HomeMy WebLinkAbout1993-10-20; Planning Commission; ; MP 175D|GPA 91-05|LCPA 91-02|LFMP 87-09A - POINSETTIA SHORES MASTER PLANAPPLICATio\, COMPLETE DATE: __ ()
GPNLCPNMPA -APRIL 21. 1991 C:::,OY--
LFMPA -AUGUST 2. 1993
PROJECT PLANNER: ERIC N. MUNOZ
SfAFF REPORT
DATE: OCTOBER 20, 1993 ®
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: MP l 75(D)/GPA91-05/LCPA91-02/LFMP 87-09(A) -POINSETITA 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
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(0), GPA 91-05, LCPA 91-02, and LFMP 87-09(A), based on the findings and
subject to the conditions contained therein.
II. PROJECT· BACKGROUND AND DESCRIPTION
The applicant is requesting 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 re-naming 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 ( off site compliance is also allowed through the approval of an Affordable
Housing Agreement); and a recreation center planning area (Area "M") and a recreational
MP l 75(O)/GPA 91-051 ,..:PA 91-02/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 2
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 11B11 (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. [n 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 u·se designation on the west side has been eliminated
and replaced with an unplanned reserve designation. MP l 75(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 5
lots are vacant custom lots. This planning area is shown as Area "J'' 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.
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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-5 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 completiqn 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) re-name 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).
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POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 4
The entire master plan document has been reorganized and reformatted for clarity
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.
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, and State laws:
A. Carls bad General Plan.
B. 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).
I {
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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-1", "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-1" 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-1" 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.
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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 Op~n 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 "H")
. 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.
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OCTOBER 20, 1993
PAGE 7
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 11D11 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) must:
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. If offsite affordable housing
compliance is achieved, planning area 11D11 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-1" 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 (SOP) 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 COMMUNITY ZONE/ CHAPTER 21.38
Planning Issue
Does the proposed Master Plan Amendment comply with all the requirements of the
Planned Community Zone?
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POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 8
DISCUSSION
The Poinsettia Shores Master Plan amendment has been prepared consistent with the
Carlsbad 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 plan is consistent with the provisions of the General Plan and any
applicable specific 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. "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."
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.
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POINSETTIA SHORES MASTER PLAN
· OCTOBER 20, 1993
PAGE 9
c. ''The residential and open space portions of the community will constitute an
environment of sustained desirability and stability, and that it will be in harmony
with or provide compatible variety to the character of the surrounding areas, and
that the sites proposed for public facilities. such as schools. playgrounds and parks.
are adequate to serve the anticipated population and appear acceptable to the public
authorities having jurisdiction thereof."
d.
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 space 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 ~aster 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.
''The proposed commercial and industrial uses will be appropriate in area, location
and overall design to the pmpose intended. The design and development standards
are such as to create an environment of sustained desirability and stability. Such
development will meet performance standards established by this title."
Planning Areas "G" and "H" have been designated as future travel services-
commercial sites retaining the allowed uses froin 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 17S(D)/GPA 91-05/ ._ _..PA 91-02/LFMP 87-09(A)
POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 10
e.
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.
"In the case of institutional, recreational, and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any
adverse effects from the development."
The.Poinsettia Shores Master Plan proposes a community recreation center planning
area and a recreational 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 thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon."
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.
g. "Any proposed commercial development can be justified economically at the location
proposed and will provide adequate commercial facilities of the types needed at such
location proposed."
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
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POINSETTIA SHORES MASTER PLAN
OCTOBER 20, 1993
PAGE 11
h.
future development of the master plan may have on the General Fund operating
budget of the;City.
''The area surrounding the development is or can be planned and zoned in
coordination and substantial compatibility with the development."
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.
1. "Appropriate measures are proposed to mitigate adverse environmental impact as
noted in the adopted environmental impact report for the project."
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. CARLSBAD LOCAL COASfAL PROGRAM/WEST BATIOUITOS SEGMENT
Planning Issue
Does the Poinsettia Shores proposal comply with all t.he 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 conform&nce 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.
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OCTOBER 20, 1993
PAGE 12
D. GROWTI-I MANAGEMENT -ZONE 9
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:
City Administration/Library
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 CFO #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 rv· expansion of the Encinas 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.
