HomeMy WebLinkAboutCT 94-01; Poinsettia Shores; Tentative Map (CT) (2)09/09/94 14:19 *J619 931 8336 KAIZA POINSETTIA 3003
STATE OP CALIFORNIA—THE RESOURCES AGENCY PETE WILSON. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
31)1 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92101-172]
(619) 521-8036
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
6/30/94 jSll)
Halved vezSry
12/27/94 ^Of
NNP-SD
9/l/9jUy
9/13-QJ>94
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-94-79
Applicant: Kalza Po1nsett1a Agent: Hofman Planning
Description:Master tentative map to mass grade approximately 89 acres
associated with the Polnsettia Shores Master Plan, subdivisionof 10 lots on the east side of the railroad tracks (8
residential and 2 open space), balanced grading of 328,000 cubicyards Including roadway embankments associated with the Avenlda
Endnas alignment and bridge over the railroad tracks to connect
with a new Intersection at Carlsbad Boulevard (Old Highway 101),
and construction of temporary Ponto Road. Related
infrastructure Improvements are proposed to serve the bulldout
of the master plan property, Including a storm drain and
deslltation basin which terminates at Batiqultos Lagoon. No
tentative maps for development proposals associated with
individual planning areas are proposed at this time. The
project also proposes offers to dedicate open space and public
access easements over proposed Lot 10 and a portion of Lot 4,
proposes maintenance and liability responsibilities for the open
space and public access easements which may be transferred to
the Homeowner's Association in the future upon approval by the
City of Carlsbad and the Commission, proposes an agricultural
mitigation fee, and proposes blufftop setbacks of 80 and 100
feet from residential structures. See pages 4-5 for a detailed
description of the project.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Zoning
Plan Designation
Ht abv fin grade
89.0 acres
2.6 acres (3%)
1.5 acres (2%)
86.8 acres (97%)
P-C (Planned Community)
Multiple
18 feet
Site:South of Avenlda Endnas and Windrose Circle, north of
Batiqultos Lagoon, between Carlsbad Boulevard and 1-5, Carlsbad
APN 216-140-17-33
Summary of Staff's Preliminary Recommendation:
Staff 1s recommending approval of the proposed project subject to special
conditions requiring the preservation of on-slte freshwater marsh plants,
mitigation for conversion of former agricultural lands to urban uses, grading,
erosion and drainage control plans, and advisory conditions relating to bluff
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top setbacks, trail Improvements, and evidence of execution of open space and
public access dedications.
Substantive File Documents: Certified City of Carlsbad West Batlqultos
Lagoon/Sammls Properties Segment LCP;City of Carlsbad Master Tentative Map 94-01
Hillside Development Permit 94-03, Mitigated
Negative Declaration
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development,
subject to the conditions below, on the grounds that the development, as
conditioned, will be 1n conformity with the adopted Local Coastal Program, and
will not have any significant adverse Impacts on the environment within the
meaning of the California Environmental Quality Act.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit 1s subject to the following conditions:
1. Sensitive Resources. The recommendations by Dudek and Associates
(August 10, 1994) for transplantation of southwestern spiny rush located at
the west side deslltatlon basin as shown on the desiltatlon basin grading plan
(August 5, 1994) shall be Implemented within 90 days of the completion of the
basin's construction. A pre-construction survey shall determine the number of
Individuals that would be Impacted by basin construction. Those Individuals
shall be transplanted. Transplantation shall occur in the areas Identified on
the deslltatlon basin grading plan.
2. Bluff Top Setbacks. Prior to the Issuance of the coastal development
permit, the applicant shall submit to the Executive Director for review and
written approval, evidence that the proposed public setbacks of 40 and 50 feet
from the bluff edge within Lot 10 have been staked and confirmed. The staked
alignments shall be reviewed and approved by the Executive Director. The
approved alignments shall be Incorporated into the final map and the offer to
dedicate for open space Lot 10.
3. Recordation of Open Space and Public Access Easements. Prior to the
issuance of the coastal development permit, the applicant shall submit to theExecutive Director for review and written approval, evidence that the
Irrevocable offers to dedicate open space and public access easements have
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been executed 1n accordance with the terms of the project description as
proposed by the applicant and detailed on pages 4 and 5 of the staff report
dated 9/1/94.
4. Trail Improvements. Construction of public trail Improvements shall
be required prior to the Issuance of any building permits within those
planning areas that Include the public trail system.
5. Grading and Erosion Control. Prior to the Issuance of the coastal
development permit, the applicant shall submit final grading plans approved by
the Engineering Department of the City of Carlsbad and approved In writing by
the Executive Director, 1n consultation with the Department of F1sh and Game.
