFMP 87-09(A) and MP 175(D). PC RESO NO. 3554 -2- - 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. ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 3554 -3- - LOCAL COmAL PROGRAM AMENDMENT WlW BATIQUITOS LAGOON SEGMENT OCI-OBER 20, 1993 LCPA 9142 - LOCAL COASTAL PROGRAM AMENDMINI WEST BATIQUITOS LAGOON SEGMENT This is an amendment to the West Batiquitos Lagoon Local Coastal Program within the City of C&bad’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 .Mater 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 1. 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 rightaf-way and develop this area with a variety of residential products in a gated community. Land uses west of the railroad right-of-way will remain substantially as previously approved. A. LAND USES The following are the proposed land use “Planning Arw”, 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 ara are subject to the provisions of the Poinsettia Shores Masta Plan as adopted by the’Carisbad City Council. No development inconsistent with the Master Plan shall be permitted. The Planning Areas identified below will replace the former planning a&as established by the BLEP Master Plan. See the attached map for the location of the Planning Areas described below. 1. Planning Arm A-l is located north of Avenida Encinas uear the inters&on of Avenida En&w and Wiirose Circle. It has a gross area of 9.8 acrea and a net developable arti of 8.4 acres. Planning Area A-l has a land use designation of RM and allows for the development of 41 single hmily detached residences @lus any density bonus units as provided in the Poinsatia Shorea Mastex plan). 2. PLANNING ABEA A 2 - Plan&g Area A-2 is located south of Avenida Encinas within the interior of the Circle formed by Wiit’oSe Circle. It has a gross area of 13.5 acres and a net developable area of 11 .O acres. Phnning Area A-2 has a land use designation of RM and allows for the development of 50 single-family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). 3. PLANNING Am% A-3 Planning Area A-3 is located west of Planning 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 @ius any density bonus units as provided in the Poinsettia Shores Master Plan). 4. PLANNING AREA A-4 Planning Area A-4 is located south of Planning Area A-3, east of the railroad rightof- way and adjacent to Batiquitos Lagoon. It has a gross plaaning area of 14.7 acres and a net developable area of 14.7 acres. Planning Area A4 has a laud use designation of RM and allows for the deveiopment of 62 single-family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). Planning Area A-4 is a lagoon bluff-top area which is subject to special development standards to address visual impacts to the lagoon. 5. PLANMNG Planning Area B-l is located no& of Avenida En&as 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-t 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). ne cluster single-family units are organ&d in groups of four air space ownership units located on common property owned by the homawners association. These units will share in comm~tl 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 area8 will also be provided for each home, within the common property. 2 This product type provides many of *he amenities found in standard single-family residential design including: no common walls between units, private reu yards, garages, and increasai privacy. The shared common propeny and shared driveway allow_for clustered placement of the units around a central driveway/courtyard. This effectively 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 NVO 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 fea 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. Planning 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 singie family product is discussed above under Planning Area B-l. 7. - 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 @has any density bonus units as provided in the Poinsettia Shores Master Plan). These may include carriage- type units with garage space below portions of ,me living area in each unit, located on property owned in axnmon. Planning Area D is located immediatdy east of the ATUP Railway right-of-way to the south of Lakeshore Gardens Mobile Home Park. Planning Area D has a gross area of 4.4 acru ad a net developable area of 4.0 acrea. Planning Area D is designated aa the A&tar Plan’s affordable housing site, u&u an offkite location is designated Wmgh m Afhdable Housing Agreement benveen the property owner and the City per the provisions of Chapter VII of this Master Plan. The Poinsettia Shorn Master Plan requires that 90 afWdable housing units be provided either on-site within Village D or of&its aa indicated in Chapter VII of the Master Plan. 3 Planning ,&a E is located east of and adjacent to the AT&SF Railway right+f-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 PutWng 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 tbe 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. &ANNlNG iQ&E Planning Area F ia located at the far northwest corna of the Master Plan area west of the AT&SF Railway right-of-way. This Planning Area has a gross area of 11.3 acres and a net developable area of 10.7 acres. Planning Area F carria a Non-Residential R-e (NRR) General Plan designation. Planning Area F is an ‘unplanned’ area, for bhich land uses will be determined at a 1uer~whda~spcciticpiurninOir~~aUrtfOt~w~oftherzilrod right-of-way. A fbture Major Master Plan Amendment will be required prior to further development approvals for Planning Area F, and may include a LCP Amendment with associated environmental review, if daamined necusary. ‘The Intent of the NRR designation is xx to limit the range of ~otex&l future used entirely to non-residential, howeve, since the City’s current general plan does not contain an ‘unplanned’ design&n, NRR was duaminai to be Ippropriate at this time. In the future, if the Loal Coastal Program Aalexhmha8mtbun processed, and the City develops an “unplanned” Gcnaol Plan designation, then thii site would likely be redesim-as “unplannai’. Future uses could include, but are not limited to: commercial, residential, office, and other uses, subject to future review and approval. 4 C Planning Area G is located west of the AT&SF Railway right-of-way, east of Carlsbad 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 zone 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 the share units provided that a subdivision map is recorded and the time share is processed under Section 21.42.010 of the Culsbad 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 afliliated with the hotel management group. This Planning Area provides tourist+onunercial serviced ami, 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 local scenic and recreation areas. In addition to the hotel/time 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 stationary storea, 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 slmiliu use3 are also allowed upon approval of the Dir-r 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 IU well as 58,600 square feet of commercial area. A qaximum of S8,600 square feet of tourist commercial floor area is permitted. Planning Area H is located immediately east of Carlsbd Boulevard between the Hotel tothet~~~&andmopenspaceafutothesouth. ThlsPlamiagAruhasagrossarea of 3.7 acres and a net developable area of 3.7 W. Pkming Area H ia a lagoon bluff-top aren with a land use desimn of ‘IS/C. This Plaaniq Area is subject to special development standards which addle visual imps& to the lagoon. 5 Planning Area H will include a hotel and confennce center with recreational facilities, administrative offices, banquet facilities and accessory retail uses as approved by the Planning Director. All development in Planning Area H shall conform to the standards of the C-T mne of be C&bad Municipal Code, Chapter 2 1.29. Permitt& uses within Planning Area H are those commonly found with full service hotel facilities to include, but not limited to, a conference center, swimming pool, tennis COUN, health club, dining facilities, and rcusory 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 include-s a 25,000 conference center is allowed within this Planning Area. 13. PLANNING AREaJ Open Space Area I is located north of Batiquitos Lagoon, west of the AT&SF Railway rightaf-way and east of Carlsbad Boulevard at the southwest comer of the Master Plan area. Planning Area I has a gross area 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 &ancement plan. No activities contrary to that plan shall be allowed. A desihing basin may be wnsuucted in the northwest portion of Open Space Area I. The mposed d&Ration basin site is outside the Batiquitos Lagoon Enhancement Plan’s impiementation area. ‘Dre City has reviewed a feasible design for the basin and suxm drain in the review of the former Batiquitos Lagoon Educational Park (BLEP) project. In addition, the specific implementation design of the Enhancement Play has accomed for the location of this desiltation basin. Planning Aru J ia located north of Batiquitos, uoon in the eastern portion of the Poinsettia Shorea Master Plan area. Planning Area J is the onIy portion of the Master Plan area that has been developed. There are currently 70 homes built with five lots remaining to be developed. Planning Area J hrs a gross area of 13.8 acres. This planning area has a land use designation of RM and allows for the development of 75 single-family detached units of which 70 units have already been built. 6 15. PLANNING A&&$J5 Planning Area K is located north of Batiquitos Lagoon, east of the AT&SF Railway right of way and West of kiterstate 5. Planning Area K has a gross area of 18.3 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. 16. PLANNING AREA L 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. &-INNING AB&&f This area shall be developed as a private Community Recreation Centa and will be located adjacent to Avenida Encinas between Planning Areas A-l and B-l. 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 owners within the Poinsettia Shores Master Plan area, exccp as outlined in the Poinseaia Shorea Master Plan within the development sta&uds of Planning Area M. THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNINGAREASWlTHINTHE POINSETTIA SHORES MASIER PLAN - THIS LCP AMENDMENT INCLUDES ADDITIONAL AREA TO THAT OF THE POINSEITIA SHORES MASTER PLAN. THE FOLLOWING LAND USE CATEGORY COVERS THOSE AREAS OUTSIDE THE POINSEITIA SHORES MASTER PLAN, BUT WlTHIN THIS AMENDMENT. 18. WEST BAnOUfidS Public Reaourcee Code Section 30233(c) ldentifI~ kiqultoa Lag&n as one of 19 priority woodlanda and limlo the types of m and acti* that may occur there. This area is Open Space (G-S) in order to preserve the fimctlon of the lagoon and the ’ immediately adjacent uplands as a viable wetlatxi ecosystem and habitat for resident and migratory wildlife. Uses shall be limited to actlvitlcr related to habitat 7 enhaWement, 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 (approximately 100 acres originally identified as non-prime, of which 60 remain.) Non-prime agricultural lands identified during the review of the Batiquitos La&on Educational Park 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 LagoonGammis Properties Local Coastal Program and the Batiquitos Lagoon Educational Park Master Plan. An agricultural conversion mitigation fee of $5,OOO/acre was set by the California Coastal Commission with LlpprOVd 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, 8200,000 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 auea of land may be convaed to urban usea 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 Sec. 30171.S. Unconverted agricultural . land may be used for purposes specified in the Carlsbad E-A u)ne, CMC, 21.07, or the Coastal Agricultural zone if adopted pursuant to the “Mello II* segment of the C&bad LCP as amended. Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural conversion fee which shatl mitigate the loss of agricultural resources by preserving or enhancing other imporraat coastal resources. The amount of the fee sh& 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 agriculturai land pursuant to Option 1 of the “Mel10 II” potion of the Carlsbad LCP, as amended, but shall not be less than SS,CKNI wr more thao $10,000 per acre. All miti@on feu collectai under this section shall be depositsd in the State Coastal Consuvancy Fd and shall be expended by the State Coastal Conservancy in the following, order of priority: 1) Rutoration of natural ruourcu and wildlife habitat in Batiquitos Lagoon; 2) Developma of an interpretive center at Buena Vista Lagoon; 3) Restoration of beaches managed tit public use in the coastal zone in the City of Carlsbad; 4) Purchase of agricultural lands for coatiawd agricultural produ@on within the Carlsbad Coastal Zone as daermined by the Carisbd City Council; 8 4 5). Agricultural improvements which will aid in continuation of agricultural production within the Carisbad Co~tal Zone, as determined by the Carlsbad City Council. Note: The fee for the remaining 60 acres of non-prime agricukud hnd within the Poinsettia Shore&Master Plan was set with the approval of the Batiquitos Lagoon Educational Park Master Pian at SS,m per acre. C. GRADING AND EROSION CONTROL Because the ares is located close to environmentally sensitive habitats, development shall conform to the following grading and erosion standards: 1. Drainage and nrnoff 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 October 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 aress 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 shail specifically prohibit running or parking earth-moving equipment, stockpiling or earthwork material, or other disturbances within the open space areas. 5. Any necessary temporary or permanent erosion control devices required for the development of a specific plsnning 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 for that planning area are installed and ope&ng prior to October lst, and ins&tion is assured through bonding or other accept&le means. 6. ‘The develw umst provide fbr the long-term m&ten&e of drainage improvements and erosion coarol devices. Note: The Poii Shores Master Plan provides additional specific stand&s which relate to grading- see standards for individual planning areas and the Master Plan Grading andEard¶workcbapter. D.- LANDSCAPING In order to gulp against introduction of any species which are i&erendy noxious to, or incompatible with, the adjacent lagoon habitat, drought tool- plants md native vegetation shall be used to the maximum extent fusible. 9 Landscaping adjacent to stnxtures should provide an effective screen of urban development. Note: Tbe 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. E. ENVTRONMENTALLY SENSITIVE HABITATS The environmentally sensitive habitats located on the affected area (i.e. woodlands 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. Recordatioa of additional open space easements along the bluff shall occur upon recordation of the fInal maps for Planning Ateas 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 currentiy 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 co&xmance with the California Coastal Act. F. PUBLIC ACCESS A pedestrian walhvay shall be provided along the western portion, of areas G and H from approximately Avenida Bncinas on the north to the San Marcos Creek Bridge on the south. The walkway sbaI1 be permanently open to USC by the public. Lagoon accessways, bluff top accessways or equivalea overlook areas, & a bike path/paiestrian wailwry, shall be provided if agticulturai land on the north shore of Batiquitos Lagoon is devhpad. Each pkming area containing a segment of the trail shall be conditioned to require construction atxi maintenance of that portion of the trail within the planning are, unless odmwise specifbd 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 mt adversely impact environmentally sensitive habitats. The public facilities and improvements specified by the Poilwaia Shores Master Plan shall be provided by the developer - see the Public Facilities and Open Space Chapters of the Master Plan. 10 G. ARCHAEOLOGY A program of preservation and/or impact mitigation regarding archasological sita 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. 2. 3. No State Lands are involved in the development, or State Lands are involved in the development and all permits required by the State Lands Commission have been obtained, or 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 Carisbad 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 Carlsbad Loc&Coastal Program shall be deemed certified. 11 I ; : /I ! \ :\, ‘\ ; 1 ; I i --Y-s, LCP Amondmont Boundrr l mmmmmmmmmmmmd 37 i REV. OCTOBER 20, 1993 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION’ NO. 3555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 9 ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON, WEST OF THE I-5 FREEWAY AND EAST OF CARLSBAD BOULEVARD WITHIN THE POINSETTIA SHORES MASTER PLAN. CASE NAME: POINSETTIA SHORES MASTER PLAN CASE NO: LFMP 87-09(A) WHEREAS, the City Council approved Resolution No. 8797 adopting the 1986 Citywide Facilities and Improvements Plan establishing facility zones and performance standards for public facilities, and WHEREAS, the City Council adopted Ordinance No. 9808 requiring the processing of a Local Facilities Management Plan, and WHEREAS, the City Council adopted Ordinance No. 8110 and No. 9829 implementing Proposition E approved on November 4, 1986 by the citizens of Carlsbad, and WHEREAS, on July 11,1989, the Carlsbad City Council adopted LFMP 87-09, and WHEREAS, the applicant and the City wish to amend the existing LFMP 87- 09 to reflect land use changes proposed by master plan amendment MP 175(D), and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of October, 1993, and the 3rd day of November, 1993, consider said request at duly noticed public hearings as prescribed by law; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to LFMP 87-09(A). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of LFMP 87-09(A), attached as Exhibit LFMP 87- 09(A) to this resolution and incorporated herein by reference, based on the following findings and subject to the following conditions: Finding: 1. The amendment to the Local Facilities Management Plan for Zone 9 is consistent with the Land ‘Use Element, the Public Facilities Element, and the other Elements contained in Carlsbad’s General Plan. 2. The amendment to the Local Facilities Management Plan for Zone 9 is consistent with Section 21.90 of the Carlsbad Municipal Code (Growth Management), and with the adopted Citywide Facilities and Improvements Plan. Together with the existing Zone 9 LFMP document, this LFMP amendment will describe the public facility and service requirements of the master plan. Conditions: 1. Approval of LFMP 87-09(A) is subject to the approval of the project’s Mitigated Negative Declaration, GPA 91-05, LCPA 91-02 and MP 175(D). 2. Prior to the issuance of any building permits or the recordation of any final map within the Poinsettia Shores Master Plan, a financing plan for Zone 9 consistent with the City’s Growth Management Ordinance, shall be approved by the City Council. PC RESO NO. 3555 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, 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. ABSTAIN: None- AlTEST: BAILEY NOBLK, Chairperson CARLSBAD PLANNING COMMISSION PLANNING DIRECTOR PC RESO NO. 3555 -3- ZONE 9 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT Prepared for: CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 Prepared by: HOFMAN PLANNING ASSOCIATES 2386 Faraday Avenue, Suite 120 Carlsbad, California 92008 (619) 43% 1465 September, 1993 TABLE OF CONTENTS 1. PRODUCTION ......................................... 2 A. CHANGES AFFECTING FACILITY DEMAND ................ 2 B. CHANGES AFFECTING FACILITY SUPPLY ................. 4 11. LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT ............. 8 A. CIRCULATION .................................... 19 September. I993 i Zone 9 LFMPlAl I. 1 INTRODUCTION The Zone 9 Local Fadities Management plan (LFMP) was originally adopted by the City Council on April 19, 1989. Since the adoption of the original 1989 LFMP a number of changes have occurred in the City that have affected the sizing and location of facilities identified in the original zone plan. The majority of these changes do not necessitate an amendment to the original zone plan, however, the circulation section does require a LFMPA based on preparation of a traffic report for the Poinsettia Shores Master Plan. This traffic report is the basis for preparation of a new LFMP Circulation section. The Circulation section will more accurately reflect the need for circulation facilities based on the revised land uses in the master plan. Although changes to the circulation conditions are the basis for this Zone 9 LFMPA, this introduction also provides a discussion of the changes to facility demand and supply that impact other facilities but do not trigger the need for amendments to the existing LFMPA. These changes to facility demand and supply are mainly due to the length of time that has passed since approval of the Zone 9 LFMP. An updated discussion of impacts to facilities based on these changes will assist in interpretation of the Poinsettia Shores Master Plan requirements based on Zone 9 LFMP conditions established in 1989. The Zone 9 LFMP Finance Plan will not be approved concurrent with approval of this LFMPA. As required by the growth management program, the Zone 9 LFMP Finance Plan will be prepared prior to recordation of a final map, issuance of a grading or building permit within the zone. A. CHANGES AFFECTING FACILITY DEMAND 1. New POD&QQJ G-on m t The 1990 Census figures for the City of Carlsbad indicate that the population generation rate has decreased from 2.471 to 2.3178 persons per dwelling unit, a decline of over six percent. his will cause a decrease in demand for all facilities which have standards based on population, especially when considered in conjunction with the reduction in the amount of dwelling units that have actually been built to date. This reduction will result in less demand for city administrative, library, and park facilities. . : 2. pkw~Scl&& The citywide residential phasing approved in the original 1989 Zone 9 LFMP assumed buildout of the zone in the year 1990. Since approval of the zone plan, development has not occurred within Zone 9 as projected. In addition, development in the immediate area of Zone 9, as well as throughout the City, September. 