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Home My WebLink AboutCT 94-05; Poinsettia Shores PA A-2; Tentative Map (CT) (4)STATE OF CALIFORNIA—THE RESOURCES AGENCrff PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: 3/20/95 5/8/95 9/16/95 WNP-SD 4/12/95 5/9-12/95 STAFF REPORT: CONSENT CALENDAR Application No.: 6-95-52 Applicant: Kaiza Poinsettia Corporation Description: Site: Subdivide 10.5 acre site into 52 lots (2 open space lots and 1 private street lot) and construct 49 single family homes on 5,000 sq. ft. minimum lots with 22,000 cubic yards of cut, 18,800 cubic yards of fill and 3,200 cubic yards of export to construct building pads, roads, and drainage and infrastructure improvements within the Poinsettia Shores Master Plan. Lot Area BuiIding Coverage Pavement Coverage Landscape Coverage Parking Spaces Zoning Plan Designation Project Density Ht abv fin grade 10.5 acres 2.6 acres (25%) 2.2 acres (21%) 5.7 acres (54%) 177 P-C (Planned Community) Residential Medium (4-8 du/ac) 4.7 dua 27 feet Planning Area "A-2", at southwest corner of Avenida Encinas and Windrose Circle, Carlsbad, San Diego County 216-140-27-32-33 Substantive File Documents:Certified City of Carlsbad Nest Batiquitos Lagoon/Sammis Properties Segment LCP; City of Carlsbad Master Tentative Map 94-05 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 in 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. II 6-95-52^ Page 2 III. Special Conditions. The permit is subject to the following conditions: 1. Disposal of Graded Spoils. Prior to the issuance of the coastal development permit, the applicant shall identify the location for the disposal of graded spoils. If the site is located within the coastal zone, a separate coastal development permit or permit amendment shall first be obtained from the California Coastal Commission or its successors in interest. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. The applicant is proposing to subdivide a 10.5 acre site into 52 lots (2 open space lots containing the pedestrian private trail located along the site's western boundary; and 1 private street lot) and construct 49 single family homes on 5,000 sq. ft. minimum lots with 22,000 cubic yards of cut, 18,800 cubic yards of fill and 3,200 cubic yards of export to construct building pads, roads, and drainage and infrastructure improvements. The project is proposed as part of the Poinsettia Shores Master Plan which governs land and water uses of the north shore of Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway 101). Approved by the Commission in September 1994 (CDP #6-94-79), the master plan subdivides approximately 80 acres into 10 lots on the east side of the railroad tracks (8 residential and 2 open space) and provides that separate tentative tract maps will be submitted for each of the site's 10 planning areas. The subject project is Planning Area "A-2"; Planning Areas "A-l", "E" and "M" are also on the Commission's agenda for the May, 1995 hearing. The site is almost flat and has no unique topographic features or environmental resources. North of the site is the future Avenida Encinas roadway; east and south of the site is the existing Windrose Circle roadway. West of the site is vacant land associated with Planning Area "A-3". The Commission's master tentative map approval master plan property, the construction of Aveni infrastructure to allow the development of indi finish grading is required for the development project's finish grading involves 22,000 cubic yards of fill and 3,200 cubic yards of export, the applicant to identify the location for the the site is located within the coastal zone, a permit or permit amendment shall first be obtai Commission or its successors in interest. allowed the mass grading of the da Encinas roadway and related vidual planning areas. Only of the subject site. The yards of cut, 18,800 cubic Special Condition #1 requires disposal of graded spoils. If separate coastal development ned from the California Coastal The project will take access from Windrose Circle via a private street. Gated entries are proposed. Signage is also proposed near the project entrance in the form of the Village Identity Sign which meets pertinent master plan sign criteria. The proposed landscape concept is designed to screen the development along the perimeter and from the Avenida Encinas and Windrose t 6-95-^ Page 3 Circle roadways; and to promote land use compatibility with adjacent future planning areas. 