Loading...
HomeMy WebLinkAbout1994-07-06; Planning Commission; ; CT 94-01|HDP 94-03 - PQINSETTIA SHORES MASTER TENTATIVE MAPAPPLICATIONQ>MPLETE DATE: CT/HDP - MARCH 30. 1994 PROJECT PLANNER: ERIC N. MUNOZ STAFF REPORT DATE: JULY 6, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 94-01/HDP 94-03 - PQINSETTIA SHORES MASTER TENTATIVE MAP Request for the approval of a Mitigated Negative Declaration, a Master Tentative Map and Hillside Development Permit to (1) subdivide land on the master plan's east side into ten lots (eight planning area lots and two open space lots), (2) mass grade the site, and (3) construct the Avenida Encinas roadway and other required infrastructure to allow the implementation of the Poinsettia Shores Master Plan on PC (Planned Community) zoned property located north of the Batiquitos Lagoon and west of the 1-5 freeway in Local Facilities Management Zone 9. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3677 APPROVING the Mitigated Negative Declaration, and ADOPT Planning Commission Resolution Nos. 3678 and 3679 APPROVING CT 94-01 and HDP 94-03 based on the findings and subject to the conditions contained therein. II.PROJECT BACKGROUND AND DESCRIPTION Kaiza Poinsettia Corporation is requesting approval of entitlements that will allow the implementation of the Poinsettia Shores Master Plan, MP 175(D), GPA 91-05, LCPA 91-02 and LFMP 87-09(A), approved by the Carlsbad City Council on January 4,1994 and by the California Coastal Commission on May 12, 1994. The next step to implement the master plan is to subdivide the master plan property, mass grade the site and construct required public improvements (Avenida Encinas roadway and drainage facilities). The proposed tentative map is a master tentative map that subdivides the subject property into eight planning area lots and two open space lots. Rough sheet grading is also proposed so that only final finish grading will be required with individual planning area development proposals. No dwelling units or specific planning area site plans are involved with this master tentative map. Individual planning area proposals will be reviewed after master tentative map approval. A Hillside Development Permit (HDP) is required because the eastern edge of the master plan site is a hillside area that is part of the proposed mass grading and is C^ ,-r-wi/4^ 7-r-v^ POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 2 subject to the City's Hillside Development Ordinance with regards to grading quantities and cut/fill slope heights. Exhibits "A" - "D" reflect the proposed master tentative map including the large lot subdivisions, the proposed mass grading, the Avenida Encinas roadway and a desiltation basin on the west side (of the railroad tracks) of the master plan. Exhibits "E" - "P" are the constraints exhibits for the site. Exhibits "Q" - "S" are open space exhibits that show in detail a blufftop open space lot that will be a public open space right of way area for a trail segment within the master plan. The HDP exhibits including slope analysis and cross sections are shown on Exhibits "T" - "X". The landscaping associated with this master tentative map/HDP is shown on Exhibits 'Y1 - "Z". The general topography of the Poinsettia Shores master plan site is mostly flat with slight topographic undulations on both sides of the railroad tracks. Two exceptions are (1) the bluff and slope areas adjacent to the Batiquitos Lagoon which have already been dedicated as permanent open space, and (2) the hillside area on the eastern perimeter of the site between the existing Windrose Circle roadway and the 1-5 freeway. The site has been previously disturbed through past agricultural and flower growing activities. No sensitive plant or animal species are associated with the site. Environmental impacts from subdividing and mass grading the land are minor and mitigation measures are imposed to reduce any impacts to insignificance as discussed in the Environmental Review section of this report. The site now remains vacant with the exception of the Rosalena single family subdivision and Windrose Circle. The proposal is consistent with all applicable land use designations, coastal designations and policies, local facilities provisions per the City's