1993 1 Zone 9 LFMPfAI has been significantly less than projected and is expected to continue to be below previous projections in the near future. The slowdown is largely due to general economic conditions, changes in property ownerships/options and the growth management requirement to provide financial guarantees for large infrastructure improvements. Since the need for facilities in the 1989 LFMP was based on unrealired development schedules, the facilities projected to be provided concurrent with development have not been provided as projected. Therefore, the timing. of the provision of facilities required of development in Zone 9 will need to be revised based on conditions of the tentative maps for the area. It is estimated that development may commence in 1994195 with approximately 100 dwelling units provided per year until build out of the Master Plan area. 3. &uroval of Poinsettia Shores Master Plan iMPA 1751DQ Concurrent with this LFMPA, the Carlsbad Planning Commission and City Council will consider approving MPA 175(D), GPA 9 l-5 and LCPA 91-2. The General Plan Amendment will change the existing land use designations of RM, RMH, RC, P, N, TUC, and OS to RM, TSK, NRR and OS. The original Zone 9 LFMP projected a total of 910 dwelling units and 1,282,895 square feet of non-residential development. tiisting residential development consisted of 384 units within the Lake Shores Garden Mobile Home Park and 75 dwelling units located within the BLEP Master Plan area. Existing non-residential development included 190,695 square feet for the Poinsettia Village which is located outside of the BLEP Master Plan. All future development projected in the Zone 9 LFMP included 451 future dwelling units and 1,092,200 non-residential squarerfootage located within the boundaries of the Batiquitos Lagoon Educational Park (BLEP) Master Plan. The Poinsettia Shores Master Plan will supersede the BLEP Master Plan. The new master features nine residential villages, a community recreational area, a travel setice/commerciai area, and a recreational vehicle storage lot, as well as various open space areas. The new master plan reduces future non-residential development from the previously proposed 1,092,200 square feet to 178,680 square feet and 220 time&ares/hotel units. The Master Plan allows the same base number of dwelling units as the original BLEP Master Plan, however, it provides for an additional 113 housing units as allowed per the City of Carlsbad Density Bonus Ordinance. September, 1993 2 Zone 9 LFMPIAI - h The reduction in non-residential square footage more than compensates for the increased demand from the 113 density bonus units on sewer, water, drainage and circulation facilities. There will be a marginal increase in demand for population-driven public facilities from the additional affqrdable housing units. The increased demand, however, will be largely offset by the decrease to City demand for parks, administrative and library facilities due to the reduction in the population generation rate (2.471 to 2.3178) used to estimate demand for these facilities. The net increase in demand for City Administration, Library and Parks does not require any modification of the original conditions of approval identified in the previously approved Zone 9 LFMP. In addition to the planned uses, one area of the Poinsettia Shores Master Plan has been set aside as unplanned. The ultimate uses for this area will be detemined at a later date when more specific planning is carried out for areas west of the AT&SF railroad tracks. Prior to approval of specific development plans for the unplanned area, a Master Plan Amendment will be required. The Master Plan Amendment will determine whether the new land uses will impact public facilities identified in the Zone 9 LFMP and this LFMPA. B. CHANGES AFFECTING FACILITY SUPPLY AND FINANCING 1. . . . . . tv Facm Community Facilities District (CFD) No. 1 was formed in May of 1991. The district will generate approximately $109 million for required facilities throughout the City. The CFD will fund the following facilities: 0 A new library facility, a major addition to the existing library building, a City Hall complex and the addition of office and warehouse facilities at the public safety center. t 0 Park improvements for Veterans Memorial Park (Macario Canyon) l Majdr street improvements to Faraday Avenue, Cannon Road, La Costa Avenue, Olivenhain Road/Ranch0 Santa Fe Road and Leucadia Boulevard. a Major bridge and overpass facilities for the La Costa Avenue Interchange, Poinsettia Lane Interchange and the Palomar Airport Road Interchange. In the original Zone 9 LFMP, the financing of these facilities was attributed to the Public Facilities Fee (PFF) or Traffic Impact Fee (TIF) program. September. 1993 Zone 9 LFMPtAl .- 2. &vised Master Dr;ilnaee Master PIan On May 12, 1992, the Carlsbad City Council accepted the Drtzfi Master Drainage and Storm Wafer Quality Managemertr Plan dated April 1992 and author&d staff to solicit public comments. Since then, a revised document has been drafted dated February, 1993. It is expected to receive final approval in 1993. This Master Plan will replace the 1980 Master Drainage Plan which was in effect at the time of the original Zone 9 LFMP approval. There has been a fundamental shift in the focus from the 1980 Plan. The shift is from a program of purely flood control to a program of flood control and water quality enhancement as mandated by the Regional Water Quality Control Board to meet federal storm water quality regulations. The Revised Master Drainage Plan contains new facility requirements and fee recommendations which differ significantly from the 1980 Drainage Master Plan. 3. Adootion of New Potable Water h&ter Plan Since the adoption of the original Zone 9 LFMP, the Costa Real Municipal Water District Master Plan for Public Water System used for water facility analysis has been superseded by the Wirrer Master Plan CMWD Project No. 89-105 dated June 29, 1990 and revised December 10, 1990. The Master Plan will ensure consistency with the new Water Master Plan by updating the previously identified Zone 9 water facilities as necessary. 4. Adoption of Reclaimed Water Master Plan t The City of Carlsbad has also adopted a new reclaimed water master plan, Redaimed Wuer Muster Ph dated August 1990. Where appropriate, the Master, Plan will incorporate identified. reclaimed water facilities as identified in the new reclaimed water master plan. The park analysis contained in the original Zone 9 LFMP was based on the 1987 Parks Inventory that identified a total of 32 existing park acres. Since that time, a new inventory has been adopted identifying 57 acres of park land in the Southwest Quadrant. The recently approved Zone 20 LFMPAIFinance Plan reanalyzed the parks facilities in ihe southwest quadrant due to the changes to existing park acreage, residential phasing and the application of the new population generation rate. September, 1993 4 Zone 9 LFhW..l The Zone 20 LFMPA analysis shows sufficient existing and projected park ’ acreage through build out of the quadrant. Based on this analysis, the City has determined that the financial guarantee for park facilities in the southwest quadrant is payment of Park-in-lieu fees and that no additional dedication of park land is needed. Based on the Zone 20 analysis, the City has determined that the Zone 9 LFMP parks requirement has been satisfied through build out with the approval of the BLEP Master Plan Parks Agreement on August 26, 1986. The major provision of the Parks Agreement required payment of $l,OOO,OOO by the property owner to the City of Carlsbad . New School Location Plan The existing Zone 9 LFMP requires the deeding of an acceptable school site, if one is warranted within the zone. A new School Location Plan has been adopted by the Carlsbad Unified School District and incorporated into the City’s General Plan. The School Location Plan does not identify the need for a school site in Zone 9. Therefore, the Zone 9 school requirement is limited to payment of school fees. September, 1993 Zone 9 LFMWAI h Il. LOCAL FACILITIES MANAGJDIENT PLAN’AMENDMmq’ ’ The special conditions contained in this amendment supersede those contained m the previ0uSlY adopted pian for circulation facilities. CIRCULATION I. PERFORIHANCE STANDARD No road segment or intersection in the zone nor any road segment or intersection out of the zone which is impacted by development in the zone shall be projected to exceed a service level C during, off-peak hours, nor service level D during peak hours. Impacted means where twenty percent or more of the traffic generated by the Local Facility Management Zone will use the road segment or intersection. II. FACILITY PLANNING AND ADEQUACY ANALYSIS This analysis determines whether or not the circulation system impacted by Zone 9. conforms to the adopted performance standard. This section is based on the Transportation Analysis for Poinsettia Shores prepared by Urban Systems Associates, Inc. (USA), May 17, 1993. As discussed in the introduction, a master plan amendment and General Plan Amendment are being processed concurrently with this LFMPA for the majority of remaining vacant land in Zone 9. The USA report for the Poinsettia Shores Master Plan analyzed the impact of the Poinsettia Shores project on the existing road network as well as the impact of all development within Zone 9 for the year 2000 and build out conditions in the City. The following section shows the results of the existing, year 2000 and build out analysis for Zone 9. A. INVENTORY 9 1. &&ion Wement Roads Within or Adjacent to Zone 9 As shown on Exhibit 1, sections of Poinsettia Lane, Carisbad Boulevard and Avenida Encinas are either adjacent to or located within Zone 9. The following section identifies the road segments and intersections impacted by 20% or more traffic from Zone 9. September, I993 6 Zone 9 LFMPW 2. Identification of ImDacted Road Segments and Intersections As stated in the performance standard, impacted road segments and intersections are those that have 20% or more of the Zone 9 traffic using them. Exhibits 1 and 2 show the estimated percentage of traffic leaving Zone 9 and the impacted road segments and intersections for existing, year 2000 and at build out of the City. The impacted road segments and intersections are the following: Road SeQments Poinsettia Lane: Carisbad Blvd-I-5 . . Qss1ficat10q Major Arterial Carlsbad Boulevard: Poinsettia Lane-La Costa Avenue Major Arterial Avenida Encinas: Poinsettia Lane-Windrose Circle Windrose Circle-Ponto Drive Ponto Drive-Carlsbad Boulevard Secondary Arterial Secondary Arterial Secondary Arterial Poinsettia Lane at Carlsbad Boulevard Poinsettia Lane at Avenida Encinas Poinsettia Lane at I-5 Southbound off ramp Poinsettia Lane at I-5 Northbound off ramp Avenida Encinas at Windrose Circle f Avenida Encinas at Carlsbad Boulevard Avenida Encinas at Ponto Drive September, 1993 7 Zone 9 LFMPlAl CI 7 5 -. Z \ 0 r d \ 7 i i R VI 7 ff a ‘: LXIA 1 INU II 77 0.U -50 AbT LEGEND xX7. l DmLCnONAL Tm ou -N CLII-AoIS Source: Urban SyStamS Associacaa. INC. Hofman Planning A s s o c i a I e s i3bb ;rr.a.* *I.““. SW. 120 CwmDAo CA szoos Ghibit 1 Existing Trip Distribution - I : 438% 13.5% 21% LEGEND \ $J ‘:’ \ 3's'% l 3 E kJ * i 7 = - D Q r \ k s v1 = L” XX% l OmsCnmAL DrrmvIK)N WAGES Source, Urban Systems Assoaams. INC. iJ$ ~yfync ~$ny~y Gchibit 2 2386 El~mJ* .r.nu. sum 120 canrw CA s2ws 2OUOandBuikfOutTrip Distribution h. PHASING The traffic circulation network and the projected impacts resulting from traffic generated from Zone 9 were analyzed by utilizing data from the following reports: 1. 2. 3. 5. Circulation Facility - Local Facilities Management Plan Zone 9. SANDAG General Plan Model (1990). City of Carlsbad’s Traffic Monitoring Report (1992) Urban Systems Associates Inc Traffic Analysis for the Poinsettia Shores Project (5119193) The traffic analysis prepared by Urban Systems Associates is a detailed study dealing with the specific traffic generated from within the boundaries of Zone 9. This study analyzes the impacts of traffic on existing and proposed road segments and intersections impacted by Zone 9. The report also proposes a mitigation plan to ensure conformance with the adopted performance standard through build out of Zone 9. The roadways and intersections impacted by development in Zone 9 as identified in the USA traffic report are identical to the impacted roadways and intersections shown in the Zone 9 LFMP. However, a number of changes have occurred since preparation of the Zone 9 LFMP that require amendment to the original circulation conditions. These changes are as follows: 1. Avenida Encinas (Windrose Circle to Ponto Drive) Avenida Encinas from Windrose Circle to Ponto Drive will be dedicated to secondary arterial standards with the road initially constructed to 2 lanes. The Circulation element of the General Plan states @at Avenida Encinas from the existing Lake Shores Mobile Home Park to Carlsbad Boulevard may be downgraded if the immediate area consists of low density development. The USA study shows that the two lanes of the Avenida Encinas from Windrose Circle to Ponto Drive will be adequate through build out of the City. 2. Windrose Circle Windrose Circle currently exists as a 2-lane collector serving the existing 75 homes built in the master plan area. The BLEP Plan called for Windrose Circle to be a full circular roadway. However, the need for Wiidrose Circle as originally projected is not consistent with the proposed Poinsettia Shores Master Plan. Therefore, completion of Wiidrosc Circle to secondary arterial standards and signalization at Avenida Encinas has been deleted as a condition of approval. Windrose Circle is not a circulation element roadway, however, Windrose Circle was included in the BLEP Master Plan. Site design for the area does not require the need for Wiidrose Circle to be completed to secondary arterial standards. September, 1993 10 Zone 9 LFMPIAl The road will continue to exist as 2 lane collector off the southern extensioh of existing Avenida Encinas, Since the road right-of-way for the complete circular alignment was previously dedicated to the City by the property owner, the City will vacate the property for the unneeded right-of-way and the land will revert back to the property owner. 3. Installation of temporary signals at I-S/Poi&ettia Lane The requirement to install temporary traffic signals at Poinsettia Lane at I-5 has been deleted as a condition of the zone plan. Poinsettia&S is funded through the CFD and is scheduled per the CTP in 19!34/95. Therefore, there is no need for interim improvements as the permanent improvements will occur prior to or concurrently with development in the area. Additional revisions also include clarification of the original text to indicate Avenida Encinas replaces Avenida Batiquitos as the correct name for the road segment between Carlsbad Boulevard and Windrose Circle as well as Ponto Drive/Avenida Encinas replacing Sheanvater Road/Avenida Batiquitos as the correct name for this intersection. The financing mechanisms for funding of circulation element roadways and intersections has also been updated to reflect currtnt information as shown on Exhibit 3. The traffic analysis uses the proposed roadway system and intersection geometries for the existing conditions and the year 2000 and build out conditions as outlined in the City of Carlsbad’s Arterial Phasing Plan. The time increments are used more as bench-marks than actual completion dates. If a future traffic analysis indicates that the timing of the necessary improvements needs to be accelerated, the required improvements must also &e adjusted to guarantee that conformance with the adopted performance standard will be maintained. The purpose of this analysis is to evaluate impacted road segments and intersections serving Zone 9 and propose a mitigation plan if these facilities are de-cd to operate below the adopted performance standard. The phasing of development and analysis of traffic impacts will be monitored on an annual basis. However, for the purpose of this study, the timing of the necessary improvements will be presented in the following increments: Improvements needed now Improvements needed prior to 2000 Improvements needed prior to Build Out The phasing schedule noted above shall not limit needed traffic improvements to the years mentioned. If a future traffic analysis indicates that the timing of the necessary September, ? 993 11 Zone 9 LFMPIAI C. ADEQUACY FINDINGS improvements has changed, the required improvements shall also be adjusted to guarantee that conformance with the adopted performance standard will be maintained. This section will anaiyre the existing and proposed intersections and road segments affected by the traffic generated from Zone 9. In accordance with the adopted performance standard, the existing and proposed traffic facilities within and surrounding Zone 9 will be identified by an evaluated level of service. The performance standard determines that during peak hours a level of service A-D is acceptable and a level of service of E or worse to be unacceptable. If a facility is determined to fail to meet the standard, a mitigation program must be prepared so that the facility will operate at an acceptable level of service. Traffic conditions for existing, 2000, and build out are shown below. The levels of service for impacted roadways and intersections are indicated and, if needed, recommended circulation improvements are identified. 1. The existing roadway volumes and capacity of impacted road segments are the following: ROADWAY Avenida En&us - - Poinsettia Lane-Windrose Circle CLASS VOLUME VIC LOS 4 SA 12.0 0.15 A Culsbed Boukverd - - PAR-Poinsettir Las 4Me 14.5 0.16 A - Poimettitir Lane-k Costa Avmue 4MA 14.5 0.16 A Poinsettir hte - -Cadsbad Boulevard-Avtida Eachtea 2 SA 7.0 0.18 A -Avatida lhci.nu - I-5 2 SA 14.0 0.37 A windrose Circle - - Avcaida Eacinu - Nwigrtor Circle 1 .2 C 0.6 ) 0.02 / A ARTERIAL CLASSIFICATION 4MA-4LuwAhjorArtaid 4SA- 4 LumsowadmyArtaid tSA-2hneSaxmhyAtterid 2 c - 2 IAoe Collector September, 1993 12 Zone 9 LFhlPlAj The existing intersection levei of service for the impacted intersections are the following: INTERSECTION AM PEAK PM PEAK I4iPoinsettio Lane SB ondf Ramps A C I-5/Poinsett1r Lane NB on-off Ramps B B The analysis shows that street segments and intersections impacted by the existing Zone 9 traffic currently comply with the Growth Management Circulation Performance Standard of at least level of service “D” during peak hours. 2000 Traffic Volumes and C~Q&Q Development within Zone 9 is projected to be completed prior to the year 2000. Therefore, the total traffic impacts from Zone 9 are included in the year 2000 analysis. The level of sexvice for the impacted roadways for 2000 are as follows: S&ember. 1993 13 20~ 9 LFhlPIAl Avenida Enca - - Poinsettia be-Poinsettia Village - Poi.asettir Village-WindroSe Circle - Windrose Circle-Poato Drive - Ponto Drive-Carisbad Boulevard Boulevd-Avenida Encinu Windrose Circle - - Aveaida Encims - Navigator Circle ARTERIAL, CLASIFICATION 4MA-4hwM8jorArterial 4SA- 4 ImeSecodmyArted 2 SA - 2 IAM Secondary Arterial The year 2000 levels of service for the impacted intersections are the following: INTERSECTION I-S/Poiascttir Lpne SB on-off Runpa I-S/Poinaeuh IAm NB onoff Ramp8 Poinsettb IaadAvtida Eachm AM *AK PM PEAK B C C D B C I I Poinseuh~chrlabad Boulevud Avmida EncbnfPonto Drive Awnida EncimdWindr~#~ Circle C C v A A A A ’ The portion of Avenida Encinas from Ponto Drive to the bridge spanning AT&SF Raihoad will be built to three lanes and therefore, provide additional capacity for this segment of Avenida Encinas than indicated in the traffic reprt. September, 1993 14 Zone 9 LFMPlAl All impacted roadway segments and intersections impacted by traffic generated’ by Zone 9 arc operating at adequate levels of service in 20(@ to meet the adopted performance standard assuming the following improvements. I-S/Poinsettia Lane interchange improvements to Avenida Encinas are projected to be completed by the year 1995. Avenida Encinas from Windrose to Ponto Drive will be initially built to two lanes concurrent with development. In addition, Avenida Encinas from Ponto Drive to Carlsbad Boulevard will be built to secondary arterial standards. Also provided are improvements to the Aver& EncinasKarlsbad Boulevard intersection, Avenida Encinas/Ponto Drive signalization and the bridge over the AT&SF Railroad. The two lane bridge on Poinsettia Lane is assumed to be widened in 1997+ using PFF funds. 