Said plans shall Incorporate the following:
a. All temporary runoff and erosion control devices shall be developed
and Installed prior to November 15, 1994. Any variation from the schedule
shall be promptly reported to the Executive Director.
b. No grading Is allowed within Lot 10 (the public bluff top right of way
adjacent to the lagoon and the railroad right-of-way).
c. S1lt fencing shall be Installed along the perimeter of the site prior
to commencement of grading operations.
d. All grading on the west side of the site shall be prohibited until at
least September 1, of any year (end of least tern nesting season) or as
directed by the U.S. Fish and H1ldl1fe Service. Evidence of written
approval of grading on the west side by the U.S. Fish and Wildlife Service
shall be submitted to the Executive Director prior to grading. Grading on
the east side of the railroad right of way 1s not subject to this
requirement.
e. All areas disturbed, but not completed, during the construction
season, shall be hydroseeded upon completion of grading (1/31/95 for the
east side and 12/31/95 for the west side). A hydroseedlng schedule shall
be submitted Indicating the seed mix, amounts, areas of application, and
monitoring and maintenance provisions of the hydroseed program. Saidplanting shall be accomplished under the supervision of a licensed
landscape architect, shall provide adequate coverage within 90 days, and
shall utilize vegetation of species compatible with surrounding native
vegetation, subject to Executive Director approval.
f. All other provisions of the proposed grading schedule and temporary
and permaraent erosion control plan not specifically modified by the above
requirements.
7. Drainage/Runoff Control. Prior to the Issuance of a coastal
development permit, the applicant shall submit final drainage and runoff
control plans, approved by the City of Carlsbad. Said plans shall be designed
by a licensed engineer qualified In hydrology and hydraulics, and assure no
Increase In peak runoff rate from the developed site as a result of a ten-year
frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff
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control shall be accomplished by such means as on-site detentlon/deslltlng
bas1n(s). Energy dissipating measures at the terminus of outflow drains shall
be constructed. The runoff control plan including supporting calculations
shall be submitted to and determined adequate In writing by the Executive
Director.
8. Agricultural Conversion. Prior to the Issuance of the coastal
development permit, the applicant shall submit to the Executive Director forreview and written approval, evidence that an agricultural mitigation fee has
been paid for that portion of the remaining 60 acres of agricultural lands on
the subject site that 1s subject to the agricultural conversion provisions of
the certified Po1nsett1a Shores Master Plan. As Identified 1n the West
Batiquitos Lagoon/Sammis Properties Land Use Plan, the fee shall be $5,000 for
each net converted acre.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Petal led Project Description. The applicant is proposing the Master
tentative map to mass grade approximately 89 acres associated with the
Po1nsett1a Shores Master Plan which governs land and water uses of the northshore of Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway
101). The master tentative map proposes the subdivision of 10 lots on the
east side of the railroad tracks (8 residential and 2 open space), balanced
grading of 328,000 cubic yards Including roadway embankments associated with
the Avenida Encinas alignment and bridge over the railroad tracks to connect
with a new intersection at Carlsbad Boulevard (Old Highway 101), and
construction of temporary Ponto Road. Related Infrastructure Improvements are
proposed to serve the buildout of the master plan property, including a storm
drain and desiltation basin which terminates at Batiquitos Lagoon. Notentative maps for development proposals associated with Individual planning
areas are proposed at this time. After master tentative map approval,
separate tentative tract maps will be submitted for each of the site's 10
planning areas.
As a part of the project, an irrevocable offer of dedication is proposed to a
public agency or private association acceptable to the Executive Director of
the California Coastal Commission of an open space easement over Lot 10 and a
portion of Lot 4. The offer shall be executed and recorded prior to the
Issuance of the coastal development permit free and clear of all prior liensand encumbrances and binding on all successors and assigns. Lot 10 1s
proposed for open space to mitigate the visual Impacts of buildout of the siteand to prevent Impacts on adjacent environmentally sensitive habitats.
Adjacent to the Batiquitos Lagoon, within Lot 10 and a portion of Lot 4, a 100
foot setback from the bluff edge is proposed for open space. The 50 feet
nearest the bluff edge 1s proposed as public open space and shall accommodate
a public trail and related amenities. The remaining 50 feet of proposed open
space 1s private open space and buildout of residential lots shall be allowed
in private open space but not in public open space. No development including
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grading or manufactured slopes associated with the adjacent private
residential developments shall occur within the public open space and setback
areas. Private residential lots Including rear yard structures, fencing,
grading and landscaping are allowed within the private open space. No
dwellings are allowed within the private open space. -
Adjacent to the deslltatlon basin bluff top area In Planning Area L, a 80 foot
setback 1s proposed for open space purposes. The 40 feet nearest the
deslltatlon basin 1s proposed as public open space (Lot 10) and shall
accommodate a public trail and related amenities. The remaining 40 feet of
proposed open space 1s private open space (Lot 4) and bulldout of residentiallots shall be allowed In private open space but not 1n public open space. No
development Including grading or manufactured slopes associated with the
adjacent private residential developments shall occur within the public open
space and setback areas. Private residential lots Including rear yard
structures, fencing, grading and landscaping are allowed within the private
open space. No dwellings are allowed within the private open space.
