HomeMy WebLinkAbout1989-06-06; City Council; NS-71; Ord 9778 amend - BLEP Phase I single family lagoon edge lots...i-
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ORDINANCE NO. NS-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778 AND MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON EDUCATIONAL PARK TO ALLOW ACCESSORY STRUCTURES WITHIN THE REAR YARDS OF PHASE I SINGLE FAMILY LAGOON EDGE LOTS. APPLICANT: SAMMIS PROPERTIES CASE NO.: MP-175A
WHEREAS, the City Council of the City of Carl:
California held a duly noticed public hearing on May 16, 19E
consider Master Plan Amendment MP-175A to the Batiquitos Lz
Educational Park to allow minor accessory structures withir
rear yards of all Phase I bluff edge single family lots; and
WHEREAS, as a part of that hearing the City COI
considered the recommendations of the Planning Commissio
Resolution No. 2767 on file with the City Clerk and incorpol
by referenced herein recommending the approval of a negi
declaration and the Council finds that the addition of I
accessory structures in the rear yards will not have
substantial adverse environmental effects,
Now, therefore, the City Council of the City of Carl:
California does ordain as follows:
SECTION I: That the negative declaration as recomml
by the Planning Commission in Resolution No. 2767 is approvec
that the findings and decisions made by the Planning Directo:
the Planning Commission in that matter are the findings
decisions of the City Council.
SECTION 11: That amendment MP-175A to the Batiq
Lagoon Educational Park is approved as recommended by the Pla
Commission in Resolution No. 2768 marked Exhibit rrArr att
hereto and made a part hereof. The findings and conditions of
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resolution with the additions contained in this ordinance are
findings and conditions of the City Council. 1
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SECTION 111: That Ordinance No. 9778 approving Me
Plan MP-175 for the Batiquitos Lagoon Educational Park is am€
by the adoption of an amendment to the Master Plan as shown on
!j I( exhibits marked IIRevised Exhibit BI' and "Revised Exhibit C" d
6 11 March 15, 1989 attached hereto and made a part hereof.
7 ll SECTION IV: The City Council's approval of Master
a amendment MP-175A shall also be subject to the following additi
condition: 9
10 1. The City Council has determined that the orig
l1 I1 development approval and landscaping plan was not adequatt
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9., mitigate the visual impact of the houses along the lagoon edg
<%ng
mitigate that impact the applicant shall install additional t S>S
particular in regard to the views from Interstate 5. In orde
ow
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>m< l5 and landscaping within the bluff edge trail to the satisfactic
zosa qsy the Planning Director. The applicant shall also install additi
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to install and maintain trees and get prior approval by the 25
this amendment shall only be allowed if the property owner ag 24
then the accessory structures within the rear yards permitte 23
the trees in the trail are not approved by the Coastal Commis 22
maintain those trees in order to mitigate the visual impacts. 21
the other bluff edge homes and encourage them to install 2o
applicant shall also make similar trees available to the owner l9
and 12 which he owns as required by the Planning Director. l8
trees within the rear yards of the bluff edge lots 19 throug:
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Planning Director of a landscape plan for the rear yard w
includes the trees.
EFFECTIVE DATE: This ordinance shall be effectiveth
days after its adoption, and the City Clerk shall certify to
adoption of this ordinance and cause it to be published at 1
once in the Carlsbad Journal within fifteen days after
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 23rd day of May
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 6th day of June
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L,
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY
~ ATTEST:
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LkGG RPG ALETHA L. RAUTENKRANZ, City @lerk
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e 0 EXHIBIT "!
PLANNING comrssxm RESOLUTION NO. 2768
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MASTER
PLAN 175(A), TO AMEND EXISTING MASTER PLAN 175 TO ALLOW
MINOR ACCESSORY STRUCTURES WITHIN THE REARYARDS OF ALL
PHASE I SINGLE FAMILY LOTS (PLANNING AREA "C") LOCATED
ON THE WEST AND SOUTH SIDES OF NAVIGATOR CIRCLE ALONG THE SOUTH FACING BATIQUITOS LAGOON BLUFF EDGE AND OVERLOOKING THE DESILTATION BASIN. APPLICANT: SAMMIS PROPERTIES CASE NO. : MP 175lA)
WHEREAS, a verified application for certain property, to
All of lots 1, 2, 3 and 4 of Parcel Map No. 13653,
together with a portion of the west half of Section 33,
Township 12 South, Range 4 West, SBBM, all in the city of Carlsbad, County of San Diego, State of California.
