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HomeMy WebLinkAbout1994-09-20; City Council; Resolution 94-269k 1 2 3 4 5 6 7 8 9 10 11 12 om a> 3UJg -&EA 13 uwg an8 3UU soaa 14 dkSa: >3z a>m< gE$: 16 9 On8 I<- 15 zwo 003 LOW 00 401 czz 17 - 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 94-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE MODIFICATIONS TO LOCAL COASTAL PROGRAM AMENDMENT 91-02. WHEREAS, the City Council held a duly noticed pu: meeting on September 13, 1994 in order to consider the sugge modifications to local coastal program amendment 91-02; and WHEREAS, the proposed amendments are set forth in attachment to the Coastal Commission's letter of June 8, attached as Exhibit A; and WHEREAS, the City Council is agreeable to accepting proposed modifications in order to formally complete the certification process; NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the proposed changes set forth by letter the Coastal Commission dated June 8, 1994 are accepted approved. 3. That the Planning Director is authorized to for a copy of this resolution indicating the formal acceptance by City Council of the City of Carlsbad to the California Coa Commission. /// /// /// /// /// i * D &A4 %g2 I??- JOW% 2055 Cr“8 2;s? OnL 0Z”O “cczn JUU >A2 ZWV) E%? >.“% 50 QOA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad on the 20th day of SEPTI 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fir NOES: None ABSENT : None ATTEST: ALETHA L. RAUTENKRANZ, City Clelrk ( SEAL) I I I 0 0 EXHIBIT 5 * STATE OF CALIFORNIA-THE RESOURCES AGENCY Pm WILSON, Gc -. ~~ ~ ~~ ~~ CALIFORNIA COASTAL COMMISSION ~~ ~~~~ SAN DIEGO COAST AREA 31 11 CAMINO DEL RIO NORTH, SUm,?pp SAN DIEGO, CA 92108.1725 (619) 5218036 - ~~ ~ ~~ June 8, 1994 Ci ty of Carl sbad Eri c Munoz 2075 Las Palmas Drive Carlsbad, CA 92009-1576 . tp, - .,! Re: City of Carlsbad Local Coastal Program Amendment 1-94 West Batiquitos Lagoon/Sammis Properties Segment Dear Mr. Munoz, On May 12, 1994, the California Coastal Commission approved the above-described amendment request. The other two elements of the City's LCPA #1-94 (Density .bonuses and Aviara Phase 111) were continued and not acted upon. In its action, the Commission approved the West Batiquitos Lagoon/Sammi s Properties amendment request with suggested modifications including ones which required submittal of a-trail construction plan, prohibited gating of certain pl.anni ng areas, and provided for the eventual implementation and provision of the public trail system. The adopted suggested modifications are attached for your information. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order.. This is necessary because the amendment request was certified with suggested modifications. In order for the Executive Director to make thi s determi nation, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is required to satisfy them, such as rezoni ngs or other ordinance revisions. If the City chooses to accept the Commission's action, this acknowledgement must occur within six months. As soon as the necessary documentation is received in this office, and accepted, the Executive Director will report his/her determination to the Commission at Its next regularly scheduled public hearing. If you have any questions about the Commission's action or this final certification procedure, please contact,our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. Sincerely, -,'PI. Deborah N. Lee & Assistant District Director 9482A 0 0 IT.. SUGGESTED ~DIFICATIONS FOR CITY OF CARLSBAD LCPA #1-94 (WEST BATIOUITOS LAGOON/SAMMIS PROPERTIES SEGMENT) The following are the suggested revisions for this amendment request. Language to be added is underlined; language to be deleted is crossed out. West Batiqui tos Laaoon/Sammis Prop.erties Land Use Plan 1. On page 1 within the introduction, the language shall be revised as fol 1 ows : The Poinsettia Shores Master Plan proposes to eliminate the university and research and development uses on the east side of the AT & SF rai 1 road right-of-way and develop this area with a variety of residential products in a gated community, except that Planning Areas A-3. A-4 and J shall remain oDen and unaated. Land uses west of the railroad right-of-way wi 11 remain substantially as previously approved. 