HomeMy WebLinkAbout1989-06-06; City Council; 10052; Amendment To Batiquitos Master PlanI. _ _ ___- __. - ____. . ._- -.
. . -, CIT--OF CARLSBAD - AGEND - BILL
iB# 10; 0-5-z TITLE: AMENDMENT TO MASTER PLAN 175 TO ALLOW DEPT.Hm , MINOR ACCESSORY STRUCTURES WITHIN THE MTG. 5/23/89 REAR YARDS OF ALL PHASE I BATIQUITOS LAGOON C,TyAT+m
IEPT. BLUFF EDGE SINGLE FAMILY LOTS CA MP-175A - SAMMIS CITY MGFia
RECOMMENDED ACTION:
1. Introduce Ordinance No. ALq-7/ approving amendment MP-175A to the master plan for the Batiguitos Lagoon Educational Park.
2. By motion, direct the staff to appear before the Coastal Commission in connection with the amendment seeking approvals of the addition of trees to soften the bluff edge.
ITEM EXPLANATION
The City Council at your meeting of May 16, 1989 directed our office to prepare documents approving the negative declaration and Master Plan Amendment MP-175A to revise the Batiguitos Lagoon Educational Park plan to allow minor accessory structures within the rear yards of all Phase I houses along the Batiguitos Lagoon bluff edge. Ordinance No. dJs-71 which does that is attached. The findings and conditions are as recommended by the Planning Commission with the addition of a condition which requires the applicant to install trees in the bluff edge trail to soften the visual impact of the houses on the bluff viewed from the freeway in accordance with a landscape plan as determined appropriate by the Planning Director. The condition also requires the developer to put trees in the backyard of the houses in his ownership and to make trees available to the owners of the other houses along the bluff edge. If the Council concurs your action is to introduce Ordinance No. &S-7! .
The recommended action also includes a motion directing the City staff to appear before the Coastal Commission in connection with the permit for the master plan amendment to ask the Commission to approve the addition of trees to the bluff edge trail. In the alternative, the condition provides that if the trees are not approved by the Commission then accessory structures within the rear yards will only be allowed if the owners agree to install trees in their rear yards in accordance with the landscape plan to be approved by the Planning Director which makes the trees a condition of approval for any accessory structures.
EXHIBIT
Ordinance No. hJ,S-7\
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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 PARE 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 Carlsbad,
California held a duly noticed public hearing on May 16, 1989 tc
consider Master Plan Amendment MP-175A to the Batiguitos Lagoor
Educational Park to allow minor accessory structures within the
rear yards of all Phase I bluff edge single family lots; and
WHEREAS, as a part of that hearing the City Council
considered the recommendations of the Planning Commission ir
Resolution No. 2767 on file with the City Clerk and incorporate<
by referenced herein recommending the approval of a negative
declaration and the Council finds that the addition of minor
accessory structures in the rear yards will not have an]
substantial adverse environmental effects,
Now, therefore, the City Council of the City of Carlsbad,
California does ordain as follows:
SECTION I: That the negative declaration as recommended
by the Planning Commission in Resolution No. 2767 is approved and
that the findings and decisions made by the Planning Director and
the Planning Commission in that matter are the findings and
decisions of the City Council.
SECTION II: That amendment MP-175A to the Batiguitos
Lagoon Educational Park is approved as recommended by the Planning
Commission in Resolution No. 2768 marked Exhibit llA" attached
hereto and made a part hereof. The findings and conditions of that
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resolution with the additions contained in this ordinance are the -
findings and conditions of the City Council.
SECTION III: That Ordinance No. 9778 approving Master
Plan MP-175 for the Batiguitos Lagoon Educational Park is amended
by the adoption of an amendment to the Master Plan as shown on the
exhibits marked "Revised Exhibit B" and "Revised Exhibit Cl1 dated
March 15, 1989 attached hereto and made a part hereof.
