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HomeMy WebLinkAbout1988-06-21; City Council; 9476; Grading Mitigation Plan Area C Sammis Project Batiquitos Lagoon Educational ParkCl- OF CARLSBAD - AGENI-, BILL I I3 - w lB# 94% TITLE: GRADING MITIGATION PLAN FOR DEPT. HD. UITG. 6114188 AREA "C" OF SAMMIS PROJECT (BATIQUITOS LAGOON EDUCATIONAL PARK) B CITY Al-W )EPT. PLN CITY MGR%@@ RECOMMENDED ACTION: , The Planning Commission and staff are recommending that the City Council accept the grading mitigation for area 11C8# of the Batiguitos Lagoon Educational Park (BLEP) as amended by the Commission. ITEM EXPLANATION Early this year the City became aware of potential grading discrepancies on lots 2-24 of Area 1'C18 in the BLEP Master Plan area. A field survey indicated that the grading near the south bluff was "technically" in compliance with the Master Plan. Staff felt however, that the intent of the Master Plan, as negotiated with the developer, was being violated because the pads were being elevated by three to eleven feet without provision in the Master Plan (the Master Plan contained no language either allowing or disallowing increases in pad height). Staff met with Sammis and with a number of concerned citizens regarding the grading problem. The Master Plan did not give the City the authority to make the developer tear out the elevated lots because the City approval did not strictly prohibit them. As a result the concerned citizens, staff and the developer worked on a mitigation plan. There were two constraints that had to be considered in determining how much each lot could be lowered; the existing street elevation of Navigator Circle and the elevation of the existing sewer trunk line. If lots were lowered too much the driveways wouldn't work or the sewer would no longer flow by gravity. In summary, the mitigation plan recommended lowers lots lo-20 between 7.7 and 3.5 feet. In addition lots 15, 16 and 17, which were originally three, 2 story units, were consolidated into two, 1 story units creating a loss of one unit. These lots were chosen for the reduction in building height because they are the most visible from I-5 and from across the lagoon. On May 20, the Planning Commission reviewed this mitigation plan and recommended unanimously that Council adopt it as presented with one addition. The Planning Commission recommended that all roof run-off on these lots be channeled towards the street. For further information and the precise lot mitigation please see the attached staff report to the Planning Commission. . - - Page 2 of Agenda Bill No. 44% ENVIRONMENTALREVIEW An EIR was prepared for the entire project and certified by Council in 1985. No additional review is necessary for the proposed mitigation plan. FISCAL IMPACT There will be no major fiscal impact to the City of Carlsbad. Some staff time was utilized in developing the mitigation plan and some property tax money will be lost due to the deletion of one unit. EXHIBIT 1. Staff Report to the Planning Commission dated May 18, 1988 DATE: TO: FROM: SUBJECT: I. That the INFORMATION ITEX MAY 18, 1988 PLANNING COMMISSION PLANNING DEPARTMENT RESOLUTION OF GRADING ISSUES ASSOCIATED WITH THE PHASE ONE SINGLE FAMILY DWELLING UNITS (PLANNING AREA "C") OF THE BATIOUITOS LAGOON EDUCATIONAL PARK RECOMMENDATION Planning Commission ADOPT a minute motion APPROVING the grading and product type revisions for the bluff edge, phase one single family dwelling units (Planning Area "C") of the Batiguitos Lagoon Educational Park. II. BACKGROUND AND DISCUSSION At the request of the San Diego Regional Coastal Commission staff, this item was continued from the April 20, 1988 Planning Commission hearing. Since that time, City staff has met with Coastal staff to discuss this proposed grading/product type revision resolution for Planning Area "C" of the Batiquitos Lagoon Educational Park. The grading/product type revision supported by both City and Coastal staffs is discussed below. In early February of 1988, City staff became aware of potential grading discrepancies on bluff edge single family lots 2-24 in Planning Area "C" of the Batiquitos Lagoon Educational Park. (See Exhibit "A".) Planning Area "C" is located along the north shore of the Batiguitos Lagoon. Staff reviewed the grading plan and tentative map (CT 85-14) and determined that the bluff edge lots in question are in technical compliance with the approved Batiguitos Lagoon Educational Park Master Plan. However, it was staff's opinion that the intent of the Master Plan development standards had been compromised. Specifically, the Master Plan and Coastal Permit required that the proposed dwelling units be setback a minimum of 45 feet from the existing bluff edge. There is no condition that specifically prohibits grading within the 45 foot setback including the use of fill material to elevate the pads above the existing bluff edge. However, staff felt that increasing the grade on these lots violated the intent of the 