2. On page 1 under "Land Uses", the language shall be revised as follows: The fol lowing are the proposed 1 and use "P1 anning Areas", each providing a brief description. The "Planning Areas" correspond directly with the planning areas approved with the Poinsettia Shores Master Plan. A1 1 development in these planning areas are subject to the provisions of the Poinsettia Shores Master Plan as adopted by the Carlsbad City Council and certified bv the California Coastal commission. No development inconsistent with the Master Plan shall be permitted. The Planning Areas identified below wi 11 replace the former planning areas established by the BLEP Master Plan. 3. On page 4 under "Planning Area E", the 1 anguage shall be revised to read: 1.. .I Planning Area E has a gross area of 0.9 acres and a net developable area of 0.5 acres: it has a land use desianation of RH. 4. On page 4 under "Planning Area F", the language shall be revi sed as fol 1 ows : Planni nq Area F carries a Non-Residential (NRR) General Plan designation. Planning Area F is an "unplanned" area, for which land uses wi 11 be determined at a later date when more specific planning is carried out for areas west of the railroad right-of-way. A future Major Master Plan Amendment wi 11 be required prior to further development approvals for Planning Area F, and rhd$ Ihall include a LCP amendment wi th associated envi ronmental rev1 ew, if determined necessary. 0 e Carl sbad LCPA 1-94 Page 2 Adopted Suggested Modifi cations/West Batiqui tos/Sammi s Properties Segment -* - 5. On page 4 under "Planning Area F", the following language shall be added: .- As part of any future planning effort, the City and Developer must consider and document the need for the provision of lower cost vi si tor accommodations or recreational faci 1 i ties (ie. pub1 ic park) on the west side of the railroad. 6. On page 5 under "Planning Area G", the language shall be revi sed as fol 1 ows : Plannina Area G has a land use desianation of TS/C. All development in Planning Area G shall conform to the standards of the C-T zone of the Carlsbad Municipal Code, Chapter 21.29. 7. On page 7 under "Planning Area MIt, the language shall be revised as fol lows : Plannina Area M has a land use desianation of OS. This area shall be developed as a private Community Recreation Center and wi 11 be located adjacent to Avenida Enci nas between Planning Areas A-1 and B-1. 8. On page 10 under "Environmental ly Sensitive Habitats", the language shall be revised as follows: Recordation of several open space easements has occurred with the existing development along the bluff top on the area identified as Planning Area J. Recordation of additional open space easements along the bluff and railroad riaht-of-way shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G and & Furthermore, development on the bluff tops shall maintain setbacks as identified in the Poinsettia Shores Master Plan from the bluff edges to prevent possible impacts on adjacent environmentally sensitive habitats. No aradina or manufactured sloDes associated with the adjacent private residenti a1 develobments shall occur within the Dublic oDen mace and setback areas. 9. On Page 10 under "Pub1 lc Access", the language shall be revi sed as fol 1 ows : Lagoon accessways, bluff top accessways or equivalent overlook areas,and a bike path/pedestrian walkway, shall be provided if agricultural land on the north shore of Batiqui tos Lagoon is developed. Each planning area containing a segment of the trai 1 shall be conditioned to require construction and maintenance of that portion of the trai 1 within the planning area, unless otherwise specified in the Batiquitos Lagoon Enhancement Plan. Each planninq area containina a segment of the trail shall be conditioned tQ construct its trail seqment Drior to issuance of any building De rmi ts or that plannina area. Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those areas as a condition of development and. Drior to the issuance of any buildina Dermits for those Dlannina areas. the trail dedications .. 