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 91-05/i .JA 91-02/LFMP 87-09(A) (
POINSETTIA SHORES MASTER PLAN
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.
Open Space
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 91-05/L jA 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 REVIEW[ITfLE 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.
ii MP 175(O)/GPA 91-05/L ... i'A 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 91-05/MP 175(D)/LCPA 91-02 and LFMP 87-09(A).
ATTACHMENTS
1. Planning Commission Resolution No. 3551 (Mitigation Program attached)
2. Planning Commission Resolution No. 3552
3. Planning Commission Resolution No. 3553
4. Planning Commission Resolution No. 3554 (Amended LCP text attached)
5. Planning Commission Resolution No. 3555 (Zone 9 LFMP Amendment attached)
6. Location Map
7. Exhibits "A" -"E" (excerpted from the master plan text)
8. Background Data Sheet
9. Disclosure Form
10. Letters from Mr. Taschner/City's response letter
11. Letter from Mr. Dillon-CALTRANS/City's response letter
12. Letter from the Batiquitos Lagoon Foundation/City's response letter
13. Letter from Mrs. Dolores Welty/City's response letter
14. Letter from Mr. Dennis Cunningham (to School District)/City's response letter
15. Letter from Mr. Fred Worthley-Department of Fish and Game/City's response letter
16. Poinsettia Shores Master Plan, dated October 20, 1993 (Previously distributed).
EM:km:lh
_ September 20, 1993
(
SITE
POINSETTIA SHORES MASTER· PLAN
LOCATION MAP
City _ of Cartabad
LAGOON
MP 175(D)/GPA 91-05/
LCPA 91-02/LFftl> 87-09(A)
... ...
TEMPORARY PONTO DRIVE
PUBLIC STREETS
POINSE'l'f'IA SHORES MASTER PLAN
LEGEND
11111 11 EXISTING
-PROPOSED
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LEGEND
CHART OF GENERAL PLAN UESJCNA TIONS
II ii 11 RESIDENTIAL MEDIUM DENSITY
(:j@g:) NEIGHGBORHOOD COMMERCIAL
'
f;M;J TRAVEL SERVICE/COMMERCIAL
I OS I OPEN SPACE
'" >< j
~
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PROPOSED GENERAL PLAN ·--·· -•-·rn··---l ______ _::_·r~-:-_1--.1.::J w I I I I -
POINSETTIA SHORES MAS1flEJR PILA N
V A 17 A DAl"'-IC'CTTI A r·no POD ATlf"\1'.1
11 eo·
OPEN SPACE PLAN ..
POINSETIIA SHORBS MASTER PLAN
It' A 17 A POINSP.1TI A C'OR POR ATION
APPIOX.
GIOSSAC.
I I I Seib.Id
I ) Previously Dediu1ed O.S.
(inclu~ .ire.as l,k,L)
34.8 AC.
VU//1/J Public Open Space 1.8 AC.
~ Priv•te Open Space ' 7.2 AC.
(includes Rec. Are.1, M)
1111 UI Public or Priv•le Open Space 0.7 AC.
,,-,,,,\1\•' '❖'❖'•:t.,:<--'/--51,_, 15 AC
An'IOX. TOTAL ACUS 46.11,£ ..
l.
May include a portion of Ciay Trail.
Public or privalc apace 10 be
determined upon approval of
specific developmc•I propo1■I.
---·rn·----■ i i i I ■ ■ • •
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0
~
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OPTIONAL
UNDERPASS I •
MASTER TRAILS CONCEPT
POINSETTIA SHORES MIAST1ER PILAN
ll Al7A POIN~FTTIA f'ORPORATION
I * I LAGOON OVERVIEW
I ■ I SEA TING NODE
~ INFORMAL SIGNAGE
!:=) STAGING/PARKING AREA
1•11111111 PUBLIC TRAIL
F•••◄ CIJ y WIDf I RAIi -tPOlt JION Of ( ITV WUt lltAI
I I'«\ • 19 J9." I I PUBLIC SIDEWALK ◄OA & ◄ Ii
I I BICYCLE LANE
Nole: Public trail may be connecaed 10
C11y-widc uail syslcm, or western
edge of Maslcr Plan along Carlsbad Blvd.