This application does not propose the subdivision of the property west of the
railroad tracks. Future development on the west side of the railroad shall
also be subject to the setback and open space provisions identified in the LCP
at the subdivision stage.
Maintenance and liability for the open space lots and easements shall be
provided by the developer and may be transferred to the Homeowner's
Association in the future upon approval by the City of Carlsbad and the
Commission. Lot 10 may be Included as part of a Citywide Open Space and
liability assessment district or other similar entity if one is formed.
An Irrevocable offer of dedication to a public agency or private association
acceptable to the Executive Director of the California Coastal Commission of apublic access easement is proposed within Lot 10. The lateral access easement
is proposed to mitigate adverse Impacts to public access and recreation of
buildout of the site. The offer shall be executed and recorded prior to the
Issuance of the coastal development permit, free and clear of all prior liens
and encumbrances and binding on all successors and assigns. The easement
shall consist of a minimum ten foot wide public trail (measured inland from
the top of the bluff edge or railroad embankment) and include a five foot wide
improved accessway, fencing, trash receptacles and Intrepretive signage, an
existing trail head at Nindrose Circle, and two additional trail heads (one at
the southwest corner of Planning Area A-4 adjacent to the railroad
right-of-way and one at the northwest corner of Planning Area A-3, adjacent to
Avenida Enclnas). The trail heads are for directing pedestrians; no parking
or vehicular access is proposed at these trailheads. The dedication shall
specify what partydes) shall assume maintenance and HabHHty
responsibilities for the public trail. Each planning area containing a trail
segment shall construct the trail prior to the issuance of any building
permits for that planning area.
The applicant's project description also Includes the payment of a fee for
agricultural land being converted by the project. The project is converting a
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portion of the remaining 60 acres of formerly agricultural lands within the
Polnsettla Shores Master Plan to urban uses subject to the agricultural
conversion provisions Identified In the West Batlqultos Lagoon LUP and thePolnsettla Shores Master Plan. The City of Carlsbad shall determine the
amount of acreage being converted by this project that 1s subject to the feeand the amount of the applicable fee payable with this project.
The Polnsettla Shores Master Plan was approved by the Coastal Commission In
May 1994 and serves as the LUP and Implementing ordinance to the West
Batlqultos Lagoon/Sammls Properties LCP, one of six City of Carlsbad LCP
segments. The majority of lands comprising the West Batlqultos Lagoon/SammlsProperties LCP segment are under the applicant's ownership. The majority of
the upland lands are formerly agricultural land. The remainder of lands
comprising the LCP segment are the water acres of the outer basin of
Batlqultos Lagoon.
In 1985, the West Batlqultos Lagoon/Sammis Properties LCP was submitted
concurrent with a development proposal, a mixed use development plan and
master plan featuring a college university known as the Batlqultos LagoonEducational Park on the upland portion. That project was not built with the
exception of 75 single family lots known today as the Rosalena subdivision and
other Infrastructure Improvements. In May, 1994 the Commission approved
Carlsbad LCPA 1-94 which replaced the formerly approved Batlqultos Lagoon
Educational Park Master Plan with the Polnsettla Shores Master Plan (PSMP) as
the Implementing ordinance. The Poinsettia Shores Master Plan replaces the
university uses with residential development on the site's east side, approx.
89 acres, but retains the travel service/commercial land uses for the
property's west side with the exception of one area which will be left
unplanned. Other changes approved In the 1994 LCPA included modification of
planning area boundaries, realignment of streets, and revisions to development
and design standards.
The project site has a split zoning and land use designation. The site 1s
planned for residential uses (Residential Medium (4-8 du/ac), unplanned uses
(Non-Residential Reserve (NRR); and visitor-serving uses (Travel
Services/Commercial) and zoned Planned Community (PC) 1n the City of
Carlsbad's certified West Batiquitos Lagoon/Sammis Properties LCP segment.
2. Sensitive Habitat Areas. The West Batlqultos Lagoon LCP Includes a
set of land use policies for both the lagoon and upland areas and a set of
Implementing ordinances (the master plan) to carry out Its provisions. The
LUP includes agricultural preservation policies, land use designations,
sensitive resource area protection policies, Including policies regarding
grading and other development on environmentally sensitive steep sloping
hillsides and the provision of public access. These policies carry out
Sections 30231, 30233 and 30240 of the Coastal Act which protect
environmentally sensitive habitat areas from the adverse Impacts of newdevelopment.
