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Home My WebLink AboutLFMP 09A; LOCAL FACILITIES MANAGEMENT PLAN ZONE 09A; Local Facilities Management Plan (LFMP)LFMP 87-09A POINSETTIA SHORES MASTER PLAN APN No. 216-420-79-00 Description: LOCAL 162 AC PC/GUIDE DEV OF INDIV PLN AREAS Status: APPROVED Application date: August 26,1993 Notice of Detei mination 940027 To: _X Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 H HI f"""*\ ' J. i^ans. Clerk LQ) JAN-2 1 1994, (619) 438-1161_X County Clerk IT County of San Diego Attn: Mita PO Box 1750 BY San Diego, CA 92112-4147 Project No.: TOP 175(D)/GPA 91-05/LCPA 91-02/LFMP 87-09(A) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Poinsetria Shores Master Plan Project Title 93081049 City of Carlsbad. Eric Munoz (619) 438-1161, 4441 State Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension North of Bariquitos Lagoon, west of the 1-5 Freeway, east of Carlsbad Blvd in the City of Carlsbad. County of San Diego Project Location (include county') Project Description: A major Master Plan Amendment which will replace the educational and related land uses allowed by the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with the residential uses of the Poinsettia Shores Master Plan. The west side of the project will retain the travel service commercial uses allowed by BLEP in addition to an unplanned area. Approximately 35 acres of sensitive wetlands associated with the Batiquitos Lagoon has already been dedicated as permanent open space. This is to advise that the City of Carlsbad has approved the above described project on January 18, 1994 and has made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A iviicigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval are available to the General Public at THE CITY OF CARLSBAD. PLANNING DIRECTOR Date received for filing at OPR:KM:vcl CALL ^<NIA DEPARTMENT OF FISH ANL .AME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project Tide/Location (include county): Poinsettia Shores Master Plan - MP 175(D)/GPA 91-05/LCPA 91-02/LFMP 87-09(A) - North of Batiquitos Lagoon, west of 1-5 Freeway, east of Carlsbad Blvd in the City of Carlsbad, County of San Diego, State of California Name and Address of Applicant: Attention: Brian Murphy Kaiza Poinsettia Corporation 7220 Avenida Encinas, Suite 200 Carlsbad, CA 92009 Project Description. A major Master Plan Amendment which wiii replace the educational and related land uses allowed by the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with the residential uses of the Poinsettia Shores Master Plan. The west side of the project will retain the travel service commercial uses allowed by BLEP in addition to an unplanned area. Approximately 35 acres of sensitive wetlands associated with the Batiquitos Lagoon has already been dedicated as permanent open space. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the completed Environmental Initial Study, the City of Carlsbad Planning Department finds there is no evidence before the City of Carlsbad that the proposal will have potential for an adverse effect on wild life resources or the habitat upon which the wildlife depends. 3. The City of Carlsbad has on the basis of substantial evidence, rebutted the presumption of adverse effect contained in AB 3158 Chapter 1706 Section 753.5(d). Certification: I hereby certify that the lead agency has made the above findings of fact and that based on the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. EM:vd MICHAEL .HOLMILLER Title: Planning Director Lead Agency: City of Carlsbad Date: January 12. 1994 _- l - ' - Section 711.4, Fish and Game Code DFG: 12/90 City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: A 162 acre PC (Planned-Community) zoned, Master Plan property on the north side of Batiquitos Lagoon, west of 1-5, east of Carlsbad Boulevard and south of the Lakeshore Gardens Mobile Home Park in the southwest quadrant of the City. PROJECT DESCRIPTION: A Master Plan Amendment, General Plan Amendment, Local Facilities Management Plan Amendment, and Local Coastal Program Amendment to change the land uses associated with the former Batiquitos Lagoon Educational Park Master Plan from RM, RMH, RC, P, N, TS/C, and OS to RM, RH, NRR, TS/C, and OS, General Plan designations. The Master Plan Amendment will guide the development of individual planning areas. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at (619) 438-1161, extension 4441. DATED: AUGUST 12, 1993 CASE NO: MP 175(D)/GPA 91-05/ LFMP 87-09(A)/LCPA 91-02 CASE NAME: POINSETTIA SHORES MASTER PLAN PUBLISH DATE: AUGUST 12, 1993 MICHAEL J. H( Planning Director LLER ENM:km 2075 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 APPLICATION COMPLETE DATE: GPA/LCPA/MPA . APRH 71 . 1991 LFMPA - AUGUST 2. 1993 DATE: TO: FROM: SUBJECT: I. _ PROJECT PLANNER: ERIC N. MUNOZ STAFF REPORT OCTOBER 20, 1993 PLANNING COMMISSION PLANNING DEPARTMENT MP 1 75(D VGPA 91 -05/LCPA 91 -Q2/LFMP 87-09CA) - PQ[NSETTIA SHORES MASTER PLAN - Request for the approval of a Mitigated Negative Declaration, General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment and Local Facilities Management Plan Amendment for Zone 9, to change General Plan land use designations to replace the educational and related land uses of the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with residential uses and retain the travel service-commercial land use designations for the western portion of the site on Planned-Community (P-C) zoned property generally located in the southwest quadrant of the City, north of the Batiquitos Lagoon, west of the 1-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3551 RECOMMENDING APPROVAL of the Mitigated Negative Declaration, and ADOPT Planning Commission Resolution Nos. 3552, 3553, 3554, and 3555, RECOMMENDING APPROVAL of MP 175(D), GPA 91-05, LCPA 91-02, and LFMP 87-09(A), based on the findings and subject to the conditions contained therein. II.PROJECT BACKGROUND AND DESCRIPTION The applicant is requesting approval of a Mitigated Negative Declaration; and approval of a General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment and Local Facilities Management Plan Amendment to replace the educational and related land uses associated with the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with residential uses at the allowed density remaining from BLEP. The proposal also involves the re-naming of the master plan to the Poinsettia Shores Master Plan. The west side of the master plan is proposed to remain with the travel service-commercial designations allowed by BLEP with the exception of one area which will be an unplanned reserve as discussed in Section A of this report. The master plan will also designate an onsite affordable housing planning area (Area "D") to facilitate onsite affordable housing compliance (offsite compliance is also allowed through the approval of an Affordable Housing Agreement); and a recreation center planning area (Area "M") and a recreational MP 175(D)/GPA 91-05/.—PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 2 'vehicle storage planning area (Area "E") to serve the residents of the master plan. The master plan property is generally located in the southwest quadrant of the City, north of the Batiquitos Lagoon, west of the 1-5 freeway and totals approximately 162 acres which is separated into east and west sides by the north/south railroad tracks as shown on the attached location map. The development of the master plan property will involve the construction of the Avenida Encinas roadway including the bridge over the railroad tracks to a new intersection with Carlsbad Boulevard. This master plan amendment proposes a new alignment of Avenida Encinas as shown on attached Exhibit "A" (excerpted from the master plan text) that is different from the ring road alignment associated with BLEP. The project area is located within Local Facilities Management Plan Zone 9. The planning areas proposed by the Poinsettia Shores Master Plan are shown on Exhibit "B" (excerpted from master plan text) attached to this report. The former BLEP Master Plan was originally adopted by the City Council in 1985 and subsequently amended twice in 1989. The BLEP Master Plan included residential, open space, recreational commercial, neighborhood commercial and travel services-commercial land uses centered around a private university/educational institution. The Poinsettia Shores Master Plan proposes to replace the educational and related land uses with residential development and retain the travel services-commercial uses allowed for the west side of the project. In keeping with the conditions of approval for the master plan's five year extension as pan of a master plan amendment (MP 175-C) approved in August 1989, the neighborhood commercial land use designation on the west side has been eliminated and replaced with an unplanned reserve designation. MP 175(C) specified that if no educational institution was constructed on the master plan property, the neighborhood commercial use would have to be eliminated through a master plan amendment that would also redistribute the remaining residential units over the site's east side. The proposed master plan amendment would be in compliance with City Council actions regarding this master plan property. The existing and proposed General Plan designations for the master plan property are shown on Exhibit GPA 91-05 as attached to Planning Commission Resolution No. 3553. A single family subdivision of 75 lots currently exists within the master plan developed under the BLEP plan. Of these 75 lots, 70 are developed with single family homes and 5 lots are vacant custom lots. This planning area is shown as Area "J" on the attached planning area exhibit and is the location of an approved trail system for the perimeter of the subdivision adjacent to the lagoon blufftop. This trail is currently undergoing final Coastal Commission approvals and the trail construction has already been financially secured by the master plan applicant. A portion of Windrose Circle has also been constructed. The master plan property currently has an allowance of 451 dwelling units left to develop. Poinsettia Shores will develop these remaining 451 units in combination with a 25% density bonus in order to satisfy the master plan's affordable housing requirement. MP 175(D)/GPA 91-05/LvJPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 3 The Master Plan is surrounded by natural open space associated with the Batiquitos Lagoon to the south, an existing mobile home park to the north, the 1-5 freeway to the east and Carlsbad Boulevard to the west. The applicant is requesting the following discretionary approvals: 1. The approval of a Mitigated Negative Declaration for the project. The Mitigated Negative Declaration referenced the certified EIR that exists for the master plan property (EIR 84-3) and evaluated the environmental impacts of reducing the area's proposed development intensity from the educational and related uses of the BLEP plan to the residential proposal of Poinsettia Shores. Using updated noise and traffic studies, the Mitigated Negative Declaration establishes a Mitigation Program which includes the completion of environmental mitigation of certain impacts as outlined in EIR 84-3. The impacts requiring mitigation concurrent with the development of the Poinsettia Shores Master Plan include: archeological, paleontological and visual/aesthetic resources, and noise impacts. As future planning areas are submitted for City review and approval, they will be checked for consistency with the Poinsettia Shores Master Plan as well as compliance with the project's Mitigation Program (attached to Planning Commission Resolution No. 3551 and also included in the master plan text). 2. A General Plan Amendment to adjust land use designations for the master plan site from Residential Medium (RM), Residential Medium High (RMH), Recreation Commercial (RC), Private School (P), Neighborhood Commercial (N), Travel Services-Commercial (TS) and Open Space (OS) to RM, Non-Residential Reserve (NRR), TS and OS. These General Plan designation changes reflect the replacement of the BLEP allowed educational and related uses with the residential uses proposed by the Poinsettia Shores Master Plan. 3. A Master Plan Amendment to: (a) replace the BLEP educational and related land uses with residential uses as reflected by the General Plan designation changes discussed above; (b) re-name the site to the Poinsettia Shores Master Plan; and, (c) update the master plan to conform with current City policies and standards. The Poinsettia Shores Master Plan has been updated to reflect and refer to the goals of the Open Space and Conservation Element, and Housing Element of the General Plan, the Growth Management Ordinance - including the Local Facilities Management Plan for Zone 9, and local ordinances and policies such as the Hillside Development Ordinance, the Planned Development Ordinance, the City's Noise Policy, the City's adopted Small Lot Architectural Guidelines and the West Batiquitos Lagoon Local Coastal Program (LCP). MP 175(D)/GPA 91-05/u^PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 4 The entire master plan document has been reorganized and reformatted for clarity and readability. The graphics have been updated to reflect the proposed master plan amendment. An Affordable Housing compliance section has been added, in addition to an updated Open Space section and a Trail Exhibit that reflects the Citywide Trail System. Master plan circulation, land uses, open space, grading, public facilities, theme elements (landscaping, walls, signage and lighting), and planning area review/approval processes and development standards are also included in the master plan text. 4. A Local Coastal Program (LCP) Amendment to the West Batiquitos Lagoon segment of the City's coastal zone to make the coastal land use designations consistent with the General Plan and master plan designation changes proposed by the Poinsettia Shores project. The revised text for this LCP segment is attached to Planning Commission Resolution No. 3554. 5. A Local Facilities Management Plan (LFMP) Amendment to the Zone 9 LFMP to reflect the land use changes proposed by the Poinsettia Shores project. The LFMP amendment centers on circulation changes since the alignment of the master plan's primary roadway (Avenida Encinas) has changed from the BLEP Master Plan and the existing Zone 9 LFMP. Overall, the land use intensity proposed by Poinsettia Shores is significantly less than the BLEP proposal so all impacts to and demands for required public facilities and services will be reduced. In accordance with the City's Growth Management Program, all necessary public facilities and services will be available concurrent with their need as the Poinsettia Shores Master Plan develops to buildout. in. ANALYSIS The proposed project is subject to the following plans, ordinances, and State laws: A. Carlsbad General Plan. B. Carlsbad Municipal Code, Title 21, Chapter 21.38, "PC Planned Community Zone". C. Carlsbad Local Coastal Program, West Batiquitos Lagoon segment. D. Carlsbad Municipal Code, Title 21, Chapter 21.90, "Growth Management Ordinance" (Local Facilities Management Plan Zone 9). E. Carlsbad Municipal Code, Title 19, "Environmental Protection Procedures"; and the California Environmental Quality Act (CEQA). MP 175(D)/GPA 91-05/bJPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGES A. GENERAL PLAN Planning Issue Is the Poinsettia Shores proposal consistent with the General Plan? DISCUSSION LAND USE ELEMENT The Poinsettia Shores Master Plan will guide the development of individual planning areas which are subject to various land use regulations, design criteria, development standards, environmental mitigation and review/approval processes as outlined in the master plan text. The proposed master plan amendment will permit residential dwelling units to be developed on the project's east side through the Residential-Medium (RM) General Plan designation as shown on Exhibit "C" attached to this report. A diversity of residential product types are proposed for the master plan. Planning Areas "A-l", "A-2", "A-3" and "A-4" will be developed with detached single family units on 5,000 square foot minimum sized lots in compliance with the City's Planned Development Ordinance. Planning Areas "B-l" and "B-2" will be developed with a clustered single family product type which will cluster up to four detached single family units around a 24 foot wide driveway/motorcourt coming off the planning area's private street system. This product type will allow a detached single family type feeling but with a slightly higher density. This design will prevent the development of linear rows of units fronting on the planning area's street system. Overall, building separations will be increased. These units will be air-space ownership units and will also obtain Planned Development permits with planning area approval. This product type is discussed in the Development Standards section of the master plan text for Planning Areas "B-l" and "B-2". Planning Area "C" will be the master plan's multi-family planning area with typical multi-family type development allowed. The master plan allows a multi-family design that offers some flexibilities in setbacks but overall will create a more open and interesting streetscape while meeting building separation, building height limits and other standards of the Planned Development Ordinance and City Policies. This multi-family design is discussed in the Development Standards of the master plan text for Area "C". All three product types can be developed using the allowed density range of the RM designation (4-8 dwelling units per acre) without exceeding the amount of residential dwelling units allowed for the master plan. The RM designation allows for medium density residential areas characterized by small lot single-family homes or townhouses, duplexes, triplexes, and low density apartment developments. The proposed residential uses of the Poinsettia Shores Master Plan are consistent with the General Plan. MP 175(D)/GPA 91-05, JPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 6 The west side of the master plan, south of the future Avenida Encinas