0 e .. Carl s bad LCPA 1 -.94 Page 3 Adopted Suggested Modi fications/West Batiqui tos/Sammis Properties Segment I <." shall be acceDted b v the Cit v of Carl sbad if the Ci tv aarees and it dfiDts a Ci tvwide Trai 1 s Proaram that includes Drovi sions for maintenance and liabi 1 i tv. Otherwise. orior to the issuance of any buildina Dermits. the obliaation.for acceotance. construction. mai ntenance. and 1 i abi 1 i t Y shall be the responsibilitv of another baencv desianated bv the City or the resoonsibilitv of the Homeowners Association. Uoon acceDtance of the dedication. including maintenance and 1 i abi 1 i ty responsi bi 1 i ties. and comol etion of the trai 1 improvements. the trai 1 shall be oDen for Dub1 ic u.se. The accessways shall not adversely impact environmentally sensitive habitats. A Trail Construction Plan shall be Drovided for all Dlannina areas containina public trai 1s. The Dublic trails alianment shall be as shown on the attached exhibit. The Dlan shall indicate that all trail alignments will be atop of the laaoon or railroad slooes and shall be constructed in the least environmentallv-damaaina manner. The Dub1 i c trai 1 shall be a minimum width of ten feet measured i nlana from the toD of the bluff edae or railroad embankment. The trail imDrovements shall include a minimum 5 foot wide imDroved accesswav, fencina. trash receptacles and interoretive sianaae. In addition to the exi stina trai lhead at Windrose Circle. two additional trai 1 heads shall be provided: one at the southwest corner of Plannina Area A-4 ascent to the railroad riaht-of-wav and one at the northwest corner sf Plannina Area A-3. adjacent to Avenida Encinas. These trailheads shall include gppropriate directional sianaae and identification. The plan shall also include construction sDecifications. maintenance standards. and sDecifv what oartv(ies> shall assume maintenance and 1 i abi 1 i tv resDonsi bi 1 i ti es . 10. On page 11 under "Master P1 an Approval 'I, the language shall be revised as fol 1 ows : The Poinsettia Shores Master Plan as adopted by the Carl sbad City Council Ordinance No. NS-266 and certified by the California Coastal Commission is approved as the Imp1 ementing Ordinance for this Local Coastal Land Use Plan. Upon final certification by the EMdfi3C 0itCLfdt California Coastal Commission, this portion of the Carl sbad Local Coastal Program shall be deemed certified. West Batiauitos Lagoon/Sammis ProDerties ImDlementation Plan (Poinsettia Shores Master Plan) 11. On page 1 under "Purpose", the language shall be revised as follows: Adoption of the Poinsettia Shores Master Plan by the Carlsbad City Council, pursuant to Chapter 21.38 of the Carlsbad Municipal Code d 3DDrOVed by the California Coastal CommissioQ, will establish the zoning and development standards applicable to the project as a whole with consideration to individual planning areas, defining the permi ssi bl e type and intensity of development. 0 0 Carlsbad LCPA 1-94 Page 4 Adopted Suggested Modifications/West Batiquitos/Sammis Properties Segment I< - 12. On page 9 under Ti rculation and Roadway A1 ignment", the language shall be revi sed-as follows: As shown on Exhibit 3, page 12, Aveni da Enci nas and Wi ndrose Ci rcl e wi 11 be pub1 ic streets. A1 1 other streets within the master plan boundary will be private and gated with the exceotion of internal streets associated with Plannina Areas A-3. A-4 and J. 13. On pages 14, 18 and 105, references to Planning Area F regarding a future Major Master Plan Amendment shall be revised to read that further development approvals for Planning Area F shall include a LCP amendment. 14. On page 23, Exhibit 10, the Open Space Plan shall be revised to illustrate that the setbacks and open space shown on Planning Areas G and H shall be identified as "Public Open Space". 15. On page 25, under "Open Space and Resource Preservation--"Perimeter Pedestrian Trail, the following language shall be added: A Trail Construction Plan shall be Drovided for all Dlannina areas containina oublic trai 1 s. The public trai 1s alianment shall be as Shown on the attached exhibit. The olan shall indicate that all trail alianments will be atoo of the laaoon or railroad slooes and shall be constructed in the least environmentallv-damaaina manner. The Dublic trail shall be a minimum width of ten feet measured inland from the top of the bluff edae or railroad embankment. The trail imqrovements shall include a minimum 5 foot wide imoroved accesswav, fencina. trash receptacles and interpretive sianaae. In addition tQ the exi stina trai lhead at Windrose Circle. two additional trai 1 heads shall be provided: one at the southwest corner of Planning Area A-4 aiacent to the railroad riaht-of-way and one at the northwest corner of Plannina Area A - 3. adjacent to A venl da Enci nas , These trai 1 heads shall include aooroDriate directional sianaae and identification. . The plan shall also include construction specifications. maintenance standards. and specifiv what partv(ies1 shall assume maintenance and 1 i abi 1 i tv resoonsi bi 1 i ti es. 16. On page 41 