4. . . Citv Build Out CondmonS; Future long-term traffic voiumes at build out of the City were obtained from the SANDAG Model, June, 1990. Listed below are the road segments impacted by Zone 9 at build out and the level of service: Avemda Encinas - - Poinsettir kne-Poinsettia Village - Poinsettia Villrge-Windrose Circle - Windrose Circle-Ponto Drive - Poato Drive-Carlstmd Boulevard e-Avenida Eocinaa - Avenida Encinas-Lo Costa Avenue Boulevard-Avenida -Avtida En&as - I-5 ARTERIAL CLASSIFICATION 4 MA - 4 Lane Major Arterial 4SA- 4 LaeSeccmhyAiterirl 2 SA- 2 Lpna Seconduy Arterial 2 The portion of Avenida Encinas from Ponto Drive to the bridge spanning AT&SF Railroad will be built to three lanes and therefore, provide additional capacity for this segment of Avenida Encinas than indicated in the traffic report. September, 1993 15 Zone 9 LFMPI.4 4 The year 2010 intersection levels of service for the hpmxl intersections are the following: INTERSECTION I-~/Poinsettia Lrne SB onoff Rampa t-5iPomsettir Lane NB onoff Raqs / ~ Poinsettia hte/Aveaida Encinas I Poinsettia LPnelCarlsbd Boulevard Avenida Encti/Carlsbd Boulevard Avenida EncindPonto Drive Aven.i& EncinasJWindmse Circle’ AM PEAK C B B C D A A PM PEAK D C C D D A A All impacted roadways and intersections are operating at adequate levels of service at Build Out to meet the adopted performance standard assuming modification of the Carlsbad Boulevard/Poinsettia Lane intersection (additional southbound left turn lane). The need for the additional left turn lane is based on long range projections by SANDAG which assume maximum build out projections. In addition, the SANDAG Model reroutes traffic from I-5 on to parallel roadways when capacity is reached on I-5. This assumption may be applicable to local circulation element roadways, however, regional traffic is unlikely to use Carlsbad Boulevard as an alternative route. Yearly traffic monitoring by the City will determine the actual need for construction of the additional left turn lane at Carlsbad Boulevard and Poinsettia Lane. The rerouting of traffic onto Carlsbad Boulevard is also responsible for the level of service D at build out for the Avenida EncinasKarlsbad Boulevard intersection. e III. MITIGATION A. SPECIAL CONDITIONS FOR ZONE 9: 1. An on-going monitoring program shall be established to evaluate the aspects of improvements, development, and demand on circulation facilities. The required timing of improvements is based upon the projected demand of development in the zone and the surrounding region. This timing may be modified without amendment to this plan, however, any deletions or additions to the improvements will require amending this local plan. September, 1993 16 Zorw 9 LFhlPlAl 2. Prior to the rccordation of any final map, issuance of a building or grading permit, whichever occurs first in Zone 9, a comprehensive financing program guaranteeing the construction of the following circulation facilities must be approved: a. InpElovements Needed Now None b. hurovements Needed bv 200Q 1) Poinsettia Lane I-5 Overpass to Avenida Encinas Widen overpass to provide two through lanes in each direction, dual left turn lanes to the on-ramps. The off-ramps will be widened with traffic signals instaIled at the ramp junctions with Poinsettia Lane. Poinsettia Lane will be restriped or widened both east and west of I-5 to match the I-5 overcrossing lane configurations. The existing traffic signal at the Poinsettia Lane/Avenida Encinas intersection will be modified to accommodate restriping needed to coincide with the I-5 overcrossing lane configuration. Estimated Cost: Completion Date $9,650,000 1995 2) Poinsettia Lane(Carlsbad Boulevard to Avenida Encinas) Complete the construction of Poinsettia Lane to ultimate major arterial standards to include the bridge over thuAT&SF Railroad Estimated Cost: 62800800 Completion Date: 1997 3) Avenida Encinas (Windrose Circle-Ponto Drive) Dedication of secondary arterial right-of-way with construction of the road segment to 2 lanes to include: a. Construction of a bridge over AT&SF Railroad b. Intersection improvements at Ponto Drive and Avenida Encinas including the installation of a traffic signal. Estimated Cost: $3,5 17,000 Completion Date: 1994 September, 1993 17 zone 9 LFMPW 4) Avenida Encinas(Ponto Drive-Carlsbad Boulevard) Complete the construction of the road segment to 4 lane secondary arterial standard including intersection improvements to Carlsbad Boulevard and Avenida hkas. Estimated Cost: Completion Date: S 1;353,ooo 1994 C. Build Out Improvements 1) Poinsettia LaneKarlsbad Boulevard Intersection Restripe to provide dual left turn lanes, southbound to eastbound within existing curbs. Estimated Cost: Completion Date: g15,ooo 2005 l-v. FINANCING Exhibit 3 shows a facility financing matrix for this facility. This matrix summarizes the individual facility to be financed, estimated cost and timing of construction, the existing budgeted CIP monies available for the facility and the future funding options. September, 1993 t Zorn 9 LFhlPlA) ZONE 9. CJRCULATK mAhmNG MATRLX ESTIMATED 1 :ACIUM AMOUNT COST TlMlNG FUNDING NOTES ’ 3RCUlAllON FACWTlES ROAD SEGMENTS: _ Poinsettia hm I-5 overpass - Avenidr En&as Avenido Encinas - Carlsbad Blvd. Avenida Encinas Wmdrose Circle - Ponto Drive Ponto Drive - Carlsbad Blvd. INTERSECTION IMPROVEMENTS: Poinsettia Lane at Carlsbad Blvd. 4tknJhr Bridge WY ATSF RR mhes 4thNlan.s Re for JddlhunlaM s9.650.m Stwwoa u.517.wa s1.353.ma $1 S.GU 1995 Cay - CFD 1997 City - PFF Asuwnd Disbxt Ameummt DiatnU CcatS far fed sagmrntr j ~-vnpoVt i uuasfldtrMkalgn8k. ; / I / / I I I I j I , I I Total Ckculation Costs $16,535,000 t ERRATA SHdi. DATE: OCTOBER 18,1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175@VGPA 91-OS/LCPA 91-02/LFMP 87-09(A) - POINSETTIA SHORES MASTER PLAN The following changes are made to the Poinsettia Shores Master Plan text: 1. On the bottom of page 66 and top of page 67 under Master Tentative Map Requirements, a third special condition shall be added which involves affordable housing implementation. It will read as follows: 4 Prior to or concurrent with recordation of the Master Final Map, the applicant shall deed restrict Planning Area ‘D’ for affordable housing development unless and until an Affordable Housing Agreement for an offsite or combined site is entered into that satisfies the master plan’s obligations for providing affordable housing units. All subsequent Planning Area Final Maps shall record a notice disclosing the intent and designation of Planning Area ‘D’ to satisfy affordable housing requirements. 2. On page 84 a new bullet item will be added under Design Criteria to read as follows: * Certain accessory uses may be allowed within the rear portion of the residential lots associated with the private open space of the blufftop structural setback area (as shown on Exhibit 10). Allowable accessory uses shall be identified with the tentative map/planned unit development approval for this planning area. 3. On page 88 (Exhibit 37), a special note addressing private recreation areas will be added to read as follows: Note: See Design Criteria for provisions of private recreation areas. Minimum lineal dimension shall be 10 feet. 4. On pages 90 and 94 the bullet item under Design Criteria that reads, “A minimum 15 foot by 15 foot outdoor private use area shall be provided for each unit” will be changed to read as follows: * The minimum lineal dimension of outdoor private use areas shall be 10 feet provided that the private use area shall not be less than 300 square feet and this area shall not be counted toward satisfying recreational area requirements. However, a minimum 15 foot by 15 foot outdoor private use area may be provided for each unit to be counted toward satisfying recreation area requirements pursuant to section 21.45.090 of the Planned Development Ordinance. 5. Within the LCP Amendment text as attached to Planning Commission Resolution Number 3554, all references to “woodlands” will be changed to “wetlands” (includes pages 7 and 10). - ERIL .i. SHEET #2 DATE: OCTOBER 20, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175(D)/GPA 91-OS/LCPA 91-02/LFMP 87-09(A) - POINSETTIA SHORES MASTER PLAN The following changes are made to the Poinsettia Shores Master Plan text and are in addition to the changes outlined in the first errata sheet dated October 18, 1993: 1. On page 81: the first bullet item under Design Criteria will be eliminated; the second bullet item under Design Criteria will removed and will replace the second bullet item under Environmental Mitigation Conditions at the bottom of page 81. 2. On page 82 the second bullet item under Other Special Conditions will be eliminated. 3. Under Environmental Mitigation Conditions for planning areas “A-4” and “B-l” on pages 85 and 91, the bullet item requiring sound walls and/or berms to mitigate noise impacts will have the words, I’... and the railroad” added to the end of the,first sentence. 4. On page 96 the last bullet item under Setbacks deals with a garage setback and currently reads “Garage: 3’ from edge of 24’ wide motor court driveway” and will be changed to read as follows: * Garage: 5’ minimum. from edge of 24’ wide motor court driveway 5. On page 96 the following will be added to the end of the Private Street Width section: “A private street width of 24’ may be allowed for motor courts, or private streets serving 10 units or less, as part of the discretionary review and approval process required for this planning area. All private streets serving 10 units or more shall have a minimum width of 30’. 6. On page 98, Exhibit 40, the wording on the exhibit which describes. Private Street Dimensions will be changed to read as follows: “See provisions outlined under Private Street Width on p. 96” The following change is also made to the LCP Amendment text in addition to the LCP text change noted as item #5 on the first errata sheet: 1. On page 9 under Grading and Erosion Control, item #l will be changed to read as follows: 1. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the site to prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas. ERRATA SHEET #3 DATE: TO: FROM: SUBJECT: NOVEMBER 3,1993 PLANNING COMMISSION PLANNING DEPARTMENT MP 175(D)/GPA 91 -OS/LCPA 91-02/LFMP 87-09(A) - POlNSElTlA SHORES MASTER PLAN Staff received a late comment from the State Lands Commission (SLC) regarding their role with the dedicated lagoon and wetland open space associated with this project. The SLC letter dated November 2, 1993 is attached and specifically notes that the construction of any required drainage facilities on open space planning area “I” would require SLC review and approval. In order to respond to the comments of this public entity which holds a public ownership interest in the master plan’s lagoon open space, the following change will be made to the master plan text: 1. On page 115, the last sentence under Land Use Allocation currently reads, “Consistent with the Zone 9 LFMP, a desilting basin may be constructed in the northwest portion of Open Space Area I”, and will have the following language added: I’... subject to the review and approval of the City of Carlsbad and any affected resource agencies including the State Lands Commission”. This change is in addition to the items outlined in Errata Sheets #l and 2 dated October 18 and 20, 1993. All errata sheet changes will be incoporated in the master plan text for City Council. ENM:lh SLCMEM DATE: TO: FROM: SUBJECT: NOVEMBER 3, 1993 0 PLANNING COMMISSION PLANNING DEPARTMENT MP 17!XD)/GPA 91 -OS/LCPA 91-02/LFMP 87-09(A) - POINSETTIA SHORES MASTER 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 I-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9. I. RECOMMENDATION - r4 APPLICAI’ION COMPLETE DATE: GPA/LCPA/MPA - APRIL 21. 1991 LFMPA - AUGUST 2. 1993 PROJECT PLANNER: ERIC N. MUNOZ MEMORANDUM 1 That the Planning Commission ADOPT Planning Commission Resolution No. 3551 RECOMMENDING APPROVAL of the Mitigated Negative Declaration, and ADOPT Planning Commission Resolution Nos. 3552,3553,3554, and 3555, RECOMMENDING 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. II. DISCUSSION This matter was on the agenda of October 20, 1993 and continued due to the lateness of the hour. ATTACHMENTS 1. Planning Commission Resolution No. 3551 2. Planning Commission Resolution No. 3552 3. Planning Commission Resolution No. 3553 4. Planning Commission Resolution No. 3554 5. Planning Commission Resolution No. 3555 6. Staff Report dated October 20, 1993, with attachments DATE: TO: FROM: SUBJECT: OCTOBER 20, 1993 0 5 PLANNING COMMISSION PLANNING DEPARTMENT MP 175(D~/GPA91-OS/LCPA 914WLFMP 87-09(A) - POINSETTIA SHORES MASER 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 I-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9. I. RECOMMEZNDATION APPLICATION COMPLETE DATE: GPA/LCPA/MPA - APRIL 21. 1991 & LFMPA - AUGUST 2. 1993 PROJECT PLANNER: ERIC N. MUNOZ STAFF REPORT That the Planning Commission ADOPT Planning Commission Resolution No. 3551 RECOMMENDING APPROVAL, of the Mitigated Negative Declaration, and ADOPT Planning Commission Resolution Nos. 3552, 3553,3554, and 3555, RECOMMENDI’NG 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. II. PROJECI’ BACKGROUND AND DESCIWTION The applicant is reqitesting 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 renaming of the master plan to the Poinsettia Shores Master Plan. The west side of the master plan is proposed to remain with the travel service-commercial 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 17S(D)/GPA91-h/LCPA91-02/LFMP 87-09(A) POINSE-ITIASHORESMASTERPLAN OCTOBER20,1993 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 I-5 freeway and totals approximately 162 acres which is separated into east and west sides by the north/south 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 Encinas 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 twice 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 17S(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 Commission 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 S lots are vacant custom lots. This planning area is shown as Area “.I” 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 portion 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. - h MP 17S(D)/GPA 91 -OS/ LCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 3 The Master Plan is surrounded by natural open space associated with the Batiquitos Lagoon to the south, an existing mobile home park to the north, the I-S 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) rename 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 17S(D)/GPA 91-C,, LCPA 91-OZ/LFMP 87-09(A) POlNSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 The entire master plan document has been reorganized and reformatted for clar+y 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 significantly less than the BLEP proposal so all impacts to and demands for required public facilities and services will be reduced. In accordance with the City’s Growth Management Program, all necessary public facilities and services will be available concurrent with their need as the Poinsettia Shores Master Plan develops to buildout. ANALYSIS The proposed project is subject to the following plans, ordinances, and State laws: A. Carlsbad General Plan. 8. 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/LCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20,1993 PAGE 5 A. GENERAL PLAN planning Issue Is the Poinsettia Shores proposal consistent with the General Plan? DISCUSSION 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-l”, “A-2”, “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 “B-l” and “B-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/motorcourt 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 “B-l” ,and “B-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 -W/LCPA 91-02/LFMP 8709(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 hotel/timeshare 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% 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”, “K’, 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 “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 “G” and ‘T-L”) 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 structural 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-bdLCPA91-02/LFMP 87-09(A) POINSETTIASHORESMASTERPLAN OCTOBER20,1993 PAGE7 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 “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) musE 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. tf 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-l” and “B-2”. The master plan provides the option to satisfy the affordable housing requirement. If the units are to be constructed 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 COMMUNlTY ZONE7 CHAPTER 21.38 Planning Issue Does the proposed Master Plan Amendment comply with all the requirements of the Planned Community Zone? : MP 175(D)/GPA 91 -clJLCPA 91-02/LFMP 87-09(A) POINSE?TIA SHORES MASTER PLAN OCTOBER20,1993 PAGE8 DISCUSSION The Poinsettia Shores Master Plan amendment has been prepared consistent with the C&bad 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 property, 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 oh is consistent with the provisions of the General Plan and am aD&cable SIXX%K plans.” The amendment would be consistent with the General Plan based on the discussion found in Section A of this report under “General Plan”; b. “a necessarv mblk facilities can be movided concumn t with need and adwuate provisions have been Drovided to imDlement those ~ortioDs of the caDital improvements ~rofmm am&able to the subiect prom.” 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 91-05/LCPA91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 9 C. ‘The residential and otwn mace rxxtions of the community d constitute an environment tif sustained desirabilitv and stabilitv, and that it wil,l be in harmony with or provide comDatible variew to the character of the su,rrom~di.ng areas. and that the sites ~roDosed for public facilities. such as schools. Dlavmunds and larks, are adewate to serve the antkiDated DoDulation and amwar acceptable to the Dublic authorities havinn iurisdiction 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 lagoon/biological habitat, steep slopes and other environmentally constrained areas; and open spate 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 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. d. ‘The pnxwsed commerckl and industrial uses will be amxopriate in area. location and overall de&n to the ~urmse intended. The de&n and devel&ment standards are such as to create an environment of sustained desirabilitv and stabilitv. Such develoument will meet wrformance standards established by this title.” Planning Areas “G” and “H” have been designated as future travel services- commercial sites retaining the allowed uses from the BLEP plan (hotel/conference 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 -OJLCPA 91-02/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 nonresident&d uses. such development d be DrODOSed. and su~~~unh~ areas are Drotected from any adverse effects fkom the develoDment.” The Poinsettia Shores Master Plan proposes a community recreation center planning area and a re?reational vehicle storage planning area. These areas will be buffered from residential areas by the Avenida Encinas 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 “F”) 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 thorouzhfares provoked are suitable and adecwate to C~ITV the anticiDatedtrafEcthereon." 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 significantly 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. “Anv provoked commercial devdoDment can be iustified economic~v at the location p vosed and will m&de adeQuate commercial facilities of the twes needed at such ELion ~mxxed." 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. In 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-:,LCPA 91-02/LFMP 87-09(A) POINSE-ITIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 11 future development of the master plan may have on the General Fund operating budget of the-City. h. “The area smunti the development is or can be &u~,~~ed and zoned in coordination and substantial comDatibiliW with the develor>ment.’ 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 (I-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. i. ‘AIxxomiate measures are momsed to mitiaate adverse environments inmact as noted in the adoWed environments imDact retxwt for the Droiect.” 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 report (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. CARLSBAJI LOCAL COASTAL PROGRAM/WEST BATIOUmOS SEGMENT Planning Issue 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 development/native 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 9140/LCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 12 D. GROWTH MANAGEMENT - ZONE ‘ij 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 AdministratiorVLibrarv 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 En&as 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-b: LCPA 91-02/LFMP 87-09(A) -4 POINSETTIA SHORES MASTER PUN OCTOBER 20, 1993 PAGE 13 Drainage 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. Onen Snace 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 identify 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-OdLCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 14, Sewer Collection System Necessary sewer infrastructure required to serve the master plan will be constructed concurrent with need as determined by the City Engineer in accordance with the existing Zone 9 LFMP. Water Distribution System 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 REVKW/TlTLE 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 significant 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. It 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 land 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 traffic 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 “A-4” and “H”), and compliance with City noise standards by future residential development. MP 175(DYGPA 91 +JLCPA 91-02/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). ATTACHMENTS 1. 2. 3. 4. ;: 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Planning Commission 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. Taschner/City’s response letter Letter from Mr. Dillon-CALTRANS/City’s response letter Letter from the Batiquitos Lagoon Foundation/City’s response letter Letter from Mrs. Dolores Welty/City’s response letter Letter from Mr. Dennis Cunningham (to School District)/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 EXMBIT “A” ,’ 1 .I 1 I ! . 4 EXHlBlT “B” la . ! R 2 c t % u Q- 8 z 0 9 2 2 1 I 1 ! . I ’ . ! “i I- )- ’ I A EXHIBJT “0” -4\ / ” b ,...\ . 1 1 f ¶ . 1. E . ! 1 1 i 1 ; 4 i i E t 4 c 4 1 t I fi a’ & tf3 I bl v1l z Ka 0” EXHl3IT “E” t a s d Y - I a x 4 ; i;{ h m ;=2 v s UQI : : i w 1 I*:.$yj \ \-a 1 p / J 1’ I I ! !; .’ Ea . ! 1 BACKGROUND DATASHEE- CASE NO: MP 175(D)\GPA 91 -OS\LCPA 91 -OZ\LFMP 87-09(A) CASENAME: Poinsettia Shores Master Plan APPLICANT: Kaiza Poinsettia Corporation REQUEST AND LOCATION: ReDlace the educational and related uses of BLEP with residential uses on existing master plan nropertv. LEGAL DESCRIPTION: North of the Batiauitos Lagoon, west of the I-5 freewav. All of Lots 1, 2. 3. and 4 of parcel man #13653 as filed in the Office of the Countv Recorder of San Diego Countv. Januarv 31. 1985. with portion of the west half of Section 33. TOWIK~~D 12 south. Range 4 west. in the Citv of Carlsbad. San Dieno Countv. APN: 216-420-79. 216-140-17-19/2527/29-33 Acres 130 Proposed No. of Lots/Units 451 ~1~s 25% densitv bonus GENERAL PLAN AND ZONING Land Use Designation P/RM/RMH/RC/NC/OS TO RM/NRR/TS/OS Density Allowed 451 dus Density Proposed 451 dus + densitv 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 I-5 freeway West Prime Arterial Carlsbad Boulevard PUB’X FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 451 ~1~s 25% densitv bonus Public Facilities Fee Agreement, dated April 10. 1991 ENVIRONMENTAL IMPACT ASSESSMENT X Mitigated Negative Declaration, issued August 12. 1993 - Certified Environmental Impact Report, dated Other, _ ENM:km DISCLOSURE STATEMENT APO~.CArnS StATEUEG 3 ZSCLCSU~ w CERTAIN ~MRSHP +RERESlX ON 4.~ APP~JUT,ONS WHICH wlk :E,:~,;E :;S;;;c;CNAPY Ac7C.V ,“h 7% ‘Am Of WE ctw COUNCIL OR ANY APmIm BoAm. COf,,MI~lON OR C=MM~EE, ,= exe Pmrl -i / 83 fzkwlng InformatIon must be disclosed: 3 2. 3. 