roadway alignment, will retain the Travel Services-Commercial designation allowed by BLEP and involves the uses and development standards of the Commercial-Tourist (C-T) Zone plus a hotel/conference center (planning area "H") and hotel/timeshare units (planning area "G"). Planning Area "F" located on the master plan's west side, north of Avenida Encinas, will be designated an unplanned reserve area at this time. Planning and development of this site will occur in the future through a major master plan amendment. Since the City currently does not have an "Unplanned Area" General Plan designation, this amendment is proposing a Non-Residential Reserve designation. However, it is not the intent of the Poinsettia Shores Master Plan to prevent residential development if, in the future, residential dwelling units become available to this property consistent with the City's Growth Management Program through the review and approval of a major master plan amendment. Section 21.38.070 allows for the reservation of areas within a master plan for future planning provided such areas do not exceed 40% of the entire master plan area. Area "F" has a gross acreage of 11.3 acres and represents approximately 7% of the master plan's total acreage (162.8 acres). OPEN SPACE AND CONSERVATION ELEMENT The Poinsettia Shores Master Plan will not adjust or modify any existing General Plan designated open space areas or boundaries. Of the project's 162.8 total acres, approximately 34.8 acres are natural lagoon/wetland habitat which have Open Space General Plan designations (planning areas "I", "K", and "L") and have already been dedicated in fee title to the State of California, State Lands Commissions in accordance with previous BLEP approvals. The master plan has additional open space totalling approximately 11 acres comprised of a community recreation center (planning area "M") and open space areas consisting of blufftop and roadway setbacks. The total master plan open space (approximately 46 acres) represents 28% of the entire master plan area. This exceeds the requirement of at least 15% of the master plan area (24.4 acres) to be set aside as open space. As outlined in the Citywide Facilities Improvement Plan and the Zone 9 LFMP, this master plan has complied with all open space requirements. The project is also consistent with the Open Space and Conservation Resource Management Plan and incorporates master plan trails and links with the Citywide Trails System as required. The master plan's frontage on the east side of Carlsbad Boulevard (planning areas "G" and "H") is the location for linkage with the Citywide Trails System. These planning areas will be required to provide for the trail link within the required 40 foot structural setback from Carlsbad Boulevard. The master plan's open space program is shown on Exhibit "D" attached to this report. The Master Plan Trails System is shown on Exhibit "E". On August 26, 1993 the master plan's open space program was reviewed by the City's Open Space Advisory Committee and unanimously supported. In addition, an informational presentation on the Poinsettia Shores Master Plan was made to the Batiquitos Lagoon Foundation on September 13, 1993. Several issues comparing the BLEP project to the Poinsettia Shores project were discussed. The foundation submitted a letter of comment during this project's public review period. The letter and corresponding city response letter are attached to this report. MP 175(D)/GPA 91-05/u.PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 7 HOUSING ELEMENT The Poinsettia Shores Master Plan will be in conformance with the goals and objectives of the Housing Element. An Affordable Housing chapter is included in the master plan. This chapter outlines the general and specific requirements and standards necessary to implement the Housing Element of the General Plan and provide housing affordable to lower income households within the master plan. Planning Area "D" is the proposed affordable housing site for the master plan. The City's Housing Element, as implemented through the Inclusionary Housing Ordinance, requires that at least 15% of the master plan's 451 dwelling units be affordable housing units (68 units total). Poinsettia Shores proposes to exceed this minimum requirement through implementation of the City's Density Bonus Ordinance which allows a 25% density bonus to the allowed 451 dwelling units. This bonus yields an additional 113 units totalling 563 units. Per density bonus provisions, 20% of the allowed 451 "base" units (90 units) must be affordable housing units. These 90 affordable units exceeds the minimum requirement of 68 affordable units and will be located on Planning Area "D" through the review and approval of a site development plan. This site development plan will also involve an Affordable Housing Agreement to implement all aspects of affordable housing compliance in accordance with City regulations. The remaining 5% of the 451 base units associated with the density bonus (23 units) may be market rate units to be spread over the residential planning areas of the master plan's east side. Consistent with City ordinances, the affordable housing requirement may be satisfied offsite through the approval of an Affordable Housing Agreement. If offsite affordable housing compliance is achieved, planning area "D" will be the site for the development of the 23 market rate units with the clustered single family product type proposed with planning areas "B-l" and "B-2". The master plan provides the option to satisfy the affordable housing requirement. If the units are to be constructed onsite, then a site development plan (SDP) for the units in Planning Area "D" will be processed concurrently with the first tentative map that creates dwelling units. If an offsite option is chosen, then a site development plan for the offsite project must have already been approved or be processed concurrently with the first tentative map that creates units. Under either option an Affordable Housing Agreement that guarantees compliance with the master plan's affordable housing obligation must be approved by the city prior to the approval of the first final map. B. PC - PLANNED COMMUNITY ZONE/ CHAPTER 21.38 Planning Issue Does the proposed Master Plan Amendment comply with all the requirements of the Planned Community Zone? MP 175(D)/GPA 91-05, JPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGES DISCUSSION The Poinsettia Shores Master Plan amendment has been prepared consistent with the Carlsbad Municipal Code, Title 21, Chapter 21.38, "PC Planned Community Zone". The master plan includes the following required elements: 1. Graphic plans of the proposed development including a map and legal description of the property, the location of various land uses, a map of the open space areas, specific development provisions and standards. As appropriate, the master plan references the Zone 9 LFMP documents to describe public facilities including the location of major circulation systems, the locations of facilities for water, sewer and drainage, and phasing of the various public improvements. 2. A text to accompany the graphics that includes a description of each type of land use, development regulations, a public facility plan, a phasing schedule, an open space plan, measures to mitigate adverse environmental impacts, and a community identification sign program. The following findings of fact must exist prior to recommending a master plan amendment for approval: a. "The master plan is consistent with the provisions of the General Plan and any applicable specific plans." The amendment would be consistent with the General Plan based on the discussion found in Section A of this report under "General Plan". provisions have beep provided to implement those portions of the capital improvements program applicable to the subject property." The master plan has language in the text stating that all future development shall comply with the public facility performance standards and phasing requirements of the Local Facilities Management Plan Zone 9 (LFMP) and the proposed LFMP Amendment (attached to Planning Commission Resolution No. 3555 and discussed in Section D of this report). Public facilities are required to be constructed as subsequent development in the master plan creates demand for additional facilities, therefore, a shortfall or negative impact to public facilities would not result. A financing plan for LFMP Zone 9 must be approved by the City Council prior to the recordation of the master plan's first final map and will provide the mechanisms for the financing of the required public facilities. MP 175(D)/GPA 91-05/uCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 9 c. The residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding areas, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having Jurisdiction thereof." The open space plan provides approximately 46 acres of open space within the master plan (28% of the master plan) which is categorized into open space for the protection of lagoon/biological habitat, steep slopes and other environmentally constrained areas; and open space for recreation and for visual aesthetics. The open space areas provide corridors for the migration of wildlife and buffers that separate sensitive habitat areas from development areas. In addition, trails would be provided for use by pedestrians within some of the open space areas. Poinsettia Park is a proposed park outside of the master plan and Zone 9 which has been designated to satisfy the park facilities requirement for Zone 9 as well as the southwest quadrant. This master plan has previously made park payments to fulfill the requirement to serve the recreational needs of the residents of the master plan in combination with the private recreational amenities provided internally. The City's school location plan does not identify a school site on the master plan site or within Zone 9. The Carlsbad Unified School District has indicated on projects requiring legislative approvals that school fees paid at the time of building permit issuance are not adequate to satisfy the demand for school facilities. The project applicant has met with representatives of the School District in an attempt to reach an agreement on the Master Plan's requirement as it pertains to school facilities. John Blair the Assistant Superintendent/Business Services, has stated that the district has no objections to the Master Plan moving forward as an agreement is close to being reached with the project applicant. A letter to this affect is forthcoming and was not available in time to include as pan of the staff report package. d. The proposed commercial and industrial uses will be appropriate in area, location and over^U design to the purpose intended. The design and development standards are such as to cnya^g ^n environment of sn<fainp^ desirability and stability. Such development will meet perfonpance standards established by this title." Planning Areas "G" and "H" have been designated as future travel services- commercial sites retaining the allowed uses from the BLEP plan (hotel/conference and hotel suites/timeshare units). These planning areas total approximately 12 acres and are appropriate in area and location for the uses proposed. In addition, these uses, and specific development project designs, will require the review and approval of a Site Development Plan and must comply with all applicable City MP 175(D)/GPA91-05/. ,PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 10 ordinances and policies including the development standards of the Commercial- Tourist (CT) Zone. Other commercial needs of the master plan can be easily served by existing commercial development in the southwest quadrant. No industrial uses are proposed. e. "In the case of institutional, recreational, and other similar nonresidenrial uses, such development will be proposed, and surrounding areas are protected from any adverse effects from the development." The Poinsettia Shores Master Plan proposes a community recreation center planning area and a recreational vehicle storage planning area. These areas will be buffered from residential areas by the Avenida Encinas roadway, slope embankments and/or landscaped areas. These areas are adequate in size and location to function properly and be accessed easily. The only remaining non-residential land use designation in the master plan is the unplanned reserve area (planning area "F") as discussed in Section A of this report. Areas surrounding the master plan area will not be adversely impacted by the master plan uses. Roadways (1-5 and Carlsbad Boulevard) and open space (Batiquitos Lagoon) surround the site except for the mobile home park north of the site. A landscaped 80 foot structural setback will buffer the site's northern area. f. "The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon," Traffic studies have been completed for the Zone 9 Local Facilities Management Plan Amendment and the Mitigated Negative Declaration. Proposed street systems are adequate to serve the proposed master plan. Overall traffic generation will be significantly reduced (26,500 ADT vs. 12,300 ADT) by the replacement of BLEP's educational and related uses with residential units. Compliance with the mitigation conditions required by these studies and plans would ensure that all circulation infrastructure is in place to serve the traffic demands generated by buildout of the master plan. g. "Anv nmnrvemt rnfmrunrial H*»v«»lr»nmpnr ran he iiisrified wnnnmicallv at the location ie types needed at sue location proposed." The areas of potential commercial development within the master plan will require full discretionary review and approval upon submittal of specific development proposals. Should commercial development be approved at these locations there would be sufficient access to major roadways (Avenida Encinas and Carlsbad Boulevard) to serve the area. The unplanned reserve (area "F") would require a major master plan amendment for any type of development. In addition, in conformance with the requirements of Chapter 21.38, an economic impact report of the master plan's land uses has been submitted to the City and is available for review at the Planning Department. This report analyzes the impacts which the MP 175(D)/GPA 91-05/^PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 11 future development of the master plan may have on the General Fund operating budget of the-Ciry. h. The area surrounding the development is or can be planned and zoned in coordination and substantial compgrihility with the development." The master plan's development will be buffered from the Batiquitos Lagoon to the south through blufftop setback areas. The northern perimeter of the master plan on the east side will maintain an 80 foot structural setback to include landscaping to buffer from the existing mobile home park. The east and west perimeters of the master plan area are bounded by major roadways (1-5 freeway and Carlsbad Boulevard) which reduce the need and ability to be compatible with adjacent uses except for setback provisions and noise impact considerations. i. "Appropriate measures are proposed to mitigate adverse environmental impact as noted in the adopted environmental impact report for the project." The master plan amendment will create less environmental impacts than the land uses associated with the BLEP plan as reviewed by the site's certified environmental impact report (EIR 84-3). The remaining master plan level environmental impacts requiring mitigation are assessed in this project's environmental review and Mitigated Negative Declaration. The master plan amendment is designed to implement the Mitigation Program so that no significant environmental impacts will be created by the development of Poinsettia Shores. C. CARLSBAD LOCAL COASTAL PROGRAM/WEST BATIOUITOS SEGMENT Planning Issue Does the Poinsettia Shores proposal comply with all the requirements and objectives of the West Batiquitos Lagoon segment of Carlsbad's Local Coastal Program (LCP)? DISCUSSION The master plan site is located within the above referenced LCP within the City's coastal zone. The LCP contains policies and guidelines related to slope development/native vegetation, grading and erosion control provisions. To ensure compliance with the LCP, a Coastal Development Permit must be obtained prior to the recordation of each final map. The proposed LCP amendment will bring the coastal designations into conformance with the City's designations associated with the Poinsettia Shores Master Plan. The master plan does have some agricultural mitigation fees to be paid as explained in the master plan text and the amended LCP text as attached to Planning Commission Resolution No. 3553. MP 175(D)/GPA 91-05/LCPA 91-02/LFMP 87-09(A) POtNSETTIA SHOEIES MASTER PLAN OCTOBER 20, 1993 PAGE 12 D. GROWTH MANAGEMENT - ZONE 9 The Poinsettia Shores Master Plan is located within Local Facilities Management Zone 9 which originally had its Local Facilities Management Plan (LFMP) approved by the City in July 1989. The existing LFMP addresses the public facilities and services needed to serve the buildout of the master plan consistent with the City's Growth Management Ordinance. This document reflects the BLEP educational and related land uses which would have created more facilities impacts than the residential master plan proposed. The primary difference between BLEP and Poinsettia Shores is the reduced traffic generation (due to the land use changes) and a change in the alignment of Avenida Encinas. Therefore, the proposed LFMP Amendment (attached to Planning Commission Resolution No. 3555) includes a new circulation section. A Zone 9 financing plan will be required prior to the master plan's first final map approval. Collectively, these documents (existing LFMP, LFMP Amendment and financing plan) will outline the compliance of Poinsettia Shores with the City's Growth Management Program. A brief summary of the Zone 9 public facilities and services on a master plan level is provided below: City Administration/Library These facilities are financially guaranteed by a combination of Community Facilities District (CFD) No. 1 and Public Facilities Fees (PFF). Through the master