HomeMy WebLinkAbout1989-03-15; Planning Commission; ; MP 175A - BATIQUITOS LAGOON EDUCATIONAL PARKAPPLICATid. ,.:OMPLETE DATE
MAY 18, 1988
STAFF REPORT
DATE: MARCH 15, 1989
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJE~T: MP 175(A) -BATIQUITOS LAGOON EDUCATIONAL PARK -Request
for approval of an Amendment to Master Plan 175
(Batiquitos Lagoon Educational Park) 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.
I. RECOMMENDATION
That the Planning Commission ADOPT Resolution No. 2767 APPROVING
the Negative Declaration issued by the Planning Director and ADOPT
Planning Commission Resolution No. 2768 APPROVING MP 175(A} based
on the findings and subject to the conditions contained therein.
II. BACKGROUND AND PROJECT DESCRIPTION
The applicant is requesting approval of an Amendment to Master Plan
175. Master Plan 175, as approved by the City Council on October
15, 1985, established comprehensive development standards for the
167.9 acre Batiquitos Lagoon Educational Park, which is located
immediately north of Batiquitos Lagoon between Interstate 5 and
Carlsbad Boulevard.
Specifically, the existing Master Plan 175 (page 33) requires that
all structures within Planning Areas "C" be setback a minimum of
between 45 and 50 feet from the south facing Batiquitos Lagoon
bluff edge. "Structures", as defined within Title 21, means
"anything constructed or erected which requires location on the
ground or attached to something having a location on the ground".
As shown on Exhibit "A", this 45-50 foot setback requirement would
apply to single family residential lots 6-35 of CT 85-14.
A strict interpretation of this required setback provision of MP
175 would not allow the construction of any "structure" requiring
a building permit (i.e., many typical minor accessory structures
such as spas, spa equipment enclosures, decks, barbecues, trellis,
and above grade planters), within what will be the rearyards of
these identified lots.
MP 175(A)
BATIQUITOS LAGOON EDUCATIONAL PARK
MARCH 15, 1989
Page 2
The project applicant is proposing an Amendment to Master Plan 175
in order to allow typical minor accessory structures within the
rearyard of the above mentioned lots. The amended wording to
Master Plan 175 is attached as Exhibit "B".
III. ANALYSIS
Planning Issues
1) Does the proposed Amendment ensure compliance with the intent
of the 45 foot structural setback requirement of Master Plan
175?
2) Does the proposed Amendment comply with the provisions of the
Master Plan's Coastal Development Permit?
Discussion
The required 45 foot rearyard structural setback standard for
residential lots located along the south facing Batiquitos Lagoon
bluff edge, was negotiated by staff for purposes of (1) mitigating
visual impacts of development along this natural scenic lagoon
resource, and (2) preserving a buffer between development and the
sensitive coastal sage scrub habitat located along the lagoon
bluffs.
In accordance with this requirement, all bluff edge dwelling units
within Planning Area "C" of Master Plan 175 will be setback the
required 45 feet from the bluff edge. However, as noted earlier
in this report, the existing 45 foot structural setback provision
of this Master Plan would not allow future property owners of the
identified bluff edge lots to construct within their rearyards any
minor accessory structures (i.e., spas, patios, or barbecues)
typically enjoyed by other property owners within the City. Staff
feels that this prohibition of a common property right, while
technically justified through the Master Plan provisions, could
ultimately result in a significant code enforcement problem for the
city.
In view of this concern, staff has developed a Master Plan
Amendment (see Exhibit "B") which defines, (1) what uses or
accessory structures may be permitted within the 45 foot setback
area, (2) where specific accessory structures may be located
relative to the bluff, and (3) design guidelines specifying maximum
heights and other dimensions of permitted accessory structures or
uses.
MP 175 {A)
BATIQUITOS LAGOON
MARCH 15, 1989
Page 3
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EDUCATIONAL PARK
As shown on Exhibit "C", all permitted uses or accessory structures
must be setback a minimum distance of three feet from the existing
manufactured or natural Batiquitos Lagoon bluff edge; whichever is
closest to the residential structure. This required setback will
effectively mitigate potential biological impacts by prohibiting
encroachment of structures into the identified coastal sage scrub
habitat located along the lagoon bluff.
With the exception of the landscaped trellis which may be
constructed according to the approved building plan height of 9
foot 6 inches (and may extend 8 feet from the rear wall of the
residential structure into the 45 foot setback area), no other uses
or accessory structures greater than 36 inches in height are
permitted to extend more than 15 feet into the 45 foot setback
area. All other uses or accessory structures permitted to encroach
more than 15 feet into the setback area may not exceed a height of
10 inches above finished grade.