4 Aoolicant List the names and addresses of ti persons having a financial interest in the application. Kaiza Poinsettia &qxx-ation Sea Bluff Associates, 7220 Avenida Encinas a California general partnership Sute 200 Three Upper Newport Plaza Drive -l-ad, LA YANJY Owner List the names and addresses of all persons having any ownership interest in the property mvcrvec Kaiza Poinsettia Corporation Sea Bluff Associates, 20 Avenida Uwinas a Wlmma general partnership Sute LUO mvpperrt Plaza mive carlsbaa, CA rLVVr n, w+ YL6dV-mJU If any person identified pursuant to (1) of (2) abow is a corporation of partnership, list the naces 3r: addresses of all individuals owning more than 10% of the ShYOS in the corporation or owning any pannersr : merest in the paftnershlp. SaMa CaEfornia, Inc. mAvenida Wzinas SEE ATTACHED LISTING Suite 200 If any perSOn idenmed punuurt to (1) of (a above is a noflgrofit orglnirrtion or a trust. list the names at = addresses of any person serving as officer or director of the mm-profit orgmization or as trustee or eenefic:aF of the trust. FRMooo13 a/90 2075 Las Palmas Or~ve - Carrroau. ~a~~fornra 92009-4859 - (619) 438~: ‘6’ Disclosure Statement !Ov’efl Page 2 5 e. Have you f-,ad more tnan $250 worth Of business transacted with any memb6f of City staff szaTzz Comm6s~ons. C;mmrttaes and Council wIthIn the past tHJelve months? Yes - NO x tf yes. please indicate person(S) %non 1s dofmod u: '*y Indlv~au~.firm.cOo~*~lO. ja~~~~~~~.ru4c~~Oll. roc~Uclub.frrumuorg.nlt*~lan :31~0rwon *,~a(* ",s: I - r~wdt ~ynalcur. tJl10 aria uy omor eouny. c* UW COu*. Cy munlstpuq. amzt or emu pstmcu ~uoawmon 31 l y 0tp.1 ;.;-3 :f ~~mam~~on acting u a unn’ (NOTE; Attach additional pages as neccNsW+) KAIZA POIN- aRFmATIm k-mpg-s /tiIJ’e~/ , )bw&&d- Pm or type name of owner Sea Bluff Associates, aCalifornia general partnership ByxTsGEmRALPARDmsz B-L 130, Ltd., a California limitedpartnership Hackett Managemnt Coqoiation, a Califo~corpora~ion FRM00013 a/90 A ATTACHMENT TO DISL-&XdE STATEMENT S?ii?lRhlffAsaociatee, aCaliforniagmemlpadnemCp *L UO, Itd., a California lim.itEd partnership Merrill L. Kirkgdrick, Sole General partner - - alup=tia, a California Corporation Terry C. Hackett, President LJMITED PAEmEEs OF B-L 130, Em. Merrill L. Kirkpatrick Walter E. r4zKinley WilliamStmam s=- lkrius Irani T%&aaanAresh Jocst van Adebbeq . Qrlsbd130,Ltd.a califomialimitad~ of carlskd 130 Lbj QMLagunaBrpoatian,aNkYorkC&~raticm itsGeneral Rtrtmr TtqMathias- H.Jeoffmytbeths EnriqueIuhan ran;lrrhc?hsociates,aLifoxniapa&mmh@ MerinnCorporati~,its~paxtmr 1 Joyce-,Pmsidetk AmORNEY AT LAW 1533 SOUTH HILL ST.. SUITE D OCEANSIDE, CA 920% September 1, 1993 Planning Department city of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 an QF CAFeLSia3AD @-JP 8 G*!“.? r a:+ f.%‘iinQ7 c L--:.&Ai....&. ..Li *. RE: MP 175(D)#GPA 91-05/LFMP 87-Og(A)/LCPA 91-02 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 Northwest Area for three different uses: 1. LEAST TERN NESTING SITE; 2. PROTECTION OF COASTAL SALT MARSH, COASTAL SAGE BRUSH, and BRACKISH MARSH. 3. USE AS THE NORTHWEST STAGING SITE AND FUEL STORAGE AND A DREDGE LAUNCHING RAMP. (Copies of areas attached). Not addressed in the BLEP is the issue of sedimentation from a new desiltation basin. Any new desiltation issues were left to the local jurisdiction for review 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 Batiquitos 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 I I I I I I a I I I I I 1 4 3 I ----.-___ _-_ _-_-_. .--_ _ __ -._- --. -. - - ..-. + + - , I l __, ._ 1533 SOUTH HILL ST.. SUITE ‘2 A~ORNEY AT LAW September 13, 1993 OCEANSIDE. CA 92064 Carlsbad Planning Commission City of Carlsbad Carlsbad, CA 92008 ‘, OFFICE. i6 191 722-4470 RES.. (6191 722.2336 RE: Drainage northerly of Batiquitos Lagoon west of I-5 Dear Commissioners, The contemplated approval of the Poinsettia Shores Master Plan by MP175(D)/GPA 91-05/LFMP 87-09/(A)/LCPA 91-02 does not consider the' enVirOnIEnta1 impact of a proposed 7700 c.y desiltation basin westerly of the AT&SF 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 AT&SF 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 1991 to have your staff evaluate an alternative to the proposal contained in LFMP-09 of building a new desiltation basin westerly of the AT&SF Railroad at Batiquitos. The use of an existing desiltation basin easterly of AT&SF 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 drafnage pipes to traverse a portion of the land easterly of the AT&SF 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 AT&SF. The reason for this request is the real possibility that the new desiltation basin west of AT&SF will not be feasible. The north western 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 west of AT&SF will require: 1. relocation of a 16" high pressure gas line: 2. relocation Of major telephone trunk lines that exist in the area: 3. an undercrossing of the AT&SF with 60" and 72" pipes to divert the water to the west; 4. extensive grading at the intersection of Ponto Drive and Carlsbad Boulevard to accommodate the large pipes; and 5. changing the configuration of land and the Ponto Drive on-off ramps at Carlsbad Boulevard. Included hereafter is a pictorial representation and discussion of: 1. Client and issue identification and alternative desiltation basin alternative; 2. Identification of drainage field and desiltation basin location; 3. History of drainage patterns: 4. Diversion of drainage in 1985 which causes flooding and master drainage only solution because of Coastal Act; 5. LFMP-22 identification and drainage recommendation; 6. LFMP-09 identification and drainage recommendation; 7. Conflict issues in north western basin of Batiquitos Lagoon as identified by Army Corps of Engineers EIR; 8. Cost of pipe and desiltation basin under LFMP-09 and Schreiber alternate proposal: and 9. Identification of two pipe/basin alternatives 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. Rrtf&Su&&u&d, LOUIS TASCHNER 1 represent Ponto Storage Inc. (land ownership Outlined in orange) and Dale Schreiber (land ownership outlined in yellow). Dale Schreiber is the president of Fonto Storage. The Poinsettia Shores Has ter Plan ie. MP175(D)/GPA 9l-Oj/LF?IP 87-09(A)/LCPA 91-02 should be required to address and Mitigate -the Drainage Proposal contained in Local Facilities Yanagement Plan 87-09 (LFMP 87-09). LFMP-09 requires the construction of a new 7700 c.y. desiltation Sasin (outlined in Orange) somewhere west of the AT&SF Fiailroad Tracks (AT&SF) at Batiquitos Lagoon. The use of an existing desiltation basin (Outlined in Green) easterly of the AT&SF has been reviewed as a viable alternative 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 for expansion to accommodate the additional discharge with a minimum impact to the lagoon wetlands.” 1 The Ponto Drainage Field (outlined in oranqc?) consists of approximately 250 acres. The Easterly portion of the field (Outlined in yellow) drains to the existing desiltation basin(Outlined in Green). The remaining area n; fbar -& -..- ponds or drains to the ocean throluqh s;;aLes across so I? t 0 Storage Inc. and a pipe through the bluff. A major.zLesiltation basin at Batiquitos Lagoon needs to te nrovided for the westerly portion of the drainage field as the Coastal Act precludes using the Ocean for dumping :;ater from major drainage pipes and a desilting basin is req::ired when using the Batiquitos Lagoon for the terminus in order to protect the ecosystem of the Lagoon. The adopted plan for Zone 9 and 22 of the T,ocal Facilities >!anagement Plan (LFMP) of the City of Carlsbad contains a recommendation that a desiltation basin be built next to Carlsbad Blvd at the edge of Batiquitos Lagoon. A Conflict exists because the area westerly of AT&SF at the Lagoon has been used to mitigate the environmental issues raised in the EIR for the Batiquitos Lagoon Enhancement Plan by the Army Corps of Engineers. 2 In 1972, when Ponto Storage was built, there was a Eatural drainage field West of AT&SF. Additional drainage from acreage of the southwest portion of t 5s I,ake Shores Trailer Park (Mobile Home Park) had heen added ~0 the ir3inage field on a reverse flow through a 21" QiQe under t 3 2 AT&SF. (Drainage field outlined in Yellow). This c! rainage f ield was served by a natural drainage swales which terninated at a pipe that went through the bluff to the ocean. (Delineated in Orange). Drainage from the land southerly of the southwest portion of the Mobile Home Park ponded or drained southerly along the eastern side of the AT&SF. The Northerly portion of t.he Mobile Home Park and all Lar.d northerly ;Ind easterly of this portion of the Mobile Home Park drained to the north. (Delineated in Green). The southeastern portion of the mobile home park and the Land southerly ,thereof drained into a 60" pipe (Delineated in Green) where the pipe terminated into a natural drainage basin at Batiquitos Lagoon. 3 In 1985, construction of Poinsettia A 1,' 2 across the .- 3 . SSF included a temporary drainage plan. F11rsuant to the zlan, the City of Carlsbad had constructed a 24" pipe along tP.2 eastern edge of the AT&SF. The Pipe !Jent under AT&SF to t k-e -i e s t and terminated just east of the Schreiber Land. Yhis pipe (Delineated in Orange) carried drainage from a;?roxiyately 25 acres, (Outlined in Ye1 Low) which Freviousl) ha:! drained to the north. The additional acreage caused an overburdening of the drainage swales and there esists a drainage problem which causes flooding during rain storms. The construction of a storm drain system will alleviate th,e flooding problem. LFMP-22 sets forth alternatives. One alternative proposes draining the 25 acres with all Lands northerly of Poinsettia to the north into Encinas Creek. The recommended alternative proposes draining the complete .area southerly to Batiquitas Lagoon. This recommended proposal is followed by LFMP-09. 4 LFXP-22 iS comprised of approximatel> 110 acres of ILndeveloped Land. (Outlined in Yellow). The drainage patterns were analyzed and the consultant recommended that the majority of the draina9o should be to the south and thereafter be joined into the I.F?.!P-C9 drainago pattern. CL ines d’elineated in Orange). A comment from LFMP-22 is as follows: "4 detailed hydrology analysis was performed for Zone 33 --. The highLights of the drainage analysis conclusions are 3s follovs: The study utilized the Master Drainage Plan, modifi'ed slightly, for the area as well as proposed pipe alignments. The slight modification from the current M a s t e r Plan includes taking the storm water runoff all the way to Batiquitos Lagoon rather than through the bluff to the ocean. The outlet for this facility also requires a desilting basin. The desilting basin, however, has already been designed and is adequate in size (7738 cubic yards) to handle runoff from this area. The proposed drainage facilities alleviate the flooding probLems north of Ponto Drive, by collecting the existing runoff from both 24-inch concrete pipes draining Poinsettia and the Lake Shores Trailer Park.” ., , ,_. 5 .s>:- ,fl *-,a . ..* . I A, l ” LFMP-09 iS comprised of approximately ?o acrc35: of urldeveloped land. (Outlined in Yellow). . There already exists drainage pices t!lrOUgh the Easterly portion of LFMP-09, (Delineated in- Green), to the e :\: 1 ‘sting desiltation basin. (Outlined in Green). The Nes te-r-l? major drainage pipe was recommended to traverse from the Zone 22 drainage pipe to a new 7700 c.y. iesiltatio.. basin. (Lines and Basin outlined in orange). The drainage proposal was not evaluated by an environmental review because LFMP-09 states: “Approval of this LFM? does not constitute prior environmental review for projects within Zone 9. All future projects within Zone 9 shall undergo environmental review zer Title 19 of the Carlsbad Municipal Code. Any mitigation .zeasur es determined during a project’s environmental review shall be compli ed with in their entirety unless findings of overriding consideration are made by the City Council.” 6 The area in which the desiltation basin as identified 1 T. LFYP-09 would be located was the subject of a review ;;urs!iant to the National Environmental Policy Act because of 3 404 permit from the Army Corps of Engineers for the BatiquJitos Lagoon’ Enhancement Froject. This Enhancgment Project identified the western basin of the Bati;lJitOS Lagoon as being used for the follov.inq: 1. The area is identified for a G-acre California Least Tern nesting site. 7 The area is identified under the implementation of t?-le aiooted mitigated alternative as including Coastal Salt !.iarsh, coastal Sage Scrub, and Brackish Marsh which will be protected. 3. The area is identified for a dredge launching ramp as -dell as the Northwest Staging Site and Fuel Storage area. 7 In 1992, Dale Schre iber, recognizing the potent ial conflicts between the LFYP-09 lIesiltation !?~asirl ;1rlfj the 101 Psrmit Environmental Review, had an alternate alignment of the drainage pipe from Zone 22 to the existing desiltation :ssir; evaluated-for cost. (Alternative outlined in Green). T lm. e cost for the alternative pipeline to the eastern desiltation basin was determined to be $873,230.00. T!:is cost was compared to the LFY?-09 alignment for the oipeline (Outlined in Orange) and the LFMP-09 aliqnment cost kas computed to be.$981,242.00. Sot taken into consideration for cost is the potential relocation of a 16" high pressure gas line, three crossings under the AT&SF, relocation of main telephone trunk lines, elevation problems for pipeline at Ponto Drive and Carlsbad ??oulavard intersection, and potential mitigation problems at c,he Batisquitos Lagoon. 8 The potential impacts of 3 new desiltation basin :cesterly Of the Tracks in the Batiquitoc L,agoon piestern Basin may not be a real possibility. Use of the- existing desiitation basin east of AT&SF L-ill require the least damage to the environment. The pipeline can also be built at this time with a minimum of interference :;ith other improvements in the area. As a mitigation to the drainage plan, the Poinsettia Snores ?!aster Plan should be required to do one of the following based on which desiltation basin is used; A. Using the Eastern Desiltation Basin: 1. Receive approval from all agencies for useof the existing desiltation basin for the Ponto Drainage Field; 2. Provide easements for pipe alignment to the basin across their land. B. Using the Western Desiltation Basin: 1. Identify the location of the Desiltation Basin and provide the land. 2. Receive approval from all agencies for use and construction of the new Desiltation Basin; 3. Provide easements for pipe alignment to the basin across their land if necessary. S i September 29, 1993 Louis Taschner 1533 South Hill Street, Suite D Oceanside, CA 92054 EXE: COMMENTS MADE TO THE POINSETI-IA SHORES MASER PLAN - 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. Comments 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 tern nesting site associated with the implementation of the Batiquitos Lagoon Enhancement Plan. 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. I can be reached at 438-1161, ext. 4441, if you have any questions. Sincerely, ERIC MUNOZ Associate Planner ENM:km Taschnerk 2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161 I .----- swEMBER 27,1993 TO: THE PLANNING DEPARTMENT FROM: THE-ENGINEERIN G DEPARTMENT VIA ASSISTANT CITY ENGINEER o@-- J’RO- MP 17SD, KAIZA POINSETTIA SHORES MASTER PLAN AMENDMENT -T REPORT ON ATTACHED COMMENTS FROM MR. LOUIS TASCHNER The developer of the Poinsettia Shores Master Plan is proposing construction of a storm drain line from the southwest comer of the Lakeshore Gardens Mobile Home Park across the AT&SF railroad tracks along the milroad right-of-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 processing 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 drainage 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 Rosalena development. It is his contention that the alternate is less expensive than the proposed drainage 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 exayation depths to install the pipe. Such depths would exceed City Standards, make maintenance more difficult and expensive and increase the cost of installation. 3. The existing sedimentation basin on the east side of the AT&SF tracks is not adequate in size to handle the additional drainage and the basin sits too high in elevation to accept the drainage diversion being proposed without extensive modifications. These modifications would include the addition of a second cascading basin below and to the east of the existing basin. A cascading 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 increase in siz Construction of the cascading basin will likely have greater environmental impacts over the westerly basin site being proposed. 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 milroad tracks into the historical path through the Porno Storage site. When this portion isdeveloped, 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 need of the drain. 5. We believe the historical drainage pattern 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, whether 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 drainage system Therefore the Engineering Department sees no reason to oppose the developers proposal to conform with existing plans. _- State of California Memorandum To: STATE CLEARINGHOUSE T. LOFTUS From: DEPARTMENT OF TRANSPORTATION District 11 Planning Subject: Review of Poinsettia Shores Master Plan MND-SCH 93081049 Business, Transportation and Housing Agency Date : September 9, 1993 File: 11 -SD-5 P.M. 44.8146.2 We have reviewed the Mitigated Negative Declaration for the proposed Poinsettia Shores Master Plan in the City of Carlsbad and have the following comments: l 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 l-5 (as outlined in the July 1990 Route Concept Report). Future l-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. l Caltrans supports the conceptof “fair share contributions” from developers for mitigations within the l-5 corridor. Our contact person for I-5 is Roger Carlin, Project Development North Engineer, (619) 688-6963. Sincerely, BD/MO:ce BILL DILLON, Chief Planning Studies Branch September 29, 1993 Roger Carlin CALTRANS 2829 Juan Street San Diego, CA 92110 MSDl RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PUN - MP 175(D) Dear Mr. Carlin: 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 l-5 freeway noise should meet federal requirements and be based on 20 year traffic projections and the ultimate freeway configuration for l-5. In addition, it is stated that CALTRANS supports “fair share contributions” from developers for mitigations within the l-5 corridor. Resoonse Planning area “c” is the developable portion of the master plan that is adjacent to the l-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 “c” be coordinated with CALTRANS to ensure compliance with long term objectives for this section of the l-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 ktter will be part of this project’s staff report. The Planning Commission date is scheduled for October 2O,lQQ3. I can be reached at 436-l 161 extension 4441 if you have any questions. Sincerely, EL 4% ERIC MUNOZ Associate Planner EIWkm 2075 Las Palmas Drive - Car&bad, California 92009-l 576 - (619) 438-l 161 h . BATIQUITOS LAGOON FOUNDATION 9/14/93 : ‘. ._ . - . -; ( 1 a ..+ L , ‘: - 1 Michael Holzmiiler, Planning Director City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 SE? 1 7 !%3 -,; -., : . p ,. L”. L.-;-t ._. ._ -- d.-‘YdT ._ . I 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 Munoz 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 true 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. w 3. It appears that all planning areas on the south side of the extension of Avenida Encinas 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 from 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. If 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 Cnrlrbad, CA 92008 BATIQUITOS LAGOON FOUNDATION Creating a master plan without the accepted City of Carl&ad 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 facility, public or private, has characteristics which are much more open and accessible than standard residential developments - let alone gated communities with private streets. Some discussion and justification for a change from the existing master plan 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 En&as) 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 I-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? t 6. The planning areas west of the railroad R0.W. have virtually no master plan level of land use goals or development standards. The types of general uses anticipated (commercial and visitor serving) warrant, at a minimum, development policies and goals at a conceptual level. Structural types, locations, ingress/egress, 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? 7. The Board is very concerned 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 Carlrbad, CA 92008 BATIQUITOS LAGOON FOUNDATION ensure timely trail provision, and to avoid the circumstances 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. Seth Schulberg 6E L/ President P.O. Box 3103 Carl&d, CA 92008 September 30, 1993 Seth Schulberg Batiquitos Lagoon Foundation P.O. Box 3103 Carlsbad CA, 92008 RE: COMMEEFIS MADE TO THE P0INSEI-M SHORES IvlMIZR PLAN - MP 175(D) Dear Mr. Schulberg: This letter is in response to your letter dated September 14, 1993 regarding the above referenced project. Comments 1. A more detailed comparison of the existing Batiquitos Lagoon Educational Park (BLEP) master plan and the proposed Poinsettia Shores master plan is desired including a pro/con analysis of the proposed land use changes. 2. A more thorough review of the existing Local Coastal Program (LCP) provisions is desired relative to compliance by the proposed master plan given the direct link that exists between the LCP and the master plan 3. The issue of gated planning areas and the privatization of the master plan property is raised from both a policy and site design standpoint. 4. a) Overall project design is inadequate and the provision for “Delayed Architectural Review” is unacceptable; insufficient information is given about future development possibilities within the master plan; b) the master plan is not a dear and predictable “road map” for future development and is not as detailed and thorough as the existing BLEP master plan document; c) if the Citys desire is to delete the master plan and revert to “straight zoning”, then that should lx pursued; d) the master plan document lacks the standard City requirements for a master plan 5. The merits of the proposed land use changes are challenged on the basis of extreme privatization. The existing BLEP plan 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 amendment better for the “communi~ compared to the BLEP plan? 6. a) The planning areas west of the railroad right of way have no master plan level land use goals or development standards; b) structural types, ingress/egress and consideration of the Batiquitos Lagoon and Carlsbad Boulevard are not reflected through tangible development standards. 2075 Las Palmas Drive l Carlsbad. California 92009-l 576 l (619) 438-l 161 Seth Schulberg September 30, 1993 Page 2 7. Provisions must be made to ensure that trail segments are constructed pior to &e granting of occupancy for new development. Remonses 1. The type of pro/con analysis desired is not required by Section 21.38.060 (contents of a master plan) or 21.38.120 (master plan amendments). The master plan text does review 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 syuare 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 travel service-commercial uses while the planning area north of Avenida Encinas will be designated a reserve in accordance with Section 21.38.070. The former BLEP grading concept and existing sewer infrastructure will not be required by Poinsettia Shores. Lowering of the existing sewer infrastructure (associated with elevated finished 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 project’s 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 property. The complete BLEP document is also available for review in the Planning Department for continued comparisons with the Poinsettia Shores project. 