·-I --·-. EB . ·----~ 1 _ 1--1....J r-r • r--::=t:J x m ~
~
BACKGROUND DATA SHEET
CASE NO: MP 175(D)\GPA 91-05\LCPA 91-02\LFMP 87-09(A)
CASE NAME: Poinsettia Shores Master Plan
APPLICANT: Kaiza Poinsettia Corporation
REQUEST AND LOCATION: Replace the educational and related uses of BLEP with
residential uses on existing master plan property.
LEGAL DESCRIPTION: North of the Batiquitos Lagoon. west of the 1-5 freeway. All of Lots
1. 2. 3. and 4 of parcel map #13653 as filed in the Office of the County Recorder of San
Diego County. January 31. 1985. with portion of the west half of Section 33. Township
12 south. Range 4 west. in the City of Carlsbad. San Diego County.
APN: 216-420-79. 216-140-17-19/2527 /29-33 Acres 130 ~~-------
Proposed No. of Lots/Units 451 plus 25% density 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 + density bonus affordable housing
Existing Zone --=P.....;C=-------Proposed Zone --=P.....;C=------
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Site
North
South
East
West
Zoning
PC
RMHP
OS
TC
Prime Arterial
PUB~_,IC FACILITIES
Land Use
75 lot single family subdivision/vacant
Lakeshore Gardens Mobile Home Park
Batiquitos Lagoon
1-5 freeway
Carls bad Boulevard
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 451 plus 25% density bonus
Public Facilities Fee Agreement, dated --=A...::.ip=n='l"-'l~0 ..... ---=1::...:9'-"9--=1'--___________ _
ENVIRONMENT AL IMPACT ASSESSMENT
.lL_ Mitigated Negative Declaration, issued _A_u_gu~s~t~l-=2 ...... _1~9~9~3 _________ _
_ Certified Environmental Impact Report, dated _____________ _
Other, ·
ENM:km
City of Carlsbad
-:.1@,,;,;;,1.;.14.fi, .. ,,t4.;1
DISCLOSL'RE STATEMENT
,1pi:,LIC,VffS ST,l,';EMENT OF '.:ISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL ~ECL..ii::c
::,sci::ETlONARY ACTION CN iHE ?AAT OF THE CITY COUNCIL OR ANY APPOINTm BOARD. COMMISSION OR COMMITTEE.
Please PrmtJ
7he following information must be disclosed:
1 . Applicant
Ust the names and addresses of alt persons having a financial interest in the application.
Kaiza Poinsettia Corporation Sea Bluff Associates,
7220 Avenida Encinas a california general partnership
SU.1te 200 Three Upper Newport Plaza Drive
Carlsbad, CA 92009 Newix>rt Beach, CA 92660-2630
2. Owner
3.
Ust the names and addresses of all persons having any ownership interest in the property ,nvciveo.
Kaiza Poinsettia Corporation Sea Bluff Associates,
7220 Avenida Encinas a California general partnership
SU.1 te 200 lnfee Opper Newport Plaza Drive
Carlsbad, CA 92009 fl:!wµJI L ei;aert, CA 92660 2630
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar: =
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr.:=
interest in the partnership. ·
Saiqa california, Inc.
7220 Ayenid~ 1-ncinas SEE ATTACHED LISTING
Suite 200
Carlsbad, CA 92QQ9
4 If any person identified pursuant to (1) or (2} above is a non-profit organization or a trust. list the names ar:=
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic:ar~·
of the trust.
FRM00013 8/90
2075 Las Pal mas Drive • Cartscad. Cat1fornia 92009-4859 • (619) 438-11 6 1
,
(Over)
Disclosure Statement Page 2
s. Have you had more than S250 worth of business transacted with any member of City staff. aca~ ::
Comm,ss,ons. Committees and Council within the past twelve months?