under "Affordable Housing", the language shall be revised as follows: In conjunction with the Density Bonus, additional incentives are also required to be granted to the density bonus applicant. For the Poinsettia Shores Master Plan, one additional incentive will be design modifications within any of the Planning Areas to the Planned Development Ordinance standards and/or other City policies. The modifications shall be either as set forth in this Master Plan or approved subsequently by the Planning Di rector+d City Engineer, and aDDr0Ved bv the California Coastal Commission. a e Carlsbad LCPA 1-94 Page 5 Adopted Suggested Modi fi cations/West Bati qui tos/Sammi s Properties Segment - .. -. " 17. On page-54, under "Master Plan Theme Elements", the language shall be revi sed as fol lows: ' ' The entries into Planning Areas A-1 , A-2, hCit~IhC4, B-1 , 8-2, and C wi 11 be manned or electronically guarded gates. This is intended to limit the access into the private portions of the Master Plan development area. 18. On page 82, under "Planning Area A-3"--Other Special Conditions, the language shall be revised as follows: Prior to the 4td~fr~g/s~/sttd~d~t~ issuance of bui ldina permits for any home dd~dtC~tlt~ld~fl~d~lit/~t/~t~~dtC/ttd~l within this plannina area,. construction of that portion of the Qublic trail which is within this Planning Area shall be completed. 19. On page 84, under "P1 anni ng Area A-4"--Design Criteria, the 1 anguage shall be revised as follows: In order to address potential vi sual impacts to the lagoon, specific architectural standards or designs must be proposed concurrent with the review of a planned development permi t/or tentative map for this planning area. These development standards shall address reduction of potential vi sual impacts through methods which may include but are not 1 imi ted to: use of sing1 e-story elements in architecture, percentage of single-story or single-story elements adjacent to the lagoon or bluff-top setback area, height limitations adjacent to the lagoon or bluff-top setback area, Cttl and desian considerations Such as architectural offsets and varied roof Ditches. Buildinq coloration wi 11 be subordinate to the adjacent laaoon hi 11 side and bui ldina materials wi 11 be comDati ble with the adjacent lagoon env i ronmen t . 20. On page 85, under "Planning Area A-4"--Other Speci a1 Conditions, the language shall be revised as follows: Prior to the issuance of bui lding permits for any home ddddtdifltd d~l/bd~rlL/6flbfl3rf~/ff~il within this ~lannina ar construction of that portion of the pub1 ic; trai 1 wh% is within this Planning Area shall be completed. 21. On page 11 1, under "Planning Area Gal--Other Special Conditions, the language shall be revised as follows: The development of this planning area shall include a pub1 ic access trai 1 $$$fCln which wi 11 be designed to 1 ink with the Master Plan' s trail system. Trail improvements must be installed prior to the issuance of anv bui ldina Dermi ts for this plannina area. 0 0 1 Carl sbad LCPA 1-94 Adopted Suggested ModificationsIWest BatiquitosISammis Properties Segment Page 6 d." 22. On pagel 15, under "P1 anni ng Area HI'--Other Speci a1 Conditions , the language shall be revised as follows: The development of this planning area shall include a pub1 ic access trai 1 fjdfddi which wi 11 be designed to 1 ink with the Master Plan's trail system. Trail imDrovements must be installed and dedication of the trail shall be acceDted by the Citv of Carlsbad if the Citv aarees and it adoots a Citvwide Trails Program that includes provisions for maintenance and liabi li tv. Otherwise. Drior to the issuance of any buildina permits. the obligation for acceptance, construction. maintenance. and liabilitv shall be the rewonsibility of another aaencv desianated by the Citv or the responsibilitv of the Homeowners Association. Upon acceDtance of the dedication. including maintenance and 1 i abi 1 i tv responsi bi 1 i ti es. and comDl eti on of the trail imDrovements. the trail shall be open for Public use. 23. On page 122, under "Planning Area L"--Design Criteria, the language shall be revi sed as fol lows: Design Criteria: PdYlitli~f6t~dfi~~l~ftdtf~tC~li~~lll~6flC~tCCdldl~Ci~~fl6fll2lfCCfl H6I~dtKi~~Id~dllIUCIdll6~Cdli~lf~iilAtCdf A1 1 development in this Area shall be consistent with the Batiquitos Lagoon Enhancement Plan. f~Cl~CtidiCfCtl~CdCiftid~lftdillij~fC~~~~~lllUClt~~~ftdtfCdli~lf~i~ AtCdf 9482A .vc - m -5 .M v) 0 I . -n E2 0 3 27