2. 3. The master plan text includes a section on compliance with the West Batiquitos LCP. All existing provisions and guidelines of the LCP will remain in effect but will reflect the Poinsettia Shores Land uses. The master plan requires each planning area to obtain a Coastal Development Permit pursuant to the West Batiquitos LCP prior to final map recordation. LCPA 91-02 is being processed concurrent with the master plan amendment. Gated communities are allowed in Carlsbad if all applicable standards can be satisfied. Privatization of the residential planning areas in this master plan can be supported because adequate public lagoon bluff access is being provided, in addition to all required public improvements. In addition, gated entrances are allowed as an option in the master plan Final approval of gated entrances will be incorporated into the planning area approval process. Full discretionary review will take place at that time. Furthermore, as required of every planning area, a Coastal Development Permit pursuant to the West Batiquitos LCP must be obtained prior to final map recordation. The review and approval process at the planning area level will assess the appropriateness of all proposed site designs. 4. a) The “Delayed Architectural Review” process was contained in a draft version of the master plan text made available to the Foundatior~ This process allowed tentative map/planned development permit approval with delayed architectural review and has been eliminated from the final master plan. The master plan does not establish architectural themes. Each planning area’s architecture will be proposed concurrent with required specii% permits and will undergo standard permit review and noticing processes including architectural review. Information regarding future development possibilities 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 information for each planning area in the master plan: Seth Schulberg September 30, 1993 Pane 3 b) area description, key map, allowed land use type, amount of dwelling units allowed, site acreage, special development standards, design criteria, review/approval processes, environmental mitigation requirements and special conditions specific 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. 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 175(C), 1989) regarding the subject property by “spreading” the remaining allowed BLEP density over the master plans east side. Given the change in property ownership of the master plan area, the proposed amendment is the fint step to development of the site. The next step will be specific planning 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. d The City’s desire is to maintain compliance with Section 21.38, Planned Community (PC) Zone of the Municipal Code given the property’s PC zoning designation. The PC zone requires a master plan for large parcels in the city (100 acres minimum) and specikally outlines the required objectives and contents of a master plar~ The proposed project complies with the PC zone. Major roadway improvements (the alignment of Avenida En&as-a Circulation Element roadway in the City’s General Plan), the establishment of residential planning areas on the east side, guiding the development of the property on the west side and establishing an open space program are involved with the proposed master plan amendment. Zoning designations may be used to dictate a planning area’s land use or development standards, however, the master plan ensures development and the construction of required public improvements in compliance with the PC zone. The existing PC zoning prevents “straight zoning”. A zone change is not proposed by the applicant nor required by the City. 4 The master plan contains the items required of a master plan as outlined in Section 21.38.060 of the Municipal Code. 5. The new master plan property owners, Kaiza P&settia, 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 property. 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 property righk being pursued by the applicant are within the rquiremenk and limitations of C~Q ordinances and policies. A community benefit will be real&l by the fuElJment of obligations required of the applicant in exchange for development approvals that are not being realized now by the vacant site. These include the construction of major roadway improvements, contributions as required for public facilities by the 2he 9 IJMP, increases to open space areas/buffers and a master plan that will allow less development intensity (in the form of reduced non- residential square footage and approximately half the traffic generation) than the BLEP master plar~ Another community benefit will be realized by the construction of the lagoon perimeter trail that was required of the previous developer but never constructed in Seth Schulberg September 30, 1993 Pane 4 conjunction with the existing R~salina single family subdivision. This trail has received final design approval from the City and is ready to begin construction pending final Coastal hnmission approvaL The Coastal Commission had approved the trail plan but is now re- hearing the item since the approval was appealed by some of the existing Rosalina residents. This effort is being carried out by the Poinsettia Shores applicant in coordination with the City and this nquired.Xity approved trail will form a link in the City’s trail system. 6. a) The intent of the master plan is to retain the travel service commercial uses allowed for the west side. At this time, the applicant wishes to proceed with residential development on the site. Since residential development can not be allowed on the west side at this time, the cuxrently allowed uses are retained. Some development standards are included in the master plan, however, specific proposals will be reviewed at the planning area 1eveL The unplanned reserve area of the west side (area “F”) 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 reserved for future planning efforts. Several discretionary 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 Carlsbad Boulevard. At the master plan level, structural types are Limited to those that would conform to the development standards of Commercial Tourist (Cl”) zone. 7. Where a trail is required, the trail plan is rquired 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 trail. Another pro&ion of the master plan is that no grading, m&cation or alteration of the lagoon blufftop 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 2076 Sheridan Road Leucadia, CA 92024 September 15, 1993 Planning Department RECEIVED City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 SEP? 7 1993 RE: Kaisa/Poinsettia Shores Master Plan CIW OC CARLBBAD PtJkNNINQ DEW. Attention: Eric Munot Dear Mr. Munot: Thank you very much for your presentation about the above project to the Batiquitos Lagoon Foundation on Monday, September 13, 1993. There are a few questions that I would like to ask, and I would like this letter and your answers to be part of the record. Thank you very much. 1) What other properties and/or building projects are expected to drain (now and in the future) into Batiquitos Lagoon through the Kaisa property? 2) At the worst case scenario, what will be the volume of water run-off, and what size of pipes, channels, siltation basins, etc., will be needed to handle that run-off? 3) What'is the expected sedimentation? It is our understanding that if/when Carlsbad bui Ids out as planned, all run-off rest of I-5 and south of the Enoina sewage plant will be directed to Batiquitos Ligoon through the Kaisa property, and will require huge (dOInch) piping and trenching facilities. Sedimentation would be massive, requiring dredg i ng of the middle basin every three years to retain capacity. We have great concern about this drainage plan. We be1 ieve the natural values of the Batiquitos system will be adversely impacted by the constant disruption of the natural Batiquftos system. We would hope that the City and the Resource Agencies rould cooperate in assessing this problem and in working out a less disruptive and more biologically sound solution. C . 4) How many total dwelling units remain to be built on the property? From what you said, 1 figure the allowed number to total 500. This would include the five lots still remaining on the bluffs. 5) Where will the public access trail along the bluff be located? 6) At the meeting, you stated that the existing sewer line along the railroad track would be lowered. HOW much lower will it be? 7) What are the park requirements according to the Car I sbad Growth Management Plan for this development, and how will those requirements be satisfied? Thank you for your attention to these questions and comments. DOlOre6 We1 ty copies to resource agencies and interested parties September 30, 1993 Dolores Wehy 2076 Sheridan Road Leucadia, CA 92024 RE: COMMENTS MADE To THE POINSETTIA SHORES MA!REB PLAN - MP 175(D) Dear Mrs. Welty: This letter is in response to your letter dated September 15, 1993 regarding the above referenced project. Comments 1. What other properties and/or development projects (present and future) drain into the Batiquitos Lagoon through the subject master plan property? 2. Given a worst case/peak episode scenario, what will be the expected volume of water run- off, pipe sizes required, etc.? 3. The natural Batiquitos Lagoon drainage system will be adversely impacted by the direction of run-off from the southwest quadrant of the City at buildout through the Poinsettia Shores site into the lagoon. A less disruptive drainage solution should be considered. 4. How many total units remain to be built on the master plan property? 5. Where is the location of the blufftop public access trail? 6. What will be the extent of the modifications/lowering of the existing sewer infrastructure on the master plan’s east side? 7. What are this project’s park requirements as outlined by the City’s Growth Management Program? 8. Is there a map showing the blufftop buffer/setback areas within the master plan? Remonses 1. The Master Drainage Plan, both the existing ad the forthcoming one, identifies 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 - Carlsbad, California 92009-l 576 l (619) 438-l 161 @ Dolores Welty September 30, 1993 Pane 2 2. 3. 4. 5. 6. 7. These quantices and values were looked at to a degree of feasibility when the Zone g 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 siltation/sedimentation 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 Drainage Plan, the forthcoming Master Drainage Plan and Storm Water Management Plan and all applicable City standards, It is true 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 En&as Creek will flow through the master plan site. These areas have been fully addressed in the above referenced drainage plans. The City 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 Batiquitos Lagoon is based on marine source sedimentation rates, not terrestrial rates. The desiltation structures will be designed to contain coarse terrestrial sediments. The fine terrestrial 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 existing sewer infrastructure associated with the former BLEP project will be lowered to a new grade that will be essentially similar to the existing grade. Given the new alignment of Avenida Encinas and a grading concept iess 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 contributed $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 Aha Mira Park) is being planned by the City to serve the southwest quadrant’s park needs consistent with the City’s Growth Management Program. The park’s site and financing are secured and the City is currently obtaining necessary park development permits. I Dolores Welty September 30, 1993 Pane 3 a. The lagoon bl_ufftop 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 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 ENM:km Associate Planner ur4 I MEMO September 15,1993 To: John Blair, Carlsbad Unified School District From: Dennis Cunningham, Planning Systems Re: Poinsettia Shores Master Plan Comments _--------------------------_------I-------- BackPround * 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 is 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 Amendqent. . . , . . 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 facility adeiquacy 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 is recommended. City staff indicated that because of the land use change from RMH to RM .and a circulation change that the traffic ADT’s 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 is outdated in* the zone plan; “The Curls&d Unified School District has indicated ifs ability to provide cquciiy to the ultimate buildout of Zone 9 through the USC of re-focatables 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 is no longer applicable. Since there is an LFMP Amendment application being processed, I believe it would be appropriate to address the school facility section at this point in the process. c Eric Munoz, City Of Carlsbad-Planning Department 2111 PALOMAR AIRPORT ROAD l SUITE 100 l CARLSBAD. CA 92009 l (619) 9314780 l FAX (61% 931-5744 September 30, 1993 Dennis Cunningham Planning Systems 2111 Palomar Airport Road Suite 100 Carlsbad, CA 92009 -. .’ DRAFT 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. Response 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 respon.se 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 c 27 &-\ ........... r!T;;;;;;;;;~;. .............. .............. .............. .............. . ..... . ..... ..- . \ \ .............. . .............. . . .............. . ............. . .............. a . . 4 1 : \:::::::::::::J/ A .a 0 E= >r s - 0 z .- u z a a $. ‘;; c .- 0” E . LI STAB 0~ ~LWORNIA-THE RESOURCES AGENt, - DEPARTMENT OF FISH AND GAME 330 -lOEN -E. sum x, LONG BEACH. CA WOO2 (310) 590-5113 September 16, 1993 Mr. Eric Munoz City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Dear Mr. Munoz: Mitigated Negative Declaration for the Poinsettia Shore Master Plan SCH 93081049, San Diego County 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 which 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 supports Belding's Savannah sparrow, a state-listed endangered species, and snowy plover, recently listed as federally threatened. To avoid any impacts, thereby 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. Mr. Eric Munoz September 16, 1993 Page Two Thank you for the opportunity to comment on this project. my questions regarding this letter should be addressed to Mr. Tim Dillingham, Wildlife Biologist, phone: (619) 525-4215. at our San Diego office, siyre,+q /X/l FL-y '? Regional Man er Region 5 P cc: Mr. Tim Dillingham 'Wildlife Biologist San Diego, California Mr. Terry Foreman Fishery Biologist Ramona, California Ms. Terri Dickerson Environmental Specialist III 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 Angeles, California Office of Planning and Research State Clearinghouse Sacramento, California California Coastal Commission Long Beach, California September 30, 1993 - Fred Worthley Department of Fish and Game 330 Golden Shore, Suite SO Long Beach, CA 90802 RE: COMMENTS MADE TO THE POINSElTA SHORES MMFER PLAN - MP 175(D) Dear Mr. Worthley: 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 trail, as opposed to the edge of the lagoon itself. 2. The Department also notes the probable introduction of domestic animals concurrent with residential occupancy within the master plan. 3. The various aspects of the Batiquitos Lagoon Enhancement Plan are noted and it is emphasized that this project should not conflict with the implementation of the Enhancement Plan. ResDonses 1. A 100 foot setback will be provided from the lagoon blufftop edge for buffering and visual purposes on the master plan’s east side. This area will also accommodate a public access trail. The west side of the master plan carries forward a 45 foot blufftop setback which may be increased during the review and approval of that individual planning area (area “H”) In response to the comments made by the Deparhnent, the master plan has been revised to require the review and input of Fish and Game relative to this blufftop setback during the review process for area W”. 2075 Las Palmas Drive l Car&bad, California 92009-l 576 l (619) 438- 1161 @ 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 plank stated goals is to be consistent with, and allow the full implementation of, the Batiquitos Lagoon Enhancement Plan. In addition, open space planning area’s within the master plan (“I”, “K” and “L? specifically contain this provision. Your letter and this corresponding response letter wilI 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 ENM:klll LTR6 PLANNING COMMISSION October 20, 1993 PAGE 14 Motion was made by Commissioner Erwin, and duly seconded,. to adopt Planning Commission Resolution No. 3559, recommending approval of the amendment to the Zone 11 and 12 Local Facilities Management Plans, based on the findings contained irman Noble, Commissioners Erwin, Hall, Savary, and Welshons Due to the late hour, C item #5. an Noble polled the Commission about the possibility of continuing Agenda Doug Avis, representing the a nt, addressed the Commission and stated that this item contains no controversial issues. He would e being heard tonight because the Master Plan is on a tight schedule. He inquired if Agend could be continued instead. ACTION: Motion was made ioner Welshons, and duly seconded, to continue the Poinsettia Shores to November 3, 1993 and heard as the first item. VOTE: 3-3 AYES: Commissioners Erwin, Sav NOES: Chairman Noble, Commissi ABSTAIN: None Commissioner Hall stated that he voted against a c through this long meeting and he feels they should e because this applicant has patiently waited later than lo:30 p.m. he wants to close the meeting no An amendment allow residential density increases above the maximum residential ies permitted by the City’s Local Coastal Program segments to enable the development of lo me affordable housing. ACTION: Motion was made by Commissioner Erwin, and duly second continue LCPA 93-02 to November 3,1993. VOTE: 6-O AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and W NOES: None ABSTAIN: None 5. MP 175(D)/GPA 91 -OS/LCPA 91-02/LFMP 87-09(A) - POINSETTIA SHORES MASTER PLAN - Request for the approval of a Mitigated Negative Declaration, General Plan Amendment, Master Plan 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 l-5 freeway, east of Carlsbad Boulevard, in Local Facilities Management Zone 9. Eric Munoz, Associate Planner, reviewed the background of the request and stated that the Poinsettia Shores Master Plan is an area north of the Batiquitos Lagoon, west of l-5, and east of Carlsbad Boulevard. This is the master plan property which was formerly the Batiquitos Lagoon Educational Park. The MINUTES PLANNING COMMISSION October 20, 1993 PAGE 15 Educational Park (BLEP) involved educational and related uses. The Poinsettia Shores Master Plan proposes t0 fOllOw through on a 1989 City Council master plan amendment which specifically stated that if an educational use is not part of this master plan property, the remaining residential density will be spread Over the east side, a neighborhood commercial use on the west side would be eliminated, and the master plan property can be developed in that manner forward. Specifically, the entitlements involved with this Project include a Master Plan Amendment, a General Plan Amendment, a Local Coastal Program Amendment, an amendment to the Local Facilities Management Plan for Zone 9, and a recommendation Of approval of a Mitigated Negative Declaration. He reviewed each entitlement. * The Master Plan Amendment (MPA) will replace the educational and related land uses with residential uses. There will be a new circulation alignment for Avenida Encinas. The BLEP Master Plan had a ring road and the new alignment proposed by Poinsettia Shores eliminates the ring road and extends the existing Avenida Encinas westward across the railroad track, adding a new intersection at Carlsbad Boulevard. The new intersection will be approximately 600 ft. south of the Ponto underpass. The MPA complies with inclusionary housing requirements for affordable housing units. Planning Area D will be the designated area for the affordable housing units. The remaining residential density on the east side of the master plan is 451 dwelling units left over from the BLEP Master Plan. Poinsettia Shores will be pursuing those units as well as a 25% density bonus. The MPA will guide the planning and development of planning areas within the master plan. * The General Plan Amendment (GPA) will adjust the general plan designations to reflect the residential land uses and the land uses changed by the MPA. There will be no decrease in general plan designed open space with the master plan. Overall, the MPA is consistent with the City’s General Plan, i.e the Housing Element, the Land Use Element, and the Open Space Element. * The Local Coastal Program Amendment (LCPA) reflects the land use changes made by the MPA. It is consistent with the Coastal Act and the provisions for a local coastal program segment in this area of the City. Each planning area is required to obtain a coastal development permit before that planning area receives its final map recordation. * The Local Facilities Management Plan Amendment (LFMPA) amends the existing Zone 9 LFMP to reflect new circulation conditions. All other facilities and services required by the master plan will be provided. A financing plan is required for the master plan prior to the first final map. The LFMPA is consistent with the City’s growth management ordinance. * The environmental review for this project includes a Mitigated Negative Declaration. The master plan property already has a certified EIR with the BLEP Master Plan. The potential impacts addressed by the Mitigated Negative Declaration involve cultural resources, visual impacts, and noise impacts. The Mitigated Negative Declaration establishes a mitigation program which is then implemented by the master plan. Each planning area triggers when environmental mitigation conditions are required for the development of that planning area. Staff recommends approval of the project, based on the findings and subject to the conditions contained in the staff report, including the two errata sheets dated October 18, 1993 and October 20, 1993 respectively. At the request of Commissioner Erwin, Mr. Munoz reviewed