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HomeMy WebLinkAbout1994-09-13; City Council; 12860; ACCEPTANCE OF THE COASTAL COMMISSION MODIFICATIONS TO THE APPROVAL OF THE WEST BATIQUITOS LOCAL COASTAL PROGRAM AMENDMENT LCPA 91-02 - POINSETTIA SHORES MASTER PLANDlFlCATlONS TO THE APPROVAL OF THE WEST That the City Council direct the City Attorney to prepare documents ACCEPTING th Commission modifications to the approval of LCPA 9 1-02. ITEM EXPLANATION On January 4, 1994, the City Council approved the Poinsettia Shores Master Plan whict a Major Master Plan Amendment, General Plan Amendment, Local Facilities Manager Amendment and Local Coastal Program Amendment (MP I75(D), GPA 9 1-05, LFMP and LCPA 9 1-02). After the City Council approval, the LCP Amendment was submitt Coastal Commission for approval and certification of the West Batiquitos LCP. Thl modifications to the City Council approved master plan text and LCP text. The mol were contained in a letter from the Coastal Commission dated June 8, 1994 attachc agenda bill. The modifications are minor in nature and do not adversely impact the Ci. policies in any way. The modifications primarily reinforce the Coastal Commission's rr development and buildout of this coastal zone master plan property. Modifications ma master plan text have already been approved administratively by the Planning Director E by the master plan. The LCP text changes must return to the Coastal Commission as Commission approved LCPA 9 1-02 on May 12, 1994, The Coastal Commission approva \ In order to formally complete the LCP certification process consistent with the Coast; City is required to accept the LCP modifications by action of it governing body. Upon a( of the modifications, LCPA 9 1-02 will return to the Coastal Commission to certify . Batiquitos Local Coastal Program. This will allow approved development to proceed \ master plan property. ENVIRONMENTAL REVIEW Acceptance of the Coastal Commission modifications will not result in any additional envii impacts to the subject property beyond those assessed with the environmental revif I75(A), GPA 91-05, LFMP 87-09(A) and LCPA 91-02. This project's environmen resulted in the approval of a Mitigated Negative Declaration by the City Council on a !Ai 27 0 E Qn & 4 FISCAL. IMPACT There will be no fiscal impact from the City acceptance of the Coastal Commission mo associated with the approval of LCPA 9 1-02. z 0 F 0 EXHl BITS a z 6 s Letter from Coastal Commission dated June 8, I994 (with modifications) 0 ! 7 E e e l%ATIQUITOS MPl7 D)/GP POINSETTIA SHORES MASTER PLAN LCPA d2/'FA i EXH PETE WII 0 0 .STATE OF CALIFORNIA-THE RESOURCES AGENCY June 8, 1994 CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 31 11 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 - . @# City of Carl sbad Eric Munoz ., 2075 Las Palmas Drive Carl Sbad, CA 92009-1 576 Re: City of Carlsbad Local Coastal Program Amendment 1-94 West Batiqui tos Lagoon/Sammi s Properties Segment Dear Mr. Munoz, On May 12, 1994, the California Coastal Commission approved the above-described amendment request. #1-94 (Density bonuses and Aviara Phase 111) were continued and not acted upon. In its action, the Commission approved the West Batiquitos Lagoon/Sammi s Properties amendment request with suggested modifications including ones which required submittal of a trail construction plan, prohibited gating of certain planning areas, and provided for the eventual implementation and provision of the public trail system. The adopted suggested modifications are attached for your information. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment wi 11 b consistent with the Commission's certification order. This is necessary because the amendment request was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is required to satisfy them, such as rezonings or other ordinance revisions. I the City chooses to accept the Commission's action, this acknowledgement mus occur within six months. As soon as the necessary documentation is received in this office, and accepted, the Executive Director wi 11 report hi s/her determi nation to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission's action or this final certification procedur please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff i any way possible to continue the successful implementation of the local coastal program. The other two elements of the City's LCP Assistant District Director 9482A 0 a SUGGESTED MaDIFICATIONS FOR CITY OF CARLSBAD LCPA #1-94 (WEST BATIOUITOS LAGGQN/SAMMIS PROPERTIES SEGMENT) The following are the suggested revisions for this amendment request. Language to be added is underlined; language to be deleted is crossed out. West Batiaui