Yes _ No .l(. If yes. please indicate person(s) ___________________ _
~ ,1 d•fin•d u: 'Any 1ndiv1dual. firm. cogartnar,nrp, iornt v•ntur•. uaocration. 1oc1al club. fratamaJ organ,zatron. cor0ora1,on estate '.'.·~st
rec••v•r. syndrcat•. u,,, and any otn•r county, city and county, city rnunrcrpa11ty, drttnC'I or ou,e, po11t1c■1 au001v,11on. or any ou,,r ;101.,::> :r
corncrrnatron actrn; aa • unrt •
(NOTE: Attach additional pages as necessary.)
kcrr~ Mt/t?sHI 1 10.e~
Print or type name of owner
Sea Bluff Associates,
a California general partnership
By ITS GENERAL PAR'INERS:
B-L 130, Ltd., a california
.limited partnership
FRM00013 8/90
3
/<Pf~ Ht7t'SJ,,f// PY'.£~
Print or type name ciappllcan{
f
ATTACHMENT TO DISCLC;\ _(E STATEMENT (
Sea Bluff Associates,
a califomia general partnership
GENERAL PARINERS:
&-L 130, lld. , a califomia
limited partnership
Hackett Management 0.>.qXJt.dtiat,
a califomia corporation
Merrill L. Kirkpatrick,
Sole General Partner
Ten:y C. Hackett, President
LIMITED PARINERS OF &-L 130, I.IID.
Merrill L. Kirkpatrick
Walter E. M::Kinley
William strocco
Ten:y c. Hackett
I.any ~
Darius Irani
Tahamtan Aresl'l
Joost Van Adelsberg
carlsbad 130, Ltd. a califomia limited partnership
Partners of carlsbad 130 Ltd.
casa Laguna Corporation, a New York Corporation
its General Partner
Tony Mathias Deeths
H. Jeoffrey Deeths
Enrique I.JJhan
cananche Associates, a califomia partnership
Merivan Corporation, its general partner
Joyce Peterson, President
f
1533 SOUTH HILL ST., SUITED
OCEANSIDE, CA 92054
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
ATTORNEY AT LAW
September 1, 1993 RE~tym9 722-4470 -'ffE'.s.: (619) 722-2335
SEP O ~ 1993
CITY Of CARLSBAD
!06 t •·,i··:i~U";". f"'~'1lT ~ ~-·~t,,~,, J.~-... ~-e.,,. .:......ID • RE: MP 175(D)/GPA 91-05/LFMP 87-09(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 natfiral drainage _basin at its
terminus. The cost of the drai~age system aiternative 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 f.or all
drainage eliminates the need to infringe upon the
environment adjacent to the Batiquitos Lagoon westerly ox
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,
✓;_ :2uL
LOUIS TASCHNER
\
.,'ll!lf!llllr-:'i"'W'l-111"''1 __ ..,,,..,..~ -----,-.,. ~-,,
400' 1200'
I I
Aerial bue mapll by Photo Geodetic, June 21, 11188. D818 Compiled May 1990.
~ Open water
WETLANDS
[MD Muc:IFlats
~::BU:::l Coastal Salt Marsh
OM:l Brackllh Manti
~ Brackllh Woodland
~ Riparian Woodland
UPLANDS
f!;ffly;tj Coastal Sage Scrub
CE/ Disturbed Uplands
fad[& Coastal strand
~ Eucalyptus Overstory
I
I
I .-.,,,_·--,,,•-
I
I
I
I
I
I
I
I
I
I
400' 1200'
I I
I
I
I
II Aerial bue mape by Phol0 Geodetic Date Compiled May 1990_ , June 21, 1988.
I
IIJ
II
II
II
II
II
II
II
• • • • • •
400' 1200'
I I
Mrial bae fflllllS by Pholo Geodallc, Ji.-21, 1N8.
Om Con1)lled May 1IIIIO.
ATTORNEY AT LAW
1533 SOUTH HILL ST .. SUITED September 13, 1993
OCEANSIDE. CA 92054
Carlsbad Planning Commission
City of Carlsbad
Carlsbad, CA 92008
OFFICE: (6191 722-4470
RES .. (619) 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 environmental 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 drainage 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 ~o
required at this time because of the impact on
qlignment and very significant environmental issues
new desiltation basin westerly of AT&SF.
use is
the pipe
for a
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 nestin~ site, as
contpining 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 proposil; 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.
f
Resyectfu~y S~mitted,
';'(-_ ~
LOUIS TASCHNER
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 co~struction 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(Outlined in Green). The remaining area
either ponds -0r 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
~ater 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
..,-.. ,· . ·, ~ ... ·-.. ;.-._~ .. ' : ~-
.. ,?I-... -... .... ~~--..,....._..,...-'"". -~.-. ·_ . ·, . .,,;.'