Growth Management Ordinance and will allow implementation of the Poinsettia Shores Master Plan and subsequent planning area level proposals. A brief summary of the entitlements being requested is provided below: Master Tentative Tract Map: As shown on Exhibits "A" - "D", dated July 6, 1994, the master tentative map proposes to create eight large, single lot planning areas and two open space lots on the master plan's east side. The Avenida Encinas roadway will be constructed in compliance with the alignment approved with the Poinsettia Snores Master Plan. This involves an alignment of the roadway over the eastern portion of the master plan, a bridge over the railroad tracks and a new intersection with Carlsbad Boulevard. Portions of existing Windrose Circle, not needed for this or future development, will be vacated on the final map. As required by the Local Facilities Management Plan documents for Zone 9 and the City's Master Drainage Plan, a desiltation basin is also proposed for the west side of the master plan. No dwelling units are proposed with this master tentative map. CT 94-01/HDP 94-03 ^ POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 3 The proposed 328,000 cubic yards of mass grading balances onsite and primarily involves the excavation of dirt from the hillside area of the site on the eastern edge to supply the material for the roadway embankments. Elsewhere on the site, the mass grading will even out the site and remove topographic undulations to allow for finished grading to be proposed with individual planning area development proposals. No alterations will be made to the sensitive lagoon slopes or bluff areas. Full public improvements, including streets, sewer and water lines, and a storm drain system, will be required within the subdivision's boundaries. In addition, there will be no grading within the public right of way located on the blufftop adjacent to the lagoon. This public right of way measures up to 50 feet wide on the south facing edge of the bluff and is designated for a public access trail with some amenities (viewing areas, etc.) per the Poinsettia Shores Master Plan. This area is referred to as Lot 10 on the master tentative map and is depicted with cross sections on Exhibits "Q" - "S". Hillside Development Permit: The hillside development permit is required for the grading operations due to the sloping, hillside topography of the site's eastern portion. This hillside area is reflected in the project's constraints mapping (Exhibits "E" - "P") as well as the slope analysis required by the Hillside Development Ordinance (Exhibits "U" and 'V). No significant topographical features exist in the area and slope areas over 40 percent are mostly confined to the lagoon slope areas and not the area proposed for mass grading. The former master plan (Batiquitos Lagoon Educational Park) had a similar yet more intensive grading concept approved where the hillside was to be cut into for the roadway/embankment material. No dwelling units or planning area site plans are proposed with this HDP; only compliance of the grading operation to hillside development regulations is involved. The hillside area of the site (Lot 9 on the master tentative map) is designated in the master plan as planning area "C" (a multi-family planning area) and requires a Hillside Development Permit for the review and approval of structures and crib walls as part of the planning area's specific development proposal. III. ANALYSIS The findings required for the approval of a tentative map and hillside development permit are found in sections 20.12.091 and 21.95.030, respectively. The project is in compliance with the West Batiquitos Local Coastal Program and will require a Coastal Development Permit prior to final map approval. The detailed findings for each permit are listed in the attached resolutions, therefore the following analysis provides an overview of the pertinent criteria. Cv,x 7-r-w.L,^. 7-r-v,., POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 4 1. Is the proposal consistent with the goals and objectives of the various elements of the General Plan? Is the proposal consistent with the Poinsettia Shores Master Plan? 2. Is the proposal consistent with all applicable provisions of the Carlsbad Municipal Code including Title 20 (Subdivisions) and Chapter 21.95 (Hillside Development Ordinance)? 