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HomeMy WebLinkAbout1985-10-15; City Council; Resolution 82281 2 3 4 5 6 7 & 9 1c 11 12 1: 14 1: 1t 1: I€ 1: 2( 22 2: 2; 2L 2: 2( 2': 2t RESOLUTION NO. 8228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE REVISED WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES LOCAL COASTAL PROGRAM (LCP) AMENDMENT (ADDITION OF THE SEGMENT TO THE CARLSBAD LCP). WHEREAS, the City of Carlsbad has received the certified Local Coastal Program (LCP) documents for that portion of the Carlsbad Coastal Zone specified in California Public Resources Code Section 30170(f) and 30171 (Mello Bills I and 11) from the California Coastal Commission; and WHEREAS, the West Batiquitos Lagoon/Sammis Properties were initially included in the San Dieguito LCP and not in the Carlsbad LCP; and WHEREAS, the West Batiquitos Lagoon/Sammis Properties have been annexed to the City of Carlsbad and subsequently removed from the San Dieguito LCP jurisdiction by the Coastal Commission in 1984; and WHEREAS, the amendment would add the West Batiquitos Lagoon/ Sammis Properties as a logical addition to the Carlsbad LCP; and WHEREAS, the West Batiquitos Lagoon/Sammis Properties LCP amendment reflects the general policies established by the Land Use Plan segment of the San Dieguito LCP which was Commission certified in July 1982; and WHEREAS, the amendment reflects the approved Batiquitos Lagoon Educational Park Master Plan that pertains to portions of the area; and WHEREAS, the City Council has reviewed the amendment and found its provisions to be acceptable for administration as City policy; and 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City is prepared to adopt necessary resolutions and ordinances to enable the City to receive LCP "effective certification" pursuant to the LCP documents approved by the City on October 15, 1985; and WHEREAS, the City intends and is prepared to issue Coastal Development Permits pursuant to the LCP documents when amended as established herein and implemented by City resolutions and ordinances; and WHEREAS, necessary public review of the proposed LCP amendment has been provided by the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City of Carlsbad is prepared to adopt by appropriate local resolutions and ordinances the Local Coastal Program Amendment for that portion of the Coastal Zone specified in Attachment B (text) and Maps A, B & C attached hereto and made a part hereof. 3. That subject to the adoption of the appropriate local resolutions and ordinances the City of Carlsbad is prepared to administer and carry out the requirements and provisions of the Local Coastal Program as amended. 4, That the City Council directs the City Manager to forward this resolution along with any other necessary documents as an application pursuant to Public Resources Code Section 30514 and 2 California Administrative Code Section 13551(b)(2) for an amendment to the Local Coastal Program for that portion of the Coastal Zone specified in this resolution, and further, that the 1 2 3 4 5 6 7 E s 1c 11 12 1; 1L 1: It 1' 11 l! 2( 2: 21 2 2 2 2 2 2 :alifornia Coastal Commission be requested to authorize :ertification pursuant to 2 California Administrative Code ;ection 13544 of the Local Coastal Program as amended after the 3ity has adopted the necessary implementing ordinances and resolutions. PASSED, APPROVED AND ADOPTED at a regular meeting of the 15th 3ity Council of the City of Carlsbad, California on the say of October AYES: NOES: None , 1985 by the following vote to wit: Council Wers Casler, Lewis, Kulchin, Chick and Pettine ABSENT: lane MARY H. kASLER, Mayor ATTEST : (SEAL) ATTACHMENT B WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES LAND USE This attachment amends the Carlsbad Local Coastal Program by including the West Batiquitos Lagoon/Sammis Properties geo- graphic area within the jurisdiction of the Carlsbad Local Coastal Program (LCP). the San Dieguito LCP, was annexed to the City in 1983 and removed from the San Dieguito LCP jurisdiction by the California Coastal Commission in 1984. This area, which was formerly part of 1. Land Use Categories (the following areas designated by letter constitute the types of land uses allowed for each "use area" of the LCP - see Map A). All land use and dev- elopment is subject to the provisions of the Batiquitos Educational Park Master Plan as adopted by the Carlsbad City Council Ordinance No. 9778. No development inconsis- tent with the Master Plan shall be permitted. To