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HomeMy WebLinkAbout1998-03-03; Planning Commission; ; CT 97-10|CDP 97-16 - POINSETTIA PROPERTIES MASTER TENTATIVE MAPThe City of CARLSBAD Planning Department Item No. P.C. AGENDA OF: March 3,1998 Application complete date: 10/26/98 Project Planner: Adrienne Landers Project Engineer: Ken Quon SUBJECT: CT 97-10/CDP 97-16 - POINSETTIA PROPERTIES MASTER TENTA- TIVE MAP - Request for approval of a master tentative tract map and coastal development permit to subdivide a 55.6 acre site into 5 developable lots at the northwest corner of Avenida Encinas and Poinsettia Lane in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4485 and 4487 APPROVING CT 97-10 and CDP 97-16 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed master tentative tract map intends to subdivide Parcel A of the Poinsettia Properties Specific Plan into five independent legal lots which would follow the planning area boundary lines established by the specific plan. The subdivision would also allow for separate ownership of each parcel. During its review of the specific plan, the California Coastal Commission added the requirement for a sight line analysis to identify and avoid significant impacts to existing public views from Interstate 5. As designed and conditioned, the project addresses this concern and is consistent with all relevant City and Coastal Commission regulations and policies. All issues have been resolved. III. PROJECT DESCRIPTION AND BACKGROUND In January 1998 and October 1998, the City Council and California Coastal Commission respectively approved the Poinsettia Properties Specific Plan. This document addresses eight planning areas wrapping around the east, west and south sides of the Poinsettia Transit Station. The Specific Plan was designed to create a transit-oriented development (TOD) project located near the rail station and the nearby major transportation corridor, Interstate 5. The proposed master tentative map intends to subdivide Parcel A (see Attachment 6) of the Poinsettia Properties Specific Plan into five independent legal lots which would allow for separate ownership and development of each parcel. Lots 1 and 3 would be designated for residential development; Lot 2 for recreational facilities; Lot 4 for affordable housing; and Lot 5 for residential/commercial development. Proposed lot lines are coincident with planning area boundaries of the specific plan. CT 97-10/CDP 97-16 - POINSETIA PROPERTIES MASTER TENTATIVE MAP March 3, 1998 Page 2 Due to the Specific Plan's location within the Mello II Segment of the Local Coastal Program (LCP), the project was reviewed by the California Coastal Commission which suggested several modifications to the plan. These modifications, approved by the City Council in October of 1998, were considered only minor refinements which did not change the general structure of the plan, the layout of the various planning areas or the density of the project. One of the modifications relevant to the master tentative map required protection of significant ocean horizon views for the public traveling on 1-5. Whether or not there were significant views was required to be determined through a metes and bounds analysis which would accompany the master tentative map. The subject site is located within the southwest quadrant of the City in Local Facilities Management Zone 22. The site is bounded on the north and east by Avenida Encinas, by Poinsettia Lane to the south, and by the San Diego Northern Railroad (SDNR) right-of-way on the west. The vacant project site has a basically flat elevation and has been disturbed by agricultural operations and contains ruderal vegetation limited to non-native grasses and small shrubs. The proposed project is subject to the following plans, ordinances, standards and policies: A. Carlsbad General Plan; B. Mello II Segment of the Carlsbad Local Coastal Program; C. Poinsettia Properties Specific Plan; D. Subdivision Ordinance; and, E. Growth Management Ordinance. IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies. A. GENERAL PLAN When the City Council approved the Specific Plan in 1998 the finding was made that the Poinsettia Properties Specific Plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. This finding was based on the fact that the specific plan provides for the following: (1) the provision of the necessary circulation element roadway improvements (Avenida Encinas and Carlsbad Boulevard); (2) the protection and enhancement of the off-site wetland areas; (3) the construction of a future public trail; (4) the provisions for affordable housing; and (5) compliance with the Local Facilities Management Plan Zone 22 for public facilities and services. Based on this implementation and consistency relationship between the Poinsettia Properties Specific Plan and the General Plan, it can be assumed that if the proposed subdivision is consistent with the Specific Plan, the subdivision is also consistent with the General Plan. As noted above, the subdivision lots are coincident with the Specific Plan planning area boundaries. CT 97-10/CDP 97-16 - POINSETIA PROPERTIES MASTER TENTATIVE MAP March 3, 1998 Page 3 B. MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM When the Poinsettia Properties Specific Plan was approved, it was accompanied by a