Approximately 35 acres of the Polnsettla Shores Master Plan area 1s composed
of waters of Batlqultos Lagoon and its associated wetland habitat. As
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required In CDP #6-85-482, these areas have either been'dedicated 1n fee title
to the State Lands Commission or are subject to open space easements. All
necessary documents to enforce protection of the sensitive resources have been
previously recorded and remain 1n effect. The LUP designates these
biologically sensitive areas, Planning Areas I, K and-L, for natural open
space. Within these planning areas, only uses that are consistent with the
Bat1qu1tos Lagoon Enhancement Plan are allowed, which was approved by the
Commission In 1990 (CDP #6-90-219-A).
The Bat1qu1tos Lagoon Enhancement Plan proposes the restoration/enhancement ofBatlqultos Lagoon by restoring tidal flows to the lagoon from the Pacific
Ocean through dredging and creating permanent inlet Jetties at the mouth of
the lagoon. Preparations for the dredging of the lagoon are currently
underway. One of the plan's enhancement provisions Is creation of California
Least Tern sites, one of which has been constructed 1n the open water area of
Planning Area I consistent with the plan.
The project proposes a desllting basin In Planning Area I, adjacent to the
least tern site. The basin Is sited outside the enhancement area proposed by
the Batlqultos Lagoon Enhancement Plan. This location has been approved In
both the former master plan and now the current Poinsettla Shores Master Plan
subject to environmental review by the City and resource agencies and provided
that no adverse Impacts would result from its construction or operation.
The City conducted an alternatives analysis regarding the potential
environmental Impacts of the proposed desiltatlon basin as compared to
enlarging an existing desiltatlon basin located east of the railroad tracks
near the existing Rosalena subdivision. The City found that enlarging the
existing basin would be more environmentally damaging. Specifically, the
study found the following Impacts would occur to coastal resources: 0.31
acres of freshwater marsh, 0.1 acres of southern willow scrub and 0.22 acres
to coastal sage scrub.
The proposed western basin 1s located in a disturbed area containing primarilynon-native Iceplant. The Initial survey indicated that 0.18 acres of coastal
sage scrub would be Impacted by the western basin. Since that time and and at
the direction of the City, the western basin has been redesigned to avoid any
Impacts to coastal sage scrub. Based on the redesign, the City found the
western basin design was the least environmentally damaging alternative,
noting that Impacts to a few Individuals of juncus acutus (southwestern spiny
rush), a freshwater marsh plant within the development footprint of the basin
were unadvoldable and could be adequately mitigated. In addition, City
engineering found that enlarging the existing eastern desiltatlon basin wouldrequire more grading to align the storm drain pipes to the basin (30 foot
deeper cuts to place drainage pipes) and extensive reconstruction of the
eastern basin. Based on the above, the City found the proposed western basinto be the preferred alternative.
As noted, as a result of a redesign the proposed western desiltatlon basin has
avoided Impacts to sensitive vegetation with the exception of a number ofscattered Individuals of juncus acutus, a freshwater marsh species that exists
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along with Iceplant In the area of the basin. This plant 1s not on any state
or federal endangered or threatened lists but 1s worthy of protection as a
freshwater marsh plant. Freshwater marsh 1s a wetland habitat that 1s rapidly
declining as a result of development. However, another redesign to avoid
Impacts to the juncus 1s not possible without Impacting other sensitive
vegetation 1n the area I.e., coastal sage scrub or salt marsh vegetation
associated with the lagoon.
The California Department of Fish and Game (DFG) has Indicated that the
Impacts to the Juncus could be adequately mitigated by transplantation. DFG
describes juncus as a hardy plant capable of adapting to upland locations and
less than Ideal environmental conditions. This Is evidenced by the fact that
1t 1s currently growing In a mat of dense Iceplant. DFG recommends
transplanting Individuals to the periphery of the deslltatlon basin and
possibly within the basin Itself, 1f 1t would not Interfere with basin
maintenance. DFG has Indicated It has no jurisdiction regarding the proposed
Impacts.
The applicant has Identified areas where salvaged Individuals can be
transplanted following basin construction and would not be subject to basin
maintenance activities. The mitigation map Identifies potential areas for
transplantation. The biologist recommends that precise locations for
transplanting should be determined in the field by a biologist. For this
reason Special Condition #1 1s proposed. It requires the recommendations of
the consulting biologist be followed for transplantation of southwestern spiny
rush within 90 days of the completion of the construction of the deslltatlon
basin. A pre-constructlon survey shall determine the number of Individuals
that would be Impacted by basin construction. Those Individuals shall be
transplanted. As conditioned, the Commission can accept the impacts to the
spiny rush vegetation and find that adequate mitigation has been provided.