the extent that there are inconsistencies between this plan and the Master Plan the most restrictive shall prevail. A. Educational Park (40.3 acres) This area is intended to provide for educational institutions and other permitted or related uses. A maximum of 731,000 sq.ft. of building area is permitted within this land use area. Of this amount approximately 220,000 sq.ft. shall be devoted to the educational institution and a maximum of 511,000 sq.ft. to private research and development, office and support facilities. B. Residential, Multi-Family (2.3 acres) This area is designed for residential attached housing in the form of condominiums and/or apart- ment units. General development standards shall conform to the Batiquitos Educational Park Master Plan. A maximum of 52 units are permitted in conjunction with private recreational facili- ties. C. Residential, Single Family (15.3 acres) Area C is designated for single family residential homes with the provision for zero lot lines and ten (10) percent inclusion of two-family attached units. General development standards shall conform to the Batiquitos Educational Park Master Plan. A maximum of 77 units are allowed. - 1- D. E. F. G. H. I. Residential, Multi-Family (4 .O acres) This area is designated for attached residential townhomes. General development standards are established by the Batiquitos Educational Park Master Plan. A maximum of 36 units are allowed in conjunction with private recreational facilities. Residential, Multi-Familx (6.2 acres) Area E permits residential attached housing in the form of condominiums and/or apartment units. Gen- eral development standards are established by the Batiquitos Educational Park P4aster Plan. A maximum of 144 residential units are allowed in conjunction with private recreational facilities. Residential, Multi-Family (7.7 acres) This area is designated for residential attached housing in the form of townhomes, General develop- ment standards are established by the Batiquitos Educational Park Master Plan. A maximum of 54 units are allowed in conjunction with private rec- reational facilities. Residential, Multi-Family (9.9 acres) Area G is designated for attached housing in the form of student housing and traditional multi-family resi- dential. General development standards are established by the Batiquitos Educational Park Master Plan. A maximum of 100 student housing units and 70 multi- family units are permitted. Residential, Single Family (4.9 acres) Area H is designated for single family residential homes with the provision for zero lot lines and ten (10) percent inclusion of two-family attached units. General development standards are established by the Batiquitos Educational Park Master Plan. A maximum of 28 residential units are allowed. HealthIRecreation Center (12.8 acres) The uses in Area I could be a wide variety of sports- and-health-related activities. Included within the center are a gymnasium, pool, sports fields, tennis courts, nutrition/sports injury clinic, health center, dav care center and student union/book store. The -2- gymnasium will serve as a training facility for members of the U.S. Olympic Team during normal business hours and be open to the public during the evening and on weekends. - Maximum number of tennis courts: 7 - Maximum gymnasium square footage:. 60,000 - Maximum day care square footage: - Maximum tennis building square footage: 600 - Maximum health club/sports injury clinic/ nutrition center square footage: 29,300 - Maximum student oriented commercial square footage: 22,000 10,000 J. Tourist Commercial Center (4.7 acres) Area J provides for tourist-commercial services, in particular to the hotel and conference center (see next land use area K). Uses in this area will be directed toward the needs of tourists visiting the hotel, conference center and local scenic and rec- reation areas. General development standards shall conform to the Batiquitos Educational Park Master Plan. A maximum of 58,000 square feet of tourist- commercial uses are permitted. K. Hotel (12.0 acres) This area permits a hotel and related accessory uses. tained by a hotel management group. In addition, Area K allows for hotel units designated a5 vaca- tion time-share units provided that a subdivision map is recorded and the time-share is processed under Sec.21.42.010 of the Carlsbad Municipal Code. These units may be sold or leased on a daily or weekly basis. be maintained and managed by an independent manage- ment entity which may, or may not, be