3. Is the proposal consistent with the Coastal Act and specifically with the provisions of the recently amended West Batiquitos Local Coastal Program? 4. Is the proposal consistent with the Zone 9 Local Facilities Management Plan documents assuring compliance with the City's Growth Management Program? DISCUSSION 1. General Plan Consistency The proposal is consistent with the various goals and objectives of the General Plan. The Poinsettia Shores Master Plan approval of January 4, 1994 included a General Plan Amendment (GPA 91-05) which established General Plan designations for the master plan property and found the master plan consistent with various elements and objectives of the General Plan. Therefore, this master tentative map/hillside development application is consistent with the General Plan since it will allow implementation of the approved Poinsettia Shores Master Plan. All subsequent individual planning area development proposals shall comply with the master plan. This application constructs a major roadway and subdivides the east side of the master plan to accommodate the residential land uses of the master plan. Housing Element and affordable housing compliance will be a part of the first development application that proposes dwelling units, and not this application. A brief summary of pertinent General Plan elements relative to this application is provided below: Circulation Element: The project will construct Avenida Encinas which is a Circulation Element roadway to a new intersection with Carlsbad Boulevard in the southwest quadrant of the City. This new intersection will require the removal of two mature Monterey Cypress trees. These trees will be replaced on the north side of the new intersection as part of this project's Mitigated Negative Declaration (and discussed further in the Environmental Review section of this report). This is also consistent with the Scenic Highways component of the Circulation Element. Open Space and Conservation Element: The project will not impact any master plan open space areas associated with the lagoon. A separate lot will be created (Lot 10) specifically for the bluff top public right of way to accommodate a public trail and related amenities. CT 94-01/HDP 94-03 POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 5 As required by this project's Mitigated Negative Declaration, full archeological and paleontological monitoring must be coordinated with the mass grading of this site. This is also consistent with the Cultural Resources component of the Open Space and Conservation Element. Land Use Element: The project will mass grade the site and provide infrastructure to allow the development of the residential portion of the master plan which is designated Residential Medium (RM). Future map submittals will propose dwelling units within residential planning areas of the master plan. 2. Municipal Code Consistency The proposed subdivision complies with all provisions of Title 20 - Subdivisions. All proposed lots will front on or have access to a publicly dedicated street designed to City standards. The existing and proposed water and storm drain systems are adequate to accommodate the proposed master subdivision and future residential subdivisions. The proposed lot configurations meet all requirements of the Subdivision Map Act and Section 20.16.110 of the C.M.C. regarding subdivision design. The tentative map is conditioned to provide all necessary circulation improvements. All other improvements and grading will be reviewed for consistency with the exhibits associated with this project at final map review, therefore the proposed subdivision complies with the provisions of Title 20. The portions of Title 21 applicable to this master tentative map/hillside development application are Chapters 21.38 (P-C Planned Community Zone), Chapter 21.90 (Growth Management), and Chapter 21.95 (Hillside Development Regulations). The underlying zone of the subject property is Planned Community (P-C) which requires a master plan to serve as the zoning document for the site (the approved Poinsettia Shores Master Plan). The project's consistency with the