The State Lands Commission has indicated that although it does not own any
portion of the property underlying the deslltatlon basin, 1t Is concerned
about potential Impacts to Bat1qu1tos Lagoon as a result of drainage from the
proposed basin. The City referenced the Batiquitos Lagoon Enhancement Project
EIR which analyzed stormwater Input from the entire drainage basin of the
lagoon. Including the approximate 200 acres the proposed western deslltatlon
basin would drain. Additionally, the project EIR assessed the Impacts of the
deslltatlon basin adjacent to the least tern nesting site and determined that
there would be no significant Impacts from the drainage system on either the
lagoon or the adjacent tern site.
With respect to construction and operational Impacts of the proposed
deslltatlon basin on the adjacent least tern site, the California Department
of F1sh and Game (DFG) and the U.S. Fish and Wildlife Service has recommended
that the basin not be constructed within the bird's nesting season, which
extends until September 1st of any year or later if tern's are Identified as
renesting. Grading is not proposed to occur until after this date and should
not be a concern. The attached condition requires written concurrence from
the USFNS prior to commencement of construction of the basin. The agencies
note that a berm and fence would adequately separate the proposed basin from
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the least tern site and that an animal control program In Bat1qu1tos Lagoon
would further ensure the safety of this endangered avlan species. Therefore,
based on the above, the Commission finds the proposed project, as conditioned,
can be found consistent with the resource protection provisions of the Mest
Bat1qu1tos Lagoon LUP and the Po1nsett1a Shores Master Plan.
The West Bat1qu1tos Lagoon LUP policies also contain various requirements for
the provision of drainage, erosion and sedimentation control measures designed
to protect the sensitive wetlands of Bat1qu1tos Lagoon from the adverse
Impacts associated with grading and construction. These requirements call for
the Installation, as well as maintenance, of erosion control devices. There
are also provisions for Installation of adequate landscaping and seasonal
restrictions on grading.
As noted, the project proposes 328,000 cubic yards of grading over
approximately 80 acres on the site's east side (between 1-5 and the railroad
right-of-way. Most of this grading Is composed of recompactlon of the top 2
to 3 feet of loose surface material as the site was previously graded. No
grading would occur within 50 feet of .the bJuff top on the east side.
Approximately 33,000 cubic yards of fill 1s proposed for the right-of-way and
bridge abutments and deceleration lanes for Avenlda Encinas and temporary
Ponto Drive from the eastern project boundary westward to Carlsbad Boulevard.With the exception of the road Improvements and the deslltatlon basin, no
grading 1s proposed on the west side.
The proposed start date of grading is October 16, 1994 or sooner provided all
discretionary approvals have been received. Based on the October starting
date, grading within the area east of the railroad Is proposed to be completed
on or before January 31, 1995 and grading west of the railroad 1s proposed to
be completed on or before December 31, 1994. A number of temporary
deslltatlon basins on the east side are proposed to be constructed prior to
the mass grading of the site but after bridge and road work located well
upland of Batlqultos Lagoon. During grading, about 70% of the project area,the east side of the site, will drain Into the existing deslltatlon basin.
The temporary deslltatlon basins provide temporary storm drains and would
drain to the permanent deslltatlon basin and would remain 1n place until
Individual planning areas are built out. At that time the permanent storm
drain system will be constructed within the streets and connections made to
the permanent east side and west side deslltatlon basins. Once the grading Is
complete, hydroseedlng of slopes will occur and the slopes will be Irrigated
to promote the growth of plants which will further reduce erosion.
Temporary erosion control measures proposed to protect Batlqultos LagoonInclude sandbags and silt fences along the perimeter of each grading area asthe finished grade of the perimeter 1s achieved. These measures will remain1n place until Improvements associated with bulldout of the Individual
planning areas are completed. A silt fence 1s proposed to be Installed around
the perimeter of the site prior to the start of grading. Sand/gravel bags areproposed to be stockpiled on site prior to grading so that they will be
available 1n the event of storm forecasts. In such an event, sandbags wouldbe placed 1n appropriate locations to prohibit run off Into the lagoon.
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The applicant states that because sandbags and silt fences will be put Into
place as early as possible (prior to any storms) and because temporary
deslltatlon basins and storm drains will be 1n place concurrent with grading,
at no time will uncontrolled erosion be allowed to exit the site and enter the
lagoon. The applicant adds that as an added security measure against erosion,
bonds will be posted with the City of Carlsbad which may be used for emergency
repairs or construction of the erosion control system 1f not performed by the
developer first. All erosion control Improvements will remain In place and
bonded for until drainage 1s directed to the permanent deslltatlon basins.
The Commission finds that the above measures generally provide adequate
protection to the downstream Batlquitos Lagoon.
Of greater concern 1s the timing of the proposed grading. The certified Hest
Batlquitos LUP contains provisions for grading and erosion control of the
site. The LUP provides that grading 1s prohibited during the rainy season
from October 1st to April 1st of any year unless approved within the rainy
season by both the City Engineer and the Coastal Commission. The applicant's
projected grading dates encroach well Into the Commission's typical rainy
season grading restriction. The LUP also provides that any necessary
temporary or permanent erosion control devices must be Installed and operating
prior to October 1st to protect Batlquitos Lagoon. As noted, based on the
applicant's projected grading dates, this LUP requirement could not be met.