has been filed with the City of Carlsbad, and referred to
Planning Commission: and
WHEREAS, said verified application constitutes a reques
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 5th day
October, 1988, the 2nd day of' November, 1988, the 16th da]
November 1988, the 4th day of January, 1989, and the 15th da:
March, 1989 hold a duly noticed public hearing as prescribec
law, to consider said request: and
WHEREAS, at said pubic hearing, upon hearing and considel
all testimony and arguments, if any, of all persons desiring
be heard, said commission considered all factors relating to
Master Plan: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hea the Commission recommends APPROVAL of MP 175(A), based c
following findings and subject to the following condit
Findinas:
1. The Master Plan Amendment is in compliance with the i and purpose of the original 45 foot structural se requirement because through the incorporation of spe accessory use limitations and structural height
encroachment design guidelines, for such accessory
biological and visual impacts to Batiquitos Lagoon wi. avoided. In addition, the project applicant has dedic
to the City an easement over the 45 1 setback area, thr enabling the City to clearly regulate accessory uses al: within this setback area.
2, This project will not cause any significant environmc impacts and a Negative Declaration has been issued by Planning Director on November 2, 1988 and recommended approval by the Planning Commission on March 15, 1989.
approving this Negative Declaration the Planning Conunir
has considered the initial study, the staff analysis,
required mitigation measures and any written corn
received regarding the significant effects this projectc
have on the environment.
3. The Master Plan Amendment is consistent with the Carl General Plan and with Section 21.38.120 of Title 21, ti
regulates amendments of Master Plans.
Conditions
1. Approval is granted for MP 175 (A) as shown on Exhibits and trCrr, dated March 15, 1989, incorporated by reference
on file in the Planning Department. All conditions of MF
and of Planning Commission Resolution No. 2485 are he
incorporated except as modified by this resolution.
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1 that the Grant Deed approved by City Council (Resolution
1 2. This amendment to MP 175 is approved subject to the condi.
. 88-290), establishing a 45 foot open space easement along Batiquitos Lagoon bluff edge be modified to: (a) i include bluff edge lots 2-5 of CT 85-14 and (b) permit wi. the 45 foot setback/open space easement those minor acces: structures identified within this amendment (as shown
~ Exhibit tlBrt, dated March 15, 1989) .
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I PC RE80 NO. 2768 -2-
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~ 3. The lagoon public access trail as shown on Exhibits IIA1#
~ dated March 1, 1989 is approved, subject to the approv , the California Coastal Commission, Any trail revi
mandated by the California Coastal Commission and app by the City of Carlsbad's Planning 'Director will necess that the trail plan be redesigned by the project appli
4. Approval is granted for MP 175(A) subject to.the approv' a Coastal Development Permit Amendment consistent with Amendment and subject to the condition that a lagoon pi
access trail, as shown on Exhibits 11A19-11B11, dated Marc
1989, incorporated by reference and on file in the Plal Department, is designed, constructed and maintained b! project applicant. This public access trail, or pori
thereof, as approved by the Planning Director, shal constructed prior to the issuance of a building permit
or construction of accessory structures within the reaq of the bluff edge dwelling units within Planning Area 'I(
MP 175. If the California Coastal commission approves
construction of any rearyard minor accessory structures identified in Exhibit B, dated March 15, 1989, prior ta
construction of the lagoon public access trail, then the
of Carlsbad will require that Sammis Properties shall prc
to the city an adequate bond, letter of credit, or c
appropriate security for the construction of this tx prior to the initiation of construction Of any of t
approved rearyard structures. ~ i
5. MP-175(A) is approved subject to the condition that t] foot high wrought iron fence proposed along the lagoon
of the public access trail be increased to a height (
feet, Or that Some other adequate barrier, as approved by Planning Director be provided by the project applicant in place.
18 1 6. MP-l75(A) is approved subject to the condition that
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lagoon trail public parking lot, as shown on Exhibit '
site, subject to the approval of the Planning Director. acceptable new location for this lagoon trail and pul parking (6 spaces) shall be identified prior to
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initiation of construction of the lagoon trail. 21
I dated March 1, 1989,'be relocated to some other area of
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PASSED, APPROVED AND ADOPTED at a regular meeting o
Planning Commission of the City of Carlsbad, California, he
the 15th day of March, 1989, by the following vote, to Wit:
AYES : Chairman Hall, Commissioners: Schramm,
NOES : commissioner McFadden,
ABSENT: None.
Schlehuber, Holmes, Erwin & Marcus.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
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ATTEST :
MICHAEL J. MLZM~~LER PLANNING DIRECTOR
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REVISED
EXHIBIT "Bll
DATED KARCH 15, 1989
CHAPTER IV - PROJECT DEVELOPMENT STANDARDS,
SECTION B - SPECIAL PLANNING AREA DEVELOPMENT
STANDARDS: PAGE 33 PRESENTLY READS AS:
I_ Setbacks: All structures shall be setback a minimum of between 45' and 50' from the south facing Batiquitos Lagoon bluff edge.