Growth Management Plan is discussed in a separate section of this report (Growth Management Compliance). Compliance with hillside regulations is discussed below. Hillside Development Ordinance The topography of the eastern edge of the project site triggers the requirement for a Hillside Development Permit, subject to Chapter 21.95 of the Carlsbad Municipal Code. As mentioned earlier, the balanced grading operation of 328,000 cubic yards will mass grade the site to accommodate planning area developments, drainage facilities and the Avenida Encinas roadway and associated embankments. Since no dwelling units are involved with this application, compliance centered on the proposed grading concept. This project complies with the Hillside Development Ordinance for the following reasons: (1) a slope analysis of the hillside topography has been provided (Exhibits "U" and 'V) as well as cross sections of the existing and proposed grades (Exhibits "W" and "X"), (2) there Cv,, 7-T-wi/n^r 7T-w^ POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 6 are no cut or fill slopes proposed that are greater than thirty feet in height (the highest cut slope is approximately 18 feet associated with the excavation of the hillside area of the site; the highest fill slope is approximately 16 feet associated with the fill of the Avenida Encinas roadway just west of the railroad tracks), (3) the project's overall grading volume of approximately 3,698 cubic yards per graded acre is well within the "acceptable" range of hillside grading per Chapter 21.95, and (4) the development of Lot 9 (planning area "C") will require another HDP to review hillside architecture, crib walls, etc. 3. Coastal Zone Compliance With the approval of the Poinsettia Shores Master Plan, a Local Coastal Program Amendment was included that established the coastal designations consistent with the City's General Plan as well as the master plan designations. This proposal for land subdivisions, mass grading and infrastructure is consistent with the West Batiquitos Local Coastal Program because it will allow implementation of the approved master plan for the site. Since no dwelling units are proposed, there are few coastal issues. No grading is proposed or allowed for sensitive lagoon/coastal resource areas or the public bluff top right of way adjacent to the lagoon. Exhibits "Q" and "R" show the blufftop public right-of-way area (Lot 10). Exhibit "S" contains cross sections of this area and shows how no grading is proposed for Lot 10. Approval of a Coastal Development Permit by the Coastal Commission is a requirement of final map approval for this project. Therefore, the project is in compliance with the Coastal Act and the West Batiquitos Local Coastal Program. 4. Growth Management Compliance The project area is contained within the Local Facilities Management Plan (LFMP) for Zone 9 in the southwest quadrant of the City. This plan was adopted in July, 1989, with an amendment approved on January 4, 1994 in coordination with the Poinsettia Shores Master Plan approval. Since no dwelling units are proposed, there are a limited number of public facility requirements and therefore, the standard assessment of facilities impacts and the Local Facilities Impacts Assessment Form is not applicable since most facility requirements are based on dwelling units. However, the project is required to construct major circulation and drainage facilities in conformance with Zone 9 LFMP documents and the City's Master Drainage Plan to accommodate the further implementation of the master plan. Regarding drainage facilities, as shown on Exhibit "D", the project proposes a desiltation basin on the site's west side. This area was approved for a basin with the former educational park master plan and is allowed in the master plan and LCP for the site subject to all applicable resource agency review and approval. With the master plan approval of January 1994, specific direction was given by the City Council to examine drainage alternatives to the westerly (of the railroad tracks) drainage alignment as required by the Zone 9 LFMP and the City's Master Drainage Plan. Therefore, as part of this project's C ~ ~. ,-,-„., i x-, w POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGE 7 environmental review, staff reviewed various westerly and easterly drainage alternatives from both an engineering and environmental standpoint. This analysis led to the conclusion that any easterly drainage alignment was not preferred to a westerly alignment for the following reasons: (1) any easterly alignment would require the demolition, reconstruction and ultimate expansion of the existing basin located just west of the existing Rosalena subdivision, (2) alteration/expansion of the existing basin will encroach into sensitive lagoon habitat area, (3) amendments to the Zone 9 LFMP and Master Drainage Plan would be required, (4) deep storm drains are involved with either alternative, however, the west side alignment has incrementally shallower storm drains, and (5) any easterly drainage alignment does not adequately account for the drainage associated with Carlsbad Boulevard and the Ponto Drive area. A biological report was prepared which compares the biological impacts of a west side basin vs. an east side basin and concluded that the west side basin has fewer biological impacts. The least tern site associated with the on-going Batiquitos Lagoon Enhancement Plan will not be impacted by the desiltation basin since both were mutually designed to not impact, or not be impacted by, each other. IV. ENVIRONMENTAL REVIEW The master plan site has a history of environmental analysis starting with a certified Environmental Impact Report (EIR), EIR 84-03, which addressed the more intensive (with regards to land use and traffic) former educational park master plan. More recently, a Mitigated Negative Declaration was approved with the Poinsettia Shores master plan approval. Most of the required mitigation resulting from EIR 84-03 has already been completed. As applicable, the remaining mitigation measures were incorporated into the master plan's Mitigated Negative Declaration. For this master tentative map, a Mitigated Negative Declaration was prepared that carries over relevant mitigations from the master plan level environmental review, along with additional mitigations resulting from the proposed project. At this time, the site is relatively free of environmental constraints with a few exceptions: (1) fugitive dust control is required with the grading operations to incrementally address regional air quality issues, (2) cultural resources may be present on the site in the form of archeological and paleontological resources and therefore requires close monitoring before and during grading operations, (3) the replacement of two mature Monterey Cypress trees with six 24 inch box minimum Monterey Cypress trees to maintain the scenic highway qualities of Carlsbad Boulevard, and (4) minor biological impacts associated with the west side's desilt basin. A biological report outlined the comparative impacts of a west side vs. east side basin and concluded the west side had far less impacts since lagoon/sensitive wetland habitat was not being encroached onto. The west side basin's impacts include an impact of approximately 0.18 acres of coastal sage and the need to transplant a small population of a List 4 sensitive plant species per the California Nature Plant Society (Southwestern spiny rush). The basin shown on Exhibit "D" reflects the proposed basin O~. ,-, _,. ___ X . ^ POINSETTIA SHORES MASTER TENTATIVE MAP JULY 6, 1994 PAGES _ _ design that will either be re-designed to avoid or reduce impacts; or be subject to mitigation. The above items are the focus of this project's Mitigated Negative Declaration and related mitigation measures which are attached to Planning Commission Resolution Nos. 3677 and 3678. Any potential environmental impacts resulting from this project are therefore reduced to levels of insignificance. The Mitigated Negative Declaration underwent standard State Clearinghouse review because of the project's coastal zone location. The public review period lasted from May 9 to June 9, 1994. One comment was received from Mr. Lou Taschner regarding drainage issues. His letter and the City's response letter are attached to this report. V. SUMMARY The master tentative map and hillside development permit applications are consistent with all applicable legislation and ordinances and is compatible