However, consideration of the applicant's grading proposal 1s warranted due to
a number of factors. First, the project has been subjected to a reduced
grading season due to the adjacent least tern site. Under USFMS requirements
designed to protect the bird from direct and Indirect Impacts associated with
development, no grading Is allowed between March through September 1st which
may adversely affect the bird's' breeding habits. That restriction coupled
with the Commission's typical rainy season restriction (October 1st to April
1st) leaves a very short window for grading operations. Most Important,
however, 1s the fact that Batlquitos Lagooon will be dredged during the 1994
winter season as part of the Batlquitos Lagoon Enhancement Project. Dredging
operations within the lagoon will be significant and so will disturbance to
the lagoon bottom and environs. Any potential runoff and sedimentation that
may enter the lagoon by way of the grading of this site would appear to have a
reduced Impact given these circumstances. However, while the Commission may
generally accept the applicant's grading schedule, the Commission finds and
Special Condition #5 requires that all temporary erosion control facilities
must be In and operating by November 15, which is the date the Commission
typically accepts as the latest date for grading to occur. The condition also
requires that silt fences be installed prior to commencement of grading andthat USFNS provide written approval of when construction of the deslltatlon
basin may commence. Also, as directed 1n the LUP, approval of the applicant's
runoff and erosion control plan must be accepted by the Carlsbad City Engineer
prior to Issuance of the coastal development permit. Based on the preceding,
the Commission finds the proposed grading and erosion control plan, as
modified through the provisions of Special Condition #5, can be found
consistent with the corresponding provisions of the West Batlquitos Lagoon LCP
and the Po1nsett1a Shores Master Plan.
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2. Public Access. The subject site 1s located between Bat1qu1tos Lagoon
and the first coastal roadway. The approved master plan Includes development
of residential and visitor-serving uses along the lagoon slopes on both the
southern and western boundaries of the site. From each of these areas, a
nearly unobstructed view of the lagoon and ocean, respectively, are
available. Immediately adjacent to the west are public beaches and
campgrounds that provide year round access and recreational opportunities to
coastal visitors. In accordance with Section 30604(c) of the Coastal Act, the
Commission must find the proposed project conforms with all public access and
public recreation policies of the Coastal Act.
In addition, the West Bat1qu1tos Lagoon/Sammis Properties LCP segment contains
specific public access requirements. The policies of the LCP segment state:
Lagoon accessways, bluff top accessways or equivalent overlook areas, and
a bike path/pedestrian walkway, shall be provided If agricultural land on
the north shore of Bat1qu1tos Lagoon Is developed. Each planning area
containing a segment of the trail shall be conditioned to require
construction and maintenance of that portion of the trail within the
planning area, unless otherwise specified In the Batlqultos Lagoon
Enhancement Plan. Such accessways shall be preserved for public use by
requiring Irrevocable offers of dedication of those areas as a condition
of development. The accessways shall not adversely Impact environmentally
sensitive habitats.
A pedestrian walkway shall be provided along the western property of areas
"G and "H" from approximately Avenlda Endnas on the north to the San
Marcos Creek Bridge on the south. The walkway shall be permanently open
to use by the public.
In this case, the approved master plan provides an extensive public trail
system along the bluff top on both the southern and western boundaries of the
site. Offers of dedication for an open space dedication and trail easement
for this future trail system are being proposed with this application. The
actual trail Improvements will be constructed when the Individual planning
areas that have trail segments propose development. Special Condition #4
simply restates this provision of the Poinsettla Shores Master Plan. At that
time Improved public trails will be provided within Planning Areas A-3, A-4,
G, and H, both along the lagoon bluffs and the Inland bluff system adjacent tothe AT&SF railroad and Carlsbad Boulevard. Private trails are also proposed
in a number of planning areas. Planning Area J is the location of an
approved, but, as yet unbuilt trail. The public trail system approved In the
recent LCP amendment includes two lagoon overlooks and two trail heads, two
seating nodes, signage, a six space parking lot and bicycle lanes along
Wlndrose Circle and Avenlda Endnas.
The master plan identifier that the blufftop trails would be approximately tenfeet wide, with a five foot decomposed granite trail and five feet of
landscaping, and be generally close to the bluff edge. The master plan
provides that new development adjacent to a required trail segment will be
granted occupancy only after final completion of the subject trail.