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 wa~ served by a natural drainage swales which
terminated at a pipe that went through the bluff to the
o c ea n ·. ( De 1 i n ea t e d i n Or an g e ) .
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 the Mobile Horne Park and al-1
land northerly and easterly of this portion of the Mobile
Horne Park drained to the north. (Delineated in Green). The
southeastern portion of the mobile home park and the land
s-outherly .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 AT&SF. The pipe went under AT&SF to
the west and termtnated 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
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 I.FMP-09 drainag~
pa t t er n . ( Li n e ~ d-e 1 i n ea t e d i n Or a n g e ) .
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 throGgh 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
'. ,-I,\~• It: • t -f' • I ••· 1' ~ ! ~ ~ 't~!,•
(
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 Weste-r1y· 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."
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 Enhanc:ment 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, Coast~! 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
I
\
In 1992, Dale Schreiber, recognizing the potential
conflicts between the LFMP-O9 Desiltation nc1sin ;)nrJ the 104
Permit Environmental Review, had an alternate alignment of
the drainage pipe from Zone 22 to the existing desiltation
ta s i n e v a l u a t e d _ f o,r cost . ( A l t e r n a t i v e o u t 1 i n e d i n 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-O9 alignment for the
pipeline (Outlined in Orange) and the LFMP-O9 alignment cost
was computed to be $981,242.00.
Not taken into consideration for cost is the potential
relocati9n 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
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 th~ existing desiltation basin east of AT&SF
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;
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
(
City of Carlsbad.
■ A 61,1,ii ,i· 1 ·14 •Elill,t41i I
September 29, 1993
Louis Taschner
1533 South Hill Street, Suite D
Oceanside, CA 92054
RE: COMMENTS MADE TO TI-IE PO.INSETTIA SHORES MASfER PI.AN -MP 175(0).
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.
Response
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,
~;11~
ERIC MUNOZ
Associate Planner
. ENM:km
Taschner.Ltr
2075 Las Palmas Drive • Carlsbad, California 92009-'1576 • (6'19) 438-'1 '16'1
City of Carlsbad
M#dhh,h,i·l·l4•i¥11••ei401
September 29, 1993
Louis Taschner
1533 South Hill Street, Suite D
Oceanside, CA 92054
RE: COMMENfS MADE TO TI-IE POINSE"I IIA SHORES MASI'ER PLAN -MP 175(0)
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.
Response
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 23, 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,
EA/4. /1 u.;;,°'J
ERIC MUNOZ
Associate Planner
ENM:km
Taschner.La
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
(
SEPTEMBER 27, 1993
TO:
FROM:
THE PLANNING DEPARTMENT
THE -ENGINEERING DEPARTMENT
VIA ASSIST ANT CITY ENGINEER QM_rj-'
PROJECT MP 175D, KAIZA POINSETI'IA SHORFS MASTER PLAN AMEND:MENT
SUBJECT REPORT ON ATTACHED COMMENTS FROM MR. LOUIS TASCHNER
The developer of the Poinsettia Shores Master Plan is proposing construction of a storr, drain
line from the southwest comer of the Lak:eshore Gardens Mobile Home Park across the :AT &SF
railroad tracks along the railroad 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 ~t 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 excavation depths to install the
pipe. Such depths would exceed City Standards, make maintenance more difficult and
expensive and increase the cost of installation.
H:\UBRAllY\l!NO\WPDA TA \DA VJS\TASCHNEJt.RPT
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 basiµ. 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 size. 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 railroad tracks into the historical path through the
Ponto Storage site. When this portion is developed, 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.
H:\UBllAJI.Y\ENO\WPDATA \DA VJS\TASCHNPJl.RPr
" -State of California Business, Transportation and Housing Agency
Memorandum
To: STATE CLEARINGHOUSE
T. LOFTUS
Date: September 9, 1993
File: 11-SD-5
P.M. 44.8/46.2
From: DEPARTMENT OF TRANSPORTATION
District 11 Planning
Subject: Review of Poinsettia Shores Master Plan MND-SCH 93081049
We have reviewed the Mitigated Negative Declaration for the proposed Poinsettia
Shores Master Plan in the City of Carlsbad and have the following comments:
• 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 1-5 (as outlined in the July
1990 Route Concept Report). Future 1-5 projects will be based on federal
requirements and additional noise mitigation should not be required for the
proposed ~evelopment when the freeway improvements are constructed.
