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HomeMy WebLinkAbout2000-01-19; Planning Commission; ; CDP 99-28 - CARLSBAD COASTThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 19, 2000 Application complete date: August 16, 1999 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: CDP 99-28 - CARLSBAD COAST - Request for a Coastal Development Permit to allow the subdivision of 25.3 acres into two parcels, on property generally located north of Batiquitos Lagoon, between Carlsbad Boulevard and the San Diego Northern Railroad right-of-way, in Local Facilities Management Zone 9. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4719, APPROVING Coastal Development Permit CDP 99-28, based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The proposal involves the subdivision of 25.3 acres of the west side of Poinsettia Shores Master Plan into two parcels. The parcels would be separated by the east-west trending Avenida Encinas and the northern parcel would be split by the current alignment of Ponto Drive. The two parcels cover Planning Areas F, G, and H of the Poinsettia Shores Master Plan. No development is proposed with this subdivision and the proposal meets all applicable rules and regulations. The City Engineer has conditionally approved a Minor Subdivision (MS 99-04) for the subdivision, subject to approval of this Coastal Development Permit. Staff has no issues with the proposed minor subdivision. III. PROJECT DESCRIPTION AND BACKGROUND K. Hovanian Companies of Southern California is requesting approval of a Coastal Development Permit to allow the subdivision of 25.3 acres into two parcels. The property is located north of Batiquitos Lagoon, between Carlsbad Boulevard and the San Diego Northern Railroad right-of-way. The area of the subdivision is coincident with the boundaries of Planning Areas F, G, and H of the Poinsettia Shores Master Plan. The site is currently undeveloped with the exception of two roadways that traverse the site: Avenida Encinas and Ponto Drive. These roadways were constructed as part of the earlier development of that portion of the Poinsettia Shores Master Plan east of the San Diego Northern Railroad right-of-way (through the Master Tentative Map CT 94-01). The southern edge of the site is marked by a steep bluff that slopes into Batiquitos Lagoon and is designated as Open Space in the Master Plan and covered by an open space easement. The subject property is zoned Planned Community (P-C) and is entirely covered by the Poinsettia Shores Master Plan (MP 175). The property north of Avenida Encinas is designated CDP 99-28 - CARLSBAD COAST January 19, 2000 Page 2 as an Unplanned Area (UA) in the General Plan, and the property south of Avenida Encinas is designated Travel-Recreational Commercial and Community Commercial (T-R/C). The area of the subdivision covers three Planning Areas: Planning Area F north of Avenida Encinas and Planning Areas G and H south of Avenida Encinas. Ultimate development of the project area must comply with the provisions of the Poinsettia Shores Master Plan, including the use restrictions and development standards for Planning Areas F, G, and H. Planning Areas G and H are slated for hotels, time shares and other tourist-commercial uses. Planning Area G allows up to 220 hotel and/or time share units, private recreational facilities as well as 58,600 square feet of commercial area. Planning Area H allows up to 150 executive suite hotel units, a maximum of five tennis courts and a 120,000 square foot commercial area, including a 25,000 square foot conference center. Planning Area F is an unplanned area, which requires a Major Master Plan Amendment to determine ultimate development allowances prior to further development approvals. The proposed subdivision includes a future public trail along the railroad right-of-way and the lagoon blufftop. The portion of Poinsettia Shores Master Plan west of the railroad right-of-way is required to form its own Master Association for maintenance of open space areas, etc. Since no development is proposed, no Master Association is being formed with this map. The map has been conditioned, however, to offer an irrevocable offer of dedication for this trail to ensure that the necessary delineation and security are in place for the trail. Any development of the project site would require the formation of a Master Association, the recording of trail maintenance easements to the Master Association, and physical construction of the trail. The Carlsbad Coast project is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. P-C - Planned Community Zone (Chapter 21.38 of the Zoning Ordinance); D. Poinsettia Shores Master Plan (MP 175 and its amendments); E. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); F. Zone 9 Local Facilities Management Plan. IV. ANALYSIS The recommendation for approval of 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 utilizing both text and tables. A. General Plan Since the Carlsbad Coast subdivision involves no construction, and the land uses have already been determined through the Poinsettia Shore Master Plan, there are very few elements of the CDP 99-28 - CARLSBAD COAST January 19, 2000 Page 3 General Plan that pertain to the proposal. The relevant elements are the Land Use and Open Space and Conservation. Table 1 below details how the project complies with these General Plan Elements. TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT Land Use Open Space & Conservation USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Limit future development adjacent to lagoons so as to provide physical accessibility for public use to the greatest extent possible. Obtain an irrevocable offer to dedicate for trailways where feasible. PROPOSED USES AND IMPROVEMENTS Proposed subdivision includes IOD for public trail in conformance to master plan. Proposed subdivision includes IOD for public trail in conformance to master plan. COMPLIANCE Yes Yes Given the above, the Carlsbad Coast proposal is consistent with the applicable portions of the General Plan. B. Local Coastal Program The proposed two-lot subdivision is located in the West Batiquitos Lagoon/Sammis Properties segment of the City's Local Coastal Program and is subject to the corresponding land use policies and implementing ordinances. The implementing ordinances for those portions of the West Batiquitos Lagoon/Sammis Properties segment within Poinsettia Shores are contained in the Poinsettia Shores Master Plan. This section addresses only conformance with the Land Use Plan since implementing ordinance conformance is addressed in section C below. The policies of the West Batiquitos Lagoon/Sammis Properties segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The land uses allowed through the LCP segment are the same as those allowed through the master plan and no development is proposed with this subdivision. All steep slopes with vegetation have already been secured under an open space easement through the master tentative map for Poinsettia Shores (CT 94-01). Since no development is occurring with this map, no grading or erosion control issues exist. No agricultural lands exist within the site therefore no impacts to such will occur. As discussed above, the project has been conditioned to guarantee coastal access through an irrevocable offer of dedication for a public trail as shown in the master plan and LCP. Given the above, the Carlsbad Coast project is consistent with the West Batiquitos Lagoon/Sammis Properties land use policies. C. Planned Community Zone The underlying zoning for the Carlsbad Coast project area is P-C, Planned Community. In accordance with that designation, the Poinsettia Shores Master Plan was created to implement that zoning. No specific development standards or design criteria exist in the P-C zone, however CDP 99-28 - CARLSBAD COAST January 19, 2000 Page 4 all applicable standards and criteria are contained within, or referenced by, master plan documents. Therefore, conformance with the master plan requirements also indicates conformance with the Planned Community Zone. The project's conformance with the requirements of the Poinsettia Shores Master Plan is discussed in Section D below. D. Poinsettia Shores Master Plan The project site lies within the Poinsettia Shores Master Plan and is subject to the provisions of MP 175 and its amendments. The project covers Planning Areas F, G, and H, which constitutes the entire developable area of the master plan west of the railroad right-of-way. As discussed above, Planning Area F is an unplanned area, while Planning Areas G and H are designated for hotel, time share and other tourist commercial uses. The proposal includes only a subdivision of property, with no physical development or grading. The boundaries of the two proposed parcels match the exterior boundaries for Planning Area F (north of Avenida Encinas) and Planning Areas G and H (south of Avenida Encinas). The project is also conditioned to provide an irrevocable offer of dedication for the public trail located on the site, in conformance with the master plan requirements. Given that no development is proposed and the boundaries of the subdivision follow the boundaries of the Planning Areas, the Carlsbad Coast project is consistent with the Poinsettia Shores Master Plan. Since the Poinsettia Shores Master Plan serves as the implementing ordinance of the Local Coastal Program for this