HomeMy WebLinkAbout1997-06-04; Planning Commission; ; CUP 96-26|CDP 96-15 - BATIOUITOS LAGOON FOUNDATION INFORMATION CENTERme City of CARLSBAD Planning Departmem
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: June 4, 1997
Application complete date: January 17, 1997
Project Planner: Michael Grim
Project Engineer: Clyde Wickham
SUBJECT: CUP 96-26/CDP 96-15 - BATIOUITOS LAGOON FOUNDATION
INFORMATION CENTER- Request for approval of a Negative Declaration,
Conditional Use Permit and Coastal Development Permit to allow the continued
placement and operation of a 528 square foot modular information center operated
by the Batiquitos Lagoon Foundation on property generally located north of
Batiquitos Lagoon, between Gabbiano Lane and Batiquitos Drive in Local
Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4110,
APPROVING the Negative Declaration issued by the Planning Director, and APPROVE
Planning Commission Resolutions No. 4111 and 4112, APPROVING a Conditional Use Permit
CUP 96-26 and Coastal Development Permit CDP 96-15, based on the findings and subject to
the conditions contained therein.
II. INTRODUCTION
This proposal involves the continued use of an existing single-wide, 528 square foot modular
building for a lagoon information center located near the western terminus of the North Shore
Batiquitos Lagoon Trail, just southeast of the terminus of Gabbiano Lane. The trailer was moved
to its existing location on a temporary basis through a previous administrative action (CDP 96-
06). The Batiquitos Lagoon Foundation (BLF) is planning to construct a permanent information
center in the near future and is currently pursuing site identification and acquisition. The BLF
wishes to remain at the existing site, thus maintaining continuity in their information services,
until a permanent location can be secured. A Conditional Use Permit is required for the
temporary placement of a trailer or modular building for commercial purposes, in accordance
with Section 21.42.010(5)(S) of the Zoning Ordinance. A Coastal Development Permit is
required because the project qualifies as development in the Coastal Zone. The project conforms
to all applicable regulations and staff has no issues with the proposal.
III. PROJECT DESCRIPTION AND BACKGROUND
The Batiquitos Lagoon Foundation (BLF) is requesting approval of a Conditional Use Permit
and Coastal Development Permit to allow the continued placement and operation of a 528 square
foot modular information center, just north of the Batiquitos Lagoon. The trailer site is located
adjacent to Batiquitos Lagoon, at the southern end of the Azure Cove development (CT 89-19 -
CUP 96-26/CDP 96-15 - B^TIQUITOS LAGOON FOUNDATION INFORMATION CENTER
JUNE 4,1997
PAGE 2
formerly Brocatto). Immediately to the east of the project site is the North Batiquitos Pump
Station, operated by the Leucadia County Water District. The area along the lagoon to the west
was previously used as the Batiquitos Lagoon Enhancement Project operations center, which
included a complex of modular buildings, a boat ramp/barge launching area and equipment and
material storage areas. The information center site is a relatively flat area, clear of any habitat
and completely outside of the 100 foot wide wetlands buffer for the Batiquitos Lagoon. The site
is zoned Planned Community (P-C) and is within an open space area of Aviara Planning Area 30.
The General Plan designation is Residential Low Medium Density (RLM).
The proposed modular information center is part of a docent/educational program offered by the
BLF to enhance knowledge and appreciation of the variety of plants, animals and birds of the
Batiquitos Lagoon, as well as the history of human occupancy around the lagoon. The programs
involve mostly tours for schools or groups, typically during the daytime periods on weekdays,
with some programs on weekends. Inside the information center are various displays and
teaching aides to facilitate the educational process. Approximately two to three people would be
staffing the facility at peak usage and parking is provided for both docents and visitors at the
trailhead parking area for the North Shore trail, located at the terminus of Gabbiano Lane to the
west.
The 528 square foot, single-wide trailer measures 12 feet wide, 44 feet long and approximately
14 feet high. It is wood-sided and the exterior is painted with an brown, earth tone color.
Attached to the mobile office is a wooden access ramp for the physically challenged and an
overhead lattice shade structure. Also associated with the information center is an outdoor
display area, containing program boards and a native plant garden.
