HomeMy WebLinkAboutCT 94-06; Poinsettia Shores PA A-3; Tentative Map (CT) (3)V
STATE OF CALIFORNIA—THE RESOURCES AGENCY /• -PETE WILSON, Governor
CALIFORNIA COASTAL
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE
SAN DIEGO. CA 92108-1725
(619) 521-8036
COMMISSION
200
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
6/23/95 '.'- nnr .,«JO$^
Waived
12/20/95
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REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-95-101
Applicant: Kaiza Poinsettia Corporation
Description:Subdivide 10.7 acres into 52 lots, consisting of one private
street lot, open space lot, and 50 residential lots and
construct 50 single family homes on 5,000 sq. ft. minimum sized
lots with 13,500 cubic yards of balanced grading to construct
building pads, roads, and drainage and infrastructure
improvements within Planning Area A-3 of the Poinsettia Shores
Master Plan. Also proposed is the construction of a portion of
the public lagoon blufftop trail adjacent to the railroad
right-of-way.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Parking Spaces
Zoning
Plan Designation
Project Density
Ht abv fin grade
10.6 acres
2.6 acres (25%)
3.0 acres (28%)
5.0 acres (47%)
214
P-C (Planned Community)
RM (Residential Medium, 4-8 du/ac)
4.7 du/ac
30 feet
Site:
STAFF NOTES:
South of Avendia Encinas and west of Windrose Circle, Carlsbad,
San Diego County, APN 216-140-25-27,32,33
Summary of Staff's Preliminary Recommendation:
Staff recommends approval with special conditions requiring the
construction of public access improvements prior to issuance of residential
building permits and submittal of evidence that the public has access and
parking rights to unconditionally use the public trail segment within the
subject planning area. This may be accomplished by revising the tentative map
to indicate the subdivision's interior streets are public or by recordation of
a deed restriction which indicates the public's right to use the private
street system in perpetuity to access the public trail segment within the
subject planning area.
6-95-101
Page 2
Substantive File Documents:Certified City of Carlsbad West Batiquitos
Lagoon/Sammis Properties Segment LCP;
City of Carlsbad Master Tentative Map 94-06
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 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.
III. Special Conditions.
The permit is subject to the following conditions:
1. Public Trail Improvements. Prior to the issuance of building permits,
the applicant shall submit to the Executive Director for review and written
approval, final trail improvement plans including, but not necessarily limited
to, 5 foot wide improved trail, directional signage, access gates, seating
node as shown in the Poinsettia Shores Master Plan, approved by the City of
Carlsbad, for construction of the improvements to the segment of the public
access trail adjacent to the railroad right-of-way on the subject property.
The plans shall include signage on the entry gate at Street "5" indicating the
trail is open to the public. The plans shall indicate the gate at the
terminus of proposed private Street "5" shall be swing-type only* with no
locks permitted. Construction of public trail improvements within Planning
Area "A-3" shall be required prior to the issuance of building permits for the
residential units associated with this planning area.
2. Public Access/Streets. Prior to the issuance of the coastal
development permit, the applicant shall either:
a. Submit a revised tentative map, approved by the City of Carlsbad,
indicating the subdivision will use a public street system;
OR
b. Record a restriction against the subject property, free of all prior
liens and encumbrances, except for tax liens, and binding on the
permittee's successors in interest and any subsequent purchasers of any
portion of the real property. The restriction shall indicate that Lot 52
(private street for Planning Area A3) is subject to the following
restriction:
6-95-101
Page 3
All public pedestrian and vehicular access, including parking, over,
along and across the entire common private street parcel shown as Lot
52 on the tentative map CT 94-06 shall be allowed in perpetuity and
without restriction for the purpose of public access to the public
trail segment within tentative map CT 94-06, and lot 9 of final map,
Carlsbad Tract No. 94-01.