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The applicant has also proposed to dedicate an easement for public access
purposes within Lot 10, which represents the blufftop area on the east side of
the railroad right-of-way where the bulk of the public trial system would be
constructed. The applicant proposes that allowable uses within these areas
Include a minimum ten foot wide public trail (measured Inland from the top of
the bluff edge or railroad embankment) consisting of a five foot wide Improved
accessway, fencing, trash receptacles and Interpretive slgnage, an existing
trail head at Windrose Circle, and two additional trail heads (one at thesouthwest corner of Planning Area A-4 adjacent to the railroad right-of-way
and one at the northwest corner of Planning Area A-3, adjacent to Avenlda
Enclnas). The trail heads are for directing pedestrians; no parking or
vehicular access are provided. Maintenance and liability for the open space
lots and easements shall be provided by the developer and may be transferred
to the Homeowner's Association In the future upon approval by the City of
Carlsbad and the California Coastal Commission. Lot 10 may be Included as
part of a C1tyw1de Open Space and liability assessment district or other
similar entity if one 1s formed.
It should be noted that ultimate buildout of the eastern portion of the site
with 451 residential units would require the following services and
facilities: library, parks, drainage, circulation, fire, schools, sewer
collection, and water distribution and would result In 112,000 vehicle trips
In the area and further need of parklands to serve the recreational needs of
project Inhabitants. Residents of the project site will use other parks and
roads 1n the area resulting in a burden on area wide access and recreational
facilities. Although the master plan provides that new roads and recreational
areas will accompany the buildout of the site, these facilities 1n and of
themselves will not meet the Increased demand generated by buildout of this
site on area wide roads and recreational facilities.
The lateral access easement 1s proposed by the applicant to mitigate adverse
Impacts to public access and recreation of buildout of the site: Coastal
visitors using the trail will make other recreational facilities in the area
more available to other recreatlonlsts. In this way dedication of the trail
will offset some of the Increased burden buildout of the site would have on
access and recreation. The trail system would also result In less of a burden
on vehicular circulation In the area as visitors could use the proposed trail
rather than having to drive to more remote locations to use similar
facilities. The proposed offer to dedicate is the appropriate legal vehicle
(rather than a deed restriction) to use where the public has the ability to
use the land. The dedication to an accepting agency transfers liability to
the accepting agency rather than the developer. Special Conditions #3 and #4
assure the provisions of the LCP are implemented through the applicant's
proposal. Based on the above, the Commission finds the proposed project
consistent with the public access provisions of the Nest Batiqultos LCP.
3. Agriculture. Nith the exception of the drainage channel, wetland
areas and the steep sloping hillsides above the lagoon, nearly all of the
subject property was at one time 1n agricultural production.
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Pursuant to Coastal Act Sections 30242 and 30171.5, the Hest Batlqultos
Lagoon/Sammis Properties Segment of the Carlsbad LCP contains an agricultural
conversion program. The program allows for the conversion of non-prime
agricultural lands subject to the payment of an agricultural conversion fee.
The fee Is fixed at $5,000 per net acre of agricultural land, and 1s deposited
with the State Coastal Conservancy for use In programs Involving restoration
or Improvements to a number of the natural resources 1n Carlsbad. The
priority for expenditure rests first with restoration and enhancement of
Batlqultos Lagoon, second with development of facilities at Buena Vista
Lagoon, and, third, with restoration of public beaches In Carlsbad. Fourth on
the 11st of priorities for expenditure of the funds Is the purchase of lands
within Carlsbad's coastal zone for continued agricultural use.
In Us approval of this segment of the LCP, as well as 1n Its approval of the
Master Plan for the Batlqultos Lagoon Educational Park, the Commission fixed
at 100 acres the area for which mitigation for agricultural conversion would
be required. Under the proposed Hest Batlqultos Lagoon/Sammis Properties
segment, the subject fee would be applied to 100 acres of agricultural lands
within the LCP segment area. The fee for 40 acres of affected land (proposed
Planning Areas C, B-2, and 0) has been paid, leaving 60 acres subject to the
fee. The Master Plan provides that in the remaining planning areas, fees
shall be paid for the amount of land proposed for conversion within that
planning area and that mitigation fees shall be secured prior to final map
recordation and paid prior to Issuance of a grading permit.
The master plan also applies these provisions to grading for roadway
construction In that, prior to Issuance of a grading permit for any roadway In
the master plan which 1s not specifically within a planning area for which
agricultural mitigation fees have previously been paid, payment of the fees
shall be made for the portion of land being graded and Improved by the
roadway.
In the applicant's project description the applicant has Indicated the
willingness to provide the agricultural conversion fee for that portion of the
remaining 60 acres of agricultural lands being converted within the Poinsettia
Shores Master Plan. The amount of acres on the subject site associated with
the proposed project which are subject to the agricultural conversion fee
shall be determined by the City of Carlsbad. The attached special condition
is reflective of this agreement. The Commission finds that the proposal Is
consistent with the applicable sections of the Coastal Act, Nest BatiquitosLUP and the Poinsettia Shores Master Plan.