Originally used during the construction of the Batiquitos Lagoon Enhancement Project, the
information center trailer was part of the modular complex and served as a docent and
educational area unaffiliated with the lagoon enhancement project itself. The trailer was made
available to the BLF during the waning periods of lagoon restoration and moved to its current
location, approximately 50 feet from the original trailer complex, in February, 1997. The process
for allowing the trailer relocation, and its operation as an information center, was allowed
through a minor Coastal Development Permit and implementation of Community Development
Policy Interpretation Number 7. According to Policy No. 7, the Community Development
Director may administratively allow temporary facilities for unique circumstances pursuant to
the procedures contained therein. On December 4, 1996, the Community Development Director
invoked Policy No. 7 and allowed the relocation and use of the trailer for a period not to exceed
six months from the time of installation, or until July, 1997. As a condition of approval for the
administrative trailer relocation, BLF was required to process a Conditional Use Permit and
Coastal Development Permit to allow the information center to continue beyond the six month
time limit, hence the current permit requests.
The proposal is subject to the following regulations:
A. General Plan;
B. Local Coastal Program;
CUP 96-26/CDP 96-15 - b^riQUITOS LAGOON FOUNDATION INFORMATION CENTER
JUNE 4,1997
PAGE 3
IV.
C. P-C - Planned Community Zone (Chapter 21.38 of the Zoning Ordinance);
D. Aviara Master Plan (MP 177 and its amendments);
E. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance).
ANALYSIS
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
A. General Plan
The proposed continuation of use of the modular information center is consistent with the
applicable policies and programs of the General Plan. Particularly relevant to the proposal are
the Land Use and Open Space and Conservation Elements. Table 1 below indicates how the
project complies with these particular elements of the General Plan.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM
PROPOSED USES AND
IMPROVEMENTS
COMPLIANCE
Land Use Develop and retain open space in all
categories of land use.
The information center
provides open space
educational opportunities
without negatively
impacting the nearby natural
open space resources.
Yes
Open Space A City that protects environmentally
sensitive land and buffer areas.
The trailer and entry ramp
for physically challenged
individuals are completely
out of lagoon wetlands and
100 foot buffer.
Yes
B. Local Coastal Program
The site for the BLF Information Center is located in the East Batiquitos Lagoon/Hunt Properties
segment of Carlsbad's Local Coastal Program (LCP) and is subject to the provisions contained
therein. The Land Use Plan and implementing ordinances for the East Batiquitos Lagoon
segment emphasize topics such as preservation of agriculture and scenic resources, protection of
environmentally sensitive resources, provision of shoreline access, and prevention of geologic
CUP 96-26/CDP 96-15 - B^flQUITOS LAGOON FOUNDATION INFORMATION CENTER
JUNE 4,1997
PAGE4
instability and erosion. There are no agricultural activities or prime agricultural lands on site and
the trailer is a small structure which is painted brown to blend with the surrounding dirt and
vegetation. The existing scenic resources nearby, namely the lagoon and the adjacent natural
open space, are not disturbed or blocked by the information center. There are no
environmentally sensitive resources on the historically disturbed trailer site and the adjacent
lagoon wetlands and upland habitats are being preserved in their existing state. The information
center serves as an educational enhancement to the existing North Shore Trail, thereby improving
the public access experience. Considering the above, the BLF information center is consistent
with the Local Coastal Program.
C. P-C - Planned Community Zone (Chapter 21.38 of the Zoning Ordinance)
The project site is zoned Planned Community Zone (P-C) and, therefore, subject to the
provisions contained in Chapter 21.38 of the Zoning Ordinance. The P-C zoning contains no
development standards or design criteria and defers such regulation to the applicable master plan.
Since the area is covered by the Aviara Master Plan, the provisions of the master plan serve to
implement the Planned Community zoning. Therefore, discussion of conformance with the
Aviara Master Plan in section D below also qualifies as a discussion of conformance with the
Planned Community zone.
D. Aviara Master Plan (MP 177 and its amendments)
The project site is located in the southwest corner of Aviara's Planning Area 30 and subject to
the applicable requirements and restrictions of that planning area. Planning Area 30 is a single
family neighborhood located on a bluff top and subject to the R-l One Family Residential
development standards, except as modified in the master plan text. According to the Planning
Area 30 master plan text, the site is designated for open space and not for residential
development. The site also lies within a lot covered by a City open space easement. Since the
project site lies within an open space area, no development standards or design guidelines exist in
the master plan that would apply to the information center. The master plan, therefore, defers to
the Municipal Code with respect to permitted and conditional uses in an open space zone.