No signs, red-curbing, barricades, gates, or other means of
preventing or discouraging public access, including public parking on
the street, shall be permitted. The gate to the trail shall remain
open to the public at all times, and no action shall be taken in the
future to limit the public's access to the public trail through
Planning Area A-3.
These acknowledgments shall not be modified without prior written
approval by the Coastal Commission through an amendment to coastal
development permit #6-95-101.
The recording document shall include legal descriptions of both the
applicant's entire parcel(s) and the restricted area, and shall be in a
form and content acceptable to the Executive Director. Evidence of
recordation of such restriction shall be subject to the review and written
approval of the Executive Director.
Additionally, the following language shall be added to the subdivision's
"Covenants, Conditions and Restrictions" [CC&R's])
The homeowner's association shall maintain without restriction public
pedestrian and vehicular access, including parking, over, along and
across the entire common private street parcel shown as Lot 52 of the
tentative map CT 94-06. Such public access shall be allowed in
perpetuity and without restriction for the purpose of public access
(including parking) to the public trail segment within tentative map
CT 94-06, and Lot 9 of final map, Carlsbad Tract No. 94-01. The gate
to the trail shall remain open to the
public at all times, and no action shall be taken in the future to
limit the public's access to the public trail through Planning Area
A-3. No signs, red-curbing, or other means of discouraging public
access, including parking, shall be permitted. These acknowledgments
shall not be modified in the CC&R's without prior written approval by
the Coastal Commission through an amendment to coastal development
permit #6-95-101.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. The applicant is proposing to subdivide
10.7 acres into 52 lots, consisting of one private street lot, one open space
lot and 50 residential lots (5,000 sq. ft. minimum). The applicant also
proposes to construct 50 single family homes on 5,000 sq. ft. minimum sized
lots with 13,500 cubic yards of balanced grading to construct building pads,
6-95-101
Page 4
roads, and drainage and infrastructure improvements within Planning Area A-3
of the Poinsettia Shores Master Plan. The housing units will feature three
floor plans of up to 3,175 sq. ft. and 28.5 feet high. Also proposed is the
construction of trail improvements (e.g. 5 foot wide improved trail,
directional signage, access gates, seating node) on the portion of the public
trail alignment that is adjacent to the railroad right-of-way and that leads
to the bluffop lagoon trail. A private pedestrian trail segment is also
proposed for exclusive use by residents of the subject planning area (east
portion of "A-3" adjacent to Planning Area "A-2").
The Poinsettia Shores Master Plan governs land uses of the north shore of
Batiquitos Lagoon between 1-5 and Carlsbad Boulevard (Old Highway 101).
Approved by the Coastal Commission in September 1994 as the implementing
document of the certified Hest Batiquitos/Sammis Properties Local Coastal
Program (LCPA #1-94), the master plan and subsequent CDP #6-94-79 authorizes
subdivision of approximately 89 acres into 10 lots on the east side of the
railroad tracks (8 residential and 2 open space) and requires that separate
tentative tract maps will be submitted for each of the site's 10 planning
areas. The subject project is Planning Area "A-3"; subdivision and
development of Planning Area "A-4" is also on the Commission's agenda for the
September, 1995 hearing. Planning areas "B-l" and "B-2" were approved at the
Commission's August, 1995 hearing. Planning Areas "A-l", "A-2","E" and "M"
were approved at the Commission's May, 1995 hearing.
The subject site is almost flat and has no environmental resources (i.e.,
naturally vegetated steep slopes, wetlands, riparian habitat) that would be
protected under the resource protection provisions of the certified LCP.
North of the site is the Avenida Encinas roadway. West of the site is the
railroad right-of-way; east and south of the site is the vacant land of
Planning Areas "A-2" and "A-4" respectively.
The Commission's master tentative map approval (CDP #6-94-79) allowed the mass
grading of the master plan property (which has been done), and the
construction of Avenida Encinas roadway and related infrastructure to allow
the development of individual planning areas. Approximately 13,500 cubic
yards of balanced finish grading is required for the development of the
subject site.