45 foot setback, in so much as this setback was negotiated for purposes of providing a visual buffer between these dwelling units and the lagoon. In summary, elevating these lots and homes above the original bluff edge defeated the original intent and purpose of the 45 foot setback. Staff immediately notified MAY 18, 1988 BLEP INFO PAGE 2 Sammis Properties of this concern and began negotiations to resolve this grading issue. Staff has also had several meetings with interested citizens who expressed concern over this grading issue. One of the meetings, which was conducted onsite, verified that all bluff edge homes could be setback the required 45 feet from the original bluff edge. However, it was also confirmed that additional fill material (between 3 and 11 feet) had been placed on Lots 10 through 24 along the bluff edge. Subsequent this field investigation, staff set up meetings with Sammis Properties to negotiate a solution to this issue. During negotiations, it was agreed upon that the mitigation of this issue would have to take into consideration two existing site constraints including: (1) the existence of the newly constructed roadway frontage street (Navigator Circle) and; (2) the minimum pad elevation which would be required to provide sewer service to lots 21 through 24 through a aravitv flow. With regard to these two constraints, it was determined that: a) the lots fronting along Navigator Circle could not be graded below an elevation whereby vehicle access into the driveways from Navigator Circle would be precluded, and b) lots 21 through 24 should not be regraded because lowering of these lots would necessitate the installation of a sewage pump station. Given these two constraints, staff recommended that Sammis Properties consider the following mitigation measures in the proposed redesign: (1) Regrade lots 10 - 20 to lower them as much as possible to the original bluff edge elevation, and (2) Incorporate more one-story units along the bluff edge. In accordance with these recommendations, Sammis Properties has submitted a mitigation plan which includes the following revisions: Lots 10 - 24 were lowered as much as possible (between .7 and 3.5 feet) while still allowing for vehicle access and sewer service without a pump station being installed. Lots 15, 16, and 17, which originally were proposed for three two-story dwelling units, were consolidated into two one-story units. MAY 18, 1988 BLEP INFO PAGE 3 Exhibit aB,t includes a lot by lot analysis of the mitigation program. Exhibit rtC" is the revised grading plan. In conjunction with these proposed revisions, Sammis Properties is required to prepare and submit for review a landscape plan which will buffer the proposed dwelling units from view points across Batiguitos Lagoon and along I-5 and Carlsbad Boulevard. Staff has reviewed this mitigation plan with the concerned citizens of Carlsbad and the Coastal staff and is satisfied that the plan adequately addresses the identified grading issue. In accordance, staff recommends that the Planning Commission approve the grading and product type revisions for the bluff edge, phase one single family dwelling units of the Batiguitos Lagoon Educational Park. The San Diego Regional Coastal Commission staff also supports this grading and product type revision for Planning Area "Cl'. However, the Coastal staff has indicated that their support of this mitigation plan is contingent upon Sammis Properties submitting for review by City and Coastal staffs an enhanced landscape plan to include adequate specimen trees within the 45 foot setback area, to visually screen these dwelling units. Coastal staff also indicated that this grading and product type revision will require a Coastal Permit Amendment, but that this amendment shall not be considered until other issues of concern within Planning Area "Cll i.e within this 45 foot setbaLk a&, uses which may be permitted are resolved. City staff is currently discussing with Sammis Properties what uses (structures) may be permitted within this 45 foot setback area. With regard to this issue, Sammis Properties will need to process a Master Plan Amendment which staff will bring forward to Planning Commission when resolved. ATTACHMENTS 1. Exhibit IrAm, Tentative Map showing Lots 2-24 (previously distributed) 2. Exhibit nBlt Lot by Lot Mitigation Plan 3. Exhibit 11 &I (previously d&t~?~~~~~) Grading Plan showing Lots 7-24 CDD:dm 4/l/88 EXHIBIT "B" IDI! BY IDT MITIGATION PLAN 1. 2. 3. Lot 10 (two-story) has been regraded to: lower pad .78 feet lower rear yard .70 feet This lot drains toward the street. Lot 11 (two-story) has been regraded to: lower pad 1.26 feet lower rear yard 1.4 feet This lot drains toward the street. Lot 12 (two-story) has been regraded to: lower pad .9 feet lower rear yard 1.5 feet This lot drains toward the street. These three lots will be below the top of the bluff. 4. 5. 