Considering the above, the proposal is not in conflict with the provisions of the Aviara Master
Plan.
E. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance)
Section 21.42.010(5)(S) of the Zoning Ordinance describes the situation and requirements for the
temporary use of a trailer or mobile office for non-residential uses. Such uses of mobile or
modular offices require a Conditional Use Permit and can occur in all zones except residential.
The zoning on the project site is P-C, Planned Community, which does not qualify, in and of
itself, as a residential zone. Rather, it defers the zoning to the underlying master plan. As
discussed above, the portion of Aviara Planning Area 30 is designated for open space uses, again
a non-residential zoning, thereby allowing the placement of the modular information center upon
issuance of a Conditional Use Permit.
CUP 96-26/CDP 96-15 - B/^flQUITOS LAGOON FOUND AXIOM INFORMATION CENTER
JUNE 4, 1997
PAGES
The following restrictions on allowing a temporary mobile or modular office are specifically
defined in Section 21.42.010(5)(S). The occupancy of such a facility may not exceed one year,
unless otherwise extended by the Planning Commission. The Conditional Use Permit shall not
be extended unless construction of the structure intended for occupancy by the applicant has
begun and reasonable progress towards completion has been made. Also, the method of
placement of the trailer, the landscaping and other design aspects shall be approved as part of the
Conditional Use Permit. The trailer and the surrounding improvements, including an access
ramp and native plant display area, are included in the project description for this Conditional
Use Permit thereby meeting this requirement. As stated in Planning Commission Resolution No.
4111 for CUP 96-26, all findings required for the issuance of a Conditional Use Permit can be
made. Therefore, the BLF information center conforms to the requirements of the Conditional
Use Ordinance.
V. ENVIRONMENTAL REVIEW
The temporary information center has been reviewed for potential environmental impacts. Most
of the potential impacts for development on the site have been previously reviewed through the
Master Environmental Impact Report for the 1994 General Plan Update. Those potential impacts
remaining deal with biological resources and aesthetics. As verified by field investigations and
correspondence by the California Department of Fish and Game, no significant flora or fauna
exist on the site or in the immediate vicinity so as to require mitigation. The small, 528 square
foot modular building is wood-sided, painted brown to blend with the background vegetation and
bare soil, minimizing visual impacts. Therefore, no significant environmental impacts were
determined to result from the temporary information center and the Planning Director issued a
Negative Declaration on May 12, 1997. No comments were received concerning the Negative
Declaration during the 21 day public review period.
ATTACHMENTS:
1. Planning Commission Resolution No. 4110
2. Planning Commission Resolution No. 4111
3. Planning Commission Resolution No. 4112
4. Location Map
5. Disclosure Statement
6. Background Data Sheet
7. Exhibits "A" - "B", dated June 4,1997.
ARPORT
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City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
2.
3.
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894
5. Have you had me. than §250 worth of business tran^-jted with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
Yes No If yes, please indicate person(s):.
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a unit." , :™,,,i^_
NOTE: Attach additional sheets if necessary.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
BACKGROUND DATA SHEET
CASE NO: CUP96-26/CDP96-15
CASE NAME: BATIOUITOS LAGOON FOUNDATION INFORMATION CENTER
APPLICANT: BATIOUITOS LAGOON FOUNDATION
REQUEST AND LOCATION: A Conditional Use Permit and Coastal Development Permit to
allow the continued placement and operation of a modular information center located north of the
Batiquitos Lagoon, between Gabbiano Lane and Batiquitos Drive.
LEGAL DESCRIPTION: Lot 77 of Carlsbad Tract CT 90-30. Unit 2. according to Map
No. 13370. filed in the Office of the County Recorder on November 8. 1996. in the City of
Carlsbad. County of San Diego, State of California.
APN: 215-801-27 Acres: 0.25 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0.0-3.2 du/ac Density Proposed: N/A
Existing Zone: P-C Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site P-C modular info center
North P-C open space
South O-S open space
East P-C open space/sewer pump
West R-l-Q single family residential
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 0.0
Public Facilities Fee Agreement, dated: N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued May 14. 1997
Certified Environmental Impact Report, dated_
Other,