SECTION IV: The City Council's approval of Master Plan
amendment MP-175A shall also be subject to the following additional
condition:
1. The City council has determined that the original
development approval and landscaping plan was not adequate to
mitigate the visual impact of the houses along the lagoon edge in
particular in regard to the views from Interstate 5. In order to
mitigate that impact the applicant shall install additional trees
and landscaping within the bluff edge trail to the satisfaction of
the Planning Director. The applicant shall also install additional
trees within the rear yards of the bluff edge lots 19 through 24
and 12 which he owns as required by the Planning Director. The
applicant shall also make similar trees available to the owners of
the other bluff edge homes and encourage them to install and
maintain those trees in order to mitigate the visual impacts. If
the trees in the trail are not approved by the Coastal Commission
then the accessory structures within the rear yards permitted by
this amendment shall only be allowed if the property owner agrees
to install and maintain trees and get prior approval by the
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Planning Director of a landscape plan for the rear yard which -~
includes the trees.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 23rd day of May , 1989,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 6th day of June I
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
&a% Afzii.i ALETBA L. RAUTENKRANZ, City Clerk
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EXHIBIT "A"
- PIANNINO COMMISSION ~8OLUTION 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 175(A)
WHEREAS, a verified application for certain property, to wit:
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 the
Planning Commission: and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did, on the 5th day of
October, 1988, the 2nd day of' November, 1988, the 16th day of
November 1988, the 4th day of January, 1989, and the 15th day of
March, 1989 hold a duly noticed public hearing as prescribed by
law, to consider said request: and
WHEREAS, at said pubic hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to
be heard, said commission considered all factors relating to the
Master Plan: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 hearing, the Commission recommends APPROVAh of MP 175(A), based on the following findings and subject to the following conditions:
Findinug:
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2.
The Master Plan Amendment is in compliance with the intent and purpose of the original 45 foot structural setback requirement because through the incorporation of specific accessory use limitations and structural height and encroachment design guidelines, for such accessory uses, biological and visual impacts to Batiguitos Lagoon will be avoided. In addition, the project applicant has dedicated to the City an easement over the 45' setback area, thereby enabling the City to clearly regulate accessory uses allowed within this setback area.
This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 2, 1988 and recommended for approval by the Planning Commission on March 15, 1989. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment.
3. The Master Plan Amendment is consistent with the Carlsbad General Plan and with Section 21.38.120 of Title 21, which regulates amendments of Master Plans.
I . Condrtions
1. Approval is granted for MP 175(A) as shown on Exhibits l'Bl@ and W", dated March 15, 1989, incorporated by reference and on file in the Planning Department. All conditions of MP 175 and of Planning Commission Resolution No. 2485 are hereby incorporated except as modified by this resolution.
2. This amendment to MP 175 is approved subject to the condition that the Grant Deed approved by City Council (Resolution No. 88-290), establishing a 45 foot open space easement along the Batiguitos Lagoon bluff edge be modified to: (a) also include bluff edge lots 2-5 of CT 85-14 and (b) permit within the 45 foot setback/open space easement those minor accessory structures identified within this amendment (as shown on Exhibit "B", dated March 15, 1989).
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PC RN00 NO. 2760 -20
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3. 1 The lagoon public access trail as shown on Exhibits vlA1g-ngB1* dated March 1, 1989 is approved, subject to the approval 0;
2 the California coastal Commission. Any trail revisions mandated by the California Coastal Commission and approved
3 by the city of Carlsbad's Planning'Director will necessitate that the trail plan be redesigned by the project applicant. t 4
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4. Approval is granted for MP 175(A) subject to the approval of a Coastal Development Permit Amendment consistent with this Amendment and subject to the condition that a lagoon public access trail, as shown on Exhibits "Agg-*@BIV, dated March 1, 1989, incorporated by reference and on file in the Planning Department, is designed, project applicant. constructed and maintained by the This public access trail, or portions thereof, as approved by the Planning Director, shall be constructed prior to the issuance of a building permit for, or construction of accessory structures within the rearyards of the bluff edge dwelling units within Planning Area nC1g of MP 175. If the California Coastal Commission approves the construction of any rearyard minor accessory structures, as identified in Exhibit B, dated March 15, 1989, prior to the construction of the lagoon public access trail, then the City of Carlsbad will require that Sammis Properties shall provide to the City an adequate bond, letter of credit, or other appropriate security for the construction of this trail, prior to the initiation of construction of any of these approved rearyard structures.
5. MP-175(A) is approved subject to the condition that the 3 foot high wrought iron fence proposed along the lagoon side of the public access trail be increased to a height of 4 feet, or that some other adequate barrier, as approved by the Planning Director be provided by the project applicant in its place.
6. MP-175(A) is approved subject to the condition that the lagoon trail public parking lot, as shown on Exhibit IrAt', dated March 1, 1989,'be relocated to some other area of the site, subject to the approval of the Planning Director. An acceptable new location for this lagoon trail and public parking (6 spaces) shall be identified prior to the initiation of construction of the lagoon trail.
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PC RN80 NO. 2768 -39
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 15th day of March, 1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schramm, Schlehuber, Holmes, Erwin 61 Marcus.
NOES: Commissioner McFadden.
ABSENT: None.