plan property's current participation in CFD #1 and corresponding payment of special taxes and PFF, the master plan will fully satisfy its obligation for these two public facilities. Waste Water Treatment Since the completion of the Phase IV expansion of the Encinas Wastewater Authority's treatment facility, adequate wastewater treatment capacity will be available to serve the master plan through buildout. The master plan's obligation is satisfied by payment of applicable sewer connection fees. Parks The master plan has previously contributed $1 million in park land acquisition funding under BLEP. This funding in combination with PFF satisfies the Zone 9 LFMP parks requirement. Poinsettia Park (formerly known as Alta Mira Park) is being planned by the City to serve the southwest quadrant's park needs. The park's site and financing are secured and the City is currently obtaining necessary park development permits. MP 175(D)/GPA 91-05/L.wPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 13 Drainage All drainage facilities required to serve the master plan are outlined in the existing LFMP. In addition, the City is preparing a Draft Master Drainage and Storm Water Quality Management (MDSWQM) Plan. Poinsettia Shores will comply with any requirements or conditions resulting from the adoption of the MDSWQM Plan. Circulation The LFMP Amendment reflects the new alignment of Avenida Encinas through the master plan site and the replacement of BLEP's educational and related land uses with the proposed residential uses. The master plan's roadway construction and improvement requirements are outlined in the LFMP Amendment. Fire Fire Station No. 4 satisfies this facility requirement. All units within the master plan will be within the required five minute response time. Open Space In accordance with the Citywide Facilities Improvement Plan (CFIP), Zone 9 is identified as already in compliance with the adopted open space standard. Of the master plan's 162.8 total acres approximately 34.8 acres of the master plan area is associated with Batiquitos Lagoon and wetland areas which have already been dedicated to the State of California by the master plan. Schools The City's school location plan does not identify a school site within the master plan or Zone 9. The Carlsbad Unified School District has indicated on projects requiring legislative approvals that school fees paid at the time of building permit issuance are not adequate to satisfy the demand for school facilities. The project applicant has met with representatives of the School District in an attempt to reach an agreement on the Master Plan's requirement as it pertains to school facilities. John Blair the Assistant Superintendent/Business Services, has stated that the district has no objections to the Master Plan moving forward as an agreement is close to being reached with the project applicant. A letter to this affect is forthcoming and was not available in time to include as part of the staff report package. MP 175(D)/GPA 91-05/LCPA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 14 Sewer Collection System Necessary sewer infrastructure required to serve the master plan will be constructed concurrent with need as determined by the City Engineer in accordance with the existing Zone 9 LFMP. Water Distribution System Water distribution facilities required to adequately serve the master plan will be provided concurrent with need in accordance with the existing Zone 9 LFMP and the City's Master Water Plan. Approval of a Mitigated Negative Declaration is being requested with the proposed master plan amendment. The Mitigated Negative Declaration addresses the potential environmental impacts associated with the future buildout of the Poinsettia Shores Master Plan. Environmental impacts that are considered to be significant but mitigated to less than significant through conditions of approval and implementation of mitigation measures include: archeological, paleontological and visual/aesthetic resources, and noise impacts. Attached to Planning Commission Resolution No. 3551, with Exhibit "PII", is the project's Mitigation Program. This document will guide the processing of individual planning areas with regards to mitigating environmental impacts created by the planning area's development. The Mitigation Program outlines any environmental impacts pertinent to a planning area. It also specifies the required mitigation measures, timelines for conformance/completion, and the responsible parties. The master plan text is written and designed to implement the required mitigation measures. The basis for establishing the master plan's mitigation program included: the certified environmental review and remaining mitigation measures covered by EIR 84-3 associated with the BLEP project; updated traffic and noise studies reflecting the proposed land use changes; and standard environmental review and noticing procedures required by CEQA. Overall, the environmental impacts created by Poinsettia Shores will be significantly less than the impacts that would have been created by BLEP. The proposed residential land uses and reduced traffic generation (approximately 26,500 Average Daily Trips (ADT) from BLEP vs. 12,300 ADT from Poinsettia Shores) reduce the overall development intensity of the site. The master plan's mitigation measures involve the following: onsite archeological and paleontological monitoring during grading operations by qualified professionals, the establishment of development standards/design criteria specifically designed to reduce visual impacts from the development of the lagoon blufftop planning areas (Areas "A-4" and "H"), and compliance with City noise standards by future residential development. MP 175(D)/GPA 91-05/Lv.PA 91-02/LFMP 87-09(A) POINSETTIA SHORES MASTER PLAN OCTOBER 20, 1993 PAGE 15 . The Mitigated Negative Declaration underwent the standard State Clearinghouse review for environmental impact documents located in the coastal zone and six responses/letters were submitted during the public review and comment period. Comments were made by the following individuals/entities: Mr. Taschner, CALTRANS, Batiquitos Lagoon Foundation, Mrs. Welty, consultants for the Carlsbad School District and the Department of Fish and Game. The letters and corresponding responses to the comments made are attached to this report. IV. SUMMARY AND RECOMMENDATION The proposed project: (1) is consistent with the General Plan; (2) meets the requirements of Title 21 and all required findings can be made; (3) is consistent with the City's Local Coastal Program - West Batiquitos segment; (4) is in conformance with Growth Management; and (5) is in compliance with the mitigation requirements of EIR 84-3 and the Poinsettia Shores Mitigated Negative Declaration, and will not significantly impact the environment, therefore, staff recommends approval of the Mitigated Negative Declaration and GPA 91-05/MP 175(D)/LCPA 91-02 and LFMP 87-09(A). ATTACHMENTS 1. Planning Commission Resolution No. 3551 (Mitigation Program attached) 2. Planning Commission Resolution No. 3552 3. Planning Commission Resolution No. 3553 4. Planning Commission Resolution No. 3554 (Amended LCP text attached) 5. Planning Commission Resolution No. 3555 (Zone 9 LFMP Amendment attached) 6. Location Map 7. Exhibits "A" - "E" (excerpted from the master plan text) 8. Background Data Sheet 9. Disclosure Form 10. Letters from Mr. Taschner/City's response letter 11. Letter from Mr. Dillon-CALTRANS/City's response letter 12. Letter from the Batiquitos Lagoon Foundation/City's response letter 13. Letter from Mrs. Dolores Welly/City's response letter 14. Letter from Mr. Dennis Cunningham (to School District)/CiryJs response letter 15. Letter from Mr. Fred Worthley - Department of Fish and Game/City's response letter 16. Poinsettia Shores Master Plan, dated October 20, 1993 (Previously distributed). EM:km:lh September 20, 1993 TEMPORARY PONTO DRIVE mx go H PUBLIC STREETS n i MIA<mPIR AVJ I I I •*^t riANNlN£ \ >fc^ IN^ffL^"* ..**\*^^ !l LI V: t AN I K RM OS OS OS V N\ Nix. \Vs \\.* M 1 VK \\^ ^^\\^^Tt i I* iiIS i4£M)ON II** I""?". \\ A 1 A2 A 1 A 4 B 1 B2 C O E F C H 1 RM RM RM RM RM RM RM RM RM NRR ISA: TS/C OS 98 IJS 102 147 209 29 II 2 4.4 09 II J 84 J II •* 1)8 183 46 2.3 mx PLANMNG ABBAS POINSETT1A SHORES MASTER PLAN rnrnr roRpoRATION NEICHGBORHOOD COMMERCIAL TRAVEL SERVICE/COMMERCIAL 1 RESIDENTIAL MEDIUM DENSITY I OS I OPEN SPACE mx PROPOSED GENERAL PLAN POINSETTIA SHORES MASTER PLAN I 1 3 Publk St^lfi J Pieviutikly I talit alrd < I S (MM lode* aieji I.K.I) J4 • AC It AC. 7 2 AC (mclutin Net AMU. M) PublM or Piivate C )|jr« S|Mte 0 7 AC. I.5AC. AfPION. IOIA1 ACUS 44.0 AC May include • portion of Cily Tiail. Public or private (pace to be dcicimmcd upon approval ol dcvclopMcni piopotal. m Xi OPEN SPACE PLAN POINSETT1A SHORES MASTER PLAN f i i OPTIONAL UNDERPASS Kmi! OHtffi*\ E^ ] IAGOON OVERVIEW SEAf ING NODE Q J INfORMAl SIGNAGE ] STAGING/PARKING AREA PUilK IRAIL ( IIY WUU(IIYWIIM IKAH - iHHtimm* <IIV WIN IHAI PURUC SIDEWAEK <"ViVi ^ •ICVC1E LANEj ] PRIVAfE PEDESTRIAN I RAH Note: Public If ail may be cunnccled lo UHil kykicin, 01 wcilein edge ul Mallei PUn iilong C'«fUbad Blvd ) MASTER TRAILS CONCEPT POINSETTIA SHORES MASTER PLAN v AI7A POINSFTTIA CORPORATION m D H — BACKGROUND DATA SHEET CASE NO: MP 175fm\GPA 91-Q5XLCPA 91-Q2\LFMP ft CASE NAME: Poinsettia Shores Master Plan APPLICANT: Kaiza Poinsettia Corporation REQUEST AND LOCATION: Replace the educational and related uses nf BLEP wirh residential uses on existing master plan property. LEGAL DESCRIPTION: North of the Bariquitos Lagoon, west of the [-5 freeway. All of Lots 1. 2. 3. and 4 of parcel map #13653 as filed in the Office of the County Recorder of San Diego Counrv. January 31. 1985. with portion of the west half of Section 33. Township 12 south. Range 4 west, in the Cirv of Carlsbad. San Diego County. APN: 216-420-79. 216-140-17-19/2527/29-33 Acres _13J) Proposed No. of Lots/Units 451 plus 25% density bonus GENERAL PLAN AND ZONING Land Use Designation P/RM/RMH/RC/NC/OS TO RM/NRR/TS/OS Density Allowed 451 dus Density Proposed 451 dus + density bonus affordable housing Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site PC 75 lot single family subdivision/vacant North RMHP Lakeshore Gardens Mobile Home Park South OS Bariquitos Lagoon East TC 1-5 freeway West Prime Arterial Carlsbad Boulevard PUBUC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 451 plus 25% density bonus Public Facilities Fee Agreement, dated April 10. 1991 ENVIRONMENTAL IMPACT ASSESSMENT _X Mitigated Negative Declaration, issued August 12. 1993 Certified Environmental Impact Report, dated Other, • ENM:km City of DISCLOSURE STATEMENT AJSSI..CJINTS S'i'sMeV Zf :,SC'.CSw«€ Of CERTAIN OWN6PSHI0 'VTEPESTS ON ALL APWjCATCNS WHICH wiu. *€ ACTCN cs *-£ 3**r zf TVig C.TV COUNCIL OR ANY APPOWTID acAflO. COMMISSION CB ccMMr—=5. ease •5 'slewing information must 5e disclosed: Aoplicant List the names and addresses of all persons having a financial interest in the application. Kaiza Poinsettia Corporation Sea Bluff Associates, 7220 Avenida Encinas a California general partnership suite 200 Three Upper Newport Plaza Drive Carlsbad, (JA yjUUy " Newport Beacn, CS92660-2630 2. Owner List the names and addresses of all persons having any ownership interest in the property .nvc-.ec Kaiza Poinsettia Corporation Sea Bluff Associates, 7220 Avenida Encinas""~ a California general partnership suite 3. if any person identified pursuant to (1) or (2) abov« is a corporation or partnership, list the names sr addresses of all individuals owning more tnan 10% of the snares in tne corporation or owning any panrersr mterest in the partnership. Saiga California. Inc. 7220 Avenida *n«-irmn SEE ATTACHED LISTING Suite 200 if any person identified pursuant to (1) or (2) above is a non-pro« organization or a trust, list the names ar: addresses of any person serving as officer or director of tne non-profit organization or as trustee or cenefccar of the trust. FRM00013 8/90 2O75 Las Paimas Qriv« • Cartsoad. California 92OO9-*8S9 • (619) Disclosure Statement Page 2 Have you -ad rcre :nan S250 worth of business transacted with any memoer of City staff =- Comrrissior.s. Ccmrr.i-aes ana Council within the past twelve months? Yes NO X lf yes> ?!•«• indicate oersonts) ••: '»ny '"aiviau«l. firm eao»«n««nio. ,oi«v««u/«. '«e«iv«r tynoieai*. tftit «na try aw* sag«y. eiiy ma somemtuon «eting M • unit* :sr3or«t:or or atr«r pe<me«i (NOTE. Anacn additional pages as necessary.) KAIZA POINSETTIA OORPORATICN Owner/date < Pnnt or rype name of owner (^Signature of appncanvoaie / Pnnt or type name of applicant Sea Bluff Associates, a California general partnership By ITS GENERAL PARTOOS: B-L 130, Ltd., a California limited partnership ftertill L. jaataStrick/ General Partner Hackett ttanaqement Corporation, a Californiarcorporation FRM00013 8/90 ATTACHMENT ~Q DISC LK£ STATEMENT Bluff a California general partnership GENERAL PARTNERS: B-L 130, Ltd., a California limited partnership Merrill L. Kirkpatrick, Sole General Partner Hactett Car a California corporation Terry C. Hackett, President ition, LOOTED PARTNERS OF B-L 130, LTD. Merrill L. Kirkpatrick Walter E. MsKinley William Stroooo Terry C. Hackett Larry Tucker Darius Irani Tahamtan Aresh Joost Van Adelsberg Carlsbad 130, Ltd. a California limited partnership Partners of Casa Laguna Corporation, a New York Corporation its General Partner Tony Mathias Deeths H. Jeoffrey Deeths Enrique Luhan Conanche Associates, a California partnership Merivan Corporation, its general partner Joyce Peterson, President <*Lc€t€& ATTORNEY AT LAW 1533SOUTH HILL ST..SUITED September 1, 1993 RECCttoBQ722-4470 OCEANSIDE. CA 92054 . WsT (fl 9) 722-2336 Planning Department City of Carlsbad ceo n « ^QQ-S 2075 Las Palmas Drive *"•' u " I~J Carlsbad, CA 92009 CITY OF CARLS3AD RE: MP 175(D)/GPA 91-05/LFMP 87-09( A) /LCPA 91-02'' " """ " "" Dear Sir: I represent Dale Schreiber, owner of land at 7290 Ponto Drive, Carlsbad, CA. I respectfully request that the Mitigated Negative Declaration for the above referenced project be required to address and mitigate the Drainage Proposal contained in LFMP 87-09. The need for a 7700 c.y desiltation basin, as proposed in LFMP-9 does not need to be constructed as there already exists a natural drainage basin of sufficient size to accommodate the Ponto Basin Drainage Field. The LFMP for Zone 22 recommends using the natural drainage basin easterly of the RR Tracks and the hydrological study is .on file at the City of Carlsbad. Dale Schreiber has had a drainage pipe alignment reviewed using the natural drainage basin at its terminus. The cost of the drainage system alternative is $873,230 as compared to a cost of $981,242 using the proposal for LFMP-09. Using the natural drainage basin east of the RR Tracks avoids the potential environmental impacts which will be caused by the construction of a 7700 c.y. desiltation basin westerly of the RR Tracks. The Army Corps of Engineers in their Final EIR for the Batiquitos Lagoon Enhancement Plan (BLEP) reviewed the area westerly of the RR Tracks at the northern area of the Lagoon. The adoption by the Corps and the City of Carlsbad of the BLEP identify this Northwest Area for three different uses: 1. LEAST TERN NESTING SITE; 2. PROTECTION OF COASTAL SALT MARSH, COASTAL SAGE BRUSH, and BRACKISH MARSH. 3. USE AS THE NORTHWEST STAGING SITE AND FUEL STORAGE AND A DREDGE LAUNCHING RAMP. (Copies of areas attached). Not addressed in the BLEP is the issue of sedimentation from a new desiltation basin. Any new desiltation issues were left to the local jurisdiction for review under local planning. The use of the existing natural drainage basin for all drainage eliminates the need to infringe upon the environment adjacent to the Batiquitos Lagoon westerly of the RR Tracks and avoids the impacts upon mitigation projects already set forth and approved by the City of Carlsbad and the Army Corps of Engineers under the 404 permit for the BLEP. Respectfully Submitted, S-. LOUIS TASCHNER ATTORNEY AT LAW 1533 SOUTH HILL ST.. SUITED September 13, 1993 OF-OCEANSIDE. CA 92054 ° Carlsbad Planning Commission City of Carlsbad Carlsbad, CA 92008 RE: Drainage northerly of Batiquitos Lagoon west of 1-5 Dear Commissioners, The contemplated approval of the Poinsettia Shores Master Plan by MP175(D)/GPA 91-05/LFMP 87-09/(A)/LCPA 91-02 does not consider the environmental impact of a proposed 7700 c.y desiltation basin westerly of the AT&SF Railroad, at Batiquitos Lagoon. Since 1985, my client, Dale Schreiber, and his upland neighbor, Gene Chappee, have had their lands flooded because 25 acres of drainage water was diverted to the west of the AT&SF during the construction of Poinsettia Avenue. The only solution to relieve the flooding is the construction of a master drainage system to Batiquitos Lagoon. Dale Schreiber, has been working diligently since 1991 to have your staff evaluate an alternative to the proposal contained in LFMP-09 of building a nev desiltation basin westerly of the AT&SF Railroad at Batiquitos. The use of an existing desiltation basin easterly of AT&SF would have less impact on the environment and would be less costly to build. Use of the existing basin would require an alignment requiring the major drainage pipes to traverse a portion of the land easterly of the AT&SF upon which the Poinsettia Master Plan is proposing to place residential housing. A resolution of which desiltation basin to use is required at this time because of the impact on the pipe alignment and very significant environmental issues for a new desiltation basin westerly of AT&SF. The reason for this request is the real possibility that the nev desiltation basin west of AT&SF will not be feasible. The north western basin of th« Lagoon has been identified under a 404 permit from the Army Corps of Engineers as being used as a Least Tern nesting site, as containing coastal salt marsh, coastal sage scrub and bracicish marsh, and for being used for a dredge launching ramp for future maintenance of the Lagoon. Another reason for this request is that the cost for the pipe alignment may be prohibitive in that the alignment using a desiltation basin west of AT&SF vill require: 1. relocation of a 16" high pressure gas