each of the changes on the two errata sheets. Commissioner Hall inquired if Engineering staff would like to add any information on the drainage situation. Mr. Wojcik replied that drainage is addressed in the staff report. There is also an engineering staff memo dated September 27, 1993 which states that they disagree with the contentions in the letters submitted by Louis Taschner dated September 1 and 13, 1993. They also point out the non-feasibility of some of the design changes therein. They have also looked at the elevations and falls necessary as well MINUTES October 20,1993 PAGE 16 as the capacity of the existing desiltation basin and engineering staff does not feel that it will work. Engineering staff is therefore recommending that the applicant follow the existing master drainage plan. Commissioner Erwin stated that the Commission has received another school board letter dated October 20, 1993 which is 27 pages long. The letter states an objection to issuance of a Mitigated Negative Declaration without a proper environmental evaluation of the projects effect on the school district. Basically, it sounds as though they are raising the same objections as they did in Zone 24. Gary Wayne, Assistant Planning Director, stated that CUSD is raising different issues on this one. It is Staff’s understanding that the LFMP dealt with school issues. He thinks there is a misunderstanding by the CUSD attorney. He thinks they have made some error in this document and the environmental documentation for the project stands. The project is a reduction in intensity all the way around for all facilities, including school facilities. Staff is recommending approval of the Mitigated Negative Declaration. Commissioner Erwin stated that the previous applicant was going to be building graduate facilities. Mr. Wayne replied that the residents of the dwelling units are the same as before. However, there is a reduction in the demand by non-residential units. Staff feels the letter is inaccurate but the attorneys are not present tonight to clear the issue up. Commissioner Welshons inquired if there are more students involved. Mr. Wayne replied that it is the same number of units but there is a density bonus allowed by state law and he thinks that may be causing the confusion. It is the same impact for the dwelling units but a reduction in the non-residential units. He noted that non-residential units also generate students. Commissioner Erwin is concerned about the houses facing the lagoon. He feels that the Sammis project was a visual disaster. He inquired if there has been any discussion about the homes facing the lagoon be single story. Mr. Munoz replied that no agreement has been reached requiring single story homes along the lagoon rim. The master plan, as well as the Mitigated Negative Declaration, require the establishment of development standards specifically designed to mitigate any visual impacts but nothing specific has yet been put on the table. Since this is a master plan, it is still only a broad picture. Development of planning areas will have to be consistent with the master plan. Commissioner Erwin referred to page 75b regarding architectural plans and stated that he would like to see some restrictions placed on the project. Mr. Munoz replied that staff feels there are adequate controls for discretionary approval. There is no method for the architectural plan amendment process to expand its scope. Commissioner Erwin inquired about the possibility of increased square footage. Mr. Munoz replied that since there are no floor area ratios established in the city, staff is unable to arbitrarily come up with a ratio. He thinks that some flexibility has been allowed in the architectural amendment process. The applicant may wish to address this issue in his remarks. Commissioner Erwin inquired about Planning Area D and noted that it is 233% over the growth control point. He is also opposed to having segregated recreational areas for those living in the affordable housing units. Mr. Munoz replied that the provision for private recreational facilities within the affordable housing planning area are made in the master plan. However, the affordable housing residents would be prevented from using the other private recreational facilities in Planning Area M. Perhaps the applicant can discuss this issue. All affordable housing provisions made in the master plan are in compliance with city regulations. Commissioner Erwin requested staff to describe the setbacks in Planning Area B. Mr. Munoz replied that the side setback will be a minimum of 5 ft.; the front setback will be a minimum of 10 ft.; if a garage faces out onto the street, the front yard setback will be 20 ft. consistent with City requirements; the rear yard MINUTES PLANNING COMMISSION October 20, 1993 PAGE 17 setback will typically allow a 15 ft. by 15 ft. private recreational area. These setbacks are similar to an RD-M zone. Commissioner Welshons inquired if the back yard setback does not count for private recreation, can it be less than that. Mr. Munoz replied that 10 feet would be a minimum rear yard dimension; however,, staff would have to make sure that there is a 15 ft. x 15 ft. private recreation area supplied somewhere else. Commissioner Erwin inquired about the letter from Mr. Sammis which requests a permanent interchange at Ponto Drive. Mr. Wojcik replied that when Avenida Encinas goes in over the railroad tracks and makes its connection with Carlsbad Boulevard, the existing Ponto ramps would be closed off. Mr. Sammis wants a permanent interchange installed at Ponto Drive in addition to the Avenida Encinas connection. Since a permanent interchange at Ponto Drive is not needed to serve the Poinsettia Shores Master Plan, staff does not feel it should be a condition of this master plan. Mr. Sammis also talks about the bridge over the railroad tracks and allowing that western portion to develop ahead of the bridge construction. Staffs comment to that is that this is one master plan and they cannot carve it up. Commissioner Erwin inquired if staff had a response to Mr. Taschner’s letter. Mr. Wojcik replied that Mr. Taschner is claiming that the City once diverted water which is aggravating the drainage problem. The City disagrees that there has been a water diversion. The main portion of Mr. Taschner’s letter goes into an alternate design that he proposes. All the water from the drainage basin that flows to the south collects along the railroad tracks on the east side. It then crosses the track via a culvert. His proposal is to build a major drainage facility diagonally across the master plan area to get to the desiltation basin. That desiltation basin was designed to handle its own drainage and was not designed to handle a diversion from another drainage basin. Mr. Taschner’s proposal would also require a storm drain to be located 40 ft. below the surface, which is excessive. The existing master drainage plan allows for the water to drain into a new desiltation basin designed to handle the capacity of its drainage basin. In addition, by following Mr. Taschner’s proposal, it would encroach into a significant environmental area whereas the existing drainage plan would not. Commissioner Erwin inquired if Mr. Schreiber, Mr. Taschner’s client, will be required to provide his own drainage facilities. Mr. Wojcik replied that staff recently learned that the Schreiber’s have constructed a spillway and drainage basin area themselves. Staff is currently working with them and the Coastal Commission regarding grading violations, Commissioner Erwin stated that he had received a call from Dean Mitchell of the mobile home park, stating that he supported the project. He was not aware of any flooding in the southwest corner. That problem may have been solved. Chairman Noble opened the public testimony and issued the invitation to speak. Doug Avis, 6670 El Camino Real, Carlsbad, Project Director for the Kaiza-Poinsettia project, addressed the Commission and stated that he spent many hours with the school district and he has an agreed-upon mitigation plan. The agreement goes before the School Board tomorrow evening. In the CUSD letter dated October 12, 1993, the final paragraph on page two states that they have no objection with the Master Plan approval. The mitigation agreement should be signed well in advance of this reaching City Council. Mr. Avis stated that he has also spent hours with representatives of Lakeshore Gardens. He thinks they understand the plan because they have indicated that they have no objections to is. They also spent a great deal of time with the Rosalina Homeowner’s Association and have worked out an agreement with them also. Mr. Avis stated that he feels this residential area will be the best between La Jolla and Oceanside. It is non-controversial and does not involve the Rosalina Trail. Poinsettia Shores will be building their own trail. The drainage will be built as engineering staff has indicated it should be built. Mr. Taschner is a long-time resident but he thinks his problems will be resolved as the Ponto area develops. He will be working on the housing area along the lagoon rim over the next five months and he assured the MINUTES CORRECTED PLANNING COMMISSION October 20,1993 PAGE 18 Commission that there will be less visual impacts than on the Rosalina project. Regarding the circulation iSSue about Avenida Encinas and Ponto Drive, his goal was not to interfere with Ponto. The ConnectiOn to Ponto is an interim connection. There is plenty of room for all three intersections, Avenida Encinas, POnto, and Poinsettia, with future buildout of the area. Commissioner Erwin inquired if he would be willing to accept a condition that all homes facing the lagoon will be single story. Mr. Avis requested that he be given a shot at it before adding the condition. Commissioner Erwin inquired about Planning Area D not being able to use other recreational facilities. Mr. Avis replied that rents on affordable housing generate only 22% of total costs. The remainder of the costs are subsidized. This will be a small project and once you charge them for maintenance of the facilities, you drive the rents up further. From a moral standpoint, this may not be the right thing to do but he doesn’t have an answer. He could accept a condition that it be reviewed at Tentative Map time. Commissioner Erwin stated that according to Mr. Taschnerls letter, Poinsettia Shores will be required to relocate gas lines and do extensive grading near the railroad tracks. Mr. Avis replied that he is aware of what needs to be done and necessary amounts are included in the cost estimates. Commissioner Erwin stated that the letter from CUSD dated October 20, 1993 states that they do have an objection. Mr. Avis replied that their letter of October 12, 1993 stated that they have no problem with it. Now we are dealing with a CEQA issue. The school district voted for a CFD but received no votes. We will have this problem until the City Attorney takes a position or the November election gives them a decision. Karen Hirata, Deputy City Attorney, stated that the City Attorney has taken a position that he &$& disagrees with the legal analysis of the school district. However, it is a very complicated legal issue. Until those differences are settled, negotiation will have to take place. The CUSD attorney is primarily preserving their legal rights even though they anticipate reaching an agreement with Mr. Avis on Friday. Ken Wang, 6188 Cardeno Drive, La Jolla, representing the property owners on Ponto Drive, addressed the Commission and stated that in addition to residents, there are several business along Ponto Drive. The street is substandard at only 16 ft. There are two consecutive sharp turns. They don’t have sewer service and all are on septic. The size of most of the properties are 7,000 sf. and they are having trouble with their septic systems. They also pay property taxes but they receive substandard services from the City. The applicant has never contacted any of the property owners he represents. The applicant contends that only 3% of the cars will be using Ponto Drive. Mr. Wang feels it will be far more than that because people will use Ponto Drive as a shortcut to reach Carlsbad Boulevard. There are no street lights along Ponto Drive and with the two sharp turns very close together, it is very dangerous in foggy weather. Several children have had near misses. The residents of Ponto Drive are requesting that their street be widened to a standard size road with sidewalks. They would also like to be connected to the sewer. Mr. Wang stated that Poinsettia Shores wants the junction of Avenida Encinas right in the middle of their property because of the commercial venture. There are also businesses along Ponto Drive. A major street should be appropriate for all people. They are making it very difficult for the residents of Ponto Drive to get in and out. He thinks the connection will be temporary for 10 years. He doesn’t think the City should allow a temporary connection or that Avenida Encinas should connect to Carlsbad Boulevard as proposed. He urged the Commission to protect the safety of the residents of Ponto Drive and provide them with city services so that their property values do not decrease. Dolores Welty, 2076 Sheridan Road, Leucadia, addressed the Commission and stated that she is a member of the Batiquitos Lagoon Foundation. She is concerned about the trail. She would also like to know if the project provides 15% open space in addition to the environmentally constrained open space. She stated that it sounds to her like the majority of the project will have zero lot lines and no park. She would like to know what happened to the $1 million line of credit Mr. Sammis put up to ensure that there would be a park in that area. She is also concerned about the drainage from Encina. She asked the MINUTES PLANNING COMMISSION October 20, 1993 PAGE 19 Commission to be sure there is a condition to provide financing for cleaning the desiltation basin. She is not in favor of increased density to provide low cost housing. Low cost housing doesn’t stay low cost. After 10 years it reverts to market value. She feels we need to make sure the units remain affordable for longer than 10 years. Chairman Noble advised Ms. Welty that it is the purvue of the Housing Commission to review affordable housing issues. He assured her that the affordable housing units are destined to remain affordable for approximately a 50 year range. Ron Moss, 7571 Navigator Circle, Carlsbad, addressed the Commission and stated that he lives on the lagoon side of the property. He has reviewed the master plan and thinks it is complete. When the Commission looks at the housing designs later, he hopes they will pay particular attention to the homes in Planning Area A-4 because it is important to preserve the views for other areas. He hopes the applicant will propose one-story homes there. Lou Taschner, 1533-D South Hills Street, Oceanside, addressed the Commission and stated that he is an attorney representing Dale and Donna Schreiber, who own Ponto Storage. He reviewed his recommendations to improve the drainage in the Ponto area and his remarks are typed and on file in the Planning Department. Don Sammis, 5217 Linea de Cielo, Ranch0 Santa Fe, addressed the Commission and stated that he is not in favor of a temporary connection at Ponto Drive and Avenida Encinas. He thinks further investigation needs to be done. Due to the late hour, he did not go into a lot of detail but stated that his letter dated October 20, 1993 contained all of his objections and the reasoning therefor. Commissioner Erwin inquired if he is recommending that we withhold approval on this project until there is a better solution for Ponto Drive. Mr. Sammis replied that it needs to be studied further. Chairman Noble allowed Mr. Avis to respond to the Ponto Drive intersection. Mr. Avis returned to the podium and stated that he agrees that the entire Ponto area needs to be addressed, however it is not part of this project. If Ponto Drive needs a solution, the property owners should get together and get it resolved. He reiterated that those properties are outside of the Poinsettia Shores Master Plan. He would also like to see the interim road go away but he does not feel it is his problem. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony’closed and opened the item for discussion among the Commission members. Commissioner Erwin stated that he has far too many questions to cover them all tonight. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to continue the Poinsettia Shores Master Plan to November 3, 1993. VOTE: 5-l AYES: Chairman Noble, Commissioners Betz, Erwin, Savary, and Welshons NOES: Commissioner Hall ABSTAIN: None ADDED CTEMS AND REPORTS: Gary Wayne, Assistant Pla‘n‘mng that the Hill Administrative Variance has been appealed and will be Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: November 3, 1993 Place of Meeting: CITY COUNCIL CHAMBERS DRAFT CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Welshons. ROLL CALL: Present: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber, and Welshons Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Jeff Gibson, Associate Planner Eric Munoz, Associate Planner Bobbie Hoder, Senior Management Analyst Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Commissioner Erwin requested a correction to the Minutes of October 20,1993 on page 6, paragraph 3, to strike the words “and appraiser”. Commissioner Erwin also requested that the last sentence of paragraph 7, page 8, be corrected to read: “He noted that a cellular antenna site is located just down the street from the Mayor’s home.” Karen Hirata, Deputy City Attorney, requested that the first sentence of paragraph 6, page 18, be corrected to read: ” . ..the City Attorney has taken a position that he disagrees with the legal analysis of the school district.” ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of October 20, 1993, as amended. VOTE: 6-O-l AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons NOES: None ABSTAIN: Commissioner Schlehuber CONTINUED PUBLIC HEARING: MP 175(DVGPA 91-05/LCPA 91-02/LFMP 87-09(A) - POINSETTIA SHORES MASTER 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 MINUTES -DRAFT PLANNING COMMISSION November 3, 1993 PAGE 2 and related land uses of the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with residential uses and retain the travel services-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 l-5 Freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9. Commissioner Schlehuber stated, for the record, that he had reviewed the Minutes of the last meeting and intends to participate. Chairman Noble inquired of staff if anything had changed since the last meeting to warrant reopening the public testimony. Eric Munoz, Associate Planner, replied no. Mr. Munoz, reviewed the background of the request and stated that during the public testimony at the last meeting, five speakers had addressed various issues of the project. He proceeded to respond to each issue as follows: . Environmentally Constrained Lands included in Open Space (Dolores Welty) - The Citywide facilities plan has determined that this facilities zone already meets the standard and does not need to supply an additional 15% of open space. The lagoon open space (already dedicated) was a project requirement, separate from growth management. . Park Fees (Dolores Welty) - It has been determined that park fees paid previously are adequate to cover the park requirement for this Master Plan. The previous property owner paid in excess of $1 million to develop Poinsettia Park. The City is currently pursuing permits for the development of Poinsettia Park. * Trail (Dolores Welty) - The trail will traverse along the lagoon bluff top by the railroad right-of-way and will then cross the tracks with the Avenida Encinas alignment. It will follow the roadway to Carlsbad Boulevard and, at that point, will hook up north and south with the Citywide trail system. . Lot Sizes in Planning Area A-4 (Dolores Welty) - The minimum lot sizewill be 5,000 s.f. For comparison, the average Rosalina lot size is approximately 3,600 s.f. The code allows 3,500 s.f. Planning Area A-4 will be the subject of specific and special development standards to mitigate visual impacts to insignificance. Although those standards have not yet been developed, the Master Plan requires that there will be at least a 100 ft. setback from the bluff top, which is more than double the setback of Rosalina. Other standards will be developed in the near future and could include single story homes or additional setbacks along the bluff top. s View Protection for Rosalina (Ron Moss) - There is no Citywide view protection for private property; therefore, there is no view protection regulation which would apply to this Master Plan. Staff attempts to work with applicants during the review process to preserve the views as much as possible. Mr. Munoz concluded his comments by reviewing Errata Sheet #3 dated November 3, 1993 which addresses a comment from the State Lands Commission regarding their role with the dedicated lagoon and wetland open space and any desiltation basin or drainage facilities which may be construction on that public land. The master plan text was revised to include review and approval by the City of Carlsbad and any affected resource agencies, including the State Lands Commission. Bob Wojcik, Principal Civil Engineer, addressed the engineering issues which were brought up at the last meeting as follows: * Traffic Impacting Ponto Drive (Ken Wong) - The traffic report for the project estimates 672 average daily trips would originate from the Ponto area and travel south into the master plan area. There was no PLANNING COMMISSION November 3, 1993 PAGE 3 evidence that any measurable amount of traffic would originate from the master pian and use the circuitous route which Mr. Wong described. . Septic System in Ponto Area (Ken Wong) - There is a sewer line available to Ponto residents. It is located in the railroad right-of-way. Since the master plan doesn’t affect or inhibit that area of the sewer line, staff does not believe it would be appropriate to require this master plan to connect residents located outside the master plan to the sewer line. . Funding Mechanism for Desiltation Basin (Dolores Welty) - There is a standard engineering provision to provide funding for maintenance and periodic cleanings of permanent desiltation basins. . Drainage Issues (Lou Taschner) - Since the diversion of water which Mr. Taschner spoke of has nothing to do with this master plan, staff does not feel it would be appropriate to comment on it. However, as regards the plans for this master plan. to construct a storm drain on the west side of the railroad tracks rather than the east side, this issue will be resolved during the tentative map review process. Since the conditions of approval require