ABSTAIN: None.
---- CARLSBAD PLAMNING COMMISSION
, ATTEST:
1 PLANNING DIRECTOR
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PO RN80 NO. 2768 -I-
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REVISED
EXHIBIT "B"
DATED MARCH 15, 1989
CHAPTER IV - PROJECT DEVELOPMENT STANDARDS,
SECTION B - SPECIAL PLANNING AREA DEVELOPMENT
STANDARDS: PAGE 33 PRESENTLY READS AS:
mebacks: 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)
2) 3) 4) 5)
spas (maximum 10' in diameter) barbecues planters garden walls spa equipment enclosures
(Cl The following structures or uses, provided that they do not exceed a height of 10" 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 a minimum of 5') from the closest bluff edge (natural or manufactured) or the inner edge of the 10 foot trail easement (see ttDB8 below).
(D)
1) decks
2-f spas (maximum 10' in diameter)
3) patios and hardscape
As shown on Exhibit "Ctt, dated March 15, 1989, the project applicant shall be required to construct the following:
1) A five-foot wide lagoon public access trail (constructed of decomposed granite) to be located within a 10 foot wide trail easement, dedicated by the applicant to an appropriate State or local agency or nonprofit organization.
2) A uniform wrought iron fence (maximum 4' high on top of a solid block barrier, one foot above grade) and located at a distance of 10 feet from the southern perimeter of the easement for the lagoon public access trail.*
3) A uniform wrought iron fence (maximum 3' high) and located along the southern perimeter of the lagoon public access trail or on downhill side of trail along desiltation basin, whichever applies.
Note: The restrictions on accessory structures noted above apply to the 45 to 50 foot setback area overwhich the deed restrictions
apply. SEveral bluff top structures are setback a greater distance than 50 feet from the natural bluff edge. Any accessory structures or structural additions or modifications in the rearyard between the structure and 45-50' setback will require City and possibly Coastal Commission approval prior to construction.
* In the area adjacent to the desiltation basin at the westerly portion of Planning Area "C", the trail may (if approved by the California Coastal Commission) be placed along the lower slopes as depicted on Exhibits rlA11 and ctBtt dated March 15, 1989. If the trail is so located, then a fence as noted above may be placed 10' inside the rear,property line (to accommodate a 10' drainage easement) in-lieu of the up-slope fence required for the trail (if so approved by the California Coastal Commission).
There 4~4 genera. s different blufftop/lot configuratlon TIC dlztCLJ
rccnarloS es dcplctcd In the dlrgrams below. EXH[8[ 1 ‘c’
UAIED WUKM 15, 1989
Ordinance NO. NS-71
SETBACK AREA
Wax~mum 4' high wrought Iron
fence over I' high block wall to be,,constructcd by developer.
l *Maxlntum 3’ high wrought Iron
fence to be constructed by devefoi
LAGOON
SETBACK AREA
LAQOON Note: These restrictions apply to the 45-50' setback area described in the
Coastal Permit, Master Plan and deed restrictions. On*lots where the structure is setback greater than SO', accessory structures, structural modifications.
and/or additfons will require approval of the City and possibly the California
Coastal Comisston. '.
SETBACK
AREA
ACCESSORY USES PERJ4IfTED
'A' (6') '8' (IS')
Landscaped Trellis
1. Max 9'6" Ht. 2. Per approved
bldg plan.
3. Anything per-
mltted jn Areas
"8" h "C".
Spas
Barbecues
Planter Boxes
~ Garden Ualls Spa Equipment
Enclosures
1. Max 36” Ht.
2. Anything
permitted
in Area "C"
(UP ro 3' ~xot4 c~ostsr
niufr cocx 411rut~ a
'C' UNlNAclmLD a lX4CR
tccr OF rw 10' rem
~r5t*I*lmlCHvZR If
CLOSfP 10 srPurlRE)
Oecks
Spas (shall be 5'
from the edge as
defined above.)
Patios
Hardscape
I. Max IO" Ht.
: . . - , ... .:
. 1700 ELM AVFNtJE
GAIILSBAU, C’ALIFOilNIA 92uoO
,’ .
Office ol the Cify Clerk
1’. ;. .b
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Up of &~~‘I$hlr
June 9, 1989
Sammis Properties
2650 Camino De1 Rio North
BlOO
San Diego, CA 92108
Jhclosed for your records, please fitid a copy of tire
followiIlg Ordinance NS-71 9 adopted
by tile Carlsbad City Council on June 6, 1989 .
City Clerk
LIZ: lw
Enclosures ( 1)