affiliated with the hotel management group. General develop- ment standards shall conform to the Batiquitos Educational Park Master Plan. A maximum of 220 hotel units in conjunction with private recreation facilities are allowed. The hotel units will be managed and main- In this event the facilities shall L. Executive Hotel and Conference Center (5.9 acres) Area L permits a hotel and conference center with recreation facilities, administrative offices, banquet facilities and accessory retail uses as approved by the Land Use Planning Manager. -3- - Maximum number of executive hotel suites: 150 -- Maximum square feet of conference center: 25,000 - Maximum number of tennis courts: 5 Uses commonly found with full-service hotel faci- lities are permitted, such as conference center, swimming pool, health club, dining facilities and accessory retail uses provided for the convenience of hotel guests when located within the hotel structure (s) . M. Town and Country Center (6.4 acres) Area M permits neighborhood-commercial services to the nearby areas. neighborhood-commercial needs of the residents and employees of the area to be master planned. Resi- dential uses are also allowed within Area M provided the use is located above the ground floor of a multi- storied building which includes permitted use on the ground floor. The uses in Area M shall conform to the standards of the Batiquitos Educational Park Master Plan. The uses must be directed to the - Maximum square feet of general-commercial - Maximum number of residential units above uses: 61,000 +/- commercial: 44 N. Open Space (18.7 acres) Area N must remain in natural open space with limited public access permitted. passive uses. allowable uses shall be determined by and be consis- tent with the Batiquitos Lagoon Enhancement Plan (see following Section 5 re. Enhancement Plan). In the event the Lagoon Enhancement Plan is not comp- lete when adjacent uses are ready for occupancy, the property owner shall have prepared an alternative plan for lagoon enhancement. form to the Batiquitos Educational Park Plaster Plan. The area shall allow only The exact nature and extent of the Area N uses must con- 0. Open Space - (4.6 acres) Area 0 must remain in open space with limited public access permitted. The area shall allow only passive uses. The exact nature and extent of allowable uses shall be determined by and be consistent with the Batiquitos Lagoon Enhancement Plan (see following Section 5 re. Enhancement Plan). In the event the Lagoon Enhancement Plan is not complete when adjacent -4- uses are ready for occupancy, the property owner skrall have prepared an alternative plan for lagoon enhancement. Area 0 uses must conform to the Batiquitos Educational Park Master Plan. P. Open Space (12.1 acres) Area P must remain in open space with limited public access permitted. The area shall allow only passive uses. The exact nature and extent of allowable uses shall be determined by and be consistent with the Batiquitos Lagoon Enhancement Plan (see following Section 5 re. Enhancement Plan) . In the event the Lagoon Enhancement Plan is not complete when adjacent uses are ready for occu- pancy, the property owner shall have prepared an alternative plan for lagoon enhancement. Area P uses must conform to the Batiquitos Educational Park Master Plan. THE ABOVE LAND USE CATEGORIES REFLECT DISTRICTS WITHIN THE AREA KNOWN AS SAMMIS PROPERTIES -- THIS LCP AMENDMENT INCLUDES ADDITIONAL AREA TO THAT OF THE SAMMIS PROPERTIES, THE FOLLOWING LAND USE CATEGORY COVERS THOSE AREAS OUTSIDE THE SAMMIS PROPERTIESf BUT WITHIN THIS AMENDMENT -- SEE MAP B. Q. West Batiquitos Lagoon (approx. 120 acres) Public Resources Code Section 30233 (c) identifies Batiquitos Lagoon as one of 19 priority wetlands and limits the types of uses and activity that may occur there. This area is Open Space (0-S) in order to preserve the function of the lagoon and the immed- iately adjacent uplands as a viable wetland ecosystem and habitat for resident and migratory wildlife. Uses shall be limited to activities related to habi- tat enhancement, educational and scientific nature study, passive recreation which will have no signi- ficant adverse impacts on habitat values, and aquaculture having no significant adverse effect on natural processes or scenic quality. 