HomeMy WebLinkAboutCT 94-07; Poinsettia Shores PA A-4; Tentative Map (CT) (3)STATE OF 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 92108-1725
(619) 521-8036
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
August 3, 1995
September 21\,. 1995
January 28, \995
BP-SD V
August 24, 1995X
October 10-13, 1995
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-95-119
Applicant: Kaiza Poinsettia Corporation
Description:Subdivide 12.7 acres into 64 lots, consisting of one private
street lot, two open space lots and 61 residential lots and
construct 61 single family homes on 5,000 sq. ft. minimum sized
lots with 17,500 cubic yards of balanced grading to construct
building pads, roads, and drainage and infrastructure
improvements within Planning Area "A-4" of the Poinsettia Shores
Master Plan. Also proposed is the construction of a portion of
the public lagoon blufftop trail.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Parking Spaces
Zoning
Plan Designation
Project Density
Ht abv fin grade
12.7 acres
3.2 acres (25%)
3.7 acres (29%)
5.8 acres (46%)
244
P-C (Planned Community)
RM (Residential Medium, 4-8 du/ac)
4.8 du/ac
28.5 feet
Location
STAFF NOTES:
South of Avenida Encinas and west of Hindrose Circle, Planning
Area "A-4", Carlsbad, San Diego County, APN 216-140-25,-36
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.
6-95-119
Page 2
Substantive File Documents: Certified City of Carlsbad West Batiquitos
Lagoon/Sammis Properties Segment LCP;
City of Carlsbad Master Tentative Map 94-07
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, approved by the City of Carlsbad,
including, but not necessarily limited to, a 5 foot wide improved trail,
directional signage, access gates, two seating nodes, a public overview area,
and trash receptacles as shown in the Poinsettia Shores Master Plan, for
construction of the improvements to the segment of the public access trail
adjacent to the railroad right-of-way and blufftop area of Batiquitos Lagoon
on the subject property. The plans shall indicate conformity with the design
requirements, including the landscaping provisions, of the certified
Poinsettia Shores Master Plan. The plans shall indicate:
a. signage on the trail entry gates indicating the public trail shall be
open to the public.
b. public access gates shall be swing-type only, with no locks
permitted.
c. a detailed interpretive signage plan shall be submitted documenting
plant, animal, and environmental conditions of Batiquitos Lagoon to
facilitate and enhance public use of the blufftop trail. Said
interpretive signage will be placed along the blufftop portion of the
trail at 500 foot intervals.
d. construction of public trail improvements within Planning Area "A-4"
shall be required prior to the issuance of building permits for the
. residential units associated with this planning area.
6-95-119
Page 3
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 #65
(private street for Planning Area A4) is subject to the following
restriction:
All public pedestrian and vehicular access, including parking, over,
along and across the entire common private street parcel shown as Lot
65 on the tentative map CT 94-07 shall be allowed in perpetuity and
without restriction for the purpose of public access to the public
trail segment within tentative map CT 94-07, 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-4.
These acknowledgments shall not be modified without prior written
approval by the Coastal Commission through an amendment to coastal
development permit #6-95-119.
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 65 of the tentative
map CT 94-07. 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 94-07, and Lot 9 offinal 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
6-95-119
Page 4
future to limit the public's access to the public trail through Planning
Area A-4. 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
#6-95-119.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. The applicant is proposing to subdivide
12.7 acres into 64 lots, consisting of one private street lot, two open space
lots and 61 residential lots. The applicant also proposes to construct 61
single family homes on 5,000 sq. ft. minimum sized lots (4.8 du/ac) with
17,500 cubic yards of balanced grading to construct building pads, roads, and
drainage and infrastructure improvements within Planning Area A-4 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 nodes, public overview, trash
receptacles) on the portion of the public trail alignment that is adjacent to
both the railroad right-of-way that leads to the bluffop lagoon trail and the
blufftop trail itself.
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 West Batiquitos/Sammis Properties Local Coastal
Program (LCPA 1-94), the master plan and subsequent COP #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-4"; subdivision and
development of Planning Area "A-3" is also on the September agenda.
Subdivision and development of 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 vacant land associated with Planning Area "A-3".