6. Lot 13 (one-story) has been regraded to: lower pad 3.5 feet This lot daylights (meets the top of the slope) at the midpoint of the lot. Lot 14 (one-story) has been regraded to: lower pad 2.6 feet lower rear yard 3.5 feet Overall, the existing slope is 3.5 feet less than previously graded. Lot 15 (one-story) has been regraded to: lower pad 2.8 feet lower rear yard 3.8 feet This. lot was formerly approved with a two-story product. Overall, the existing slope is 3.8 feet less than previously graded. 7. Lot 16 (formerly two-story) has been merged with lots 15 and 17 to create one-story product lots. 8. Lot 17 (one-story) has been regraded to: lower pad 1.8 feet lower rear yard 3.0 feet This lot was formerly approved with a two-story product. Overall, the existing slope is 3.2 feet less than previously graded. 9. Lot 18 (two-story) has been regraded to: lower pad 2.7 feet lower rear yard 3.1 feet Overall, the existing slope is 3.1 feet less than previously graded. 10. Lot 19 (two-story) has been regraded to: lower pad 1.4 feet lower rear yard 3.4 feet Overall, the existing slope is 3.4 feet less than previously graded. 11. Lot 20 (one-story) has been regraded to: lower pad 1.6 feet lower rear yard 1.9 feet Overall, the existing slope is 1.9 feet less than previously graded. -2- - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas , . . . The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. ame 1. JiLbil.4 Address Phone b WY3 Cylwbm b LCSL-oG24 c- --_. 2. R pkn? /k&p 42 /f!G b& W%- d?d 3. -zLJ / MD / fb?G> 5v--3/% z 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. PETITION to THE CALIFORNIA COASTAL coMMIssIoN and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and alony the ocean and scenic coastal areas, to min iirlize the alteration of natural landforms, [and] to be visually compatible with the character oE surroundiny areas,... The Sammis Development is not compatible with this law. We would like to have tilis project reconsidered and brouyilt into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Address 7/ 33 L,Iiv$&t r&q -- _--- P I-1 0 n e fL 39--w - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and) to be visually compatible with the character of surroundiny areas,... The Sammis Development is not compatible with this law. We would like to have tljis project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and1 to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance w,ith the California Coastal Act. *- Name dd Address Phone PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas I... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Name Address Phone PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and alony the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to bc visually compatible with the character of surrounding areas,... The Sarnmis Development is not compatible with this law. We would like to have tllis project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brouyht into compliance with the California Coastal Act. Name Address Phone -_ PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. 1. 2. - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas , . . . The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We to is 1. 2. 3. 4. 5. 6. 7. 8. 9. ask the California Coastal Commission and the City of Carlsbad suspend construction by Sammis Development until the project brought into compliance with the California Coastal Act. @Agfcjy& Address G&Q Phone ~------- -- z.zo/ h&4 c&F *m* 453pt3w - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOP14ENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sarnmis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Name Address Phone 1 l h~@~f !l5zLc a-t 5 herdim ‘3~6 kztwd~ ~f%%zz / / - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPXENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and1 to be visually compatible with the character of surrounding areas , . . . The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. . . 5. D4lh.i& l&&l __ blcr -942 33w 6. ?.~&+7-,~ San -3 ,Qgx CA 121zq %o-?6e/ - 14. 15. 16. 17. 18. 19. 20. 21. The Undersignec of this petition agre, that the Sammis development on the shores of Batiyuitos Lagoon is not appropriate L for this location. 1. The homes are too close to the bluff edge. 2. The buildings are too ,tall and too close together. 3. The grading allowed makes the lots too high from the original bluff. This development does not show sufficient regard for the lagoon or the community, and we believe construction should be halted due to the fact that further building would be detrimental to the 25. ' The Undersignet of this petition ag re,, that the Sammis development on the shores of Batiyuitos Lagoon is not appropriate for this location. 1. The homes are too close to the bluff edge. 5: The buildings are too *tall and too close together. The grading allowed makes the lots too high from the original bluff. This development does not show sufficient regard for the lagoon or the community, and we believe construction should be halted due to the fact that further uld be detrimen al to the f--- 7pn- .