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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. 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