Staff believes that because of these specific use limitations and
height and encroachment design guidelines, there will be no
biological or visual impacts to Batiquitos Lagoon; thereby ensuring
compliance with the original purpose and intent of the 45 foot
setback requirement of Master Plan 175.
In addition, on August 9, 1988, the project applicant dedicated to
the City of Carlsbad a Grant Deed (see Exhibit "D") for the
purposes of establishing a 45 foot setback/open space easement over
the rearyards of the Phase I Batiquitos Lagoon Educational Park
bluff edge lots 6-35 of CT 85-14. This easement will enable the
City to clearly regulate and ensure that any uses or accessory
structures proposed within the 4 5 foot structural setback area
(easement area) are in strict compliance with the uses permitted,
and design criteria established through this Master Plan Amendment.
As a condition of approval of this Master Plan Amendment
application, staff recommends that this Grant Deed be modified to
{1) also include bluff edge lots 2-5 (see Exhibit "E") of CT 85-14
and to (2) permit the accessory structures identified within this
Amendment within the 45 foot setback easement.
As proposed, this Master Plan Amendment is not in compliance with
the existing provisions of the Batiquitos Lagoon Educational Park
Master Plan Coastal Development Permit. City staff has reviewed
this Amendment request with San Diego Regional Coastal Commission
staff. While coastal staff has indicated preliminary support of
the Amendment request, the project applicant will have to process
a Coastal Development Permit Amendment.
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MP 175(A}
BATIQUITOS LAGOON EDUCATIONAL PARK
MARCH 15, 1989
Page 4
As discussed in the attached memorandum, there also exists a deed
restriction over the entire 45-50 foot setback of the Planning Area
''C" residences, from the Batiquitos Lagoon bluff edge, in favor of
the California Coastal Commission. This deed restriction includes
a 10 foot wide easement for a lagoon public access trail.
While the minor accessory structures proposed with this Master Plan
amendment would not preclude the construction of the conceptual
lagoon public access trail, as shown on Exhibits "A" and "B", dated
March 1, 1989, it is emphasized here that both the accessory
structural uses and the lagoon trail alignment will require the
approval of the California Coastal Commission. (See memo to
Planning Commission dated March 15, 1989 attached, for further
discission.)
Overall, staff recommends support of MP 175(A} because (1) the
proposed Master Plan Amendment is in compliance with the intent
and purpose of the original 45 foot structural setback requirement
in that biological and visual impacts to Batiquitos Lagoon will be
avoided and because, (2) the project applicant has dedicated to the
City an easement over the 45 foot setback area, thereby enabling
the City to clearly regulate accessory uses allowed within this
setback area.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
have a significant impact on the environment and, therefore, has
issued a Negative Declaration on November 2, 1988. This Master
Plan Amendment environmental analysis, along with the field checks
conducted by staff, identified that the 45 foot setback area has
already been previously graded for residential development.
Al though there exists coastal sage scrub vegetation along the
Batiquitos Lagoon bluff, adjacent to the setback area, biological
impacts from the construction of accessory structures will be
avoided in that all permitted accessory structures will be setback
a minimum of three feet from the Batiquitos Lagoon bluff edge,
thereby not permitting encroachment into the habitat area.
Potential visual impacts from permitting accessory structures
within the 45 foot setback area will be mitigated through specific
design criteria for permitted accessory uses, which will specify
permitted uses, and maximum height and setback encroachment
guidelines. Two letters of comment were received (from the
Department of Fish and Game and Delores Welty) in response to the
notice for a Negative Declaration. These comments were
subsequently responded to, and are included as attachments to this
report.
MP 175(A)
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BATIQUITOS LAGOON EDUCATIONAL PARK
MARCH 15, 1989
Page 5
Attachments
1. Planning Commission Resolution No. 2767
2. Planning Commission Resolution No. 2768
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3. Memorandum to Planning Commission, dated March 15, 1989
4. Response to notice for a Negative Declaration
5. Exhibit "A", dated August 15, 1988
6. Revised Exhibit "B", dated March 15, 1989
7. Revised Exhibit "C", dated March 15, 1989
8. Exhibit "D", Grant Deed to the City of Carlsbad
9. Location Map
10. Background Data Sheet
11. Exhibit "X", City Council Ordinance No.
12. Exhibits "A"-"B", dated March 1, 1989
CDD:af
8/19/88
DATE:
TO:
FROM:
SUBJECT:
I.
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MEMORANDUM
MARCH 15, 1989
PLANNING COMMISSION
PLANNING DEPARTMENT
MP 175 (Al -BATIOUITOS LAGOON EDUCATIONAL PARK -Conceptual al i gnment
for the Batiquitos Lagoon public access, native trail.