that a financing plan for major facilities must be approved with the first final map, and the cost cannot be estimated without an appropriate design for the drain, additional environmental review will be done at that time to determine if the City’s location for the desiltation basin on the west side of the railroad tracks is environmentally preferred to a desiltation basis on the east side of the tracks, which Mr. Taschner has proposed. . Permanent Ponto Interchange (Sammis) - Since that permanent solution would be located in an area being designated as nonresidential reserve, it will require a master plan amendment. Staff does not know what the development for that area will be. Staff feels it is appropriate for the Ponto Drive interchange to be addressed with the master plan amendment when it comes in with a development plan so that staff can determine the best design. Commissioner Hall inquired if a desiltation basin might be needed on both the east and west side. Mr. Wojcik replied that it is possible, however that will be determined during the tentative map review process. Commissioner Erwin inquired about the restriction of access to community recreational facilities for Planning Area D residents which he questioned on the basis of morality and common sense. He requested a legal opinion. Karen Hirata, Deputy City Attorney, replied that it is not illegal or discriminatory. Since the language is definite and certain that the residents will be excluded and the fees will be lower, it does cut into the jurisdiction of the Housing Commission by binding their hands when it comes time to create an affordable housing agreement. Commissioner Erwin does not see it the same way. He sees a select group of people being restricted from an action. Ms. Hirata replied that the applicant cannot discriminate on the basis of race, sex, or disability. The economic situation of a person does not create a suspect class under constitutional law. There must be a rational basis for the action and the applicant has stated that they are going to lower the homeowner association fees to keep the project affordable. That does not show any type of discriminatory intent for protected classifications. Commissioner Ennrin asked what wording she would recommend to eliminate tying the Housing Commission’s hands. Ms. Hirata stated that it could be changed to state “may be restricted” instead of “will be restricted.” That way, at the time the actual agreement is worked out, the City could examine their policy and determine if they want to restrict people in this manner. Commissioner Savary believes that restricting children from one recreational facility or another might be difficult to enforce. Ms. Hirata stated that it might be discriminatory if there was a restriction for persons living within the same apartment complex, i.e. only certain persons in the complex would be allowed to use FT PLANNING COMMISSION November 3, 1993 PAGE 4 the pool, etc. Here, where there is a whole separate area, it would be like having ~0 separate homeowner associations. There will be different dues and different areas of responsibility. The recreational facility with the higher dues might include a pool and tennis courts, whereas the facility with lower dues would only have a pool. Chairman Noble commented that in south Lake Tahoe there are several condominium complexes located side by side. Fees are paid according to the amenities. If you don’t have the appropriate pass, access is restricted. Commissioner Savary inquired about the Travel Service-Commercial zone on the east side of Carlsbad Boulevard. If .a hotel or high rise office complex were to be built there, it would seriously affect the views of the residents across the railroad tracks. She thinks that lots whose view would be affected should be deed noticed that this could happen. Eric Munoz, Associate Planner, replied that there is no change to the Travel Service-Commercial zone and it is not part of the Master Plan Amendment. It was a previously allowed land use. Anyone who purchased a lot in Rosalina did so knowing that there would be an educational park and hotel conference center, although many of these uses are now going away. Commissioner Savary inquired if a deed notice could be required. Mr. Munoz replied that this could be placed on the planning area if the Commission wishes. The height limit maximum would be 45 ft. for the CT zone. Commissioner Schlehuber inquired if there is one property owner now who will have their view blocked. Mr. Munoz replied that he might be thinking of Mr. Ron Moss who spoke at the last meeting. Mr. Moss is a resident of Rosalina and is one of 70 homes. Commissioner Welshons referred to a comment made by Mr. Wong at the last meeting. Mr. Wong stated that the interim connection cuts through a prime area and potentially diminishes their opportunity to develop commercially. She asked staff to comment on the property which lies north of the commercial zone and how this problem can be mitigated. Mr. Munoz replied that public improvements are triggered by development. The lack of development in that area reflects the lack of public improvements. The Ponto area is not part of this master plan. That area has a Q overlay which requires a site development plan and full discretionary review, including an environmental review. Gary Wayne, Assistant Planning Director, added that all of those properties with the exception of one small enclave, are a combination district having multiple designations. They would require a specific plan for development. With that specific plan, it would address how that whole area would redevelop. This would be in addition to what Mr. Munoz stated would be required. Commissioner Hall can see the possibility of a high rise commercial use in the future which could block views. He stated that it might save a lot of headaches to deed notice the lots now before the commercial use is determined. Mr. Wayne replied that it may not be a bad idea. Staff hopes that when people buy into an area that they look at the entire master plan, but that is often not the case. This particular property will be developing from the east to the west. When the west side develops, the views will no doubt be blocked. . Chairman Noble stated that, regardless of notice, the height would be legal. Mr. Wayne replied that this is correct. Anything built to the west will block the views of someone. Commissioner Schlehuber commented that once notice is given, it is difficult to stop. If you give notice to some areas and not others, people feel their rights have been violated. If the Planning Commission is going to start requiring notice, some guidelines need to be developed. Although he thinks notice is a nice idea, he thinks it can be dangerous and could create problems in the future. MINUTES AFT PLANNING COMMISSION November 3, 1993 PAGE 5 Commissioner Erwin Stated that he would like to hear from the applicant regarding his request to have all homes facing the lagoon as single story. Doug Avis, 6670 El Camino Real, Carlsbad, representing Kaiza-Poinsettia, applicant, addressed the Commission and stated that he recognizes the need for sensitivity along the bluff top. Accordingly, they have agreed to double the setback. However, he thinks this is the wrong time to deal with product design. It is a known fact that nothing looks worse than to have all single story on one side of the street and all two-story on the other side. As a result, he would prefer to go back to the drawing board and design the product type with all considerations in mind. He thinks it may be possible to have some two story homes which resemble single story from the rear. It would entail placing the second story along the front side, nearest the street. He requested that a condition for single story not be placed on the project at this time. He is aware of the Commission’s wncerns and will work to achieve the necessary results. Commissioner Hall inquired about deed notice for view blockage. Mr. Avis replied that residents of Rosalina know what they bought into. He has met with them on more than one occasion and there is no contention. He agrees with Chairman Noble that the buyer has some responsibility to know what will happen around them. He would ask that deed notice not be included as a condition since the Department of Real Estate requires the applicant to issue a public report explaining those issues. Commissioner Erwin stated that he could not support the project unless two changes are included. He wants (1) a condition requiring single story homes facing the lagoon; and (2) a change to the recreational access for Planning Area M-l A. Commissioner Erwin was under the impression that affordable housing would assimilate people into the community but this project seems to segregate them. Commissioner Welshons stated that when she wanted single story homes in the Carrillo Ranch project, she was frequently reminded that this comes up when the tentative map comes forward. She asked Commissioner Erwin if he could wait for the specific plan. He replied that he could not. Chairman Noble stated that the Master Plan Amendment adheres to the code and the applicant will be required to come back before the Commission again. He agrees with the comments made by Mr. Avis about having single story on one side of the street and two story on the other. He can support the project as it has been presented, without revision. Commissioner Schlehuber can also support it as it presently exists, although he is not excited about the densities. However, it does meet the requirements, so he can support it. ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 3551 recommending approval of the Mitigated Negative Declaration, and adopt Planning Commission Resolution Nos. 3552, 3553, 3554, and 3555, recommending 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, including the changes noted on Errata Sheet #l dated October 18, 1993, Errata Sheet #2 dated October 20, 1993, and Errata Sheet #3 dated November 3, 1993, plus a deletion under Planning Area Ml -A. VOTE: l-6 AYES: Commissioner Welshons NOES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Schlehuber ABSTAIN: None MINUTES DRAFT PLANNING COMMISSION November 3,1993 PAGE6 ACTION: Motion was made by Chairman Noble, and duly seconded, to adopt Planning Commission Resolution No. 3551 recommending approval of the Mitigated Negative Declaration, and adopt Planning Commission Resolution Nos. 3552, 3553, 3554, and 3555, recommending 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, including the changes noted on Errata Sheet #l dated October 18, 1993, Errata Sheet #2 dated October 20, 1993, and Errata Sheet #3 dated November 3, 1993. VOTE: 5-2 AYES: Chairman Noble, Commissioners Betz, Hall, Savary, and Schlehuber NOES: Commissioners Erwin and Welshons ABSTAIN: None LCPA 93-02 - RESIDENTIAL DENSITY INCREASES - AFFORDABLE HOUSING - An amendment of the City’s six Local Coastal Program segments to add a new land use policy which would residential density increases above the maximum residential densities permitted by the City’s Coastal Program segments to enable the development of lower-income affordable housing. lanner, reviewed the background of the request and stated that on April 13, 1993, a General Plan Amendment to the Land Use Element (GPA 92-08) to add a new Development Plan 3-02 is a follow-up to GPA 92-08 and would amend all of the City’s six Local Coastal Program ( Properties, West Batiquito land use policy to each of LCP segments. Pursuant to Section 30514 of the Public Resources Code, this Local Coast ram Amendment (LCPA) is necessary to bring the City’s LCP segments into conformance with the mended Land Use Element. Commissioner Hall inquired what trigger P in the Steiger project. Mr. DeCerbo replied that the Senior Housing Ordinance allows senior ho to 75 du’s/ac with a CUP. e senior housing: Mr. DeCerbo replied that it would not. Commissioner Hall inquired about the maximum density. eCerbo replied that a maximum density was not stated because staff wanted to be flexible. The Densi us Ordinance would allow a minimum 25% density increase. Commissioner Hall stated that he thought we were trying to steer away igh densities. However, he is starting to see a different trend and it troubles him to see such hig He is concerned and would like to close the door. Gary Wayne, Assistant Planning Director, rep responsibility to make a 25% density bonus. If we are going to have the 25% in staff must make certain findings. There is no way to close that door. Commissioner Savary inquired how the density can be increased without exceeding th DeCerbo replied that staff is monitoring all density increases. They will not exceed the quadrant dwelling unit caps. Staff will keep the Commission informed. no. Chairman Noble opened the public testimony and issued the invitation to speak. MINUTES - NOTICE OF PUBLIC HEARING POINSETTIA SHORES MASTER PLAN MP-175(D)/GPA 91-S/LCPA 91-2/LFMP 87-9(A) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, January 4, 1994, to consider a request for 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 I-5 freeway, east of Carlsbad Boulevard, in Local Facilities Management Zone 9, and more particularly described as: All of lots 1, 2, 3, and 4 of Parcel Map No. 13653 as filed in the Office of the County Recorder of San Diego County, January 31, 1985, with a portion of the west half of Section 33, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego. If you have any questions regarding this matter, please call Eric Munoz in the Planning Department at 438-1161, extension 4441. If you challenge the Mitigated Negative Declaration/Master Plan Amendment/General Plan Amendment/ Local Coastal Program Amendment and/or Local Facilities Management Plan Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Kaiza Poinsettia Corporation PUBLISH: December 16, 1993 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEAEUW- ‘- NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 20, 1993, to consider a 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 I-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9 and more particularly described as: All of Lots 1,2,3, & 4 of parcel map #13653 as filed in the Office of the County Recorder of San Diego County, January 31, 7 985 with a portion of the west half of Section 33, ‘I’ownship 12 Soutlr, IXa~rgc 4 WPSI, S.13.II.M. in the City of Carlsbad, San Diego County Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 13, 1993. If you have any questions, please call Eric Munoz in the Planning Department at 438-l 161, ext. 4441. If you challenge the Mitigated Negative Declaration/General Plan Amendment/Master Plan Amendment/Local Coastal Program Amendment/Local Facilities Management Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE MP 175(D)/GPA 91-OS/LCPA 91-02/LFMP 87-09(A) CASE NAME: POtNSETTIA SHORES MASTER PLAN PUBLISH: CARLSBAD SUN OCTOBER 7, 1993 BLADE CITIZEN OCTOBER 8, 1993 d” CITY OF CARLSBAD PLANNING COMMISSION A Tr.lice has been mailed t0 c, i /- ropefty owners/occupants : . -- City of Carlshad \\! m ----Lm--‘. -2 I RAI‘Inr II’IY~C 1 AC2Mhl “I.“““‘. POINSETTIA SI I HbRES MASTER PLAN M I CD, IF’ 175(D)/GPA 9%05/ , Lw, A 91-02/LFMP 87-09(A) I : l-t; 0 rdco ” .a 0” a Llc-4 Ixi” u ,.... . - LOUIS TASCHNER 1533 SOUTH HILL ST #D OCEANSIDE CA 92054 DOLORES WELTY 2076 SHERIDAN ROAD LEUCADIA CA 92024 JOHN BLAIR CSBD UNIFIED SCHOOL DIST 801 PINE AVENUE CARLSBAD CA 9200%2439 PLANNING DIRECTOR CITY OF ENCINITAS 505 S. WLCAN AV ENCINITAS CA 92024-3633 POINSETTIA SHORES NOTICE LIST October 6,1993 ROGER CARLIN CALTRANS 2829 JUAN STREET SAN DIEGO CA 92110 DENNIS CUNNINGHAM PLANNING SYSTEMS 2111 PALOMARAIRPRTRD #lOO CARLSBAD CA 92009 CMWD 5950 EL CAMINO REAL CARLSBAD CA 92009 KAIZA POINSETTIA CORF 7220AVENIDAENCINAS #200 CARLSBADCA92009 SETH SCHULBERG BATIQUITOS LAGOON FND PO BOX 3103 CARLSBAD CA 92008 FRED WORTHLEY DEPT OF FISH & GAME 330 GOLDEN SHORE #50 LONG BEACH CA 90802 SANDIEGOCOUNn DEPTOFPLANNING 5201RUFFINRD,STE "B" SANDIEGO CA 92123 . 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CARLSBAD CA 92009 GREENEVILLE TN 37744 CARLSBAD CA 92009 EWENS WILLIAM PLYVONNE A LORENZ ALHADEFF CANNON&R0 BATIQUITOS BLUFF 7556 NAVIGATOR CIR C/O KEITH R SOLAR P 0 BOX 9523 CARLSBAD CA 92009 220 W C STREET RANCH0 SANTA FE CA 92067 SAN DIEGO CA 92101 BATIQUITOS BLUFF BATIQUITOS BLUFF BATIQUITOS BLUFF P 0 BOX 9523 P 0 BOX 9523 P 0 BOX 9523 RANCH0 SANTA FE CA 92067 RANCH0 SANTA FE CA 92067 RANCH0 SANTA FE CA 92067 WHEELER RICHARD T&SHERRY JACKMAN MICHAEL H&CYNTHIA MOSS RONALD C&JOAN L 7567 NAVIGATOR CIR 7569 NAVIGATOR CIR 7571 NAVIGATOR.CIR CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 RABOURN OWEN N&CAROL F GROOMER JESSE J&M MEG ADAMS LARRIMORE E 7573 NAVIGATOR CIR 7575 NAVIGATOR CIR 7577 NAVIGATOR CIR CARLSBAD CA 92009 CARLSBAD CA 92009 C-BAD CA 92009 HO JOHNNY C K&CH01 ELIZA MORASKA VAN ATTA WENDELL D&RAMON 7579 NAVIGATOR CIR 7581 NAVIGATOR CIR 128 VIA ALICIA CARLSBAD CA 92009 CARLSBAD CA 92009 SANTA BARBARA CA 93108 0 DAY PATRICK N 7162'TERN PL CARLSBAD CA 92009 ABNEY GARY G&PAMELA E TRU LABORDE LETA TR 8282 LANKIN ST P 0 BOX 691 DOWNEY CA 90242 MILL VALLEY CA 94942 LERMAN ELIA TR 223 22ND ST DEL MAR CA 92014 WU DAVID YUNG CHI&LENCHIA WERMERS THOMAS WCMICHELL 2162 PALERMO 7595 NAVIGATOR CIRLCE TUSTIN CA 92680 CARLSBAD CA 92009. NOVAK STEPHEN M ROSALENA OWNERS ASSN INC HOULDIN CINDY L 7597 NAVIGATOR CIR P 0 Box 230490 602 NAVIGATOR CT CARLSBAD CA 92009 ENCINITAS CA 92023 CARLSBAD CA 92009 FARR DAVID B MC GEE JEFFREY A&CYNTHIA 604 NAVIGATOR CT WILTSE ROBERT C&JUDITH A 606 NAVIGATOR CT 608 NAVIGATOR CT cARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 SAMARIN DANIEL 6r DEBORAH HANSON THOMAS B&MARLENE F BAKER LARRY H&ALICE M 610 NAVIGATOR CT 612 NAVIGATOR CT 614 NAVIGATOR CT CARLSBAD CA CARLSBAD CA 92009 CARLSBAD CA 92009 GREENE FRED TdrSONIA S 616 NAVIGATOR CT CARLSBAD CA 92009 LEE KENDALL K 615 NAVIGATOR CT CARLSBAD CA 92009 . HOUSE LUPE L 613 NAVIGATOR CT CARLSBAD CA 92009 BARTON FAMILY TRUST 09-21 HAYUTIN FAMILY TRUST 05-O HALL DAVID A&MARLENE F I P 0 BOX 392 609 NAVIGATOR CT 607 NAVIGATOR CT SUN VALLEY ID 83353 CARLSBAD CA 92009 CARLSBAD CA 92009 SCHAFFER CHARLES E&JACKIE HANSEN RICHARD BLKELLY A KHATIBI KHOSRO 630 W CIRCLE DR 603 NAVIGATOR CT 2605 LA GRAN VIA SOLANA BEACH CA 92075 CARLSBAD CA 92009 CARLSBAD CA 92009 LANGE ROY E&ANN H ROGERS l4 ICELLYLERICA iJ LEE RICHARD A&NOES H 7580 NAVIGATOR CIR 7578 NAVIGATOR CIR 7576 NAVIGATOR CIR CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 TORI0 LOUIS F SIMS CHARLES R&NINA J ARNAUDOFF STEVE V&DONNA 7574 NAVIGATOR CIR 8130 LA MESA BLVD 1195A 13372 KEEGAN PL CARLSBAD CA 92009 LA MESA CA 91941 SAN DIEGO CA 92130 MC EACHERN JACK M&CARROLL HO PAUL S&TERESA L WALTERS CLAYTON A 418 LINCOLN BLVD 7543 NAVIGATOR CIR 3400 AVENUE OF THE ARTS SANTA MONICA CA 90402 CARLSBAD CA 92009 COSTA MESA CA 92626 , : . .* - - WORLD SAVINGS AND LOAN AS CHU YEN PEICYUCHIH TIEN HAUGHEY GREG R&LISA A p 0 BOX 5300 C/O KENNY CHU 7535 NAVIGATOR CIR SAN LBANDRO CA 94577 3327 ROCKING HORSE CIR CARLSBAD CA 92009 ENCINITAS CA 92024 KENNEDY JOHN R&ROBERTA C SULLIVAN PATRICK M&DEBBIE WU SHENG CHYILYU CHEN 7533 NAVIGATOR CIR 7531 NAVIGATOR CIR 1331 KNOLL DR cARLSBAD CA 92009 CARLSBAD CA 92009 OCEANSIDE CA 92054 HAINES ROBERT F&CRONIN-HA HEAIVILIN JAMES J&LORI D WELLS RICHARD M&KAREN A 7527 NAVIGATOR CIR 7525 NAVIGATOR CIR 7523 NAVIGATOR CIR cARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 MOORE JEAN M TRUST 03-27- NELLIS KEVIN SIOW-POON ESTHER 7521 NAVIGATOR CIR P 0 BOX 1256 CARLSBAD CA 92009 LA JOLLA CA 92038 KAIZA POINSETTIA CORP GAULT JAMES L&PATRICIA A DONATO CLARENCE E 7220 AVENIDA ENCINAS 200 7552 NAVIGATOR CIR 7548 NAVIGATOR CIR CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 # Parcels Selected: 96 John M. Lamb 1446 Devlin Drive Angeles, CA 90069 (31 0) 659-5550 January 4,1994 Mayor and Council Members Clty of Carlsbad 1200 Carlsbad Vlllage Drive, CA 92008 Fax: (61 9) 720-9461 Subject Matter: Access and easements for automobile and utilities for Parcel #216-140-16 located between the west side of the freeway and the Kaka's Poinsettia Shores prolect Dear Sirs: I am hoping that at your city council meeting tonight, January 4, or in the near future you will be able to consider and resolve access and easement problems for Parcel # 21 6-1 40-1 6 owned by Constance Sammis and myself which is presently landlocked by the Kaiza property. One problem will be the cost and actual routing of the water, gas, electrical, telephone, cable and sewerage llnes across the Kaiza property to the street, some 400' away, or to the nearest condo which must have the proper outlet for these utilities. There is also the question of retaining the view from Parcel #216-140-16. It would seem now is the time to resolve these Issues, before condo constructlon begins, wiith stabs belng laid, parking areas asphalted and landscape planted. F. 2 Yours truly, ~ r %Jdd%B ATTORNEY AT LAW December 28, 1993 1533 SOUTH HILL ST., SUITED OCEANSIDE, CA 92054 CITY COUNCIL CITY OF CARLSBAD 1200 Carlsbad Village-Drive Carlsbad, CA 92008 OFFICE: (61 9) 722-4470 RES.: (61 9) 722-2336 RE: POINSETTIA SHORES MASTER PLAN, MP-l75(D)/GPA (91-5/ LCPA 91-2/LFMP 87-9(A) MORE SPECIFICALLY Drainage effects from land North of Batiquitos Lagoon and West of 1-5 Dear Council Members: My Client, DALE SCHREIBER, requests that LFMP-9 be amended to include a thorough review of alternatives for the major drainage improvement and permitting of the desilting basin by the State Lands Commission as part of the financing plan. Attached hereto and incorporated herein is a letter and Exhibits dated September 23, 1993, which was presented to the Planning Commission for their consideration at the hearing on this project. The engineering staff responded to the issues raised by representing that the concerns have been answered by the language contained in LFMP-9. The language from the current LFMP-9 is as follows: I'Prior to the recordation of a final map, issuance of a building or grading permit, whichever occurs first, for development in Area 1'C.211 or 11C.3'1 (current areas A-3, A-4, B-1, D, E, and area west of tracks), the developer shall provide a financial mechanism guaranteeing the construction of the following drainage facilities: construction of the 72" to 81" storm drains extending from Poinsettia Lane to the Batiquitos Lagoon, and to include the construction of the desilting basin on the west side of the railroad right- of-way at the lagoon, together with the required connections to storm drains extending under the railroad tracks.i1 A financing plan does not secure a permit from the State Lands Commission which is the owner of that area of Batiquitos Lagoon where the drainage water will flow into the Lagoon. The financing plan also does not consider other alternatives that could be significantly less expensive to construct or create less environmental damage. Dale Schreiber objects to the drainage alternative to the West for this