4. Visual Resources. Section 30251 of the Coastal Act provides that new
development be sited and designed to not adversely Impact scenic coastal
resources. The site 1s located 1n a visually prominent location, on a marine
terrace adjacent to both the Pacific Ocean and Batlqultos Lagoon. A panorama
of views Is available to the west In the direction of the ocean and to thesouth across Batlqultos Lagoon. Similarly, the project site Is highly visible
from Carlsbad Blvd. (Highway 101), Interstate 5, La Costa Avenue across
Batiquitos Lagoon and from passenger trains using the AT&SF Railroad.
The balanced grading of 328,000 cubic yards will mass grade the site to
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accommodate planning area developments, drainage facilities, and the Avenlda
Enclnas roadway and associated embankments. No dwelling units are proposed.
The highest cut slope proposed Is approximately 18 feet associated with the
excavation of the hillside area of the site; the highest fill slope 1s
approximately 16 feet associated with the fill of Avenlda Enclnas roadway just
west of the railroad tracks. These areas would be revegetated upon completion
of grading. In recognition of the above and to mitigate the visual Impacts of
subsequent development of the site, the applicant has proposed an Irrevocable
offer to dedicate an easement for open space purposes over Lot 10. As noted,
the site Is located In a visually prominent location, on a marine terrace
adjacent to both the Pacific Ocean and Bat1qu1tos Lagoon. A panorama of views
Is available to the west In the direction of the ocean and to the south across
Batlquitos Lagoon. Similarly, the project site.Is highly visible from
Carlsbad Blvd. (Highway 101), Interstate 5, La Costa Avenue across Batlquitos
Lagoon and from passenger trains using the AT&SF Railroad.
Buildout of the property will result 1n these currently unobstructed views
along the north shore of Batlquitos Lagoon being adversely Impacted. To
mitigate these Impacts the master plan provides that new development must be
setback a minimum of 50 feet from the lagoon bluff edge. The attached Special
Condition 92 requires this setback to be demonstrated by staking and
confirmation of the setback. The public trail system Is the only development
allowed within the open space easement area. It should be noted that this
setback will also reduce the potential of adversely Impacting coastal sage
scrub on the bluff face and reduce the geologic hazards associated with
building so near the bluff edge. For these reasons open space lot #10, which
1s approximately 2 acres, Is proposed to be dedicated. Based on the above,
the Commission can find the proposed project consistent with the visual
resource protection policies of the Nest Batlquitos Lagoon LCP.
5. Local Coastal Planning. Sections 30170<f) and 30171 of the Coastal
Act were special legislative amendments which required the Commission to adopt
and Implement a Local Coastal Program for portions of the City of Carlsbad and
County Islands prior to specific statutory dates. In reviewing development
proposals, the Commission must essentially act like local government and
assess whether a project 1s consistent with the Implementing zone and other
policies of the certified LCP.
In this case, such a finding can be made. As conditioned herein, the proposed
project can be found consistent with the recently amended Hest Batlquitos
Lagoon LCP, Including the Polnsettia Shores Master Plan, an Implementing
document of the LCP. Specifically, public access and open space dedications
are proposed which will Implement the public access provisions of the LCP to
provide a public trail system and related amenities on the north shore of
Batlquitos Lagoon. In addition, as conditioned herein, the lagoon would be
protected from erosion and sedimentation Impacts resulting from development of
this phase of the bulldout of the site. Existing LCP provisions regarding the
conversion of former agricultural lands are also being proposed as part of
this coastal development permit. As conditioned, the Commission finds the
project 1s consistent with the provisions of the West Batlquitos Lagoon LCP.
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6. Consistency with the California Environmental Quality Act (CEQA).
Section 13096 of the Commission's administrative regulations requires
Commission approval of Coastal Development Permit application to be supported
by a finding showing the permit, as conditioned, 1s consistent with any
applicable requirements of the California Environmental Quality Act (CEQA).
Section 21080.5(d)(2)(1) of CEQA prohibits a proposed development from being
approved 1f there are feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse Impact
which the activity may have on the environment.
The proposed project has been conditioned In order to be found consistent with
the Nest Batlquitos Lagoon/Saimnls Properties Local Coastal Program.Mitigation measures have been incorporated as conditions of approval which
will minimize all adverse environmental and public access effects. As
conditioned, there are no feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse
Impact which the proposed activity may have on the environment. Therefore,
the Commission finds that the proposed project, as conditioned to mitigate the
Identified impacts, 1s the least environmentally damaging feasible alternative
and can be found consistent with the requirements of the Coastal Act to
conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued In a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of Intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to Inspect the site
and the development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it 1s the Intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
4079R
09/09/94 14:35 O619 931 8386 KAIZA POINSETTIA
City of CiriUid
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