The project is proposed to take access from Windrose Circle via a private
street system. A gated entry is not 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 perimeters,
and to promote land use compatibility with adjacent future planning areas.
2. Poinsettia Shores Master Plan/Public Access. The subject Planning
Area is part of an 89 acre area owned by the applicant known as Poinsettia
Shores. The California Coastal Commission approved a master plan for
subdivision and development of Poinsettia Shores in May, 1994 (LCPA #1-94).
Poinsettia Shores borders the northern shore of Batiquitos Lagoon, a coastal
6-95-101
Page 5
lagoon, and is within a quarter mile of the ocean. The master plan addresses
impacts of development of the 89 acres on public access to the lagoon
shoreline as well as impacts to nearby coastal resources. The Commission's
findings in support of the master plan indicated that buildout of 451
residential units on the property would adversely affect the public's ability
to access Batiquitos Lagoon unless the plan included a trail system that would
provide public access to the lagoon. In addition, the Commission's findings
stated that the residential development would overload nearby coastal
resources unless an internal trail system were constructed to provide coastal
recreational opportunities for residents.
The subject planning area, Planning Area A-3, contains a segment of the public
trail the Commission approved in the master plan. A pedestrian access gate is
located at the terminus of proposed private Street "5" through the noise wall
that separates the residential area from the railroad right-of-way. The gate
provides public access to the public trail segment that runs along the
railroad right of way. A seating node and directional signage are also
proposed near the proposed trail's intersection with Avenida Encinas. Offers
to dedicate open space and public access easements have been recorded within
the trail alignment within the subject planning area consistent with CDP
#6-94-79, where the Commission approved the master tentative map for the
subdivision of 89 acres associated with the Poinsettia Shores Master Plan.
This trail segment is proposed to be constructed along the railroad right of
way prior to issuance of building permits within the subdivision which is
consistent with the provisions of the master plan and the Commission's
approval in LCPA #1-94.
Special Condition #1 memorializes this requirement. It also requires signage
on the entry gate at Street "5" indicating the trail is open to the public.
The required plans shall indicate the gate at the terminus of proposed private
Street "5" shall be swing-type only, with no locks permitted.
However, the proposed subdivision is inconsistent with one major provision of
the master plan and LCPA #1-94. In LCPA #1-94, the Commission found that the
street system associated with "A-3" must be open to the public to provide
public access to the trail system. Suggested Modification #12 was approved as
follows:
12. Avenida Encinas and Windrose Circle will be public streets. All
other streets within the master plan boundary will be private and
gated with the exception of internal streets associated with Planning
Areas A-3. A-4 and J.
However, the applicant proposes to construct the internal circulation of
Planning Area "A-3" as a private street system, designated as Private Street
Lot #52 on the tentative map. The Commission is concerned that although the
applicant does not propose to install a gate at the entrance to "A-3", if the
streets of "A-3" are private, the potential exists for the streets to be
closed to the public at some future date. This would result in the public not
being able to access and park near the trail segment, thereby precluding the
public's ability to access the north shore of Batiquitos Lagoon through the
6-95-101
Page 6
railroad right of way access point. Reference Exhibit #4 attached to the
staff report for an orientation of the relationship of the subject planning
area to the trail improvements.
Specifically, the findings for LCPA #1-94 state:
"In this case, the master plan proposes an extensive public trail system
along the bluff top on both the southern and western boundaries of the
site. Improved public trails are proposed within Planning Areas A-3, A-4,
G, and H, both along the lagoon bluffs and the inland bluff system
adjacent to the 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 is proposed to include two lagoon overlooks, two seating nodes,
signage, a six space parking lot and bicycle lanes along Windrose Circle
and Avenida Encinas. The City found that privatization of the residential
planning areas was supportable because adequate public access was being
provided.