tos Lagoon/Sammi s Properties Land Use Plan On page 1 within the introduction, the language shall be revised as fol 1 ows : 1. The Poinsettia Shores Master Plan proposes to eliminate the university and research and development uses on the east side of ti AT & SF railroad right-of-way and develop this area with a variety A-3. A-4 and J shall remain open and unaated . Land uses west of tl railroad right-of-way wi 11 remain substantial ly as previously approved. residential products in a gated community, exceot that Plannina Ari 2. On page 1 under "Land Uses", the language shall be revised as follows: The following are the proposed land use "Planning Areas", each providing a brief description. The "P1 anni ng Areas" correspond directly with the planning areas approved with the Poinsettia Shor Master Plan. All development in these planning areas are subject the provisions of the Poinsettia Shores Master Plan as adopted by Commission. No development inconsistent with the Master Plan shal be permitted. The Planning Areas identified below will replace th former planning areas established by the BLEP Master Plan. On page 4 under "Planning Area E", the language shall be revised to rea Carlsbad City Council gnd certified bv the California Coasta 1 3. [... 1 Planning Area E has a gross area of 0.9 acres and a net developable area of 0.5 acres; it has a land use des lunation of RM On page 4 under "Planning Area F", the language shall be revised as follows: 4. Planning, Area F carries a Non-Residential (NRR) General Plan designation. Planning Area F is an "unplanned" area, for which la uses will be determined at a later date when more specific plannin is carried out for areas west of the railroad right-of-way. A fut Major Master Plan Amendment will be required prior to further development approvals for Planning Area F, and lnlj shall include a LCP amendment with associated envi ronmental revi ew , if determi ned necessary. Carl sbad LCPA 1 - e 0 Adopted Suggested Modi fications/West Batiqui tos/Sammi s Properties Segm Page 2 5. On page 4 under "Planning Area F", the following language shall be added - As part of any future planning effort, the City and Developer must consider and document the need for the provision of lower cost visitor accommodations or recreational facilities (ie. public park) on the west side of the railroad. 6. On page 5 under "Planning Area G", the language shall be revised as follows: Plannins Area G has a land use desiunation of TS/C. All developmer in Planning Area G shall conform to the standards of the C-T zone c the Carlsbad Municipal Code, Chapter 21.29. 7. On page 7 under "Planning Area M", the language shall be revised as fol 1 ows : Plannina Area M has a land use des ignation of OS. This area shall developed as a private Community Recreation Center and will be located adjacent to Avenida Encinas between Planning Areas A-1 and B-1. 8. On page 10 under "Environmentally Sensitive Habitats", the language shal be revised as follows: Recordation of several open space easements has occurred with the existing development along the bluff top on the area identified as Planning Area J. Recordation of additional open space easements along the bluff and railroad riuht-of-way shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G an( H. Furthermore, development on the bluff tops shall maintain setbacks as identified in the Poinsettia Shores Master Plan from ti bluff edges to prevent possible impacts on adjacent environmentall: sensitive habitats. with the adjacent private residential developments shall occu r wit1 the pub lic oDe n sDace a nd setbac k areas. On Page 10 under "Public Access", the language shall be revised as folli Lagoon accessways, bluff top accessways or equivalent overlook areas ,and a bike pathlpedestrian walkway, shall be provided i f agricultural land on the north shore of Batiquitos Lagoon is developed. Each planning area containing a segment of the trail shall be conditioned to require construction and maintenance of th portion of the trail within the planning area, unless otherwise spec! fi ed in the Bati qui tos Lagoon Enhancement P1 an. Each pl anni n area co ntainina a s eclment of the trail shall be conditioned to construct its t rail seament Prior to i ssua nce of any buildina perm for that plannina area. Such accessways shall be preserved for pub1 i c use by requi ri ng irrevocable offers of dedi cation of those areas as a condition of development and. Prior to t he issuance of bui ldina Dermi ts for those p 1 anni ng areas. t he trail ded i cations No wading or manufactured sloDes associated 9. Carl sbad LCPA 1- Adopted Suggested Modifications/West Batiqui tos/Sammi s Properties Segrr Page 3 0 0 shall be accepted