Local Program Amendment (LCPA) to provide consistency between the specific plan, the zoning ordinance and the Mello II Segment of the LCP. When the LCPA was heard by the Coastal Commission, the specific plan became the land use plan and implementing ordinance for this section of the Mello II Segment. The LCPA was approved with the requirement for the applicant to provide a metes and bounds analysis to determine, whether or not there were significant ocean horizon views for the public traveling on Interstate 5. Indirectly, the Commission deferred this decision to the Planning Commission because the master tentative map and accompanying coastal development permit are not required to be heard by the Coastal Commission. Neither during the Coastal Commission hearings nor in the suggested modifications was there any discussion or provisions for the protection of private views for nearby residents. In analyzing the view impacts on Parcel A, the applicant prepared a viewshed analysis for Parcels A and B located on the north side of Poinsettia Lane and for Parcel C located on the south side of Poinsettia Lane. The areas of potential impact, as identified from prior coastal development permits issued by the Coastal Commission, are shown on Attachment 7 and discussed below. Parcels A and Br north of Poinsettia Lane There are two areas of potential impact related to these parcels. This includes the parking lot south of the Volvo dealership and the cul-de-sac north of the Raintree Restaurant. The viewshed analysis determined that the elevation of the freeway at these locations is 71.5 feet with a car occupant at an elevation of about 75 feet. At the two test sites, ocean horizon views are obscured by the vegetation located at the Carlsbad State Beach. Vegetation along the State park reaches a consistent height of 79 feet to 83 feet. Elsewhere, along the Parcels A and B properties, there is no potential loss of ocean horizon views because there are no ocean views at the 75 foot elevation. Parcel Cr south of Poinsettia Lane At this site, the viewshed boundaries were defined by a prior coastal development permit for Poinsettia Village. Carrying these lines through to the ocean indicates the boundaries as narrowly missing Parcel C. A video done by the applicant from a car traveling south at 65 mph on Interstate 5 indicates a 1-2 second view of the ocean horizon to the south of parcel C; however, this is not in the viewshed identified by the Coastal Commission and does not impact Parcel C. There is also a 1-2 second view of the ocean horizon from the southbound 1-5 on- ramp. The elevation at this location is significantly higher than any surrounding development to the north or south. It would be impossible for any westerly development to preserve this brief view. In addition, for safety's sake, drivers should be looking south rather than to the west. It is staffs recommendation that the ocean views on the south side of Poinsettia Lane cannot be determined to be significant because they are extremely brief and do not constitute any vista-type views such as those that the traveling public would enjoy when crossing Batiquitos Lagoon to the south. CT 97-10/CDP 97-16 - POINSETIA PROPERTffiS MASTER TENTATIVE MAP March 3, 1998 Page 4 The proposed project is consistent with the LCP because it is in compliance with the Coastal Commission viewshed requirement listed above, with the General Plan policies outlined in Section A above and with the Specific Plan standards addressed in Section C below. In addition, the project has been conditioned to pay the Agricultural Conversion Mitigation Fee, consistent with the Coastal Agricultural Overlay Zone of the Local Coastal Program. C. POINSETTIA PROPERTIES SPECIFIC PLAN The proposed subdivision is consistent with the Poinsettia Properties Specific Plan. As noted earlier the proposed lot lines are consistent with the planning area boundaries of the specific plan. The subdivision is being done for financial purposes to create independent lots and does not include any development rights. All future development, per the Specific Plan, is required to process one or more discretionary actions at which time compliance with land uses, development standards, and facility improvements will be evaluated. D. SUBDIVISON ORDINANCE The proposed subdivision is consistent with all subdivision requirements required by Title 20 of the municipal code; which, at this point in the development process, are minimal. Each lot contains frontage along Avenida Encinas, a Secondary Arterial, which is to be widened to four lanes with the approval of future discretionary applications on each parcel. Future projects will be required to provide streets, street lights, fire hydrants, and drainage and sewer facilities. All local streets within this area, including the improvements to Avenida Encinas, will be constructed by the developer to full width private or public street standards, including curb, gutters, sidewalks and underground utilities. The subdivision has been designed and structured so that there are no conflicts with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. In addition, the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). E. GROWTH MANAGEMENT An amendment to the Local Facilities Management Plan for Zone 22 was approved concurrently with the