project based on his investigation of the obstacles that have to be overcome and the real possibility that an alternative to the east may cost less and have less environmental impact on the Batiquitos Lagoon. LFMP-9 needs to be amended so that the issue of the desilting basin location and that the most efficient drainage alignment can be approved before alternatives are precluded.. Staff's statement on Page 9, item b, for a finding of fact is set forth as follows: "All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvements program applicable to the subject property, because 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 (LFMP) for Zone 9." This finding of fact concerning drainage cannot be made with the inadequacy of LFMP-9 to address the drainage issue raised. The NOVEMBER 1993 STAFF PROPOSAL FOR THE MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN indicates that this drainage field should drain into Facility DA. the following language is set forth: "One debris basin is also proposed at the downstream of this facility to mitigate the impact of siltation and storm water pollutants on Batiquitos Lagoon due to grading and new development in the future. An alternate proposal may be to route the storm drain from its point of crossing at the AT & SF Railroad line southeast along the Avenida Encinitas right of way to the existing siltation basin adjacent to the Rosalina subdivision. The existing basin would require relocation and enlargement to accommodate the new flows. This alternative should be thoroughly reviewed prior to new development within zone 9." This language should be incorporated into LFMP-9 at this time before the alternative is precluded. The permit for the siltation basin must also be required to assure that the drainage system can be built. The engineering department's position to considering the alternative before it is precluded is really contained in item 4 of their letter of September 27, 1993. The language from item 4 may be the real issue before this council. The language is as follows: "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 need of the drain." Dale Schreiber has been informed that of the 25 acres in the northwest portion of the Master Plan site, area B-1, that 14 of those acres have been diverted into the drainage system to the west through grading done at different times. Dale Schreiber is informed that approximately 130 acres of upland property that had drainage flow to Encinas Creek has been or is contemplated to be diverted to the new drainage system when it is built. More than 2/3 of the new system is being required for diverted drainage water from development that has occurred or will occur. There is no need to impact property on the east side that has no need of the drain except to reserve easements to allow the public facility to be constructed. The easement already exists along Avenida Encinas under the existing Master Plan. The requirement to select the best alternative and get approval for the desilting basin is a reasonable impact on development. DALE SCHREIBER respectfully requests that the language as contained in the staff proposal for the Master Drainage Plan be included in LFMP-9 along with a requirement for the financing plan that a permit be secured from the State Lands Commission for the desilting basin. Respectfully Submitted, tL 2426 L”OUIS TASCHNER Attorney for Dale Schreiber ATfORNEY AT LAW September 23, 1993 1533 SOUTH HILL ST., SUITE D OCEANSIDE. CA 92054 Carlsbad Planning Commission City of Carlsbad Carlsbad, CA 92008 ' OFFICE: (61 9) 722-4470 RES.: (61 9) 722-2336 RE: Drainage northerly of Batiquitos Lagoon west of 1-5 Dear Commissioners, The contemplated approval of the Poinsettia Shores Master Plan (outlined in yellow on page 2) by MP175(D)/GPA 91-05/LFMP 87-09/(A)/LCPA 91-02 does not consider the environmental impact of a proposed 7700 c.y desiltation basin westerly of the ATbSF 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 1991 to have your staff evaluate an alternative to the proposal contained in LFMP-09 of building a new desiltation basin westerly of the AT&SF Railroad at Batiquitos Lagoon. 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 drainage pipes to traverse a portion of the land easterly of the AT&SF upon which the Poinsettia Shores 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 ATdSF. The reason for this request is the real possibility that the new desiltation basin west of ATdSF will not be feasible. The north western 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 west of AT&SF will require: 1. relocation of a 16" high pressure gas line; 2. relocation of major telephone trunk lines; 3. an undercrossing of the AT&SF with 60" and 72" pipes to divert the water to the west; estensive grading at the intersection of Ponto Drive and Carlsbad Boulevard to accommodate the large pipes; and 5. changing the configuration of land and the Ponto Drive on-off ramps at Carlsbad Boulevard. Included hereafter is a pictorial representation and discussion of: 1. Client and issue identification and alternative basin location; 2. Identification of drainage field and desiltation basin location; 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 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. Respectfully Submitted, I represent Ponto Storage Inc. (land ownership outlined in orange) and Dale Schreiber (land ownership outlined in yellow). Dale Schreiber is the president of Ponto Storage. The Poinsettia Shores Master Plan ie. MP175(D)/GPA 91-05/LFMP 87-09(A)/LCPA 91-02 should be required to address and Mitigate the Drainage Proposal contained in Local Facilities Management Plan 87-09 (LFMP 87-09). LFMP-09 requires the construction of a new 7700 c.y. desiltation basin (Outlined in Orange) somewhere west of the AT&SF Railroad Tracks (AT&SF) at Batiquitos Lagoon. The use of an existing desiltation basin (Outlined in Green) easterly of the AT&SF has been reviewed as a viable alternative 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 for expansion to accommodate the additional discharge with a minimum impact to the lagoon wetlands. 1 The Ponto Drainage Field (outlined in orange) consists of approximately 250 acres. The Easterly portion of the field (Outlined in yellow) drains to the existing desiltation basin(0utlined in Green). The remaining area either ponds or drains to the ocean through swales across Ponto Storage Inc. and a pipe through the bluff. A major desiltation basin at Batiquitos Lagoon needs to be provided for the westerly portion of the drainage field as the Coastal Act precludes using the Ocean for dumping water from major drainage pipes and a desilting basin is required when using the Batiquitos Lagoon for the terminus in order to protect the ecosystem of the Lagoon. The adopted plan for Zone 9 and 22 of the Local Facilities Management Plan (LFMP) of the City of Carlsbad contains a recommendation that a desiltation basin be built next to Carlsbad Blvd at the edge of Batiquitos Lagoon. A conflict exists because the area westerly of AT&SF at the Lagoon has been used to mitigate the environmental issues raised in the EIR for the Batiquitos Lagoon Enhancement Plan by the Army Corps of Engineers. 2 _- In 1972, when Ponto Storage was built, there was a natural drainage field west of AT&SF. Additional drainage from acreage of the southwest portion of the Lake Shores Trailer Park (Mobile Home Park) had been added to the drainage field on a reverse flow through a 24" pipe under the AT&SF. (Drainage field outlined in Yellow). This drainage field was served by a natural drainage swales which terminated at a pipe that went through the bluff to the ocean. (Delineated in Orange). Drainage from the land southerly of the southwest portion of the Mobile Home Park ponded or drained southerly along the eastern side of the ATGSF. The Northerly portion of the Mobile Home Park and all land northerly and easterly of this portion of the Mobile Home Park drained to the north. (Delineated in Green). The southeastern portion of the mobile home park and the land southerly thereof drained into a 60" pipe (Delineated in Green) where the pipe terminated into a natural drainage basin at Batiquitos Lagoon. 3 In 1985, construction of Poinsettia Ave across the AT&SF included a temporary drainage plan. Pursuant to the plan, the City of Carlsbad had constructed a 24" pipe along the eastern edge of the ATbSF. The pipe went under AT&SF to the west and terminated just east of the Schreiber land. This pipe (Delineated in Orange) carried drainage from approximately 25 acres, (Outlined in Yellow) which previously had drained to the north. The additional acreage caused an overburdening of the drainage swales and there exists a drainage problem which causes flooding during rain storms. The construction of a storm drain system will alleviate the flooding problem. LFMP-22 sets forth alternatives. One alternative proposes draining the 25 acres with all lands northerly of Poinsettia to the north into Encinas Creek. The recommended alternative proposes draining the complete area southerly to Batiquitas Lagoon. This recommended proposal is followed by LFMP-09. 4 I LFMP-22 is comprised of approximately 110 acres of undeveloped land. (Outlined in Yellow). The drainage patterns were analyzed and the consultant recommended that the majority of the drainage should be to the south and thereafter be joined into the LFMP-09 drainage pattern. (Lines delineated in Orange). A comment from LFMP-22 is as follows: "A detailed hydrology analysis was performed for Zone 22. The highlights of the drainage analysis conclusions are as follows: The study utilized the Master Drainage Plan, modified slightly, for the area as well as proposed pipe alignments. The slight modification from the current Master Plan includes taking the storm water runoff all the way to Batiquitos Lagoon rather than through the bluff to the ocean. The outlet for this facility also requires a desilting basin. The desilting basin, however, has already been designed and is adequate in size (7738 cubic yards) to handle runoff from this area. The proposed drainage facilities alleviate the flooding problems north of Ponto Drive, by collecting the existing runoff from both 24-inch concrete pipes draining Poinsettia and the Lake Shores Trailer Park." 5 LFMP-09 is comprised of approximately 90 acres of undeveloped land. (Outlined in Yellow). There already exists drainage pipes through the Easterly portion of LFMP-09, (Delineated in Green), to the existing desiltation basin. (Outlined in Green). The Westerly major drainage pipe was recommended to traverse from the Zone 22 drainage pipe to a new 7700 c.y. desiltation basin. (Lines and Basin outlined in Orange). The drainage proposal was not evaluated by an environmental review because LFMP-09 states: "Approval of this LFMP does not constitute prior environmental review for projects within Zone 9. All future projects within Zone 9 shall undergo environmental review per Title 19 of the Carlsbad Municipal Code. Any mitigation measures determined during a project's environmental review shall be complied with in their entirety unless findings of overriding consideration are made by the City Council.11 6 -- The area in which the desiltation basin as identified in LFMP-09 would be located was the subject of a review pursuant to the National Environmental Policy Act because of a 404 permit from the Army Corps of Engineers for the Batiquitos Lagoon Enhancement Project. This Enhancement Project identified the western basin of the Batiquitos Lagoon as being used for the following: 1. The area is identified for a 4-acre California Least Tern nesting site. 2. The area is identified under the implementation of the adopted mitigated alternative as including Coastal Salt Marsh, Coastal Sage Scrub, and Brackish Marsh which will be protected. 3. The area is identified for a dredge launching ramp as well as the Northwest Staging Site and Fuel Storage area. 7 In 1992, Dale Schreiber, recognizing the potential conflicts between the LFMP-09 Desiltation Basin and the 404 Permit Environmental Review, had an alternate alignment of the drainage pipe from Zone 22 to the existing desiltation basin evaluated for cost. (Alternative outlined in Green). The cost for the alternative pipeline to the eastern desiltation basin was determined to be $873,230.00. This cost was compared to the LFMP-09 alignment for the pipeline (Outlined in Orange) and the LFMP-09 alignment cost was computed to be $981,242.00. Not taken into consideration for cost is the potential relocation of a 16" high pressure gas line, three crossings under the ATstSF, relocation of main telephone trunk lines, elevation problems for pipeline at Ponto Drive and Carlsbad Boulavard intersection, and potential mitigation problems at the Batisquitos Lagoon. 8 The potential impacts of a new desiltation basin Westerly of the Tracks in the Batiquitos Lagoon Western Basin may not be a real possibility. Use of the existing desiltation basin east of ATESF will require the least damage to the environment. The pipeline can also be built at this time with a minimum of interference with other improvements in the area. As a mitigation to the drainage plan, the Poinsettia Shores Master Plan should be required to do one of the following based on which desiltation basin is used: existing desiltation basin for the Ponto Drainage Field; across their land. A. Using the Eastern Desiltation Basin: 1. Receive approval from all agencies for use of the 2. Provide easements for pipe alignment to the basin B. 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 provide the land. construction of the new desiltation basin: across their land if necessary. 9 ,-. , 2076 Sheridan Road Leucadia, CA 92024 January 4, 1994 Mayor and Councilpersons City of Carl sbad 1200 Carlsbad Village Dr. Carl sbad, CA 92008 Dear Mayor and Counci lpersons: Thank you for this opportunity to comment. DRA I NAGE We stress once again our concern about the drainage into Batiquitos Lagoon and support revision to the Master Drainage and Storm Water Quality Master Plan that will be more protective to Batiquitos. Funneling All prospective drainage west of 1-5 and south of the Encina plant into one sediment basin will require a drainage pipe some seven feet in diameter. Imagine the deluge! Such an influx of fresh water into a salt water lagoon will be devasting to Marine life. A better scenario would be to expand the wetland may also be necessary to divert portions of run-off and decrease the speed of the flow. area so that more mixing of salt and fresh water can occur. It 2) BLUFF TOP TRAIL AND SETBACK This agenda bill does not resolve the issue of the trail on the Sammis piece, Mr. Sammis has the controlling interest in the property between 101 and the railroad. Once again, he is trying to lose the trail. We remind the city of the need to maintain public access to the waters of California. We ask that you condition this approval with the stipulation that public access will be provided on the lagoon bluffs from 1-5 to 101, and that public access does not mean hotel guests only. SCENIC CORRIDOR We support Planning Commissioner Tom Erwin's suggestion that all homes facing the lagoon be single story. This provides view access to more buyers, and softens the impact on the thousands of travelers who use 1-5, a designated scenic highway. PARKS This property is one of the most beautiful and valuable open space areas left in this most beautiful and valuable coastal area. We ask the City to reconsider their park stipulation. Instead of taking money from this developer, we ask the city to take acreage, setting it aside for young and old now and forever for generations to come. Your constituents would be forever greatful. Very truly yours, . ,& I Dolores We1 ty January 4, 1994 City Council City of Carlsbad RE: POINSETTIA SHORES MASTER PLAN AMENDMENT - MP175 Dear Ladies and Gentleman: PONTO INTERCHANGE - The draft master plan presented by Kaiza Poinsettia Corporation indicates a temporary intersection to be built at Ponto Drive and Avenida Encinas. Recent meeting with the Carlsbad Engineering Department have indicated that a PERMANENT solution to Ponto Drive location is very feasible, properly connecting Ponto to northerly properties along Carlsbad Boulevard to run all the way to Poinsettia Lane. Since this more permanent solution to Ponto traffic circulation is at hand it would be unfortunate to push forward with a temporary intersection, which would at later date be replaced with a permanent solution to Ponto Drive. It is also inappropriate to undertake the design of the "temporary" connection of alternative. Further, the assessment District should not be entered into with this Ponto circulation in question. To do so could cause the project to cost several Hundred Thousand Dollars more than it needs to, could disrupt the long-term planning process on the west side property and would not be appropriate. This writer would encourage the City Council to direct the property owner and the City of Carlsbad to work together to establish a permanent circulation solution to Ponto Drive rather than a temporary solution. REQUIREMENT TO BUILD AVENIDA ENCINAS BRIDGE OVER THE RAILROAD TRACKS - The present plan of Kaiza Poinsettia Corporation is to immediately more forward with tentative maps and also the processing of an assessment district for the establishment of the proration of costs of the Avenida Encinas bridge that goes over he railroad tracks. This is excellent. However, if for some reason Kaiza Poinsettia Corporation id not more forward to finalize the method of financing and the commitments of the property owners for the development of the Avenida Encinas bridge over the railroad tracks, it does not seem fair or appropriate that the west side property should be prohibited from proceeding with development if the east side property is not proceeding or if the east side property is not installing the bridge. The west side property does not need the bridge for circulation, nor does it need it to meet a cul-de-sac policy, nor does the west side property need the bridge for adequate access points for fore and safety. It would seem that more fair solution for the west side property - in the event the east side property is delayed in proceeding forward with Avenidca Encinas railroad bridge - would be allow thme property to proceed fonvard with development if the west side property sets land aside for the future bridge and agrees to bond for any estimated bridge improvements required. PONTO INTERCHANGE TO BE ABANDONED Corporation references a requirement to abandon the Ponto interchange. The plan indicates that cost of abandoning and filling in the old interchange that will no longer be used would be a cost of the adjacent property owner, other property owners are directly benefited. It is worth pointing out that the City of Carlsbad has had discussions concerning marketing excess right of abandoned. It would seem appropriate that the city would participate in costs of abandoning and filling that Ponto interchange if those expenditures add value to the property and make it marketable for the city. The master plan presentation by Kaiza Poinsettia DRAINAGE installed before development can commence. The engineering staff has indicated that the pipe could be installed incrementally - as development progress. The draft master plan states that the drainage pipe on the west side must be fully Thank you very much for considering these matters. Very truly yours, Donald F. Sammis Vice-president BATIQUITOS DEVELOPMENT CORPORATION ATTORNEYS AT LAW Sanuary 4, 1994 *A-AL-ll3N * City Council of the City of Carisbad Carlsbad City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Poinsettia Shores Master Plan - MP 175@), GP 91-05, LCPA 91-02, LFMPA 87-09(A), Mitigated Negative Declaration Honorable Members of the City Council: "his fmn represents the Carfsbad Unified School District ("District"). "his letter is submitted with respect to the impacts which the above-referenced applications (the "Applications") will have on the Districr's school facilities, and in response to the proposed approval of the "mitigated" negative declaration prepared for the Applications (the "Negative DecIaration"), In this regard the District would have 110 objection at this time relative to the Applications, referenced as MP 175(D), GP 91-05, LCPA 91-02 and LFMPA 87-09(A), provided that the amendment to the ordinance approving the Applications as referenced in the memorandum to the. City Council from tbe: staff of the Plannhg Department dated January 4, 1994, a copy of which is attached, is included as part of the City Council's approval of the Applications, Otherwise, the District respectfully would object to the approval of the Applications, as the payment of developer fees alone would not fully mitigate the impacts from approval of the Applications and would be ioconsistent with the City Council's requirements for development approvals within Zone 9. Thank you for your anticipated cooperation. We would be pleased to provide you with any additional information you may require, Very truly yours, BOWS, ARNESON, KADI, WILES & GZANNONE BY: cc: Dr. George Mannon Mr. John Blair P.3 JANUARY 4, 1994 *ro: CITY COUNClL PilEMBEIIS FROM: ksociate Planner, Eric hlunoz 1. The following change is made to the Ordinance approving the proposed master plan arnendrncnc: A new condition addressing school fncilirics will be added to Section II of Ordinance No. - to read as foiIows; "SECTION II: That the findings and conditions of rhc Planning Commission in Planning Corr.rnission Resolutior. No. 3552 shu!l 'also cc>nsiitLlle riic! findings and condirions of the Ciry Counci! wirii thc addition ol' 1l:c !'ullowiny cuiidiiion: "Prior 10 the approval of any final map or rhe isswncc of any permits wirhin rhe Poinsettia Shores Mnsicr Pian, the applicanr for the final map or permit shall subrnir evidence to rhe City chat impacts to school facilities iin?~ 'been rnitigarcd in conformance wich [he Ciry's Growth hlaiiagcmcn t Phi 10 rhc extenr permicred by applicable state law for Icgisiative am. If rhe mitigation involves a financing scheme such as a Mello- Roos Cornrnunit'y Facilities Distrkr Ivhich is inconsisrent with the Cicy's Growth Managernenr Plan including City Council Policy Statement No. 38, the developer sh;ill su1)1tii1 clisclosurc: documents for approval by the City hlanagcr a~icl City At tunicy which snall disclose 10 future osvners in the project, to the maximum extent possible, the existence or" r1i.e tax rind thr ihc school disrrict is the tzxing ;iscncy r~sporisil~lct for tlr financing disrrict. At a mii~imum, tlic! prqjcct CC8tR's shnll require maximum disclosure and signed siatemenrs for disclosure$ upon transfer of resident id rc. 2. The school facilities wording ourlincd aboidc t4:iIl also he inscrrcd into the Poinserria Shores Master Plan text at the end of the Public Facilities chrzprcr. and &J ENC N. MUNOZ