Amended Page 33 shall read as:
Setbacks: All structures with the exception of those structures or
uses described below, shall be setback a minimum of between 45' and
50' from the south facing Batiquitos Lagoon bluff edge.
(A) Landscaped Wood Trellis - to be constructed by the
developer, as shown on approved building plans for the
model units. Specific dimensions of the trellis shall
be: (1) a maximum height of 9'6'' from the finished grade
of the lot upon which the trellis is to be located; (2)
a maximum width of 8' from the outside edge of the posts
supporting the trellis; and (3) the trellis shall not
extend out more than 8' from the exterior of the rear
wall of the residential structure.
(B) The following structures or uses are permitted to be
constructed within 15' of the exterior of the rear wall
of the residential structure, provided that: (1) the
uses are located a minimum of 3' (excluding spas which
shall be a minimum of 5') from the Batiquitos Lagoon
bluff edge (either manufactured or natural, whichever is
closest to the residential structure); and (2) the uses
do not exceed a height of 36" above the finished grade
of the lot nor require excavation of greater than 36"
below grade.
1) spas (maximum 10' in diameter)
2) barbecues
3) planters
4) garden walls
5) spa equipment enclosures
(C) The following structures or uses, provided that they dc not exceed a height of 1O1I above finished grade, are
permitted to be constructed within that area of any lot
between the exterior rear wall of the residential
structure to within 3' (excluding spas which shall be E
minimum of 5') from the closest bluff edge (natural or
manufactured) or the inner edge of the 10 foot trail easement (see I'D'' below) .
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1) decks
2) spas (maximum 10' in diameter)
3) patios and hardscape
(D) As shown on Exhibit llC1l, dated March 15, . 1989, tl
project applicant shall be required to construct tl
following:
1) A .five-foot wide lagoon public access tra.
(constructed of decomposed granite) to be locatc
within a 10 foot wide trail easement, dedicated 1
the applicant to an appropriate State or loci agency or nonprofit organization.
2) A uniform wrought iron fence (maximum 4' high on tc
of a solid block barrier, one foot above grade) a]
located at a distance of 10 feet from the southe:
perimeter of the easement for the lagoon publ.
access trail.*
3) A uniform wrought iron fence (m,aximum 3' high) ai located along the southern perimeter of the lagoc
public access trail or on downhill side of tra along desiltation basin, whichever applies.
Note: The restrictions on accessory structures noted above app: to the 45 to 50 foot setback area overwhich the deed restrictiol
apply. SEveral bluff top structures are setback a greater distanc
than 50 feet from the natural bluff edge. Any accessory structurc
or structural additions or modifications in the rearyard betwec
the structure and 45-50' setback will require City and possib:
Coastal Commission approval prior to construction.
* In the area adjacent to the desiltation basin at the wester
portion of Planning Area "C", the trail may (if approved by t
California Coastal Commission) be placed along the lower slopes
depicted on Exhibits 'IA1' and IrBV1 dated March 15, 1989. If t
trail is so located, then a fence as noted above may be placed 1
inside the rear property line (to accommodate a 10' draina
easement) in-lieu of the up-slope fence required for the trail (
so approved by the California Coastal Commission).
There are general different blufftop/lot configuration rccnarlos as dcpi In the diagrams below. a e
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SETBACK AREA
C 1 I I
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0' 8' 15'
t<t v EXII I8
Oil I ED MH
Ordinance
-L LAQOON
SETBACK AREA c i
t
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11 I II I I
I 'Maximum I' high w fence over 1' hlg to be.,constructed
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Ill I"
- 0' 8' 15'
I 44flaxlmurn 3' hlgh VI fence to be constr
LAGOON
SETBACK AREA
C I 1 1 I I I I I
Ill I 0' &* I;'
Note: These restrictions apply to the 45-50' setback area described in the Coastal Permit, Master Plan and deed restrictions. Onslots where the structure is setback greater than SO', accessory structures, structural modifications, and/or additions will require approval of the City and possibly the California
Coastal Commission.
LAGOON
ACCESSORY USES PEWITTED
SETBACK IUP 10 3' fnm
AREA "c' YIIIIIAClLilED 0 "8' (15') 'A' (8')
AlUFF EDCE MA
EKE OF THC I(
IASLMfMl WIC.
ClOSfQ TO 51
Landscaped Trellis Spas 1. Max 9'6" tit. Decks Barbecues
Garden Wall s bldg plan.
P1 anter Boxes 2. Per approved Spas (shall
defined abovc from the edgc
3. Anything per- Spa Equipment Patios mitted in Areas Enclosures "B" & "C". 1. Max 36" Ht. Hardscape
2. Anything I. Max 10" H permitted
in Area "C" .