• Caltrans supports the concept of "fair share contributions" from developers for
mitigations within the 1-5 corridor.
Our contact person for 1-5 is Roger Carlin, Project Development North Engineer, (619)
688-6963.
BD/MO:ce.
' Sincerely,
BILL DILLON, Chief
Planning Studies Branch
C '.
September 29, 1993
Roger Carlin
CALTRANS
2829 Juan Street
San Diego, CA 9211 O
MSD1
City of Carlsbad
■Afiihhih·l·l4•Shilei4hi
RE: COM.MENTS MADE TO THE POINSETTIA SHORES MASTER PLAN -MP
175(0)
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 1-5
freeway noise should meet federal requirements and be based on 20 year traffic
projections and the ultimate freeway configuration for 1-5. In addition, it is stated that
CAL TRANS supports 11fair share contributions11 from developers for mitigations within the
1-5 corridor.
Response
Planning area 11C11 is the developable portion of the master plan that is adjacent to the 1-5
freeway and will require noise mitigation. In response to the CAL TRANS comments
made, the master plan text has been revised to require that the noise analysis necessary
· for planning area 11C11 be coordinated with CAL TRANS to ensure compliance with long
term objectives for this section of the 1-5 corridor. The developer of planning area 11C11
will be responsible for the financing and completion of any required noise mitigation
measures.
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,
~~/Vt~
ERIC MUNOZ
Associate Planner
2075 Las Palmas Drive • Carlsbad, California 92009-1576 •
ENM:km
Cadloltr
(619) 438-1161
/ I '
BATIQUITOS LAGOON FOUNDA'pON -~------------------------------------------
9/14/93
Michael Holzmiller, Planning Director
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
· S E? 1 7 1~~'3
-:,. ; . -:'· ... ., . : " ; . :. ' --..... t ~...,.. t~:-; .:. t . ,. . . · ..... ~ .. -. ~. -~ .. ;:'-,._ ~7'
--•··: •.'Ill
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. '
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. !fit 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
Carlsbad, CA. 92008
BATIQUITOS LAGOON FOUNDATION
Creating a master plan without the accepted City of Carlsbad 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 g~tes) 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
Encinas) 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 1-5 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?
f
6. The planning areas west of the railroad R.O.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
Carlsbad, CA 92008
f
I
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.
s~~ JcUt
Seth Schulberg 6f. ~ ..
President
P.O. Box 3103
Carlsbad, CA 92008
City of Carlsbad
■:;;e;;;;;;.,,-;.z4.1;;;;,,,4,;1
September 30, 1993
Seth Schulberg
Batiquitos Lagoon Foundation
P.O. Box 3103
Carlsbad CA, 92008 .
RE: COMMENTS MADE 10 TIIB POINSETilA SHORES MASTER PLAN -MP 175(0)
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 in~dequate 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 cl.ear and predictable "road map" for
future development and is not as detailed and thorough as the existing BLEP master plan
document; c) if the City's desire is to delete the master plan and revert to "straight zoning",
then that should be 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 "community" 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 tangi'ble
development standards.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
Seth Schulberg
September 30, 1993
Page 2
( (
7. Provisions must be made to ensure that trail segments are constructed prior to the granting
of occupancy for new development.
Responses
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 here: All non-residential BLEP uses on the east side (totalling approximately a
million square 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
approv~d 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 comp{ete BLEP document is also
available for review in the Planning Department for continued comparisons with the
Poinsettia Shores project.
2. 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 1;>lanning area to obtain a
Coa·stal Development Pennit pursuant to the West Batiquitos LCP prior to final map
recordation. LCPA 91-02 is being processed concurrent with the master plan amendment.
3. Gated communities are allowed in Carlsbad if all applicable standards can be satisfied.
4.