DISCUSSION
On November 16, 1988 MP 175(A) was presented to the Planning Commission, with
staff recommending approval of Master Plan Amendment 175(A)to allow specific
mi nor accessory structures within the rearyards of a 11 Phase I, bluff edge,
single family lots (Planning Area "C'') of the Batiquitos Lagoon Education Park.
During this hearing the Planning Commissioners expressed concern that allowing
these minor accessory structures could preclude the placement of a public bluff
top trail along the north side of Batiquitos Lagoon. In accordance, the Planning
Commission voted to continue MP 175(A) to January 4, 1989 to enable staff to
negotiate a trail location along the northerly side of the lagoon. The Planning
Commission al so stipulated that if an acceptable trail location could not be
negotiated then the Planning Commission would not recommend support of any minor
accessary structures within the rearyards of these bluff edge lots.
At the Planning Commission hearing on January 4, 1989, staff reviewed with the
Planning Commissioners an existing deed restriction which has been placed over
the rearyards (the entire 45 foot setback area of these units from the lagoon
bluff edge) of the bluff top homes in favor of the California Coastal Commission.
This deed restriction includes an irrevocable offer to dedicate a 10 foot wide
strip for public access purposes, and has been included within the titles of the
bluff edge lots of this Master Plan.
Staff also reviewed a letter received from the California Department of Fish and
Game requesting that any decision on minor accessary structures proposed within
the rearyard of these bluff edge lots be postponed until city staff could meet
with them and other responsible resource agencies to determine an acceptable
location for the trail. Since the public trail could not be located as yet, the
Planning Commission tabled MP 175(A) with the stipulation that when a location
for this public trail was resolved, the amendment would return at a renoticed
public hearing.
On January 13, 1989 City staff, the project applicant and responsible resource
agencies (ie. California Coastal Commission, and Department of Fish and Game)
met along the lagoon bluff edge upon the subject property. All representatives
in attendance at this meeting agreed that a public access trail along the top
of bluff, rather than along the lagoon edge, would be environmentally preferable.
In accordance, the project applicant and City staff have negotiated a conceptual
public access trail along the Batiquitos Lagoon bluff as discussed below.
MP 157(A) -BATIQUITOS
MARCH 15, 1989
PAGE 2
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As shown on Exhibit "A" trail head public parking (6 spaces) would be located
upon an open space lot located between Windrose Circle and the existing on-site
desiltation basin. The public access trail, which will be a minimum of five
feet wide and composed of decomposed granite, will extend southward from the
proposed parking lot, along the east and west sides of the desiltation basin,
to observation points located along the Batiquitos Lagoon bluff edge. This
portion of the trail from the parking lot to the observation point is proposed
to be located along lower manufactured benches on both sides of this desiltation
basin. Railroad ties will be incorporated into the steeper upper portions of
the side slopes of this desiltation basin in order to facilitate easier public
access to the observation point. In order to ensure public safety; (1) the
trail has been designed to not cross the desiltation basin spillways and (2) the
desiltation basin will be fenced to prohibit public encroachment.
From the eastern most lookout area (Phase I of Master Plan 175) the proposed
trail will be cut into the manufactured bluff along the rear property lines of
lots 1 through 24 then it will follow the existing drainage bench along the rear
of lots 8 -20. As shown on Exhibit "B", a concrete lid will be placed over the
drainage bench with a slotted concrete drain being constructed below the lid.
In this way, the covered drainage bench will be converted into this portion of
the public trail. With this proposal, the only grading required would be on the
already disturbed uphill side of the trail. This grading would be minimal and
would only be necessary to widen the trail to 5 feet. Environmentally compatible
railroad tie retaining walls (1 level high) would be placed along the uphill side
of the proposed walkway.
No additional grading into the natural lagoon bluff habitat to the south of this
proposed trail would be necessary. Wrought iron fencing (4 feet on top of a
solid block barrier one foot above grade) will be constructed to prohibit
encroachment onto private residential property to the north and into sensitive
lagoon bluff habitat to the south of the trail. The distance between the two
fences will be a minimum of 10 feet in accordance with the provisions of the deed
restriction. The downhill fence will follow the edge of the natural bluff which
is not in every case the rear property line.
A significant topographic mound (10 feet high) exists within the rear of lots
5-8. Within this area, the proposed five foot wide trail will be depressed
(notched into the topography to a depth of 18 11 below grade). Immediately to the
east, the five foot wide trail will be constructed at grade across lots 2 thru
4. The same wrought iron perimeter trail fencing will be incorporated across
lots 2-8.