Although the proposed public access system is extensive, the Commission
notes the proposed gated communities limit the public's ability to reach
the trail segments both above the north shore of Batiquitos Lagoon and
along the railroad right-of-way. The gating of the planning areas between
the north shore and Avenida Encinas leaves only six public parking spaces
available to coastal visitors. Nhile this parking lot is proposed in a
good location, adjacent to Windrose Circle to access trail segments
leading to Planning Areas J and A-4, the Commission notes that given the
large size of the master plan area, to limit public access to this one
point, outside of the gated communities, would be inadequate. First, six
parking spaces would be inadequate to accommodate coastal visitors to this
very attractive location, particularly after all the amenities are in
place. This area is one of the most scenic areas not only in the City of
Carlsbad but within the entire north county of San Diego.
The City notes that the nearby Windrose Circle could provide parking for
28 vehicles in the event the proposed parking lot was occupied. However,
for the following reasons, this additional parking would not resolve the
Commission's concerns. That is, because of the barriers to public access
created by the locked gate communities and the fact that only one public
parking area is proposed within the master plan, the distances involved in
reaching all the trail segments in Planning Areas Ar-3, A-4, G and H from
the public parking area or Windrose Circle location would still discourage
public access. For example, it appears greater than 2,000 feet for a
hiker to park at the parking lot and then hike along the trail first
south, then west, and then north, to a proposed seating node located
adjacent to Avenida Encinas in Planning Area A-3. The Commission's
statewide guidelines identify that adequate public access should be
provided at 500 foot intervals. Therefore, the Commission finds that to
allow these neighborhoods locked gates would have adverse impacts on
public access. The Commission notes that if the interior streets
associated with Planning Areas A-3 and A-4, or J were made available to
6-95-101
Page 7
the public, distances between any point on the trail system in this area
would be greatly reduced with the corresponding positive impact on public
access. For this reason, a suggested modification is proposed that would
prohibit Planning Areas A-3, A-4 and J from being gated communities. The
Commission notes the remaining planning areas would not be subject to this
restriction because they are well-removed from the north shore."
In its approval of the Poinsettia Shores Master Plan, the Commission noted the
cumulative impacts of the buildout of the entirety of the Poinsettia Shores
area (89 acres on the north shore of Batiquitos Lagoon between 1-5 and
Carlsbad Boulevard). The ultimate buildout of 451 residential units would
require many public services and facilities (i.e., library, parks, drainage,
circulation, fire, schools, sewer 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.
The applicant states that because the planning area would be ungated, visitors
would be able to use the streets for access and parking when visiting the
trail. The applicant states this has been done in the nearby Rosalena
subdivision where the general public can use Navigator Circle, a private
street, to access and park near an existing public trail segment which
terminates in a scenic overlook above Batiquitos Lagoon. The applicant has
proposed the following language as a deed restriction and specific language in
the CC&R's to be recorded concurrent with the final subdivision maps for
Planning Areas A-3 and A-4 (also on the Commission's September 1995 hearing
and also containing a portion of the public blufftop trail). It is proposed
to assure that the proposed private streets would be open for access and
parking to the trail segment for the public in perpetuity. It is also
proposed as an alternative to the City of Carlsbad indicating that it would
not accept an public access easement over the street system because of
maintenance and liability responsibilities that would follow with the
acceptance of the easement.
Proposed Deed Restriction For A3 (similar language is proposed for A4)
The conveyance of Lot 52 (private street for Planning Area A3) and Lot 65
(private street for Planning Area A4) to their respective Homeowner
Associations will be subject to the following restriction to be
incorporated within the appropriate grant deeds.
"All public pedestrian and vehicular access over, along and across the
entire common private street parcel shown as Lot 52 on the tentative map
CT 94-06 shall be allowed in perpetuity and without restriction for the
purpose of public access (including parking) to the public trail segment
within tentative map CT 94-06, and lot 9 of final map, Carlsbad Tract No.
94-01."