by the City of Carlsbad if the City agrees and it ad6pts a Citvwide Trails Proaram that includes Provisions for maintenance and liability. Otherwise. prior to the issuance of an) building permits. the obliaation for accepta nce. co nstructi on. aaencv desianated by t he City o r the resrJonsi bi 1 i tv of the Homeownc Association. Upon acceptance of the dedication. includinq maintenance a nd 1 i abi 1 i tv responsi bi 1 i ti es. a nd completion of the trai 1 imwovements. t he trail shall be wen for public use . The accessways shall not adversely impact environmentally sensitive habi tats. A Trail Construction Plan shall be provided for all planning areas containing public trails. The public trails alianment shall be as shown on the atta ched exhibit. The olan shall indicate t hat all trail alianments will be atop of the lagoon or railroad slopes and shall be constructed in the least environmentallv-damaaing manner. The public trail shall be a minimum width of ten feet measured inli from the toP of the bluff edge or railroad embankment. improvements shall include a minimum 5 foot wide imoroved accesswal fencing. trash receDta cles and interpretive sianaae. In addition * the exi sti na trai 1 head at Wi ndrose Circle. two additional trai 1 heac shall be orovided: one at the sout hwest co rner of Planning Area A- adjacent to the railroad right-of-wav and one at t he northwest cor1 of Planning Area A-3, adjacent to Avenida Encinas. These t rai 1 heac shall include app ropriate d i recti onal si anaae a nd identification. The ~lan shall also include construction sPecifications. maintenanc standards. and specify what partv(i es) shall assume maintenance anc 1 iabi li tv responsibilities. maintenance. and 1 iabi 1 i tv shall be the responsibi li tv of another The trail 10. On page 11 under "Master Plan Approval", the language shall be revised The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. NS-266 and certified bv t he California Coast Commission is approved as the Implementing Ordinance for this Loca Coastal Land Use Plan. Upon final certification by the EddtdflJC 0lfCtfdf Cal i forni a Coas ta 1 Commission, this portion of the Carl sbad Local Coastal Program shall be deemed certified. fol 1 ows : West Batiauitos Laaoon/Sammi s Properties Imp1 ementation Plan (Poi nsetti Shores Master Plan) 11. On page 1 under "Purpose", the language shall be rev! sed as follows: Adoption of the Poinsettia Shores Master Plan by the Carlsbad City Council , pursuant to Chapter 21.38 of the Carlsbad Municipal Code amroved bv t he Cal i forni a Coasta 1 Commission, will establish the zoning and development standards applicable to the project as a wh wi th consideration to i ndi vi dual pl anni ng areas, defi ni ng the permissible type and intensity of development. Carl sbad LCPA 1- Adopted Suggested Modifications/West Batiqui tos/Sammi s Properties Segm Page 4 0 0 12. On page 9 under "Circulation and Roadway Alignment", the language shall revi sed-as fol lows: As shown on Exhibit 3, page 12, Avenida Encinas and Windrose Circle boundary will be private and gated with the excer,tion of internal streets assoc iated with Plannina Areas A-3. A-4 and J. will be public streets, All other streets within the master plan 13. On pages 14, 18 and 105, references to Planning Area F regarding a futur Major Master Plan Amendment shall be revised to read that further development approvals for Planning Area F shall include a LCP amendment. 14. On page 23, Exhibit 10, the Open Space Plan shall be revised to illustr? that the setbacks and open space shown on Planning Areas G and H shall t i denti fi ed as "Pub1 i c Open Space". 15. On page 25, under "Open Space and Resource Preservation--"Perimeter Pedestrian Trai 1 , the fol 1 owi ng 1 anguage shall be added : A Trail Construction Plan shall be provided for a1 1 plannina areas containins public trails. The public trails alignment shall be as shown on the attached exhibit. shall be constructed in the least environmentally-damauing manner. The Dublic trail shall be a minimum width of ten feet measured inli from the tor, o f the bluff edae o r railroad embankment. The trail imnrovements shall include a minimum 5 foot wide improved accesswa! fencina. trash recepta cles a nd interpretive sianage. In addition I the exi s ti na trai 1 head at Wi ndrose Ci rcl e. two additional trai 1 heac shall be provided: one at the southwest corner of Plannina Area A- adjacent to the railroad riaht-of-wav and one at the northwest cor1 of Plannina Area A-3. ad jacent to Avenida Encinas. These t rai 1 heac shall include appropriate directional sianaue and identification. The plan shall also include construction specifications. maintenanc standards. and