site, consistency with the master plan also represents consistency with the LCP implementing ordinances. E. Subdivision Ordinance Title 20 of the Carlsbad Municipal Code (C.M.C.) details the procedures and requirements for a Tentative Parcel Map. There are a variety of findings and circumstances that must be found or met in order to approve a Tentative Parcel Map. These findings center around preventing easement and/or title conflicts and providing adequate street, drainage and other infrastructure improvements. The necessary findings also include consistency of the subdivision with Title 19 (Environment Ordinance) and Title 21 (Zoning Ordinance) of the C.M.C., which is demonstrated in the other sections of this report. The proposed minor subdivision has been reviewed by the Engineering Department with regard to conformance with Title 20. The proposed lots conform to all requirements and the streets included in the subdivision, namely Avenida Encinas and Ponto Drive, are already in place. Since no development is proposed with this map, no other infrastructure, such as internal circulation or drainage, is included. Any future development will require additional discretionary review at which time the actual infrastructure needs will be assessed. As stated in the introduction, the City Engineer has conditionally approved a Minor Subdivision (MS 99-04) for this project, subject to approval of this Coastal Development Permit. Therefore, the proposed minor subdivision is consistent with the Subdivision Ordinance. F. Zone 9 Local Facilities Management Plan The project site is located in Local Facilities Management Zone 9. No special development requirements, such as roadway construction or other infrastructure improvements, apply to this two-lot subdivision. The project is conditioned to comply with the Local Facilities Management Plan should any amendment occur prior to the eventual issuance of building permits. The project CDP 99-28 - CARLSBAD COAST January 19, 2000 PageS does not propose development, and the ultimate development of these Planning Areas was reviewed through the Master Tentative Map and Master Plan Amendment for Poinsettia Shores (CT 94-01/MP 175(D)). Given the above, the Carlsbad Coast project is consistent with the Zone 9 Local Facilities Management Plan. V. ENVIRONMENTAL REVIEW The project involves the subdivision of property in an urbanized area with an average slope of less than 20 percent into fewer than four lots. Therefore the project constitutes a minor land division and is exempt from environmental review pursuant to Section 15315 of the State CEQA Guideline. A Notice of Exemption will be filed upon final project determination. ATTACHMENTS: 1. Planning Commission Resolution No. 4719 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Exhibits "A" - "B", dated January 19, 2000 MG:mh SITE CARLSBAD COAST CDP 99-28 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) N/APerson, Title Corp/Part. Title K. Of Hovnanian Companies Southern California Inc. Address Address 3991 Mac Arthur Blvd. Suite 300 Newport Beach, CA 92660 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 publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title N/A Corp/Part_ Title Kaiza Poinsettia Corporation Address Address 27176 Woodbluff Road Laguna Hills, CA 92653 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (76O) 438-O894 NON-PROFIT ORv ^NIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust. Title Non Profit/Trust Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. e aboW information is true andtSorrect to the best of my knowledge. Signature of owner/date 'Sigjjwure of applicant/date Noriko Saiga Ron Van Daele Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 BACKGROUND DATA SHEET CASE NO: CDP 99-28 CASE NAME: CARLSBAD COAST APPLICANT: K. Hovanian Companies of Southern California REQUEST AND LOCATION: Coastal Development Permit to allow subdivision of 25.3 acres into two parcels separated by Avenida Encinas and Ponto Drive LEGAL DESCRIPTION: Lots 1 and 2 of Carlsbad Tract No. 82-18. according to Map No. 11290. filed in the Office of the County Recorder on July 16. 1985. in the City of Carlsbad. County of San Diego. State of California. APN: 216-140-17.-18 Acres: 25.3 Proposed No. of Lots/Units: _2 GENERAL PLAN AND ZONING Land Use Designation: UA & TS/C Density Allowed: N/A Density Proposed: N/A Existing Zone: P-C Proposed Zone: P-C Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West P-C RD-M/ 0-S P-C O-S UA & TS/C RMH/T-R OS RM OS vacant residential/commercial Batiquitos Lagoon residential Pacific Ocean PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated_ Other, Exempt pursuant to Section 15315 of the State CEQA Guidelines