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 Pennit 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.
a) The "Delayed Architectural Review" process was contained in a draft version of the
master plan text made available to the Foundation. 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 specific pennits and will undergo standard pennit 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
Page 3
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.
b) 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 17S(C), 1989) regarding the subject property by "spreading" the remaining
allowed BLEP density over the master plan's east side. Given the change in property
ownership of the master plan area/ the proposed amendment is the first 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.
c) 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 specifically outlines the required objectives and contents of a master plan. The
proposed project complies with the PC zone. Major roadway improvements (the
alignment of Avenida Encinas-a Circulation Element roadway in the City's General
Plan), the establishment of residential planning areas on the east side, guiding t;he
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.
d) 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 Poinsettia, 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 linlcage 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 rights being pursued
by the applicantare within the requirements and limitations of City ordinances and policies.
A community benefit will be realized by the fulfillment 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, contn'butions
as required for public facilities by the Zone 9 LFMP, 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 plan. 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
Page 4
(
6.
conjunction with the existing Rosalina single family subdivision. This trail has received final
design approval from the City and is ready to begin construction pending final Coastal
Commission 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 required/City approved trail will form a link in the City's trail system.
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 d~velopment can not be allowed on the
west side at this· time, the currently allowed uses are retained. Some development
standards are included in the master plan, however, specific proposals will be
reviewed at the. planning area level 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 (CO zone.
7. Where a trail is required, the trail plan is required 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 provision of the
master plan is that no grading, modification 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,
E~M~~
ERIC MUNOZ
Associate Planner
ENM:km
Ltr3
2076 Sheridan Road
Leucadia, CA 92024
September 15, 1993
Planning Department
City of Carlsbad
RECEIVED
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: Kaisa/Poinsettia Shores Master Plan
Attention: Eric Munoz
SEP 1 7 1993
CITY OF CARLSBAD
PLANNING DEPT.
Dear Mr. Munoz:
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
like this letter and your answers to be part of the
Thank you very much.
1) What other properties and/or building projects are
to drain (now and in the future) into Batiquitos Lagoon
the Kaisa property?
would
record.
expected
through
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 builds out as
planned, all run-off west of I-5 and south of the Encina sewage
plant will be directed to Batiquitos Lagoon through the Kaisa
property, and will require huge (80inch) piping and trenching
facilities. Sedimentation would be massive, requiring dredging
of the middle basin every three years to retain capacity.
We have great concern about this drainage plan. We believe the
natural values of the Batiquitos system will be adversely
impacted by the constant disruption of the natural Batiquitos
system.
We would hope that the City and the Resource Agencies would
cooperate in assessing this problem and in working out a less
disruptive and more biologically sound solution.
4) How many total dwelling units remain to be built on
From what you said, I figure the allowed number
Trris would include the five lots still remaining
property?
total 500.
the bluffs.
the
to
on
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 Carlsbad
Growth Management Plan for this development, and how will those
requirements be satis~ied?
Thank you for your attention to these questions and comments.
copies to resource agencies 'and
interested parties
Dolores Welty
September 30, 1993
Dolores Welty
2076 Sheridan Road
Leucadia, CA 92024
City of Carlsbad
■::;; e;,t,;; h·l •l§ ·i=lihei§Ui
RE: COMMENTS MADE 10 TI-IE POINSETilA SHORES MASTER PLAN -MP 175(0)
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?
Responses
1. The Master Drainage Plan, both the existing and 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 92009-1576 • (619) 438-1161
Dolores Welty
September 30, 1993
Page 2
(
2. These quantitjes and values were looked at to a degree of feasibility when the Zone 9 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.
3. 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 Encinas
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.
4. 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).
5. The location of the blufftop access trail is shown on the master plan's Master Trails Exhibit,
attached for your reference.
6. 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 less 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.
7. 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 lnown as Alta 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.
Dolores Welty
September 30, 1993
Page 3
8. -The lagoon blµfftop 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,
!::__~ /1~::i
ERIC MUNOZ
Associate Planner
ENM:km
Ltr4
[
PLANNING I
_ SYSTEMS •
MEMO
LAND USE/COASTAL PLANNING
LANDSCAPE ARCHITECTURE• CA #251R
POL.ICY AND PROCESSING
COMPUTER-AIDED SYSTEMS
September 15, 1993
To:
From:
Re:
Background
John Blair, Carlsbad Unified School District
Dennis Cunningham, Planning Systems
Poinsettia Shores Master Plan Comments
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 Pia~
Amendment. Furthermore, the applicant is proposing an change in land use which
requires a Local Facil_ities Managel!'ent Plan Amendment, (LfMP-A to Zone 9) a
General Plan Amendment and a Local Coastal Program Amend~_ent.