Proposed CC&R Language for A3 (Similar language is proposed for A4)
"The association shall maintain without restriction public pedestrian and
vehicular access over, along and across the entire common private street
6-95-101
Page 8
parcel shown as Lot 52 of the tentative map CT 94-06. Such public access
shall be allowed in perpetuity and without restriction for the purpose of
public access (including parking) to the public trail segment within
tentative map CT 94-06, and Lot 9 of final map, Carlsbad Tract No. 94-01."
Notwithstanding the above, as noted, LCPA #1-94 required Planning Areas A-3
and A-4 to be ungated and employ public streets to ensure that public access
to the public trail system within these planning areas would be preserved and
maintained. While the subdivisions were approved at the local level with no
gated entryways, a private street system was approved for both sites, thus
raising concerns that public access could be blocked at some future time
should homeowners elect to close the streets to the public. Closure of the
streets would be inconsistent with the public access provisions of the
certified LCP.
The LCP requires the street system to be made public so that the public can
access and park near the public trail segments. However, the applicant
prefers private streets because their design requirements are less than those
associated with public streets (i.e., private streets for this subdivision can
be designed to 36 feet wide while public streets must be designed to 52 feet
wide) which results in the applicant realizing a greater financial return on
the development of the property. Realizing the Commission's concerns about a
private street system and in light of the City not accepting an easement for
the streets, the applicant has proposed language which resolves most of the
Commission's concerns with respect to preserving access opportunities for the
public in perpetuity.
In seeking a proactive and creative approach in addressing both the
applicant's and the Commission's concerns, the Commission is willing to be
flexible in its action to find consistency with the intent of the LCP and the
applicant's proposed solution. Thus, the Commission finds that it will give
the applicant another option to comply with LCP access requirements rather
than simply requiring the subdivision design to be revised to include only
public streets. The applicant has proposed language which resolves most of
the Commission's access concerns; however, the Commission remains concerned
with the phrase "without restriction" in the applicant's proposed language.
The phrase must be clarified to mean "no signs, red-curbing, or other means of
preventing or discouraging public access." Only as clarified can the
Commission be assured that pedestrian and vehicular access over the private
street systems will be maintained in perpetuity. Additionally, as a further
safeguard, the Commission finds the proposed deed restriction and CC&R
language can not be modified without approval of the Coastal Commission.
Finally, signage must be provided identifying the public access
opportunities. The maintenance of the signage in the deed restriction and
CC&R's is also a necessary requirement to find the project consistent with the
public access provisions of the certified LCP.
Therefore, based on the above, the Commission finds that either the tentative
map must be revised to indicate a public street system or language identified
in Special Condition #2 shall be recorded. Only as conditioned can the
Commission find the proposed project consistent with the public access
6-95-101
Page 9
policies of the West Batiquitos Lagoon/Sammis Properties LCP, and the
Poinsettia Shores Master Plan. Thus, as conditioned, the Commission finds
that the proposed project is consistent with the local coastal program, and
that a permit may be issued.
3. Local Coastal Program. With the exception of one of the public
access provisions, the proposal for Planning Area "A-3" complies with the
provisions of the certified master plan. The master plan allows up to 51
single family dwelling units to be constructed on 5,000 sq. ft. minimum lots
(50 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 25 feet setback for all homes within
the planning area from Avenida Encinas is maintained; (2) 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 adequate and appropriate landscaping and the provision of passive
and active recreation areas.
As noted, the proposed project is consistent with the development standards
and design guidelines of the approved Poinsettia Shores Master Plan. Proposed
project density, product type design, setbacks, signage and landscaping
requirements all reflect consistency with master plan criteria. Additionally,
as conditioned to ensure the public can access the public trail system, the
proposed project is consistent with the public access policies of the West
Batiquitos Lagoon/Sammis Properties LCP, and the Poinsettia Shores Master
Plan. 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
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)(1) 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, as conditioned to ensure public
access opportunities will be maintained within the subject planning area, the
project has been found consistent with the provisions of the Poinsettia 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
6-95-101
Page 10
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.
(5101R)
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