East and south of the site is the existing Batiquitos Lagoon desiltation basin
site and the lagoon itself, respectively. West of the site is the railroad
right-of-way. Immediately adjacent to the east, south, and west perimeters of
the site is the public access right-of-way associated with the public blufftop
trail segment.
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
6-95-119
Page 5
construction of Avenida Encinas roadway and related infrastructure to allow
the development of individual planning areas. Approximately 17,500 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. Gated ,entries are not proposed, consistent with Commission
approval of LCPA #1-94. The intent was to maximize the public access
opportunities to the public lagoon blufftop trail system. Unlike other trail
segments in the master plan, the trail segment adjacent to the railroad
right-of-way and blufftop areas of Planning Areas "A-3" and "A-4" are
pedestrian trails specifically intended for use by the general public, in
addition to master plan residents. Public trail amenities including seating
nodes and a overlook are required by the LCP and will be provided by the
applicant.
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 the 89 acres known as Poinsettia Shores in May,
1994 (LCPA #1-94). Poinsettia Shores borders the northern shore of Batiquitos
Lagoon, a coastal 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 indicate that buildout of
451 residential units on the property would adversely affect the public's
ability to access Batiquitos Lagoon unless an internal trail system were
constructed to provide coastal recreational opportunities for residents.
The master plan also requires that special attention be given to the aesthetic
sensitivity associated with locating development near the lagoon blufftop.
The proposed project achieves this objective by complying with the 80 foot and
100 foot structural setback requirements listed above. The southeast corner
blufftop lot (Lot 49) is the most critical lot with regards to this issue.
The 80 foot setback requirement from the east slope edge is exceeded with a 90
foot setback; the 100 foot setback requirement from the south edge is exceeded
with a 125 foot setback. In fact, the required 100 foot setback from the row
of south-facing bluff homes is exceeded with an average setback of 115 feet.
As noted, the Poinsettia Shores Master Plan requires that the tentative map
approval adequately restrict the allowable accessory uses and structures
permitted within the private setback portion of the blufftop setback area.
The primary intent of the restriction is to prohibit any structural portion of
the main dwelling unit within the private setback area while allowing for
reasonable rear yard accessory uses and structures. These restrictions will
be incorporated into the project's future CC&Rs.
6-95-119
Page 6
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 and lagoon blufftop area 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.
LCPA #1-94 also required a "Trail Construction Plan" for all planning areas
containing public trails. As approved by the Commission, the plan required
that all trail alignments will be atop of the lagoon or railroad slopes and
must be constructed in the least environmentally-damaging manner. To this
end, the submitted trail plan indicates the trails will be built along the
mesa top and not on slopes associated with the railroad right of way or upland
chaparral and coastal sage scrub covered hillsides located between the subject
site and Batiquitos Lagoon. The submitted fuel modification plan indicates
that brush clearance on the blufftop portion of the trail segment will be done
in conformance with fire suppression guidelines contained in the approved
master plan. In this way hillsides containing native vegetation below the
improved trail will only be selectively thinned to reduce fire hazard rather
than clear-cut.
Additionally, the Trail Construction Plan required the public trail
improvements must include a minimum 5 foot wide improved accessway, fencing,
trash receptacles and interpretive signage. With the exception of the
interpretive signage requirement, the submitted plans indicate conformance
with the provisions of the Trail Construction Plan. Proposed public access
improvements submitted as part of the subdivision design to comply with the
above approved Trail Construction Plan include a pedestrian access gate
located at the terminus of proposed private streets "6" and "9" through noise
walls adjacent to the railroad right-of-way to provide public access to the
public trail segment within "A-4" from the railroad right-of-way portion of
"A-4". Visitors will use the railroad right-of-way portion of the trail
system to gain access to the blufftop portion of the site to the south where
commanding views of Batiquitos Lagoon and other scenic features will be
available. Another pedestrian access gate is located at the terminus of
proposed private street "10". Two seating nodes and trash receptacles are
proposed in the southeast portion of the site, one in the extreme southeast
corner near Lot #41 and another approximately 140 feet to the east.