specifiy what pa rtv(i es) shall assume mai ntenance ai 1 iabi li tv responsi bi 1 i ties. 16. On page 41 under "Affordable Housing", the language shall be revised as The plan shall indicate t hat all trai 1 a1 i anments wi 11 be atop of the 1 aaoon or rai 1 road sloDes a nd follows: In conjunction with the Density Bonus, additional incentives are a required to be granted to the density bonus applicant. For the Poinsettia Shores Master Plan, one additional incentive will be design modifications within any of the Planning Areas to the Plann Development Ordinance standards and/or other City pol i ci es. modifications shall be either as set forth in this Master Plan or approved subsequently by the P1 anni ng Di rector,dM Ci ty Engineer, and ar, .r,roved by t he California Coastal Commission. The 0 Carlsbad LCPA 1- Adopted Suggested Modi fi cationsiwest Batiqui tosiSammi s Properties Segr Page 5 0 - 17. On page 54, under "Master Plan Theme Elements", the language shall be revised as follows: The entries into Planning Areas A-1 , A-2, AC24iAC4, B-1 , 8-2, and C will be manned or electronically guarded gates. to limit the access into the private portions of the Master Plan development area. This is intendec 18. On page 82, under "Planning Area A-3IE--Other Special Conditions, the Prior to the ~sdhfilh~lQflQttd~dht~ issuance of bui ldi na permits for any home d~~dtChflfQldh~l~d~l~tiQ~i~~il3~f~if +dill wi thin thi s planning area,. construction of that portion of the public trail wh. is within thi s Planning Area shall be completed. language shall be revised as follows: 19. On page 84, under "Planning Area A-4"--Design Criteria, the language shi be revised as follows: In order to address potential visual impacts to the lagoon, specif. architectural standards or designs must be proposed concurrent wi tl the review of a planned development permitior tentative map for th. planning area. These development standards shall address reductio1 of potential visual impacts through methods which may include but i not limited to: percentage of si ngl e-story or si ngl e-story elements adjacent to thc lagoon or bluff-top setback area, height limitations adjacent to tl lagoon or bluff-top setback area, Cftl and design considerations such as architectural offsets and varied roof pitches. Bui ldinq coloration will be subordinate to the adjacent lagoon hillside and buildinu materials will be comr>atible with the adjacent laaoo n envi ronment. use of single-story elements in architecture, 20. On page 85, under "P1 ann1 ng Area A-4"--Other Spec1 a1 Condi ti ons, the 1 anguage shall be revi sed as fol lows : Prior to the issuance of building permits for any home dBddtChflfQ dh~l~dul~tls~l~f~3dfCif~d~l within thi s ~1 annl nu ar construction of that portion of the public trail whiEA is within t Planning Area shall be completed. 21. On page 11 1, under "Planning Area G"--Other Special Conditions, the language shall be revised as follows: The development of this planning area shall include a public acces trail d$dfCdi which will be designed to link with the Master Plan's trail system. Trail imwovements must be installed p rior to t he i ssua nce of any building permits for this planning area. Carl sbad LCPA 1- Adopted Suggested Modi fi cationsfWest Batiqui tos/Sammi s Properties Segm Page 6 0 a 22. On pagel 15, under "P1 anni ng Area HI1--Other Speci a1 Condi tions, the language shall be revised as follows: The development of this planning area shall include a public access trail d$dfCln which will be designed to link with the Master Plan's trai 1 system. Trai 1 improvements must be instal led and dedication the trail shall be accepted bv the City o f Carlsbad if the City agrees - a nd it adopts a C i tvwi de Trai 1 s Prosram that i ncl udes grovi si ons for mai ntenance and 1 i abi 1 i ty. Ot herwise. p rior to the i ssuance of any bui 1 di nq Dermi ts , the ob1 i qati on for acceDtance ,. construction, maintenance. and liability s ha1 1 be the responsi bi 1 i 1 of another auencv des i unated by the Citv or the resDonsibilitv of 1 Homeowners Association. Up0 n accw . tance of the dedication. includi maintenance a nd 1 iabi 1 i tv resPonsi bi 1 i ti es. a nd completion of the trail improvements, the trail shall be open for public use. 23. On page 122, under "Planning Area L"--Design Criteria, the language shal be revised as follows: Design Criteria: PdkllitfiifBfAdf iddl if tdtfdtkildbldl llidf ICltCCdIdIHkidHf lBfll2ffCCf i #B/fidtKiid/ iHd11 lIbCldl76~kdI idlf Hii/Alkdf All development in this Area shall be consistent with the Batiquitc Lagoon Enhancement Plan. tHCf~kti~kfktf~dlkdt~i~~lft~i~l~~~i~~ld~~~~l~~l~~~~i~~~~~~l~~li~~~ htkiil 9482A 4 <i 0 > c m b)c Q 5 .M v) FQ aZ o 3 27