with the project site. Approval of the project as proposed will allow the implementation of the approved Poinsettia Shores Master Plan. Based upon the required mitigation measures, no significant adverse environmental impacts will occur due to implementation of the project. Therefore, staff is recommending approval of CT 94-01 and HDP 94-03. ATTACHMENTS 1. Planning Commission Resolution No. 3677 2. Planning Commission Resolution No. 3678 3. Planning Commission Resolution No. 3679 4. Location Map 5. Background Data Sheet 6. Disclosure Form 7. Lou Taschner Letter, dated June 8, 1994 8. City's Response Letter to Mr. Taschner, dated June 28, 1994 9. Reduced Exhibits 10. Exhibits "A" - "Z", dated July 6, 1994. June 2, 1994 ENM:vd:lh City of Cirlskid LAJUSHORE GARDENS MOBILE HOME PA&K POINSETTIA SHORES MASTER TENTATIVE MAP CT 94-01/ HDP 94-03 LOCATION MAP City of CiHUid POINSETTIA SHORES MASTER TENTATIVE MAP CT 94-01/ HDP 94-03 BACKGROUND DATA SHEET CASE NO: CT 94-01/HDP 94-03 C CASE NAME: Poinsettia Shores Master Tentative Map APPLICANT: Kaiza Poinsettia Corporation REQUEST AND LOCATION: 1) Subdivision of land into 8 large planning area, lots and 2 open space lots; 2) mass grade the site: and 3) construct the Avenida Encinas roadway and other required improvements consistent with the Poinsettia Shores Master Plan located west of Interstate 5 and north of the Bariquitos Lagoon. LEGAL DESCRIPTION: Portions of Lots 1. 2. 3 and 4 together with portions of the street adjoining said lots, shown as Avenida Encinas. all as shown on Parcel Map No. 13653. in the City of Carlsbad. County of San Diego. State of California, filed in the office of the County Recorder of San Diego County. January 31.1985 as File No. 85-033316. together with Lots 1. 2 and 3 together with the street adjoining said lots, shown as Avenida Encinas. all as shown on Map No. 11290. in the City of Carlsbad. County of San Diego. State of California, filed in the office of the County Recorder of San Diego County. July 16.1985 as File No. 85-253280. together with Lots 1 through 78. 79. 80 and 81 together with portions of the streets adjoining said lots, shown as Avenida Encinas and Windrose Circle, all as shown on Map No. 11616. in the City of Carlsbad. County of San Diego. State of California, filed in the office of the County Recorder of San Diego County. September 12. 1986 as File No. 86-402404. APN: 216-140-25/27/30-33 Acres 90 Proposed No. of Lots/Units 10 Lots (Assessor's Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RM Density Allowed 4-8 du/ac Density Proposed N/A Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: Zoning Land Use Site PC Vacant/70 single family residences North RMHP Mobile home Park South OS Batiquitos Lagoon East TC Interstate 5 West Prime Arterial Carlsbad Boulevard PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) N/A Public Facilities Fee Agreement, dated January 17. 1994 ENVIRONMENTAL IMPACT ASSESSMENT _X Negative Declaration, issued May 9. 1994 (Mitigated Negative Declaration) Certified Environmental Impact Report, dated Other.ENM;v(j..1B Cf C* City of Carlsbad Department DISCLOSURE STATEMENT APPLICANTS STATEMENT CF C1SCIOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CfTY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR CO (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Kaiza Poinsettia Corporation Sea Bluff Associates, 2. 7220 Avenida Encinas Suite 200 Larisoad, CA a California general partnership Three Upper Newport Plaza Drive' Newport Beach, CA92660-2630 Owner List the names and addresses of all persons having any ownership interest in the property involved. Kaiza Poinsettia Corporation Sea Bluff Associates, 7220 Avenida Encinas buite a Caiirornia general partnership rnree upper Newport Piaza Drive LarisDaa, If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names arc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersn:? interest in the partnership. Saiga California, Inc. 7220 Avenida Suite 200 PA If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc aodresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Paimas Drive • Carlsoad. California 92009-^859 • (619) -138-1161 Disclosure Statement (Over) Page 2 5. Have you had more than 5250 worth of business transacted