Directional signage is proposed along the perimeter of the trail, but no
interpretive signage is proposed. A public overview area is proposed within
the public open space area located in the extreme southeast portion of "A-4"
near Lot #49. Extensive landscaping is also proposed within the public open
space to enhance the recreational experience for visitors of the trail and to
provide screening of proposed development from nearby scenic areas.
In addition to the existing trailhead at Windrose Circle, the Trail
Construction Plan requires two additional trailheads: one at the southwest
6-95-119
Page 7
corner of the subject planning area and one at the northwest corner of
Planning Area "A-3", adjacent to Avenida Encinas. These trailheads were
required to provide directional signage and identification but not public
parking; the applicant's submitted plans are consistent with these
requirements.
Special Condition #1 requires final trail improvement plans which indicate
conformity with the design requirements, including the landscaping provisions,
of the certified Poinsettia Shores Master Plan and LCPA #1-94. It also
requires a detailed interpretive signage plan which documents plant, animal,
and environmental conditions of Batiquitos Lagoon to facilitate and enhance
public use of the blufftop trail. Said interpretive signage will be placed
along the blufftop portion of the trail at 500 foot intervals.
Finally, the Trail Construction Plan required construction specifications,
maintenance standards, and specificity as to what party(ies) shall assume
maintenance and liability responsibilities for the trail. The submitted
tentative map indicates that maintenance and liability for all areas shown as
public open space and/or common area shall be the responsibility of a
Homeowners Association or other appropriate entity acceptable to the City of
Carlsbad. A Homeowners Association or other acceptable entity shall assume
all trail maintenance and liability responsibilities. Prior to or concurrent
with the final map approval, an open space easement shall be dedicated to the
property owner/a Homeowner's Association or other acceptable entity for trail
purposes. The corresponding CC&R's of a responsible Homeowners Association,
or the controlling documents of another responsible entity shall include
reference to the maintenance and liability requirement herein. This language
can be found consistent with the provisions of the Trail Construction Plan and
the master plan.
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-4" 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 Nindrose 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-4" as a private street system, designated as Private Street
Lot #65 on the tentative map. The Commission is concerned that although the
applicant does not propose to install a gate at the entrance to "A-4", if the
streets of "A-4" are private, the potential exists for private 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 blufftop portion of Batiquitos Lagoon.
Reference Exhibit #4 attached to the staff report for an orientation of the
relationship of the subject planning area to the trail improvements.
6-95-119
Page 8
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. While 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 A-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
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
6-95-119
Page 9
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. 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-4 and A-3 (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 A4 (similar language is proposed for A3)
The conveyance of Lot 65 (private street for Planning Area A4) and Lot 52
(private street for Planning Area A3) 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 65 on the tentative map
CT 94-07 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 94-07, and lot 9 of final map, Carlsbad Tract No.
94-01."
Proposed CC&R Language for A4 (Similar language is proposed for A3)
"The association shall maintain without restriction public pedestrian and
vehicular access over, along and across the entire common private street
parcel shown as Lot 65 of the tentative map CT 94-07. 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 94-07, and Lot 9 of final map, Carlsbad Tract No. 94-01."
6-95-119
Page 10
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
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.
6-95-119
Page 11
3. Local Coastal Program. With the exception of one of the public
access provisions, the proposal for Planning Area "A-4" complies with the
provisions of the certified master plan. The master plan allows up to 62
single family dwelling units to be constructed on 5,000 sq. ft. minimum lots
(61 dwelling units are proposed). The master plan provides certain
development standards and design criteria which are complied with and
summarized as follows: (Da minimum structural setback, of 80 feet from the
east-facing Batiquitos Lagoon bluff edge and a minimum setback of 100 feet
from the south-facing bluff edge is maintained and in most cases exceeded.
The blufftop setback area has two components: a) a public right-of-way setback
area 40 feet and 50 feet in width (for the east and south-facing bluff edges,
respectively) designated for the public trail segment, and b) a private
right-of-way setback area of 40 and 50 feet in width associated with the rear
yard areas of private homes, separated from the public trail area and
restricted to appurtenant development only (i.e., decks, patios, etc., no
portion of the main residential structure is allowed within the setback); (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 (CEOA).
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)(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, 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.
6-95-119
Page 12
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.
(5119R)
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EXHIBIT
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EXHIBIT NO. 5
California Coastal Commission
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