line; 2. relocation of major telephone trunK lines that exist in the area; 3. an undercrossing of the AT&SF with 60" and 72" pipes to divert the vater to the west; 4. extensive grading at the intersection of Ponto Drive and Carlsbad Boulevard to accommodate the large pipes; and 5. changing the configuration of land and' the Ponto Drive on-off ramps at Carlsbad Boulevard. Included hereafter is a pictorial representation and discussion of: 1. Client and issue identification and alternative desiltation basin alternative; 2. Identification of drainage field and desiltation basin location; 3. History of drainage patterns; 4. Diversion of drainage in 1985 which causes flooding and master drainage only solution because of Coastal Act; 5. LFMP-22 identification and drainage recommendation; 6. LFMP-09 identification and drainage recommendation; 7. Conflict issues in north western basin of Batiquitos Lagoon as identified by Army Corps of Engineers SIR; 8. Cost of pipe and desiltation basin under LFMP-09 and Schreiber alternate proposal; and 9. Identification of two pipe/basin alternatives and suggestion for mitigation. Please condition the Poinsettia Shores Master Plan to get approval for a desiltation basin prior to any permit for development. The alignment for the drainage pipes thereafter might also need to be subject to mitigation as they are affected by the location of the desiltation basin. r Resectfully Submitted, LOUIS TASCHNER I represent Ponto Storage Inc. (land ownership outlined in orange) and Dale Schreiber (land ownership outlined in yellow). Dale Schreiber is the president of Ponto Storage. The Poinsettia Shores Master Plan ie. MP175(D)/G?A 91-05/LFM? 37-0_9( A)/LCPA 91-02 should be required to address and Mitigate the Drainage Proposal contained in Local Facilities Management Plan 87-09 (LFMP 87-09). LFMP-09 requires the construction of a new 7700 c.y. desiltation basin (Outlined in Orange) somewhere west of the ATiSF "ailroad Trac'<s (ATS.SF) at Batiquitos Lagoon. The use of an existing desiltation basin (Outlined in T-raen) easterly of the AT&SF has been reviewed as a viable alternative using a new drainage pipe alignment. (Delineated in Green).. An Engineering Firm retained by Dale Schreiber Stated: "The alternate alignment proposes the use of an existing basin located near the intersection of windrose Circle and Mavigator Circle. This site is a well defined ravine. The basin is suitable for expansion to accommodate the additional discharge with a minimum impact to the lagoon wetlands . " 1 >r - 'VrH "** Vihe Ponto Drainage Field (outlined in crania! consists approximately 250 acres. The Easterly portion ;ld (Outlined in yellow) drains u.o »• .on bas in (.Out 1 ined in Green). The ccnds -or drains to the ocean thro-jn of the the ex i st i ng remaining area h QV:, i_o3 across Storage Inc. and a pipe through the bluff A majcr iesiltation basin at Batiquitos Lagoon ce -provided for the westerly portion of the draina; needs to .nage field the Coastal Act precludes using the Ocean for dumping r from major drainage pipes and a desilting basin is ired when using the Batiquitos Lagoon for the terminus rder to protect the ecosystem of the Lagoon. The adopted plan for Zone 9 and 22 of the Local Facilities Management Plan (LFMP) of the City of Carlsbad contains a recommendation that a desiltation basin be built next to Carlsbad Blvd at the edge of Batiquitos Lagoon. A conflict exists because the area westerly of ATS.SF at the Lagoon has been used to mitigate the environmental issues raised in the EIR for the Batiquitos Lagoon Enhancement Plan by the Army Corps of Engineers. *c ;v_- R In ral 1972, when Ponto Storage was built, there was a drainage field west of A7SSF. Additional drainage acreage of the southwest portion of th<? !,a'-:'e Shores ler ?ar'< (Mobile Home ?ar'<) had fceon added to the -.age field on a reverse flow through a 24" pipe under ATSSF. (Drainage field outlined in Yellow). This -.age field was- served by a natural drainage swales which Lr.ated at a pipe that went through the bluff to the -. . (Delineated in Orange). Drainage from the land southerly of the southwest Lor. of the Mobile Hone Park ponded or drained southerly al r.g the eastern side of the ATS.SF. The Mortherly portion of the lar.d northerly -nd easterly of this Mobile Home ParVc and all portion of the Mobile Home ?arl< drained to the north. (Delineated in Green). The southeastern portion of the mobile home par>< and the land southerly thereof drained into a 60" pipe (Delineated in Green) where the pipe terminated into a natural drainage basin at Batiquitos Lagoon. n 9 = • .es' ~ - e v: o u rr.a sl an a 985, construction cluded a tempora City of Carlsbad ern edge of the AT and terminated jus e (Delineated in tely 25 acres, y hid drained to overburdening of drainage problem of Poinsettia A v « across the ry drainage plan. Pursuant to the had constructed a 2A" pipe along &SF. The pire vent under"AT&SF to t east of the Schreiber land. Orange) carried drainage from (Outlined in Yellow) which the north. The additional acreage the drainage swales and there which causes flooding during rain The construction of a storm drain system will alleviate the flooding problem. LFMP-22 sets forth alternatives. One alternative proposes draining the 25 acres with all lands northerly of Poinsettia to the north into Encinas Creek. The recomr.er.ded alternative proposes draining the complete area southerly to Batiquitas Lagoon. This recommended proposal is followed bv LFMP-09. 1FMP-22 is comprised of approximate!' undeveloped land. (Outlined in Yellow). The drainage patterns were analyzed and the consultant reccr.-Tiended that the majority of the drainage should -be to the south and thereafter be joined into the I.F"C-09 Lines delineated in Grange). 110 acres d r 3 i n a g' n A ccrmer.t from LFMP-22 is as follows: "A detailed hydrology analysis was performed for Zone 22. The highlights of the drainage analysis conclusions are 25 fOllOWS: The study utilized the Master Drainag0 r I * n , modified slightly, for the area as well as proposed pipe alignments. The slight modification from the current Master Flan includes taxing the storm water runoff all the way to Batiquitos Lagoon rather than through the bluff to the ocean. The outlet for this facility also requires a desilting basin. The desilting basin, however, has already been designed and is adequate in size (7738 cubic yards) to handle runoff from this area. The proposed drainage facilities alleviate the flooding problems north of Ponto Drive, by collecting the existing runoff from both 24-inch concrete pipes draining Poinsettia and the Lake Shores Trailer ParK." LFMP-09 is comprised of approxim ^.developed land. (Outlined in Yellow). 7-tere already exists drainage iister.y portion of LFMP-09, (Delineated :.-•:: = -. iig desiltation basin. (Outlined in 7ie "Veste'rlv major drainage pice was raverse from the Zone 22 drainage pipe"to a ;e=iltatic.. basin. (Lines and Basin outlined cices in C-:K reer. ), to the Green ) . recommended to new 7700 c.y. in orange). by an7he drainage proposal was not evaluated er.v.ror.rr.ental review because LFMP-09 states: "Approval of this LFM? does not constitute prior er.vironrr.ental review for projects within Zone 9. All future projects within Zone 9 shall undergo environmental review per Title 19 of the Carlsbad Municipal Code. Any mitigation -easures determined during a project's environmental review shall be complied with in their entirety unless findings of overriding consideration are made by the City Council." The area in which the desiltation basin as identified LFMP-09 would be located was the subject of a review -ant to the National Environmental Policy Act because of 4 cer~i.t from the Army Corps of Engineers for the zuitcs Lagoon Enhancement Project. 2. 23 we .13 - Sa-i-. The >s t i r.g The looted Coast • °d. The as t r.hancement Project identified the •.-estern basin uitos Lagoon as being used for the following: area is identified for a -1-acre California Least site, area is identified under the implementation of mitigated alternative as including Coastal Salt al Sage Scrub, and Brackish Marsh which will be area is identified for a dredge launching ramp he Northwest Staging Site and Fuel Storage area. In 1992, Dale Schreiber, recognizing --he cotar. tia' zor.flicts between the LFMP-09 Desiltati^n P ^ ^ ri -T-< •! ~ the io~- -er~it Environmental Review, had an alternate 11 ianrnent of -he rirair.age pipe from Zone 22 to the exist in:r ~esi 11ation c :• = :.-. evaluated, for cost. (Alternative outlined in Green). The cost for the alternative pipeline to the eastern liesiltati-r. basin was determined to be $873,230.00. This cost was compared to the LF>!?-09 alignment for the pipeline (Outlined in Orange) and the LFMP-09 aiir-nn-snt cost was computed to be $981,242.00. N'ot taKen into consideration for cost is the potential relocation of a 15" high pressure gas line, three crossings under the ATSSF, relocation of main telephone trunk lines, elevation problems for pipeline at Ponto Drive and Carlsbad Eoulavard intersection, and potential mitigation problems at the Batisquitos Lagoon. 8 ^^V '-^—3? ^v • vit t-l\\i- Y»*s~ . • -'*^fcjVA ^'l v - - \ ' - -^-^ "5>^* The potential impacts new ~i i w a t i on bas i r. V.'esterly of the Traces in the Eatiquito? la-joon r.-;»st?»rn Zasir. may not be a real possibility. Vse of the. existing desiltaticn basin east of AT5.SF ••'ill require the least damage to the environment. The pipeline can also be built at this time with a minimum of interference vith other improvements in the area. As a mitigation to the drainage plan, the Foinsettia Shores Master Plan should be required 'to do one of the following based on which desiltation basin is used; A. Using the Eastern Desiltation Basin: 1. Receive approval from all agencies for useof the existing desiltation basin for the Ponto Drainage Field; 2. Provide easements for pipe alignment to the basin across their land. 3. Using the Western Desiltation Basin: 1. Identify the location of the Desiltation Basin and provide the land. 2. Receive approval from all agencies for use and construction of the new Desiltation Basin; 3. Provide easements for pipe alignment to the basin across their land if necessary. City of CarlsbaH Planning Department September 29, 1993 Louis Taschner 1533 South Hill Street, Suite D Oceanside, CA 92054 RE: COMMENTS MADE TO THE POCNSETTIA SHORES MASTER PLAN - MP 175(D) Dear Mr. Taschner: This letter is in response to your letters dated September 1 and 13, 1993 regarding the above referenced project. Comments The primary contentions in your letter address the inadequacy of the existing drainage facilities as outlined in the Local Facilities Management Plan (LFMP) for Zone 9 and the need to consider a drainage alternative for the master plan's east side. In addition, the concern is raised over a potential conflict between a desiltation basin allowed for the northwest comer of open space planning area T and a least tern nesting site associated with the implementation of the Batiquitos Lagoon Enhancement Plan. Response The design of the desiltation basin has review on a conceptual level by the City during the review of the Enhancement Plan. The design specifics regarding the implementation of the Enhancement Plan including the tern nesting site have accounted for the location and function of this desiltation basin. The City's response to the adequacy of the existing Zone 9 drainage faculties provisions and a response to your proposed alternate drainage plan is contained in the attached Engineering department memo dated September 23, 1993. Your letters and this corresponding response letter will be part of this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161, ext. 4441, if you have any questions. Sincerely, r M' » ERIC MUNOZ > — .Associate Planner ENM:ta" 2O75 Las Palmaa Oriv« • Cartabad, California 92OO9-1576 • (619) 438-1161 27, 1993 TO: THE PLANNING DEPARTMENT FROM: THE ENGINEERING DEPARTMENT VIA ASSISTANT CITY ENGINEER PROJECT MP 175D, KAIZA POINSETTIA SHORES MASTER PLAN AMENDMENT SUBJECT REPORT ON ATTACHED COMMENTS FROM MR. LOUIS TASCHNER The developer of the Poinsettia Shores Master Plan is proposing construction of a storm drain line from the southwest corner of the Lakeshore Gardens Mobile Home Park across the AT&SF railroad tracks along the railroad right-of-way, through the Phase n area of the Master Plan and discharging into the Batiquitos Lagoon just east of Carlsbad Boulevard. The developer is also proposing to construct a sedimentation/ de-pollutant basin prior to discharge into Batiquitos Lagoon. This proposal is consistent with the Zone 9 LFMP, City Standards, the Master Drainage Plan and the proposed new Master Drainage and Storm Water Management Plan. The proposed storm drain and basin design were thoroughly advanced during processing of the previous master plan project. As proposed, the sedimentation/ de-pollutant basin site is outside the proposed Batiquitos Lagoon Enhancement Project area, has no coastal sage or wetlands and the site appears to be devoid of vegetation except for ice plant. The drainage system as proposed will alleviate ail current and future drainage problems associated with this drainage basin. Construction of this storm drain facility will be triggered by development of any portion of the Master Plan which contributes drainage to the basin. Mr. Taschner is proposing an alternate plan that would divert drainage to the east side of the AT&SF tracks through the easterly Master Plan area and into the existing sedimentation basin located just east of the Rosalena development. It is his contention that the alternate is less expensive than the proposed drainage plan above and would have less environmental impacts. The staff position on this proposal is as follows: 1. There has been no detailed cost estimate done on either design to support the position that the alternate is less expensive than what the developer is proposing. In any case the developer is responsible for the facility costs; therefore this issue has no significance. 2. It appears the alternate design would require excessive excavation depths to install the pipe. Such depths would exceed City Standards, make maintenance more difficult and expensive and increase the cost of installation. H:\UBftAftY\ENO\WTOATAVDA VBVTAJCHHHLMT 3. The existing sedimentation basin on the east side of the AT&SF tracks is not adequate in size to handle the additional drainage and the basin sits too high in elevation to accept the drainage diversion being proposed without extensive modifications. These modifications would include the addition of a second cascading basin below and to the east of the existing basin. A cascading basin design is not as efficient as one large basin or two separate basins and may not be able to function in an acceptable manner without a significant increase in size. Construction of the cascading basin will likely have greater environmental impacts over the westerly basin site being proposed. 4. At present the obligation to construct the new drainage system rests only on the north- west portion of the Master Plan site east of the AT&SF tracks. This is the only area that drains to the west and through the railroad tracks into the historical path through the Ponto Storage site. When this portion is developed, as a condition on the tentative map, the mitigation will be required as called for in the Zone 9 LFMP. It would seem unreasonable to require the whole east side development to bear the burden of an alternative drain, when most of the project site has no need of the drain. 5. We believe the historical drainage pattern to be different from that as contended by Mr. Taschner. We believe the area that historically contributed drainage to the west side of the tracks includes the areas north of Poinsettia Lane and that there has been no diversion of drainage. In any case, whether or not there has been a diversion of drainage is not relevant to the matter of the Master Plan, or the design of the proposed drainage system Therefore the Engineering Department sees no reason to oppose the developers proposal to conform with existing plans. H:\UBlAiriENC\WTOATA\DA VTJ\TAJSCHNn.MT State of California Memorandum -o: STATE CLEARINGHOUSE T. LOFTUS DEPARTMENT OF TRANSPORTATION District 11 Planning Business. Transportation and Housing Agency Date: September 9, 1993 File: 11-SD-5 P.M. 44.8/46.2 Subject: Review of Poinsettia Shores Master Plan MND-SCH 93081049 We have reviewed the Mitigated Negative Declaration for the proposed Poinsettia Shores Master Plan in the City of Carlsbad and have the following comments: • The noise studies and mitigations associated with the proposed development should meet federal requirements and should be based on 20 year traffic projections and the ultimate freeway configuration for I-5 (as outlined in the July 1990 Route Concept Report). Future I-5 projects will be based on federal requirements and additional noise mitigation should not be required for the proposed development when the freeway improvements are constructed. • Caltrans supports the concept of "fair share contributions" from developers for mitigations within the I-5 corridor. Our contact person for I-5 is Roger Cartin, Project Development North Engineer, (619) 688-6963. r Sincerely, BD/MO:ce BILL DILLON, Chief Planning Studies Branch City of Carlsbad Planning Department September 29, 1993 Roger Carlin CALTRANS 2829 Juan Street San Diego, CA 92110 MSD1 RE: COMMENTS MADE TO THE POINSETT1A SHORES MASTER PLAN • MP 175(D) Dear Mr. Carlin: This letter is in response to your letter dated September 9, 1993 regarding the above referenced project. Comments Your letter suggests that any noise mitigation required for the master plan from I-5 freeway noise should meet federal requirements and be based on 20 year traffic projections and the ultimate freeway configuration for I-5. In addition, it is stated that CALTRANS supports "fair share contributions" from developers for mitigations within the I-5 corridor. Response Planning area "C" is the developable portion of the master plan that is adjacent to the I-5 freeway and will require noise mitigation. In response to the CALTRANS comments made, the master plan text has been revised to require that the noise analysis necessary for planning area UC" be coordinated with CALTRANS to ensure compliance with long term objectives for this section of the 1-5 corridor. The developer of planning area "C* will be responsible for the financing and completion of any required noise mitigation measures. Your letter and this corresponding response letter will be part of this project's staff report The Planning Commission date is scheduled for October 20,1993. I can be reached at 438-1161 extension 4441 if you have any questions. ERIC MUNOZ Associate Planner c**»_i* 2O75 Las Palmaa Driv* • Carlsbad. California 92OO9-1576 • (619) 4.38-1161 BATIQUITOS LAGOON FOUNDATION 9/14/93 ;'.