&/b&b L%e ~Lsmw I 3. 4. 5. 6. / Y 7. /# 6+fc/(zsp c?T CL+ easy 8. IA 16. 17. 18. 19. 20. 21. 22. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We to is ~&?&c&$ La & ,'; 72.q;. 4 -. 2. 3. 4. 5. . 6. 7. 8. 9. 10. 11. 12. 13. 14. I ask the California Coastal Commission and the City of Carlsbad suspend construction by Sammis Development until the project srought into compliance with the California Coastal Act. Address Phone J527 Gw-Sr* yJ3=,a~lvm. a 4r3s-8Vd3 I / - 11 I I 1 \ I 1 _ 1714 kt~s4#5~9 Rd . - L!Lk ?a-#2 &.Llcb- ---.----- -. - .-.. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas I... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Name Address Phone 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. ---------- 12 l ------ 13. 14. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas , . . . The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. 1. 2.. 3. 4. 5. 6. 7. 8. 9. - Name Address Phone PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas I... The S&nis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brouyht into compliance with the California Coastal Act. Address / 7. 8. _-- 1.--- - -.- - 9. --- 10. - 11. ------ ----- 12. -_---_-_ 13. ---l_l 14. -- - _-_.__ ---_-_ - PETITION to THE CALIFORNIA COASTAL COM>lISSION and THE CITY OF CARLSBAD RE: SAM1 S DEVELOPi4ENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shill 1 be considered and protected as a resource Of public inqor tance. Permitted developlnent shall be sited and designed to protect views to and aloncj the ocean and scenic coas ta1 areas, to min iilli xc t Ilc, alt~~rdtion 0 f natural landforms, I dncl I to i,i: v ir;us I1 y c:o~q)~lt ible wj.th the character Oi su r rouncl inci a r e j I. J,. . . The Samnis Developnent is not compatible with this law. We would like to have this project reconsidered and brougilt into alicjnmen t with the California Coastal Act . We ask the California Coastal Commission and the City of Carlsbad to sus;jend construe t ion by Sanmis Development until the project is broui;tlt. into compliance with the California Coastal Act. Ns IIIC Address 6 - --- .-.-..-.--. -.-.-.--l_-_-.- ---._ - .-.-.. ---_-_. 7. - --.-- ----_- _-_-._. 8 - -------- ----~. -.--.- -._ _ 9. -~l--_-l--..-_._ 10 * ___- ---.--- ---.-_-.. - - -~---- -.. - ---.--- __------ -- - - -.-. -_. __.~__ 11. ----.-----.----..- - _ _ _-_--- --.--- ----.- -.----- -~__.----~. 12 - - - - - - -- -._. -.-.-._--- _ -- -___---_-I_. 13 - ---_I___-___--- 14. ----_I_ ---.- ._--. -.-.-.-_..-- .._ The Undersignt of this petition agrt; that the Sammis development on the shores of Batiyuitos Lagoon is not appropriate for this location. 1. The homes are too close to the bluff edge. 2. The buildings are too .tall and too close together. 3. The grading allowed makes the lots too high from the original bluff. This development does not show sufficient regard for the lagoon or the community, and we believe construction should be halted due to the fact that further building would be detrimental to the environment and the community. 1. 4. 5. a. 9. 10. 11. 12. 13. 14. 15. 16. 17. ia. 19. 20. 21. ; 22. - 23. 24. 25. The Undersigne of this petition agre:- that the Sammis development on the shores of Batiyuitos Lagoon is not appropriate for this location. 1. The homes are too close to the bluff edge. 2. The buildings are too tall and too close together. 3. The grading allowed makes the lots too high from the original bluff. This development does not show sufficient regard for the lagoon or the community, and we believe construction should be halted due to the fact that further building would be detrimental to the 6. 7. a. 9. 10. 11. 12. 13. 14. 15. 16. 17. ia. 19. 20. 21. 22. 23. -- 24. 25. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The sc.enic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Name Address Phone 1. 2. 3. 4. 5. 6. 7. a. 14. 2. 3. 4. 5. 6. 7. a. 9. 10. 11. 12. 13. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CIm OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Address Phone 1. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Name Address Phone 7*=llKj(p&f _- PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas I... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Address Phone - PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource Of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas,... The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. PETITION to THE CALIFORNIA COASTAL COMMISSION and THE CITY OF CARLSBAD RE: SAMMIS DEVELOPMENT The California Coastal Act, Section 30251 states: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to min imize the alteration of natural landforms, [and] to be visually compatible with the character of surrounding areas , . . . The Sammis Development is not compatible with this law. We would like to have this project reconsidered and brought into alignment with the California Coastal Act. We ask the California Coastal Commission and the City of Carlsbad to suspend construction by Sammis Development until the project is brought into compliance with the California Coastal Act. Ic Name Address Phone *. The Undersigns: of this petition agrt, that the Sammis development on the shores of Batiyuitos Lagoon is not appropriate for this location. 