2. Poinsettia Shores Master Plan. As noted, the Commission has approved the Poinsettia Shores Master Plan as the implementing ordinance of the West Batiquitos Lagoon/Sammis Properties Local Coastal Program (LCP). The West Batiquitos Lagoon/Sammis Properties LCP covers approximately 200 land and water acres comprising the outer basin of Batiquitos Lagoon and its uplands between 1-5 and Carlsbad Boulevard (Old highway 101). The majority of lands comprising the West Batiquitos Lagoon/Sammis Properties LCP segment are under the applicant's ownership. The majority of the upland lands are formerly agricultural land and are being converted to urban uses subject to the agricultural conversion policies of the LCP. The agricultural conversion fee of five thousand dollars per acre was paid in 1994. The remainder of lands comprising the LCP segment are the water acres of the outer basin of Batiquitos Lagoon. The proposal for Planning Area "A-2" complies with the provisions of the certified master plan. The master plan allows up to 50 single family dwelling units to be constructed on 5,000 sq. ft. minimum lots (49 dwelling units are proposed). The master plan also provides certain development standards and design criteria which are complied with and summarized as follows: (1) an average setback of 25 feet for all homes within the planning area from Avenida Encinas is maintained; (2) minimum lot size is 5,000 sq. ft.; (3) no structures will exceed the 30 feet/two story height limit associated with this planning area. All other aspects of the master plan are complied with by the proposed project including the provision of a private trail segment, adequate and appropriate landscaping and the provision of passive and active recreation areas. Based on the preceding, no adverse impacts to coastal resources are anticipated. Therefore, the Commission finds the proposed project consistent with the resource protection policies of the West Batiquitos Lagoon/Sammis Properties LCP, and the Poinsettia Shores Master Plan. 3. Local Coastal Program. As noted, the proposed project is consistent with the development standards and design guidelines of the approved Poinsettia Shores Master Plan. Additionally, the subject planning area is not associated with any public trails or environmentally sensitive areas associated with other planning areas on the master plan property. Although the subject planning area is proposed as a gated community, the Commission found in its master plan approval, that only those planning areas that include blufftop areas of Batiquitos Lagoon and planning areas that include railroad right-of-way lands must not be gated to ensure adequate public access to the lagoon. The subject site is well-removed from the blufftop and railroad right-of-way and is not subject to the requirement to remain ungated. Thus, the Commission finds that the proposed project is consistent with the local coastal program, and that a permit may be issued. 4. Consistency with the California Environmental Quality Act (CEQA). Section 13096 of the Commission's Code of Regulations requires Commission i6-95-5? Page 4 approval of Coastal Development Permits to be supported by a finding showing the permit to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if 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. As discussed herein, the proposed project will not cause significant adverse impacts to the environment. Specifically, the project has been found consistent with the provisions of the Poinsettis Shores Master Plan and the West Batiquitos Lagoon LCP. There are no feasible alternatives or mitigation measures available which would substantially lessen any significant adverse impact which the activity might have on the environment. Therefore, the Commission finds that the proposed project is 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 is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 5052R BATIQUITOS LAGOON POINSETTIA SHORES PA A-2--CT 94-05/PUD 94-04 EXHIBIT NO. APPLICATION California Coastal Commission * EXHIBIT NO. / APLICATION NO. California Coastal Commission C.T. 94-05P.U.D. 94-04 -T v~- *•r I - ' \Y^FC •••'.' . .•,' LANDSCAPECONCEPT POINSETTIA SHORES; AREA A-2 gTwH.. ^-Sr-***1 * y° F1*" /Vjfl'"*br > ». MM! (MU) MM M WM \»\ /* ,l« tMH «~- AM, MMM o^. M \%S«I*^>> ""EXHIBIT "L —-•—~r.nr~nr PLANT MATERIAL..PALE*rS HMM ""—!"" " r'""M "' tai^Sfenft^tV^ftMlA^IOT.M. MMMCT »rt A*U • MJJM •'. (•*,* *£*<*! <"''r\/- . WALKWAY « aATl^^^^ % • W> >CC1» «l*>»><,\ ^>•/ TO COHHfCT^M ' /lllkT. AlOKpAlK./ X • •' ' •5r=rj jf^puuu ;tjif'.LT""—•ut» *-um \ ; m^ . ~< ' >;\ / fr—'HLyL.^J^/ ^\ -M / te-.r^7r_-yj; ^v- • '"'V- ' S=£^S?,T" * ; ir«o«H>u« naut rnu CD £S3 ITf *L ry«S I I tw •! «4 «J v« .^—**. *M IMI ^«*-v • I'(MCI | TTf. '* iT^ntra tjJiji-T-u . u..4j UPUJT, w __,j'T-.,,i_i rn=^-.rr? >Ei i-i >4 j*— «<KJO stoctc-*4U t' T«'-| 1 1 •y- LANDSCAPE CONCEPT PLAN LPOINSETTIA SHORES, AREA A-Z •/. -/iV III i DlllON Gft BENCHMARK: *•*• >*•••. Ml* *M MM '•« wi*i*ui4a EXHIBIT "K" SHEET 4 OF 4 SHEETS C.T. 94-05 P.U.D. 94-04 SIGHT DISTANCE TABLE 5TPECT •lussmuncH tax DESIGNSPEED a MfH STCPPIMC SCMIDISTANCE t« in PLAN A. FRONT ELEVATION PLANNING AREA A-l AND A-2 THE VIU.AGK Or DEAUVU-LK EXHIBIT^