-.-,.!. Michael Holzmiller, Planning Director era < 7 City of Carlsbad 2075 Las Palmas Dr. >V;". . . . . • . •-~-^.> Carlsbad, CA 92009 ' Subject: Comments on the proposed master plan revisions for BLEP Dear Mr. Holzmiller, Thank you for providing information to the Foundation Board regarding the subject project. Eric Munoz presented an overview of the master plan amendment at our 9/13 meeting. We have also reviewed written information provided by Mr. Munoz, and have the following comments. 1. There should be a thorough comparison of the existing (BLEP) master plan and that which is proposed. The review should not be merely an acreage by land use type breakdown in chart form, but a true planning analysis of the differences — pros and cons of the proposed changes. 2. A more thorough review of the existing LCP provisions and how the proposed master plan meets them must be provided. The city approved the existing master plan, and used the document as implementing ordinances for the LCP. The existing master plan/LCP regulations are directly linked and must be reviewed in light of the proposed changes. ' 3. It appears that all planning areas on the south side of the extension of Avenida Encinas are gated, with private streets. This is a substantial change in accessibility in and around the project compared to the existing master plan - this should be addressed both from a policy and site design standpoint 4. Description of the overall project design is inadequate, and when combined with the provision of "Delayed Architectural Review", creates a completely unacceptable level of information about future development possibilities within the master plan. Creation of a master plan implies that short term and long term development scenarios for the property will be established through the document thereby creating a clear and predictable "road map" for future development The proposed master plan should be at least as thorough as the existing document This is not currently the case. The city has no obligation to approve a development plan substantially different and less detailed than the in-place document If it is the desire of the city to delete the master plan and revert to "straight zoning", then that course of action should be pursued. P.O. Box 3103 Carlsbad. CA 92008 BATIQUITOS LAGOON FOUNDATION Creating a master plan without the accepted City of Carlsbad level of master plan content is inappropriate. 5. The change from an "educational facility" centered plan to a primarily residential one (with private streets and gates) warrants justification from an environmental standpoint (CEQA), policy standpoint (General Plan) and site design standpoint. This is not a "casual" amendment to an existing document - it is significant at a variety of levels. There is also a fundamental question of plan purpose which goes undeclared. An educational facility, public or private, has characteristics which are much more open and accessible than standard residential developments - let alone gated communities with private streets. Some discussion and justification for a change from the existing master plan intent to the proposed configuration must be provided. It seems reasonable to envision a member of the public sitting under a tree reading a book in a campus atmosphere within the "idea" for the existing master plan. However, it is impossible to imagine that scene occurring in an environment of gated neighborhoods with private streets, save for a public strip of pavement (Averuda Encinas) and a narrow band of public trail. How does the planning department and City Council feel about this fundamental change in master plan intent? The property is large and dominant in relationship to the 1-5 corridor, Carlsbad State Beach, Carlsbad Blvd., and Batiquitos Lagoon. The existing master plan proposes a unique and relatively open development scheme for a unique and dominant piece of coastal property. Is the current request as good or better for the site and the community than the existing plan? r 6. The planning areas west of the railroad R.O.W. have virtually no master plan level of land use goals or development standards. The types of general uses anticipated (commercial and visitor serving) warrant, at a minimum, development policies and goals at a conceptual level Structural types, locations, ingress /egress, relationships to surrounding land uses and public access are broad standards which can be established now and should be suitable for application to a variety of future land use configurations. In particular, views from the lagoon, and Carlsbad Blvd. to the site should be considered and addressed in the master plan document, through tangible development standards. Again, how can a proposed master plan which contains less predictability than the existing document be considered preferable? 7. The Board is very concerned about the location, design and construction of the lagoon access trail. We believe that provision must be made to ensure the trail is well designed and completely constructed prior to occupancy of any new development As you know, this was a point of continuing controversy in the first development phase. The Board is interested in working with the city to P O. Box 3103 Carlsbad. CA 92008 BATIQUITOS LAGOON FOUNDATION ensure timely trail provision, and to avoid the circumstances which led previous problems in this regard. We would be happy to meet with you and discuss our comments further at your convenience. Again, thank you for the opportunity to comment Sinc Seth Schulberg President P.O. Box 3103 Carlsbad, CA 92008 Carlsbad September 30, 1993 Planning Department Seth Schulberg Batiquitos Lagoon Foundadon P.O. Box 3103 Carlsbad CA, 92008 RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PLAN - MP 175(D) Dear Mr. Schulberg: This letter is in response to your letter dated September 14, 1993 regarding the above referenced project. Comments 1. A more detailed comparison of the existing Batiquitos Lagoon Educational Park (BLEP) master plan and the proposed Poinsertia Shores master plan is desired including a pro/con analysis of the proposed land use changes. 2. A more thorough review of the existing Local Coastal Program (LCP) provisions is desired relative to compliance by the proposed master plan given the direct link that exists between the LCP and the master plan. 3. The issue of gated planning areas and the privatization of the master plan property is raised from both a policy and site design standpoint 4. a) Overall project design is inadequate and the provision for "Delayed Architectural Review" is unacceptable; insufficient information is given about future development possibilities within the master plan; b) the master plan is not a clear and predictable "road map" for future development and is not as detailed and thorough as the existing BLEP master plan document; c) if the City's desire is to delete the master plan and revert to "straight zoning", then that should be pursued; d) the master plan document lacks the standard Gty requirements for a master plan. 5. The merits of the proposed land use changes are challenged on the basis of extreme privatization. The existing BLEP plan incorporates more potential for public use of the site and land uses whereas the Poinsertia Shores project would create gated private planning areas. Is the proposed master plan amendment better for the "community* compared to the BLEP plan? 6. a) The planning areas west of the railroad right of way have no master plan level land use goals or development standards; b) structural types, ingress/egress and consideration of the Batiquitos Lagoon and Carlsbad Boulevard are not reflected through tangible development standards. 2O75 Las Palmas Driv« • Carlsbad. California 92OO9-1576 • (619)438-1161 Seth Schuflxrg _^ September 30, 1993 ^ Page 2 7. Provisions must be made to ensure that trail segments are constructed prior to the granting of occupancy for new development Responses 1. The type of pro/con analysis desired is not required by Section 21.38.060 (contents of a master plan) or 21.38.120 (master plan amendments). The master plan text does review the former BLEP master plan and associated General Plan designations relative to the Poinsettia Shores project and proposed General Plan designations. A brief summary is provided here: All non-residential BLEP uses on the east side (totalling approximately a million sHuare feet) will be eliminated. Residential planning areas are proposed for the east side using the remaining 451 dwelling units allowed from BLEP plus a 25% density bonus in accordance with affordable housing provisions. The west side will retain the travel service-commercial uses while the planning area north of Avenida Encinas will be designated a reserve in accordance with Section 21.38.070. The former BLEP grading concept and existing sewer infrastructure will not be required by Poinsettia Shores. Lowering of the existing sewer infrastructure (associated with elevated finished grade of approved with the BLEP project) will be done in conjunction with a less intensive grading concept. The south facing lagoon blufftop on the project's east side had an increase in the blufftop setback from 45 feet (BLEP) to 100 (Poinsettia Shores). The anticipated traffic generation, measured by Average Daily Trips (ADT), at buildout of the master plan will be reduced from approximately 26,500 ADT to 12,300 ADT. Overall, the proposed project will have less impacts to public facilities than the BLEP project and will result in a reduced intensity of development on the master plan property. The complete BLEP document is also available for review in the Planning Department for continued comparisons with the Poinsettia Shores project. 2. The master plan text includes a section on compliance with the West Batiquitos LCP. All existing provisions and guidelines of the LCP will remain in effect but will reflect the Poinsettia Shores land uses. The master plan requires each planning area to obtain a Coastal Development Permit pursuant to the West Batiquitos LCP prior to final map recordation. LCP A 91-02 is being processed concurrent with the master plan amendment. 3. Gated communities are allowed in Carlsbad if all applicable standards can be satisfied. Privatization of the residential planning areas in this master plan can be supported because adequate public lagoon bluff access is being provided, in addition to all required public improvements. In addition, gated entrances are allowed as an option in the master plan. Final approval of gated entrances will be incorporated into the planning area approval process. FuU discretionary review will take place at that time. Furthermore, as required of every planning area, a Coastal Development Permit pursuant to the West Batiquitos LCP must be obtained prior to final map recordation. The review and approval process at the planning area level wul assess the appropriateness of all proposed site designs. 4. a) The "Delayed Architectural Review* process was contained in a draft version of the master plan text made available to die Foundation. This process allowed tentative map/planned development permit approval with delayed architectural review and has been eliminated from the final master plan. The master plan does not establish architectural themes. Each planning area's architecture will be proposed concurrent with required specific permits and will undergo standard permit review and noticing processes including architectural review. Information regarding future development possibilities within the master plan is given within the Development Standards section of the master plan text. To the extent possible at the master plan level, this section outlines the following information for each planning area in the master plan: S«th Schulberg -~ •—•' September 30, 1993 Page 3 area description, key map, allowed land use type, amount of dwelling units allowed, site acreage, special development standards, design criteria, review/approval processes, environmental mitigation requirements and special conditions specific to the planning area. In addition, the project's roadway and circulation alignment, land uses, open space, public facilities and affordable housing compliance are covered in the master plan text. b) The BLEP master plan was a more specific vision of the area's development where specific amounts of non-residential and institutional square footages were involved and allowed. The proposed master plan amendment implements City Council action (MP 175(Q, 1989) regarding the subject property by "spreading" the remaining allowed BLEP density over the master plan's east side. Given the change in property ownership of the master plan area, the proposed amendment is the first step to development of the site. The next step will be specific planning area development proposals. The master plan attempts to guide the preparation, review and approval of these development proposals through the Development Standards section as discussed above in 4a. c) The City's desire is to maintain compliance with Section 21.38, Planned Community (PC) Zone of the Municipal Code given the property's PC zoning designation. The PC zone requires a master plan for large parcels in the city (100 acres minimum) and specifically outlines the required objectives and contents of a master plan. The proposed project complies with the PC zone. Major roadway improvements (the alignment of Avenida Entinas-a Circulation Element roadway in the Cry's General Plan), the establishment of residential planning areas on the east side, guiding the development of the property on the west side and establishing an open space program are involved with the proposed master plan amendment Zoning designations may be used to dictate a planning area's land use or development standards, however, the master plan ensures development and the construction of required public improvements in compliance with the PC zone. The existing PC zoning prevents "straight zoning". A zone change is not proposed by the applicant nor required by the City. d) The master plan contains the items required of a master plan as outlined in Section 21.38.060 of the Municipal Code. 5. The new master plan property owners, Kaiza Poinsettia, determined the allowed uses of the BLEP to be economically unfeasible and chose instead to develop the property consistent with MP 175(Q which outlined the development of the master plan if an educational use was to be eliminated from the property. The gated planning areas and privatization of the site can be supported because all required standards will be satisfied and public access blufftop areas wfll be provided as well as linkage with the Citywide Trails System throughout the master plan area. Granted a BLEP type of land use concept would be more "quasi-public" than the proposed project, however, the private property rights being pursued by the applicant are within the requirements and limitations of City ordinances and policies. A community benefit will be realized by the fulfillment of obligations required of the applicant in exchange for development approvals that are not being realized now by the vacant site. These include the construction of major roadway improvements, contributions as required for public facilities by the Zone 9 LFMP, increases to open space areas/buffers and a master plan that wfll allow less development intensity (in the form of reduced non- residential square footage and approximately half the traffic generation) than the BLEP master plan. Another community benefit wfll be realized by the construction of the lagoon perimeter trail that was required of the previous developer but never constructed in September 30, 1993 ^ ^ Page 4 _ conjunction with the existing Rosalina single family subdivision. This trail has received final design approval from the Gty and is ready to begin construction pending final Coastal Commission approval. The Coastal Commission had approved the trail plan but is now re- hearing the item since the approval was appealed by some of the existing Rosalina residents. This effort is being carried out by the Poinsettia Shores applicant in coordination with the City and this required/City approved trail will form a link in the Cry's trail system. 6. a) The intent of the master plan is to retain the travel service commercial uses allowed for the west side. At this time, the applicant wishes to proceed with residential development on the site. Since residential development can not be allowed on the west side at this time, the currently allowed uses are retained. Some development standards are included in the master plan, however, specific proposals will be reviewed at the planning area level The unplanned reserve area of the west side (area "F") constitutes approximately 1 1% of the master plan area. This is within the allowance of Section 21.38.070 which permits up to 40% of a master plan's area to be reserved for future planning efforts. Several discretionary permits will be required for this planning area including a major master plan amendment. b) The master plan establishes access points for the west side planning areas (and all planning areas), setback areas from Batiquitos Lagoon (which may be increased upon review of a specific development plan) and a minimum 40 foot structural setback from Carlsbad Boulevard. At the master plan level, structural types are limited to those that would conform to the development standards of Commercial Tourist (CT) zone. 7. Where a trail is required, the trail plan is required by the master plan to be incorporated into the planning area's overall design including landscape and grading plans. The master plan also specifies that new development adjacent to a required trail segment will be granted occupancy only after final completion of the subject trail Another provision of the master plan is that no grading, modification or alteration of the lagoon blufftop or slopes will be allowed. These master plan provisions will be established and implemented by the Poinsettia Shores. Your letter and this corresponding response letter will be part of this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161 extension 4441 if you have any questions. Sincerely, ERIC MUNOZ Associate Planner EKM:ka Ltrt 2076 Sheridan Road Leucadia, CA 92024 September 15,1993 RECEIVED SEP 1 7 1993 CITY OF CARLSBAD PLANMJNG DEPT. Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Kaisa/Poinsettia Shores Master Plan Attention: Eric Munoz Dear Mr. Munoz: Thank you very much for your presentation about the above project to the Batiquitos Lagoon Foundation on Monday, September 13, 1993. There are a few questions that I would like to ask, and 1 would like this letter and your answers to be part of the record. Thank you very much. 1) What other properties and/or building projects are expected to drain (now and in the future) into Batiquitos Lagoon through the Kaisa property? 2> At the worst case scenario, what will be the volume of water run-off, and what size of pipes, channels, siltation basins, etc., will be needed to handle that run-off? 3) What is the expected sedimentation? It is our understanding that if/when Carlsbad builds out as planned, all run-off west of 1-5 and south of the Encina sewage plant will be directed to Batiquitos Lagoon through the Kaisa property, and will require huge (SOinch) piping and trenching facilities. Sedimentation would be massive, requiring dredging of the middle basin every three years to retain capacity. We have natural impacted system. great concern about this drainage plan. We believe the values of the Batiquitos system will be adversely by the constant disruption of the natural Batiquitos We would hope that the City and the Resource Agencies would cooperate in assessing this problem and in working out a less disruptive and more biologically sound solution. 4) How many total dwelling units remain to be built on the property? From what you said, I figure the allowed number to total 500. Th-is would include the five lots still remaining on the bluffs. 5) Where will the public access trail along the bluff be located? 6) At the meeting, you stated that the existing sewer line along the railroad track would be lowered. How much lower will it be? 7) What are the park requirements according to the Carlsbad Growth Management Plan for this development, and how will those requirements be satisfied? Thank you for your attention to these questions and comments. Dolores Weity copies to resource agencies and interested parties City of Carlsbad Planning Department September 30, 1993 Dolores Welry 2076 Sheridan Road Leucadia, CA 92024 RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PLAN - MP 175(D) Dear Mrs. Welry: This letter is in response to your letter dated September IS, 1993 regarding the above referenced project. Comments 1. What other properties and/or development projects (present and future) drain into the Batiquitos Lagoon through the subject master plan property? 2. Given a worst case/peak episode scenario, what will be the expected volume of water run- off, pipe sizes required, etc.? 3. The natural Badquitos Lagoon drainage system will be adversely impacted by the direction of run-off from the southwest quadrant of the Cry at buildout through the Poinsettia Shores site into the lagoon. A less disruptive drainage solution should be considered. 4. How many total units remain to be built on the master plan property? 5. Where is the location of the blufftop public access trail? 6. What will be the extent of die modifications/lowering of die existing sewer infrastructure on die master plan's east side? 7. What are dus project's park requirements as oudined by die City's Growdi Management Program? 8. Is there a map showing die blufftop buffer/setback areas widiin die master plan? Responses 1. The Master Drainage Plan, bodi die existing and die forthcoming one, identifies properties north of Poinsettia Lane diat have historically drained through die master plan site and will continue to drain tilat way into Batiquitos Lagoon. This project is consistent with die Master Drainage Plan. 2O75 Las Palmas Drive • Carlsbad. California 92OO9-1576 • (619)438-1161 Dolores Welty September 30, 1993 Page 2 2. These quantities and values were looked at to a degree of feasibility when the Zone 9 LFMP was created. This master plan amendment is consistent with the Zone 9 LFMP. These are detailed design issues to be reviewed at the tentative map/planning area development stage with complete design completed by the final map stage. 3. A siltation/sedimentation basin was designed to an advanced stage with the previous master plan project. The overall sedimentation plan of the previous project and this proposed project are both consistent with the Zone 9 LFMP, Master Drainage Plan, the forthcoming Master Drainage Plan and Storm Water Management Plan and ail applicable City standards. It is true that 80 inch diameter pipes may be included in the final design. The installation of 80 inch or even larger diameter pipes are not seen as a problem by either the applicant or the City Engineer and engineering staff. Not all drainage originating south of Encinas Creek will flow through the master plan site. These areas have been fully addressed in the above referenced drainage plans. The City is also concerned about the natural integrity of all lagoons located within the City. As a result, the City's Master Drainage Plan has been in the process of being refined and finalized with mandated review and approval by applicable resource agencies. The three-year dredge schedule for the west and central basins of Batiquitos Lagoon is based on marine source sedimentation rates, not terrestrial rates. The desiltation structures will be designed to contain coarse terrestrial sediments. The fine terrestrial sediments will be naturally flushed from the lagoon in its planned restored and enhanced state. 4. The existing subdivision on the site (Rosalina) consists of 70 single family units and 5 vacant single family lots. The units remaining to be built on the site consist of 451 dwelling units (as allowed from the BLEP plan) plus a 25% density bonus in compliance with existing affordable housing provisions. This would yield an additional 113 units. Therefore, the maximum possible number of units left to be developed on the site would be 569 units (451 + 113 + 5 vacant lots). 5. The location of the blufftop access trail is shown on the master plan's Master Trails Exhibit, attached for your reference. 6. The existing sewer infrastructure associated with the former BLEP project will be lowered to a new grade that will be essentially similar to :he existing grade. Given the new alignment of Avenida Encinas and a grading concept iess intensive than the BLEP plan, the elevated existing sewer infrastructure will not be needed. In addition, the master plan specifies that no grading, modification or alteration of the lagoon bluff or slope areas will be allowed. 7. The master plan has previously contributed SI million in park land acquisition funding under BLEP. This funding in combination with Public Facilities Fees (PFF) satisfies the Zone 9 LFMP parks requirement. Poinsertia Park (formerly known as Alta Mira Park) is being planned by the Gty to serve the southwest quadrant's park needs consistent with the City's Growth Management Program. The park's site and financing are secured and the City is currently obtaining necessary park development permits. Dolores Welty September 30, 1993 Page 3 __ 8. The lagoon blufftop buffer/ setback areas are shown on the master plan's Open Space Plan, attached for your reference. Your letter and this corresponding response letter will be part of this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161, extension 4441 if you have any questions. Sincerely, ERJC MUNOZ ENM:km Associate Planner lu4 PLANNING SYSTEMS LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE^ * •"'« POLICY AND PROCESSING COMPUTER-AIDED SYSTEMS MEMO September 15, 1993 To: John Blair, Carlsbad Unified School District From: Dennis Cunningham, Planning Systems Re: Poinsettia Shores Master Plan Comments Bjfkground The Poinsettia Shores Master Plan was previously known as the Batiquitos Lagoon Educational Park (BLEP) Master Plan Area. BLEP was originally approved by City Council in 1985. There have been two minor amendments to the BLEP Master Plan since 1985. Currently, the new property owner (Kaiza Poinsettia Corp.) does not believe a private school concept to be viable and is requesting a Master Plan Amendment. Furthermore, the applicant is proposing an change in land use which requires a Local Facilities Management Plan Amendment (LFMP-A to Zone 9) a General Plan Amendment and a Local Coastal Program Amendment. Current • The Master Plan Amendment does not increase the overall dwelling unit count from the original Master Plan. However, there is potential for affordable housing and density bonus which would allow an additional 100 dwelling units and the applicant is requesting both. Because this is only a Master Plan Amendment, the document refers back to the adopted Zone 9 LFMP for public facility adequacy and financing. Since the LFMP adoption in the summer of 1989, there have been changes in the School Districts location plan, student yield, and facility adequacy. A revision to the school facility section in the adopted Zone 9 document is recommended. City staff indicated that because of the land use change from RMH to RM and a circulation change that the traffic ADTs would be different, therefore, additional information would be needed. I believe this should be the same premise for school facilities. The General Plan has changed showing the new School location plan and new schools have been built serving Zone 9. In addition, the wording is outdated in the zone plan; "The Carlsbad Unified School District htu indicated its ability to provide capacity to the ultimate buildout of Zone 9 through the use of re-locatables and trailers on current sites". The real concern with the application package submittal is that the Master Plan Amendment defaults to the adopted LFMP Zone 9 Public Facilities and the school section is no longer applicable. Since there is an LFMP Amendment application being processed, I believe it would be appropriate to address the school facility section at this point in the process. c Eric Munoz, City Of Carlsbad-Planning Department 2111 PALOMAR AIRPORT ROAD • SUITE 100 • CARLSBAD. CA92009 •(619)931-0780• FAX (619) 931-5744 DRAFTSeptember 30, 1993 Dennis Cunningham Planning Systems 2111 Palomar Airport Road Suite 100 Carlsbad, CA 92009 RE: COMMENTS MADE TO THE POINSETTIA SHORES MASTER PLAN - MP 175(0) Dear Mr. Cunningham: This letter is in response to your letter dated September 15, 1993 regarding the above referenced project. Comment The issue of the adequacy of the wording and provisions of the existing Zone 9 Local Facilities Management Plan (LFMP) with regards to school facilties was raised. Response Recognizing the re-evaluation of school facilities on a Citywide basis, the City notified in writing to the School District and the master plan applicant that a mutually supported solution was needed. As a result, an agreement has been reached whereby Jf I 5 Cc Your letter and this corresponding response letter will be part of this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161 extension 4441 if you have any questions. .inc-ly. ERIC MUNOZ Associate Planner M &*<<&**«& o ^ OPTIONAL UNDERPASS NJ LEGEND • UAIIQUIIOS LAGOON LAGOON OVERVIEW ] SEATING NODE | Q | INFORMAL SIGNAGE ] STAGING/PARKING AREA |.II.IM.| PUBLIC TRAIL CITY WIDE TRAIL - (PORTIONriiv wui IINKS «19PUBLIC SIDEWALK «OA t, 4 n BICYCLE LANE |OQOO| PRIVATE PEDESTRIAN TRAIL Note: Public trail may be connected to City-wide trail system, or western edge of Master Flan along Carlsbad Blvd. MASTER TRAILS CONCEPT FOINSETTHA SHORES MASTER FLAM Approved/Required Public Trail Sclltac k Previously Oetric al«*<J O.S. Includes JILMS I,K,I) Public Oj>en Space Pfivale Open Space (includes Kec. Area, M) Public or Private Open Space AfPROK. CROSS AC. 34 8 AC 1 8 AC 7.2 AC. 0.7 AC. l.SAC, APPROX. TOTAL ACRES 46.0 AC A. I. 2. With respect to westside 40' setbacks and 45' bluff (op setbacks the following apply: May include a portion of City Trail. Public or private space to be determined upon approval of specific development proposal. OPEN SPACE PLAN POINSETTIA iS MASTER FLAN r i i i STATt O* CAllWtNU— TM« ttSOU*CfS DEPARTMENT OF FISH AND GAME 330 GOIOCN SHOtC. SUfTI 30 LONG KACH. CA «a02 (310) 590-5113 September 16, 1993 Mr. Eric Munoz City of Carlsbad 2075 Las Paimas Drive Carlsbad, California 92009 Dear Mr. Munoz : Mitigated Negative Declaration for the Poinsettia Shore Master Plan SCH 93081049, San Diego County A Department of Fish and Game (Department) biologist familiar with the area has reviewed the referenced Mitigated Negative Declaration. The project consists of 451 residential units on 83 acres, 38 acres of open space and 7 acres of unplanned area. The Department recommends that a 100 foot setback from the edge of the bluff be established to provide a buffer area which could be used for trails as well as wildlife. The document notes that domestic animals will be introduced through the normal course of events associated with construction of residences. The Department feels that because of this introduction, the proper location for a trail system is along the bluff, rather than along the edge of the Batiquitos Lagoon (Lagoon) . The Lagoon is proposed for enhancement by the Port of Los Angeles as part of mitigation for loss of habitat in San Pedro. As part of this mitigation, several Federal and State listed California least tern nesting areas are to be created. By placing a trail along the edge of the Lagoon near these proposed areas, the possibility for human disturbance, and domestic animals invading and causing harm to tne least tern. This creates a "may affect" situation that would require consultation with the U.S. Fish and Wildlife Service (Service) to determine what they may require for avoidance of this impact. The Lagoon also supports Belding's savannah sparrow, a state-listed endangered species, and snowy plover, recently listed as federally threatened. To avoid any impacts, thereby requiring consultation with the Department and the Service, the Department recommends that adequate buffer areas be established around the Lagoon (100 foot minimum distance from the edge of any wetland habitat) . As this project proceeds, means of excluding or controlling domestic animals so they do not impact any of these species should be included in planning efforts. Mr. Eric Munoz September 16, 1993 Page Two Thank you for the opportunity to comment on this project Any questions regarding this letter should be addressed to Mr Tim Dillingham, Wildlife Biologist, at our San Dieqo office phone: (613) 525-4215. Regional Manger- Region 5 cc: Mr. Tim Dillingham Wildlife Biologist San Diego, California Mr. Terry Foreman Fishery Biologist Ramona, California Ms. Terri Dickerson Environmental Specialist III Lagxma Hills, California Mr. Jim Dice Plant Ecologist San Diego, California Ms. Nancy Gilbert U.S. Fish and Wildlife Service Carlsbad, California U.S. Army Corps of Engineers Los Angeles, California Office of Planning and Research State Clearinghouse Sacramento, California California Coastal Commission Long Beach, California City of Carlsbad Rianninq Department September 30, 1993 - Fred Worthley Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 RE: COMMENTS MADE TO THE POINSETOA SHORES MASTER PLAN - MP 175(D) Dear Mr. Worthley: This letter is in response to your letter dated September 16, 1993 regarding the above referenced project. Comments 1. A 100 foot setback is recommended by the Department from the edge of the bluff. This area should also be the location of the public access trail, as opposed to the edge of the lagoon itself. 2. The Department also notes the probable introduction of domestic animals concurrent with residential occupancy within the master plan. 3. The various aspects of the Batiquitos Lagoon Enhancement Plan are noted and it is emphasized that this project should not conflict with the implementation of the Enhancement Plan. Responses 1. A 100 foot setback will be provided from the lagoon blufftop edge for buffering and visual purposes on the master plan's east side. This area will also accommodate a public access trail The west side of the master plan carries forward a 45 foot blufftop setback which may be increased during the review and approval of that individual planning area (area "H"). In response to the comments made by the Department, the master plan has been revised to require the review and input of Fish and Game relative to this blufftop setback during the review process for area "H". 2O75 Las Palmas Oriv« • Carlsbad. California 92OO9-1576 • (619) 438-1161 Fred Worthley September 30, 1993 Paze 2 2. Domestic animals will be separated from the lagoon slopes and habitat by the 100 foot buffer on the east side. Residential uses are not proposed for the west side eliminating the domestic animal issue on that side at this time. In addition, private fencing associated with blufftop top units will further hinder domestic animal access to the lagoon on the east side. 3. One of the master plan's stated goals is to be consistent with, and allow the full implementation of, the Batiquitos Lagoon Enhancement Plan. In addition, open space planning area's within the master plan ("I", "K" and "L") specifically contain this provision. Your letter and this corresponding response letter will be part of this project's staff report. The Planning Commission date is scheduled for October 20, 1993. I can be reached at 438-1161 extension 4441 if you have any questions. Sincerely, ERIC MUNOZ Associate Planner ENMitan LTR6 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART n (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. MP 175fDVGPA 91-05/LFMp 87-09fAVLCPA 91-02 DATE: JULY 26. 