At the eastern lot line of lot 2, two trail alignment alternatives are included.
One alternative would extend the trail southwestward along the drainage channel
located between lot 2 and the adjacent recreation lot and out to Navigator
Circle. From there, the trail would continue out to Windrose Circle, southward
to the Poinsettia Avenue bridge.
\ MP 157(A) -BATIQUITOS
MARCH 15, 1989
PAGE 3
The second alternative would extend the trail from the eastern lot line of lot
2 to the eastern property line of the Master Plan. If a pedestrian bridge is
ever constructed over 1-5 (thereby providing a continuous connection with the
eastern portion of the trail along the Hillman Property) then this second
alternative alignment would be necessary. In accordance, the project applicant
will need to reserve an easement for this trail alignment. If this alignment
alternative is not feasible, then it will be quit claimed at a specific future
date.
The specific alignment for the western extent of this lagoon public access trail
(that portion between the observation point located on the western side of the
desiltation basin t o the A.T.&S .F. railroad right -of-way and ultimately to
Carlsbad Boulevard) has not been determined as yet . Staff believes that this
portion of the trail will be located along the top of the Batiquitos Lagoon bluff
edge . However, there is a possibility that, as a condition of approval associated
with a separate Master Plan Amendment request for the Batiquitos Lagoon
Educational Park (MP-175(C)), the proposed residential development (Planning Area
"H") along this portion of the lagoon bluff will be set back further, thereby
opening up more area along the lagoon bluff top for a lagoon public access trail.
In identifying a conceptual acceptable lagoon public access trail alignment, a
number of goals were established including:
(1) That the trail provide a usable public access along Batiquitos
Lagoon,
(2) That grading (aesthetic effects) are minimized along the bluff edge,
(3) That encroachment into sensitive biological habitat is minimized,
and
(4) That privacy for bluff edge property owners be maintained.
Overall, staff believes that the proposed conceptual trail location plan does
work and does respond to each of these project goals.
As proposed, this trail will provide a usable public access trail along the
northern perimeter of Batiquitos Lagoon. The amount of grading for this proposed
trail will be very minimal, in that the trail will follow the existing drainage
bench and other graded portions of the property. Construction of this proposed
trail will require no encroachment into sensitive biological habitats, including;
(1) the cattail dominated freshwater marsh located to the south of the existing
desiltation basin, and (2) the coastal sage scrub covered lagoon side slopes.
In addition, the privacy for residents at most of the bluff edge dwelling units
will be preserved in that the proposed trail will be located down slope from
their dwelling units .
While City staff is willing to recommend approval of this proposed trail
alignment, there is, however, an important issue which will need to be addressed,
as discussed below.
MP 157(A) -BATIQUITOS
MARCH 15, 1989
PAGE 4
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The California Coastal Commission is the holder of the deed restriction (lagoon
trail easement) over the Master Plan. In accordance, the ultimate alignment for
this lagoon trail will be subject to the approval of the California Coastal
Commission.
As noted earlier in this report, the deed restriction covers the entirety of the
rearyards of the bluff edge lots and requires a 10 foot wide easement for trail
purposes. The trail as proposed is only 5 feet wide. Staff, however, believes
that the proposed 5 foot wide trail is the best alternative because a 10 foot
wide trail would either {l) have to be located upon the bluff top, within the
immediate (usable portion of) rearyards of the bluff edge dwelling units or (2)
additional lagoon side slope grading would be necessary. Locating the trail
within the rearyards (some of which are as narrow as 15 feet in depth) would
reduce usable private open space (to as little as 5 feet) and create invasion
of privacy and potential vandalism impacts. Grading additional area of the
lagoon side slopes to construct a 10 foot wide trail could result in aesthetic
and biological impacts.
In accordance with this concern, staff has added Condition No. 3 to Planning
Commission Resolution No. 2768, which specifies that this lagoon public access
trail plan is approved subject to the approval of the California Coastal
Commission. Any trail revisions mandated by the California Coastal Commission
will necessitate that the trail plan be redesigned by the project applicant.
In order to ensure that the lagoon public access trail is constructed in a timely
manner, and maintained, staff has added Condition No. 4 to Planning Commission
Resolution No. 2768 . This condition specifies that this lagoon trail shall be
constructed prior to minor accessory structures being constructed within the
rearyards of the bluff edge dwelling units within Planning Area 11 C11 • In
addition, the project applicant shall be responsible for maintaining this trail.
Overall, since the proposed trail plan appears to meet all of the goals for an
acceptable lagoon public access trail, staff recommends that this trail plan be
approved as a part of Master Plan 175(A).
CDD:af
March 1, 1989