1. The homes are too close to the bluff edge. 2. The buildings are too .tall and too close together. 3. The grading allowed makes the lots too high from the original bluff. This development does not show sufficient regard for the lagoon or the community, and we believe construction should be halted due to the fact that further building would be detrimental to the environment and the community. 1. h4rk G*iJf- 77/9x &d@w pc. &? f%.+L $yy 9F37 . February 23, 1988 Mr. Macty Qrenyak, Community nevelopment Director Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Batiquitos Lagoon Educational Park Dear Mr. Orenyak, After extensive discussion with many members of the community concerning the building pads along the Batiquitos Lagoon bluff of planning area C, we are moving toward consensus for a recommendation that will mollify visual impact and help satisfy this aspect of the intent of the Batiquitos Lagoon Educational Park Master Plan. We acknowledge the engineering difficulties and expense involved in lowering the building pads back to the original grade level. R practical solution may be to lower building pads and combine two story lots to huild single story homes along the bluff. This approach is necessary Cdue to modifications of the bluff edge> in order to reduce the visual impact From adjacent scenic highways and properties. Although this alternative may result in the loss two story lots, much of the loss would be offset by reduced grading and engineering costs. Additionally, this method would grant lagoon and ocean views to several homes in planning area C that otherwise will not have views, increasing their selling price substantially, Another possibility would be to exchange two story lots for single story lots if available in planning area C. This, of course, should not include and exchange for single story lots already planned along the hluff. In reviewing the contents of the Master Plan and Staff Report, it is clear that structures and "private backyards" were not to be permitted in setbacks along the bluff. The Master Plan states (Open Space, Chapter UI, Page 60, Section F under Scenic Highways] "The areas within the Master Plan adjacent to scenic highways within the setback areas shall be visually enhanced through the use .of varied plant material, walls and landscaped themes. Setback should be clearly free of inhabitable structures, walls and private open space." In reference to the Staff Report (Page 9, Section 3, under Topography and Uisual Aesthetics) "The proposed development could result in significant visual impacts associated with the height of structures within 50' of the lagoon bluff. Future development of the property will alsa affect natural scenic view of Batiquitos Lagoon from Carlsbad Boulevard Ca potential scenic highway) and 1-5 Ca state scenic highway). Page t Batiquitos Lagoon Educational Park February tcf, 1988 To mitigate these impacts, design controls are suggested and have heen incorporated including: C11 all structures will be setback a minimum of LfS Feet from the lagoon bluffs, Ct> all structures within 100 feet of the bluff will be a maximum of 25 feet high with a minimum of 30 percent being a maximum one-story in height.” As defined in the Carlsbad Uniform Building Code, section 920, ”Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composad of parts joined together in some definite manner.” We are very concerned that Sammis Properties has placed 15’ foot backyards (private open space) within the 95’ setbacks and that structures such as spas, walls, barbecues and patio covers are also being placed within this setback. This is a clear violation of the intent and conditions set forth in the Vaster Plan. The Master Plan states Cchapter IU, page 60, under Project Development Standards), “Where a conflict in development standards occurs, the standards specified in this Master Plan shall take precedent provided they are comparable or more restrictive.” In favor of this ”highly touted educational park”, the city made many lenient compromises, i.e., development standards, zone changes, including an exemption from the Growth Management Program. In view of this, we do not feel that any further concessions should be made. Due to growing community concern, we are canfident that your department will make every effort possible to correct violations and enforce compliance with the Raster Plan. Respectfully, Cindy Ward / Tina Dawson-Sank Community Group Representatives cc: Carlsbad City Councilmembers City Manager, Ray Prachett Charlie Grimm, Assistant Planning Director Chris De Cerbo, Profect Planner Clyde Wickham, StaFf Engineer ... ~ . .