1991 BACKGROUND 1. CASE NAME: Poinsertia Shores Master Plan 2. APPLICANT: Kaiza Poinserria Corporation 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7220 Avenida Encinas. Suite 2QQ Carlsbad. CA 92QQ8 r6!9)931.91QQ 4. DATE ELA FORM PART I SUBMITTED: July 6. 1993 ; 5. PROJECT DESCRIPTION: A Master Plan Amendment. General Plan Amendment. Local Facilities Management Plan Amendment, and Local Coastal Program Amendment to change the land uses associated with the former Bariquitos Lagoon Educational Park Master Plan from RM. RMH. RC. P. N. TS/C and OS to RM. RH. NRR. TS/C and OS on a 162 acre master plan as shown on the attached exhibits. The master plan amendment will establish land use refulations for the site and guide the development at individual planning areas. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this determination. insignificant. These findings are shown in the checklist under the headings "YES-rig" and "YES-insig" respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? x 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ' X 5. Result in substantial adverse effects on ambient air quality? ___ 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of r water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeologkal, paleontological or historical site, structure or object? __ ___ -2- BIOLOGICAL ENVIRONMENT WTLL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sij) (insig) 12. .Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? . x 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the r migration or movement of animals? HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sif) (inaif) 17. Alter the present or planned land use of an area? __ X IS. Substantially affect public utilities, schools, police, fire, emergency or other public services? X -3- HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (s»?) (insig) 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? X 25. Generate substantial additional traffic? X 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterbome, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? ____ 32. Affect the quality or quantity of existing recreational opportunities? MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (sig) (insij) 33. Does the project have the potential co substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- Life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) r 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? nr^CUSSION OF ENVIRONMENTAL EVALUATTQN This project involves the amendment of the former Batiquitos Lagoon Educational Park (BLEP) Master Plan for property as shown on the attached location map. The land uses allowed under BLEP centered around a university/educational use with supporting and related land uses. The current master plan amendment (MP 175-D) proposes to rename the project to the Poinsertia Shores Master Plan and to replace the educational uses with residential uses. The master plan has a total of 451 dwelling units left to develop which the applicant will pursue in combination with a State allowed 25% density bonus to assist with affordable housing compliance. Also being processed with the master plan amendment is a General Plan amendment (GPA 91-05) and a Local Coastal Program Amendment (LCPA 91-02) to implement the proposed changes to the master plan. A Local Facilities Management Plan Amendment will also be processed to reflect the land use changes within the Zone 9 Local Facilities Management Z-ne. The site is currently vacant with the exception of the Rosalena single family neighborhood. With the approval of BLEP (October 22,1985), an environmental impact report was certified (EIR 84-3) for the master plan property. All environmental impacts associated with BLEP have been identified and mitigation measures are in place where appropriate. The amended master plan will involve land uses of lesser intensity than the previously approved educational park with less traffic and public facilities impacts. The applicant's Environmental Impact Assessment Part I included traffic, noise and geotechnical studies. This Mitigated Negative Declaration incorporates analysis from the certified EIR and will outline the necessary mitigation on a master plan level to offset archaeology, paleontology, visual resources, and noise impacts. PHYSICAL ENVIRONMENT 1. As documented in EIR 84-03 and the applicant's geotechnical report dated June 4, 1986 by Woodward-Clyde Consultants, the site is not located near any active faults and no geologic conditions exist that would constrain the development of the master plan property or increase the exposure of people or property to geologic hazards. 2. The master plan property is mostly flat except for the lagoon bluff areas which will not be altered through project grading. An existing manufactured slope on the eastern edge of the master plan site will be cut to provide fill for the roadway and bridge embankments supporting Avenida Encinas. Otherwise, no appreciable change to the area's topography will occur and EIR 84-3 did not identify any unique physical features. 3. At the master plan level as well as tentative map/planning area level, the project will be conditioned to comply with the City's Grading Ordinance and standard landscaping and erosion control measures to prevent soil erosion onto the site as well as soil erosion offsite into Batiquitos Lagoon. 4. Development of the Poinsertia Shores Master Plan will not affect the natural sand movement patterns of the nearby coastal littoral area. No changes will occur to the channels of any streams or the Batiquitos Lagoon. The project will be required to maintain existing/construct new drainage facilities as needed to prevent any impacts to Batiquitos Lagoon. 5. The primary impacts to air quality will result from automobile and truck emissions. EIR 84-3 stated that the increase in air pollution emissions should be considered insignificant. In addition the master plan's proposed land uses and associated average daily trips (ADT) will be reduced from approximately 26,500 ADT (associated with the current BLEP master plan) to 12,300 ADT (associated with the amended Poinsertia Shores master plan). This will reduce impacts ro air quality compared to the BLEP master plan. 6. Approval of this master plan and the development of individual planning areas will not impact or substantially change air movements, odor, moisture or temperature. Standard grading conditions and procedures will minimize dust impacts during grading and construction phases. 7. The project will not change the course or flow of marine, lagoon or flood waters. The master plan will be conditioned to maintain existing/construct new drainage facilities to remove pollutants from storm water and prevent undesired drainage from flowing into the Batiquitos Lagoon drainage basin. 3. Standard grading, erosion control and landscaping per the City's Landscape Manual will control runoff and prevent pollutants in run-off from reaching the Batiquitos Lagoon. These standard measures will prevent any impacts to the quantity or quality of lagoon water, surface water, ground water or public water supplies. 9. EIR 84-3 documented the lack of any natural resources on the master plan property. 10. Fuel and energy will be used during the grading and construction phases of this project in the form of gasoline and fuel. EIR 84-3 stated that BLEP could be adequately served by SDG&E for its natural gas and electrical needs. Since the Poinsertia Shores project is less intense than the BLEP project, this project's demands on fuel and energy are not significant.r 11. EIR 84-3 identified four archeological sites within the master plan property; three were determined to be significant. Follow up data recovery efforts were carried out by archeologist Brian Smith and summarized in the report, "The Archeological Excavations of Cultural Resources at Sites W-84, W- 88, W-95, W-97 and W-2251" incorporated herein by reference and on file in the Planning Department. One of the sites had human remains which have since been reinterred in an open space area within the master plan with the coordination and direction of a qualified Archeologist and Native American Coordinator. This was done in compliance with the mitigation measures of EIR 84-3. As concluded in the above referenced report, the sites are no longer considered significant. Further mitigation at this point involves the retention of an archeologist for pre- grading conferences and monitoring during grading operations where cultural sites are located. Paleontological resources also may be present on-site. Adherence to the City's standard paleontological mitigation program will be required in conjunction with grading of the site. BIOLOGICAL ENVIRONMENT 12/13. The majority of the project area (including all of the developable area of the property) is currently vacant and undeveloped. Previously, the site had been used for agriculture so there is no habitat value on the master plan property except for the lagoon, bluffs and wetland areas -7- which will be preserved in permanent open space. Therefore, there will be no impacts to sensitive plant species and no barriers to the normal replenishment of existing plant species will be created. Project landscaping will be the only plants introduced into the area. 14. The master plan property has been used for agricultural purposes in the past, however, no land within the master plan property is currently being used for agriculture. Furthermore, EIR 84-3 states that none of the soils on the site are considered "prime" agricultural lands per the Williamson Act definition. 15/16. Since the project area is primarily vacant and undeveloped, there is minimum habitat value for animal species in the area. The exception would be the animal biodiversity associated with the lagoon and adjacent wetland areas which will remain open space so that there will be no impacts to the habitats or diversity of sensitive animal species or their natural patterns of movements or migrations. The biological resources of the lagoon will not be impacted by the development of the master plan's property. Domesticated animals in the form of household pets will likely be introduced into the area by future residents; however, this will not significantly impact the lagoon area's habitat or animal species diversity. HUMAN ENVIRONMENT 17. The land uses currently allowed on the site are outlined in BLEP and center around a university/educational use with supporting residential, office and commercial uses. The proposed master plan amendment specifically seeks to alter the allowed uses on the east side to all residential (spreading the master plan's remaining allowed residential dwelling units) and leaving the west side with the currently allowed uses with the exception of the area north of Avenida Encinas which is proposed to go from a neighborhood commercial designation to an unplanned area designation, subject to future planning efforts. The propose^ land uses are more compatible with existing/allowed adjacent land uses than the Land uses contained in BLEP. Since the area is zoned Planned Community (PC) and requires master planning, the proposed land use changes associated with the current master plan amendment (and corresponding General Plan amendment) do not constitute a significant impact to the planned land uses of the area. 18. The BLEP master plan did not substantially affect public utilities, schools, police, fire, emergency or other public services. The proposed master plan amendment will also not affect any public facilities or services since the intensity, traffic generation and demand on public facilities/services will be less than currently allowed. All performance standards and public improvement/infrastructure requirements of the amended Zone 9 Local Facilities Management Plan will be met and maintained in compliance with the Qr/s Growth Management Program. 19. No new or modified solid waste or hazardous waste control systems will be required from the development of this master plan area. Overall sewer requirements will decrease from approximately 252,000 gallons per day (BLEP) to 151,140 gallons per day (Poinsettia Shores). The master plan will be conditioned to provide a sewer pump station for the east side of the master plan necessary to service the master plan area. The west side may be required to provide a sewer pump station during detailed planning and development efforts for the west side in the future. 20. Approval of the master plan amendment and development of individual planning areas will not substantially increase noise levels beyond the short term grading and construction noise impacts. The project area is impacted by noise from the 1-5 freewav and the railmaH o»Kr «f u,av Mitigation for the mast areas have detailed noi the City's noise policy. substantially increase noise levels beyond the short term grading and construction noise impacts. The project area is impacted by noise from the 1-5 freeway and the railroad right of way. Mitigation for the master plan amendment will include the requirement that residential planning areas have detailed noise studies done at the tentative map/PUD level to assure compliance with rKa (""in/e nnic» nnli/*v 21. Through the si'? design and conditions of approval for individual planning areas, no light or glare will be permit:.. to be directed offsite of the master plan property. Lighting within planning areas will be low intensity and shielded from upward reflections. New light will not be a significant impact. 22. The grading and construction proposed for the master plan area will not involve the application, use or disposal of hazardous materials or substances. 23. The allowed density associated with this project is contained in BLEP which essentially allows a total of 451 new dwelling units to be built on the master plan properry. This density is consistent not only with BLEP but with the Gt/s Growth Management Program and the Zone 9 Local Facilities Management Plan (LFMP). While the applicant will be pursuing a State allowed 25% density bonus in conjunction with affordable housing units, the overall proposed density can be physically accommodated onsite and will not constitute a substantial altering of the area's density. 24. The project proposes to construct housing units on the east side of the master plan. The west side may create a need for housing in the area if the non-residential land uses for the west side are actualized. Overall, this project will supply housing units; not create a need for additional housing. 25. The Poinsertia Shores project will generate less traffic than the«currently allowed BLEP project (approximately 26,500 ADT vs. 12,300 AOT) as documented in the applicant's traffic study by Urban Systems Associates, Inc. dated May 17,1993. A substantial increase in traffic will not result from the Poinsertia Shores project and all major roadways, through their alignment and classification, will be able to adequately serve the master plan. 26. A large demand for new parking facilities will not be created by the Poinsertia Shores Master Plan. Each planning area and associated use will provide required parking per the code. 27. The proposed land uses of Poinsertia Shores will impact roadways and intersections more than the currently vacant land does, however, it will be less of an impact than BLEP. As mentioned, the planned circulation and roadway alignment system will be adequate to serve the area and be in compliance with the Zone 9 LFMP. 28. The master plan site is outside of the McGellan-Palomar Airport influence area so no impacts to or from air traffic will result. No waterborne traffic occurs in the vicinity and the operations of the railroad right of way will not be impacted by the master plan or the planned railroad crossing bridge of Avcnida Encinas. -9- 29. The master plan circulation system will include standard provisions for transportation systems accommodating vehicles with bicycle lanes and sidewalks for pedestrian movements so that there will be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. 30. The master plan's circulation system, as well as individual planning areas' circulation, will be reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. 