with any member of City staff. Boarcs Commissions, Committees and Council within the past twelve months? Yes No If yes. please indicate person(s) Person is defined aa: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate trust. receiver, syndicate. this and any other county, city and county, city municipality, district or other political luodrvision. or any otner jrouo or comomation acting a* a unit* (NOTE: Attach additional pages as necessary.) KAIZA POINSETTIA CORPORATION i- <6 <?y Signature or Owner/date Signature of app!icanty<jite Print or type name of owner Print or type name of applicant Sea Bluff Associates, a California general partnership By ITS GENERAL PARTNERS: B-L 130, Ltd., a California limited partnership Merrill Gerjeral Partner/ Hackett Management Corporation, corpor^tica Califo: FRMOXXD13 8/90 PROJECT NAME: Poinsettia Shores Master Tentative Map/Hillside Development Pennit FILE NUMBERS: CT 94-01/HDP 94-03 APPROVAL DATE: July 6. 1994 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 that this 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). Mitigation Measure Fugitive Dust Mitigation Paleontological Monitoring during mass grading Archeological Monitoring during mass grading Carlsbad Boulevard replacement of Monterey Cypress West side desiltation basin - bio-mitigations Monitoring Type On-going On-going On-going On-going On-going Monitoring Department Engineering Engineering/ Planning Engineering/ Planning Engineering/ Planning Engineering/ Planning Shown on Plans Verified Implementation Remarks **•!o o Q Explanation of Headings Type = Project, ongoing, cumulative. Monitoring Dept. = 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. "Ota RD-AppendxP ATTORNEY AT LAW June 8, 1994 OFFICE: (619) 722-4470 RES.: (61 9) 722-2336 1533 SOUTH HILL ST., SUITE D OCEANSIDE, CA 92054 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Comments concerning drainage contained in ENVIRONMENTAL REVIEW FOR KAIZA'S MASTER TENTATIVE MAP - CT 94-01/HDP 94-03 Dear Mr. Munoz; I have been representing Dale Schreiber concerning the 1 \ proposed alignment of the Master Drainage solution for what__\ has now become the PONTO BASIN. JUN a 9 TO CITY OF CARLSBAD DEPT. proj ect. The State Lands Commission and City of Carlsbad based on approved documents reserves review and approval of any DESILTATION BASIN. The comment concerning mitigation for the WEST SIDE DESILTATION BASIN for issuance of a grading permit does not include the City of Carlsbad. I have been unable to get from you or any other person the specific pipe alignment or desiltation basin design so that the impacts can be sufficiently analyzed or whether the 80" pipe can wind its way through or around the gas line, the utility cables in the area, or the three high pressure sewer lines coming from Leucadia. I object to the City of Carlsbad completing its review without consideration of the design of the WEST SIDE DESILTATION BASIN or alignment of the EIGHTY INCH PIPE which needs to be designed for upwards of 250 C.F.S. of drainage water entering the lagoon. '•' • The impacts of the desiltation basin include not only the ground upon which it will be located but the impacts of the spillway and piping system carrying the water into the lagoon as well as the water which will flow into the lagoon at a location which currently appears to be a feeding area for the birds. . As you will notice, the Biological Report considered only the physical location of the desiltation basin and not the remainder of the construction project needed to carry the drainage water to the lagoon. The report is incomplete and the statement in item #3 may be correct but the construction project for the desiltation basin to function will include construction into the lagoon's delineated z. wetland boundary. Whether there are other sensitive areas has certainly not been addressed in the report. The report for the eastern basin includes not only the berm but includes the concrete spillway and the downstream area adjacent to the lagoon. I am pleased to note that the biologist has identified a new growth of Coastal Sage upon the berm of the eastern desiltation basin which was created in or about 1984. Apparently/ Coastal Sage can be grown with only a natural —t watering