Current
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 adequacy 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 fadlity
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; HThe Carlsbad
Unified School District has indicated its ability to provide capacity to the ultimate
build out of Zone 9 through the use of re-locatables and trailers on current sites H.
The real concern with the application package submittai 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, CHy Of Carlsbad-Planning Department
2111 PALOMAR AIRPORT ROAD• SUITE 100 •CARLSBAD.CA 92009 • (619) 931-0780 • FAX (619) 931-5744
September 30, 1993
Dennis Cunningham
Planning systems
2111 Palomar Airport
Suite 100 -
Carlsbad, CA 92009
DRAFT
Road
RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PLAN -MP 175(0)
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 .....
ISSU [ / s
12--'c7:::. 0 (__ V I;::?, -g_ ~0 \.. JT\_0 ,-J ~ ~,
w, "-'" ~ i>~\'.) ~M,
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.
~~~"t:bw-Ai:
£h~ ~ M1. ti,~~· S~ncerely,
~~~"41./ll~· ERIC MUNOZ
Associate Planner
OPTIONAL
UNDERPASS ft A.'L\)((
N
--:.J
MASTER TRAILS CONCEPT
IPORNS1E1r1'lA S1Hl0IF(IE§ MA§1flE}f?( If»JLAN
-----------..... ~ ~ 'II"""' ... ,. ,...-... ,,......,. .I rT""' .. "-'111. '
LEGEND -----------------------:-~~ ...
I * I LAGOON OVERVIEW
I ■ I SEA TING NODE
! 0 I INFORMAL SIGNAGE
~ STAGING/PARKING AREA
!11111111! PUBLIC TRAIL
F•••◄ CITY WIDE TRAIL -(PORTION QF CITY w1or ""-a.IL
LINKS •39, _ .1A. PUBLIC SIDEWALK 40A & ◄1J
BICYCLE LANE I
I 0000 I PRIVATE PEDESTRIAN TRAIL
,..., ...., 1W IW I rn I &..a )GO --
WIil I 1,1
,-v111n1T 1 I
lV
l.J
80'
20' MIN, 25~ AVG
•••• •••••••• •••••
OPEN SPACE PLAN
••••• ~ ···•··· .....
lPOilNSlE1r'filA SHOiltlES MA§'flEill I?lLAN
--........ .-.. ........ 'Y,..... ....... ~...,. • ,-... ~ ~ T""'\. .,,-..,. Y" , ,.,-,Tr-'\.ir.. 1
I =t: I Setback
L : : : : : I Previously Dedicated O.S.
(includes areas l,K,L)
V/J/11/41 Public Open Space
1§§§§) Private Open SpacE;
(includes Rec. Area, M)
!1111111 Public or Private Open Space
Frr-:--·• .. r1 -;:--;\\--\:/--\: Slopes
APPROX. TOT AL ACRES
APPROX.
GROSS AC.
34.8 AC.
1.8 AC.
7.2 AC.
0.7 AC.
1 ,5 AC.
46.0 AC.
A. With respect to westside 40' setbacks
and 45' bluff top setbacks
the following apply:
I. May include a portion of City Trail.
2. Public or private space to be
determined upon approval of
specific development proposal.
,,.., -IUD '"' • EB . ,.. IOI -.. I I I I I [ I I I L I
'>
FXlllHlT 10
(
t,, STATE OF CALIFORNIA-THE RESOURCES AGENC.1 PETE WILSON, Go .. mo,
l-,; DEPARTMENT OF FISH AND GAME
, , 3~J GOLDEN SHORE, SUITE 50
',, LONG BEACH, CA 90802
(310) 590-5113
Mr. Eric Munoz
City of Carlsbad
September 16, 1993
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.
Any questions regarding this letter should be addressed to Mr.
Tim Dillingham, Wildlife Biologist, at our San Diego office,
phone : ( 619) 5 2 5 -4 215 .
cc: Mr. Tim Dillingham
Wildlife Biologist
San Diego, California
Mr. Terry Foreman
Fishery Biologist
Ramona, California
Ms. Terri Dickerson
Environmental Specialist III
Laguna Hills, C~lifornia
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 Commiss"ion
Long Beach, California
s7ri1
Fki ~y
Regional
Region 5