31. The master plan has the potential to create a significant visual impact through the development of structures near the lagoon environment. EIR 84-3 established certain development standards to act as visual mitigation to the impacts created by blufftop development. A 45-50 foot minimum structural setback from the blufftop was established and will be a minimum requirement for blufftop planning areas. A larger setback will be required through the master plan and planning area approval processes. To assist in reducing visual impacts to insignificance, EIR 84-3 specified a reduced building height limit for single story structures and a minimum percentage of single story units within a planning area. In addition, specifications were outlined with regards to accessory structures and allowances for public access/trails within the blufftop setback area. EIR 84-3 also required a buffer of at least 80 feet between the mobile home park to the north and any structures within the master plan. Pan of the mitigation program associated with this environmental review and the master plan amendment will be the formulation of development standards designed to mitigate visual impacts. Standards will be established for each blufftop planning area with the master plan amendment approval. These standards will be similar, or more restrictive, to those items outlined in EIR 84-3 and will include: a minimum structural setback from the Lakeshore Gardens Mobile Home Park, a minimum structural blufftop setback, a reduced height limit for single story structures (based on the Qr/s current height definition), a minimum percentage of single story structures per planning area, and provisions for public access/trails within blufftop setback areas. r 32. No impacts to the quality or quantity of recreational opportunities will be created by the development of the Poinsertia Shores Master Plan. The master plan will, however, create recreational opportunities in the form of a recreational center with such amenities as a swimming pool, tennis courts and passive areas. In addition, the master plan will provide a public access lagoon blufftop trail along the project's southern perimeter. -10- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future rime rather than now, 0 alternate sites for the proposed project, and g) no project alternative. a) The development of the master plan area will take place in at least two phases. The first phase will develop the east side of the master plan and the second phase will develop the west side. The east side development may occur in more than one phase. b) No site designs for individual planning areas are being approved with this master plan amendment. However, some development standards will be established for planning areas to guide the site designs of individual planning areas. The circulation and roadway design of Avenida Encinas is being established by this amendment and is the result of staffs review to ensure compliance with Cry's standards as well as to ensure a master planning approach to the site. c) The proposed scale of development is in keeping with the allowed dwelling units available for the master plan property and is less intense in non-residential square footage and scale than the BLEP master plan. d) The area is zoned PC which requires a master plan. Since a master plan exists, an amendment is the proper way to modify allowed land uses. The proposed residential land uses are compatible and acceptable alternatives to the educational uses allowed under BLEP. Agricultural uses are not economically viable or desired by the current master plan property owner. e) The west side of the master plan is set up to be planned in detail and developed at some future tune. Near term developments will focus on the east side's residential planning areas. f) Conceivably, alternate sites for the proposed land uses exist. However, the subject master plan property is capable of accommodating the proposed land uses and no significant unmitigable environmental impacts will be created. g) The no project alternative would leave the site mostly vacant and undeveloped as it currently is. The City and existing residents within the master plan are anticipating continued planning and development efforts on this property to remove the educational uses of BLEP. The no project alternative does not contain significant environmental benefits. -11- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. , I find rhat the proposed project COULD NOT have a significant effect on the environment, because the environmental effects of the proposed project have already been considered in conjunction with previously certified environmental documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be proposed. [ find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Af Date Signature Date Planning Director" LIST MITIGATING MEASURES fIF APPLICABLE') Land Use/Visual Impacts 1. The master plan amendment will establish a minimum structural setback from the existing mobile home park for all planning areas adjacent to it. This minimum setback shall be equal to, or greater than, the setback/buffer outlined in EIR 84-03. 2. The Master Plan Amendment will establish development standards for the east side's residential planning areas adjacent to the lagoon bluff top that will be similar to, or more restrictive, than those outlined in EIR 84-03. These standards shall address: A. A minimum bluff top structural setback. B. Reduced single story height limitations. C. A minimum percentage of single story structures. D. Provisions for public access along the bluff top perimeter. -12- 3. The Master Plan Amendment will establish development standards for the west side's planning area adjacent to the lagoon bluff which will be similar to, or more restrictive, than those outlined in EIR 84-03. These standards shall address: A. A minimum blufftop structural setback. B. Building height limitations. C. Provisions for public access along the bluff top perimeter. .Archaeology The Master Plan Amendment will be conditioned to require a qualified archaeologist to monitor ail grading activities near or on the archaeological sites documented in EIR 84-03. Paleontology The Master Plan Amendment will be conditioned to require a qualified paleontologist to be involved with all grading operations and comply with the Cry's standard paleontological mitigation program. Noise The Master Plan Amendment will be conditioned to require residential planning areas to have detailed noise studies done and incorporated at the tentative map/PUD approval level to assure compliance with the City's noise policy. MITIGATION MONITORING PROGRAM TABLE ATTACHED -13- THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MnTGATWQ MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT, // yf 3 Offr /xo SMItka 1993 , a California 5«n«rai Partn«r«hip By; HaeXatt Management Corporation,a California Corporation, Its General ?artnej By, s* v Prealdent •14. PROJECT NAME: Poinsctria Shores Master Plan FILE NUMBERS: MP J75(I))A;PA 914)S/U-MP 874»9(A) APPROVAL DATE:EIR OR MITIGATED NEC. DEC: Mitigated Negative Declaration The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates thai iliis mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mkigatioa Measure • Buffer from eiisting mobile home park • Lagoon blufftop structural setbacks. • Reduced single story height limitations • Minimum percentage of single story structures • Provisions for public access along the lagoon perimeter adjacent to the project site. Archaeologist involved in monitoring operations per the recommendations of previous investigations. Compliance with the City's standard Pmlftunt/Ainrisml (nirtVafiAn nmffTUn.w«MI«MW(M.M UUUfOUWM |nWf«BW. Compliance with the City's noise policy for residential planning areas. Monitoring Type Project, Master Plan Amendment Project. Master Plan Amendment Project. Master Plan Amendment Project, * Master Plan Amendment Monitoring Department Planning Planning Planning Planning Shown on Plans Verified ' Remarks • Type - Project, ongoing, cumulative. Monitoring Oept - Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans - When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation - When mitigation measure has been implemented, this column will be initialed and dated. Remarks - Area for describing status of ongoing mitigation measure, or for other information. "Oft•8 ro LOCATION MAP City of POINSETTIA SHORES MASTER PLAN 175<D)/Gf* 91-05/ LCI* 9V027LFWF 87-09<A) OCTOBER 20,1993 PROPOSED GENERAL PLAN EXISTING GENERAL PLAN City of CirisM POINSETTIA SHORES MASTER PLAN GPA 91-05/LCPA 91-02 OF COKPLTIOM ^ to: State Clearinghouse. HOC r .., street, «•- 121, SacraMnto, CA 95814 • 9lo/44S^o7ij PH«Project Title: n» 17VO)/CPA 91-01/^Me 87.Q9<A)/A 91-02 . pqry^TTrA SHoaf Lead Agency: City of CirHbed Contact Person: Erie Street Address: City: Carlsbad us Palmes Orive "hone: (619H3a-1161. ..t. Zip: 92009 County: San o<eee__ PtOJCCT LOCATION: Cacnty: San Qieq City/Heereat Conaunity: C«rl»bad 162Cross Streets: Future intersection of Carlsbad Souleverd/Avefiida Encinaa Total Acres: Assessor's Parcel No. 216-42CF?9/21A-140-17.18.19.2S.27.29-33 Section: Ties. within 2 Mi lea: State Nwy <;~ J-5 Waterways: Pacific Ocean and iatiouitoa leaoen 9ase: Airports:tailuay*:Scftoois: OOCUKIT TTPC C£QA: X . MOP Sccple««nt/Sito*equ«nt Earlv COM Ell (Prior SCM No.) _. _ ne« Dec Other Hi tine ted Nea Dec . Draft C!l •M: NOl OTHB _ EA Draft EIS FONSi : ___ Joint Oocuaant __ ^inat Ofiria«nt , Othar LOCAL ACT101 TTFf Geoerat Plan update x General Plan Ajaeoaaent __ General Plan Eteaant Coavuiity Plan Jpacifie Plan , naater Plan Plamad unit Oevel Site Plan lezona , Preiona ua« P«m<t . Land OivUion (SuMivUion. Parcel Maa), Tract Nap, etc.) Annexation Coaatal Permit Other LOA_ ocvcLOpmr rrpt « «e»idential: Unita Office: Co 451*Acrea water Facilitlae: Type ___ Tranaportation: MOD watts cial: Industrial: Educational Mineral Hacraational Travel Sarviea/CaaaMrcial Uaate Traataant: Nazardoua Waste: Otner: unali PflOJECT ISSUES 01 X_ Aesthetic/Visual ____ A9ricultural Land Air Quality x Arefieeological/HUtorical x Coaatal Zone x Drainaoe/Abaorption —_ Econoajic/jobe fiscal Floaaj •lein/rioadinaj Foreet Land/rira Maiard NtnareU•olaa)Populetfon/Nouainaj talance •uMIe $er»«cae/raeilitiae, Ieereet1on/*erk« Scnea)laVUniver»< ties Septic SyetaaB SeMer Capacity S«U solid weate Toi1c/Mt«rdaui Traffic/Circulation veajeutlon weter Quality water Supply/ Oround water we11and/Ii parfan Wildlifeerowth indueiraj CuBilative effect Otfier Preaent Land UM/Zonineyfitnenl Urn UM rhia easier plan property is currently vacant except for 75 single) faeiily lots (70 built. S vacant). The) PC zone requires easier plamtna.. The current lend use designations reflect the educational use* of the forajar tetiquitos leaden educational Park (SUP) Master Plan. This Neater Plan Aavndeent Mill replace educational end related used witft reaidentiol Project Description _._^._A Heater Plan AMndaent. General Plan Ajaandaant. Local Facilittee Msragaaant Plan laiir lairt. end Local Caaatal Prograa «a»nda«nt to change the land uaea easocfated with the fonaar Satiquitoo Lagoon educational Park Neater Plan free) M, MH, K, P, •, TS/C. and OS to M, M, MM, TS/C, and OS General Plan designations. The Neater Plan leariHamt Mill guide the development of Individual planning areea. Clearinghouse Mill eealgn identification matari for all new projects. If a SCa fro* a notice of Preparation or previoua draft dacuaant) pleeae fill It in. already exists for e project (e.g.tevised October 1989 •flue »« State Oensitv City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: A 162 acre PC (Planned-Community) zoned, Master Plan property on the north side of Batiquitos Lagoon, west of [-5, east of Carlsbad Boulevard and south of the Lakeshore Gardens Mobile Home Park in the southwest quadrant of the City. PROJECT DESCRIPTION: A Master Plan Amendment, General Plan Amendment, Local Facilities Management Plan Amendment, and Local Coastal Program Amendment to change the land uses associated with the former Batiquitos Lagoon Educational Park Master Plan from RM, RMH, RC, P, N, TS/C, and OS to RM, RH, NRR, TS/C, and OS, General Plan designations. The Master Plan Amendment will guide the development of individual planning areas. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Eric Munoz in the Planning Department at (619) 438-1161, extension 4441. DATED: AUGUST 12, 1993 ^ MICHAEL J. HOLZMILLER CASE NO: MP 17S(D)/GPA 91-OS/ Planning Director LFMP 87-09(A)/LCPA 91-02 CASE NAME: POINSETTIA SHORES MASTER PLAN PUBLISH DATE: AUGUST 12, 1993 ENM1 ERRATA SHEE DATE: OCTOBER 18, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175(DVGPA 91-05/LCPA 91-02/LFMP 87-09fA) - POINSETTIA SHORES MASTER PLAN The following changes are made to the Poinsettia Shores Master Plan text: 1. On the bottom of page 66 and top of page 67 under Master Tentative Map Requirements, a third special condition shall be added which involves affordable housing implementation. It will read as follows: c) Prior to or concurrent with recordation of the Master Final Map, the applicant shall deed restrict Planning Area 'D' for affordable housing development unless and until an Affordable Housing Agreement for an offsite or combined site is entered into that satisfies the master plan's obligations for providing affordable housing units. All subsequent Planning Area Final Maps shall record a notice disclosing the intent and designation of Planning Area 'D' to satisfy affordable housing requirements. 2. On page 84 a new bullet item will be added under Design Criteria to read as follows: * Certain accessory uses may be allowed within the rear portion of the residential lots associated with the private open space of the blufftop structural setback area (as shown on Exhibit 10). Allowable accessory uses shall be identified with the tentative map/planned unit development approval for this planning area. 3. On page 88 (Exhibit 37), a special note addressing private recreation areas will be added to read as follows: Note: See Design Criteria for provisions of private recreation areas. Minimum lineal dimension shall be 10 feet. 4. On pages 90 and 94 the bullet item under Design Criteria that reads, "A minimum 15 foot by 15 foot outdoor private use area shall be provided for each unit" will be changed to read as follows: * The minimum lineal dimension of outdoor private use areas shall be 10 feet provided that the private use area shall not be less than 300 square feet and this area shall not be counted toward satisfying recreational area requirements. However, a minimum 15 foot by 15 foot outdoor private use area may be provided for each unit to be counted toward satisfying recreation area requirements pursuant to section 21.45.090 of the Planned Development Ordinance. 5. Within the LCP Amendment text as attached to Planning Commission Resolution Number 3554, all references to "woodlands" will be changed to "wetlands" (includes pages 7 and 10). ERR/ SHEET #1 DATE: OCTOBER 20, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175(DVGPA 91-05/LCPA 91-02/LFMP 87-Q9(A1 - POINSETTIA SHORES MASTER PLAN The following changes are made to the Poinsettia Shores Master Plan text and are in addition to the changes outlined in the first errata sheet dated October 18, 1993: 1. On page 81: the first bullet item under Design Criteria will be eliminated; the second bullet item under Design.Criteria will removed and will replace the second bullet item under Environmental Mitigation Conditions at the bottom of page 81. 2. On page 82 the second bullet item under Other Special Conditions will be eliminated. 3. Under Environmental Mitigation Conditions for planning areas "A-4" and "B-l" on pages 85 and 91, the bullet item requiring sound walls and/or berms to mitigate noise impacts will have the words, "... and the railroad" added to the end of the first sentence. 4. On page 96 the last bullet item under Setbacks deals with a garage setback and currently reads "Garage: 3' from edge of 24' wide motor court driveway" and will be changed to read as follows: * Garage: 5' minimum from edge of 24' wide motor court driveway 5. On page 96 the following will be added to the end of the Private Street Width section: "A private street width of 24' may be allowed for motor courts, or private streets serving 10 units or less, as part of the discretionary review and approval process required for this planning area. All private streets serving 10 units or more shall have a minimum width of 30'. 6. On page 98, Exhibit 40, the wording on the exhibit which describes. Private Street Dimensions will be changed to read as follows: "See provisions outlined under Private Street Width on p. 96" The following change is also made to the LCP Amendment text in addition to the LCP text change noted as item #5 on the first errata sheet: 1. On page 9 under Grading and Erosion Control, item #1 will be changed to read as follows: 1. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the site to prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas. ERRATA SHEET »3 DATE: NOVEMBERS, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175fDWGPA 91-05/LCPA 91-02/LFMP 87-09fAl - POINSETTIA SHORES MASTER PLAN Staff received a late comment from the State Lands Commission (SLC) regarding their role with the dedicated lagoon and wetland open space associated with this project. The SLC letter dated November 2, 1993 is attached and specifically notes that the construction of any required drainage facilities on open space planning area "I" would require SLC review and approval. In order to respond to the comments of this public entity which holds a public ownership interest in the master plan's lagoon open space, the following change will be made to the master plan text: 1. On page 115, the last sentence under Land Use Allocation currently reads, "Consistent with the Zone 9 LFMP, a desilting basin may be constructed in the northwest portion of Open Space Area I", and will have the following language added: "... subject to the review and approval of the City of Carlsbad and any affected resource agencies including the State Lands Commission". This change is in addition to the items outlined in Errata Sheets #1 and 2 dated October 18 and 20, 1993. All errata sheet changes will be incoporated in the master plan text for City Council. ENM:lh SLC.MEM DATE: TO: FROM: SUBJECT: I. APPLICATION COMPLETE DATE: GPA/LCPA/MPA - APRIL 21. 1991 LFMPA - AUGUST 2. 1993 PROJECT PLANNER: ERIC N. MUNOZ MEMORANDUM NOVEMBER 3, 1993 PLANNING COMMISSION PLANNING DEPARTMENT MP 175(DVGPA91-05/LCPA91-02/LFMP 87-09CA1 - POINSETTIA SHORES MASTER PLAN - Request for the approval of a Mitigated Negative Declaration, General Plan Amendment, Master Plan Amendment, Local Coastal Program Amendment and Local Facilities Management Plan Amendment for Zone 9, to change General Plan land use designations to replace the educational and related land uses of the former Batiquitos Lagoon Educational Park (BLEP) Master Plan with residential uses and retain the travel service-commercial land use designations for the western portion of the site on Planned-Community (P-C) zoned property generally located in the southwest quadrant of the City, north of the Batiquitos Lagoon, west of the 1-5 freeway, east of Carlsbad Boulevard in Local Facilities Management Zone 9. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3551 RECOMMENDING APPROVAL of the Mitigated Negative Declaration, and ADOPT Planning Commission Resolution Nos. 3552, 3553, 3554, and 3555, RECOMMENDING APPROVAL of MP 175(D), GPA 91-05, LCPA 91-02, and LFMP 87-09(A), based on the findings and subject to the conditions contained therein. II.DISCUSSION This matter was on the agenda of October 20, 1993 and continued due to the lateness of the hour. ATTACHMENTS 1. Planning Commission Resolution No. 3551 2. Planning Commission Resolution No. 3552 3. Planning Commission Resolution No. 3553 4. Planning Commission Resolution No. 3554 5. Planning Commission Resolution No. 3555 6. Staff Report dated October 20, 1993, with attachments