process on a steep slope. With the proof of this process, I am assured that the any new berm could support a much larger area of Coastal Sage as the size of the western desiltation basin will be at least 4 times the size of the current eastern desiltation basin. •- —Mr. Schreiber does not have the monetary resources to continue to debate with the staff of City of Carlsbad concerning the alignment of the pipe and the location and O design of the desiltation basin. The person requesting that ^ the drainage alignment and desiltation basin be located in a particular location should have the obligation to present the complete information for review. In the event that the pipe alignment and desiltation basin location and design are produced, then and only then can the impacts for construction and the environment be M adequately addressed. Mr. Schreiber paid for an eastern pipe \ alignment and a probable design of the eastern desiltation basin and had the project costed. This alignment and costs associated therewith are attached as Exhibit A. Even though I have requested this information on many occasions, I have never been provided with a specific alignment or desiltation basin design so that the impacts associated therewith could be evaluated. Apparently you and the staff are prepared to recommend to the City Council of Carlsbad that the alignment and desiltation basin should be approved without the benefit of seeing the specific project. That precisely has been my debate with the staff for the last two years and my position has not changed. I implore you to require the specifics of this project not only because of the impacts of construction and the environment but also because of the large bermed reservoir needed to create the desiltation basin adjacent to 101 and the Least Tern Site. RespectfuJ_ly Submitted VCiA—_ Lt)UIS APPROVED BY DALE SCHREIBER PREP:29JUN92 COST KNflLYSIS OF flLTERNftTE STORM ORRIN fM-IGNMEHT flS COMPARED TO STORM DRflIN 'Oft' IDENTIFIED IH CITY OF CflRLSBflO CDRflFT] "MflSTER DRfllNflGE and STORM UflTER CUflLlTY MflNflGEMENT PLflN', SflN MflRCOS CREEK SflSIN - NODE 820.09 TO S20.16 ITEM DESCRIPTION 8 75- RCP 9 REPflUING 75' RCP 10 -a- RCP 11 REPflUING 78' RCP 12 ei" RCP 13 REPflUING 81' RCP 14 CLEflNOUTS 15 CflTCH BflSINS 16 HEflD UflU.3 17 SEDIMENTflTlON BfiSIN EXTRfl DEPTH TRENCH/SHORING UNIT L.F. L.F. L..F. L.F. L.F. UF. EftCH EflCH EftCH - L.F. UNIT PRICE S206.00 S30.06 S213.00 130.89 S21B.OO 131.69 S3.0SO.OO S7.040.00 S2.500.00 L.S. PER ORftFT PLRN OUflN. 210 60 1840 260 : 106O .. - 900 7 18 1 - $38.00 : 0 COST S43.260 SI. 804 $391,920 SS.029 •231.080* S28.521 821,330 f 126. 720 S2.500 S126.059 SO : PER flLTERNftTE flLIGh : QUflN. 1660 0 : 1250 : 0 : 0 0 - : 6 18 : 1 : : 1250 COST S341.960 ' SO J266.250 SO SO SO •18,300— S126,720 ; S2,poo •;. •70,000 •47,500 SUBTOTAL S981.242 SS73.230 •,>£>/•• -.«37 vM^Mf'&xj. 5^S EASEIIENT NOTES: SESS' • t* HIM I/If/If •/>•/>• •K 111*. M M*.0> •/•/•!* mi M m.oi u/u/**•* act. M 1*1.01 •/!•/•* •» UN. M «M 01 /U/M «.ML «m* IB IMJM.O* •/•/•) »H. N tttMIH I/"/'? •S>M4l»JH T/1C/M M~W2J».a* »/'•/•• •v-oMia7.au i/M/w » l«. M«lt •/'*/•• r/H n-oMiMXH r^i •*-•*• II>.M I. OTTO <D CMM S LOT 10 BENCHMARK: C.T. 94-01 SHEET 1 OF 4 SHEETS MASTER TENTATIVE MAP FOR POINSETTIA SHORES C.T. 94-01 H.D.P. 94-03 LEGEND: gg j wo 1 DESCRIPTION: M I.OIS M «« TOCCnCH, "• ft MOM* IMQMd M«OKU. *A M fcC»«i Ok ^L*° '»•'•• OlCtMOO KTfCMOD^U IM« OMm w A"wSt"mif^&3JS!5* *"•*"* ^ CIVIL ENGINEER/LAND SURVEYOR: OWNER/SUBDIV1DER: •MMmo (•a Oil I *U»I)>' Jsa SUWHI in-.);^"^ !>•« »MMI « an C .•DDK. **X >» «0 OC 0. CONTWX IMU EXHIBIT "A" JULY 6' 1 733 _ w *i -»jp t ^v r A jf m * nmcu. SICTIOM - onsiwM mNonosr*xo »nmcu iHCuua OM-SITT onuci X X > - jvrmm r»cim5o»cu ro uvwa) SHEET 2 OF 4 SHEETS n>w*MG «MA •-! M* (*-• OU/«C) MM.ear"-" *•* 1MU r*M.fCUM* MCMCS(PUJi M» OCMffl «• «r Mem #UM) S3SUT ,»MNIIP) M m.m *MI «tows HP TOTAL EARTHWORK ANALYSIS: **T9 «•.<! \Ot N (MKA-C-3) V ^~r <^ (NORTH OF *V£HIDA CNClNAS) SfCTKM - fOHTO DAlVt (SOUTH Of AVCNIOA BENCHMARK: MO OXT SOUIM or souni twmt •fCOW "KM WWIH COWMTY SOmut COMlNOL OtM•OOK. MCI 119 MO OC 0141 IUMIION: MM* MSl EXHIBIT "B" JULY 6, 1994 SHEET 3 OF 4 SHEETS EXHIBIT "C" JULY 6, 1994 SHEET 4 OF 4 SHEETS BFNCH1IARK: EXHIBIT "D" JULY 6,