Poinsettia Properties Specific Plan. At that time, all facility impacts were analyzed and it was determined that all facilities would be provided, prior to or concurrent with need, pursuant to the facilities performance standards of Growth Management. Since the proposed subdivision is consistent with the Specific Plan in which all facilities were determined to be in compliance with adopted performance standards, no further growth management analysis is necessary. Because the proposed project is a financial subdivision only, no impacts to facilities will occur at this time. CT 97-10/CDP 97-16 - POINSETIA PROPERTIES MASTER TENTATIVE MAP March 3, 1998 PaeeS improvements required in the specific plan. No new impacts are anticipated as a result of this action and no new mitigation measures are necessary, therefore, no further environmental review is required. The Planning Director determined that the proposed subdivision is pursuant to and in conformance with Specific Plan 210 for which a Program EIR was prepared and certified. No additional environmental impacts will be created by the proposed subdivision, therefore, the project is exempt under Section 15182 of the California Environmental Quality Act. ATTACHMENTS: 1. Planning Commission Resolution No. 4485 (CT) 2. Planning Commission Resolution No. 4487 (CDP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Poinsettia Properties Planning Areas 7. Reduced Exhibits 8. Viewshed Analysis 9. Full-size Exhibits "A" - "C", dated March 3, 1998 AH:eh:mh POINSETTIA PROPERTIES MASTER TENTATIVE MAP CT97-10/CDP97-16 BACKGROUND DATA SHEET CASE NO: CT97-10/CDP97-16 CASE NAME: Poinsettia Properties Master Tentative Map APPLICANT: HSL/BP Michan. L.P. REQUEST AND LOCATION: Subdivide a 55.6 acre site into 5 developable lots consistent with the planning area boundaries of the Poinsettia Properties Specific Plan located at the northwest corner of Avenida Encinas and Poinsettia Lane LEGAL DESCRIPTION: Portions of the east half of Section 29 and the west half of Section 28. Township 12 south, Range 4 west. San Bernardino Base and Meridian, in the City of Carlsbad. County of San Diego APN: 214-450-25 Acres: 55.6 Proposed No. of Lots/Units: 5_ GENERAL PLAN AND ZONING Land Use Designation: RH/TR/RMH/OS Density Allowed: NA Density Proposed: NA Existing Zone: RD-M/CT/OS Proposed Zone: NA Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site RD-M/CT/OS RH/TR/RMH//OS - vacant North PM/O PI/O - vacant South RMHP RM - Lakeshore Gardens Mobilehome Park East C-2 C/TR - Kaiser, Volvo, Raintree West RDM RMH/RMHP - vacant/Lanikai Lane Mobilehome Park PUBLIC FACILITIES School District: CUSP Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): NA Public Facilities Fee Agreement, dated: April 8r 1996 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated. Other, 15182 subdivision pursuant to a specific plan City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person (See attached) Title Corp/Part Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title (See attached)Corp/Part Title Address Address 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-OS94 HSL/BP/Michan, L.P., a California limited partnership By: Its General Partner, HBM Poinsettia, L.P., a California limited partnership By: Its General Partner, Benchmark Pacific Management, Inc., a California corporation By: Douglas M. Avis, President Date: fkhrua 3 SheeM ! 1 Disclosure Statement Question # 1. APPLICANT:HSL/BP/Michan LP, A California Limited Partnership 5055 Avenida Encinas, Suite 210 Carlsbad, CA 92008 Ownersl ioofAo Other Parties wit Dlicant in exc ass of 10%- i j i i ; i ' •I i i j ! HBM Poinsettia, a California Limited Partnership ' Doug Avis — Controlling Principal 5055 Avenida Encinas Carlsbad, CA 92008 h a financial interest in the Project ( Bridge Housing Corporation 1 Hawthorne Street, Suite 400 San Francisco, CA 941 05-3901 Disclosure Statement Question # 2. OWNERS AS TENANCY IN COMMON: 25.00% 18.25% 17.88% 13.75% 25.12% 100% ot 4 of master tentative map): I Strata/Poinsetba, a California General Partnership Carlos Michan - controlling principal 4250 Executi 'e Square, Suite 440 La Jolla, CA 92037 Benchmark Pacific Poinsettia L.P., a California Limited Partnership Doug Avis — Controlling Principal 5055 Avenida Encinas Carlsbad, CA 92008 HSL Properties, Inc., a California Corporation Humberto S Lopez — controlling principal 1 037 So. Alvemon, Suite 200 Tucson, AZ 85711 I I Strata Equity Corporation, a California Corporation Carlos Michan — controlling principal 4250 Executive Square, Suite 440 La Jolla, CA 92037 HSL/BP/Michan LP, a California Limited Partnership Doug Avis - Controlling Principal 5055 Avenida Encinas, Suite 210 Carlsbad, CA 92008 Pagel ATTACHMENT 6 POINSETTIA PROPERTIES EASEMENT NOTES: HEM sod«v*cw M/QMIart er aimo- Trrnr / / / GENERAL NOTES: tttmors MttEL MD, . DtSTMC IOMNC tWUl PUN GCNDW. PU CONTOUN kWICCUH UATMKMX. . HUHOCF or ton. NUHKIr OT UNITS NONC (POfttrrm «U.O<4 FOR spcerc PUW (so, STOCKPtJW DT D«n SMfifT I flf J 5WZ75 - f 5MASTER TENTATIVE MAP FOR POINSETTIA PROPERTIES UMTCD 3CMOW n HUNOP*! WWW O SQ ratMTTTH MOUFHIS SPtCVC f ik Mommcs s»ft*ic P VICINITY MAP BENCHMARK: OH NOrTTH tTc%s£« rat-n*or cunuuff or WTH•.« ON POWO ncn i tt IMC so OUSH N CMT DDWCKTTH Ul/IHCNI OT tW POOOT . 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