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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 WNP-SD ^Af/|//A//; nro VSi,^/ .t"»RTK?**'£&^ ,'c CarlsbaH 8/26/95 \v 10/10-13/95 \ 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) POINSETTIA SHORES EXHIBIT NO. / APPLICATN NO. (K California Coastal Commission JUL2S1SOG CALlFOftKlA COASTAL COMMISSION r.AN DIEGO-COAST DlLfRl EXHIBIT NO. APPLICAT1PN NICAT1PN N., 9 <^ \ue OK Calilomia Coasial Commission s fil'NF i § Mw\»*f f| 1» i {Iiii !i POINSETnA SHORES KAtU KOaCTTU OCMPOtATlON LZ ^n EXHIBIT NO. 4 APPLICATION NO. 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