2. Agricultural Lands (approximately 60 acres, non-prime). Identified non-prime agricultural lands .are shown on Map C. These lands may be converted to urban udes as specified in this plan and the Batiquitos Educational Park Master Plan, upon the payment of an agricultural conversion mitigation fee, This fee implements Public Resources Code Sec. 30171.5. -5- Unconverted agricultural land may be used for purposes specified in the Carlsbad E-A zone, CMC, 21.07, or the Coastal Agricultural zone if adopted pursuant to the "Mello 11" segment of the Carlsbad LCP as amended. Agricultural Conversion Mitigation Fee: Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural conversion fee which shall mitigate the loss of agricultural resources by preserving or enhanc- ing other important coastal resources. The amount of the fee shall be determined by the City Council at the time it considers the propo- sal for development and shall reflect the per acre cost of preserving prime agricultural land pursuant to Option 1 of the "Mello 11" portion of the Carlsbad LCP, as amended, but shall not be less than $5,000 nor more than $10,000 per acre. All mitigation fees collected under this section shall be deposited in the State Coastal Conservancy Fund and shall be expended by the State Coastal Conservancy in the following order priority: Restoration of natural resources and wildlife habitat in Batiquitos Lagoon. Development of an interpretive center at Buena Vista Lagoon. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad. Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad, City Council. Agricultural improvements which will aid in continuation of agricultural production within the Carlsbad Coastal Zone, as determined by the Carlsbad City Council. - 3. Grading and Erosion Control. close to environmentally sensitive habitats, development shall conform to the following grading and erosion standards: Because the area is located A. Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or off site to prevent siltation of lagoons and other environ- mentally sensitive areas. -6- B. Grading activity shall be prohibited during the rainy season from October 1st to April 1st of dny year. Grading during this period may occur with the approval of both the City Engineer and the California Coastal Commission. C. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent materials. Landscaping shall be maintained and replanted if not established by December 1st. D. Grading plans shall indicate staking or fencing of open space areas during construction and shall specifically prohibit running or parking earth- moving equipment, stockpiling or earthwork mat- erial, or other disturbances within the open space areas. E. Any necessary temporary or permanent erosion con- trol devices, such as desilting basins, shall be developed and installed prior to any on, or off, site grading activities, or, concurrent with grading, provided all devices are installed and operating prior to October lst, and installation is assured through bonding or other acceptable means. F. The developer must provide for the long-term maintenance of drainage improvements and erosion control devices. Note: The Batiquitos Educational Park Master Plan provides additional specific standards which relate to grading - see standards for indi- vidual use areas and General Grading Guidelines. 4. Landscaping. In order to guard against introduction of any species which are inherently noxious to, or incompatible with, the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used to the maximum extent feasible. Landscaping adjacent to structures should provide an effective screen of urban development. Note: Thg Batiquitos Educational Park Master Plan provides additional specific standards which relate to landscaping - see standards for individual use areas and the Open Space section. 5. Environmentally Sensitive Habitats. The environmentally sensitive habitats located on the affected area (i.e. wetlands and bluff slopes) shall be preserved as open space. -7- These sensitive areas shall be protected from any sig- nificht disruption. Furthermore, development on the bluff tops shall be set back from the bluff edges to prevent possible impacts on adjacent evironmentally sensitive habitats. Any restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with a Batiquitos Lagoon Enhan- cement Plan. When completed by the California Coastal Con- servancy and adopted by the City of Carlsbad, and certified by the California Coastal Commission, the Batiquitos Lagoon . Enhancement Plan will become an attachment to the Carlsbad Local Coastal Program. The provisions called for in 5 will be implemented through the approvals granted for development. 6. Public Access. A pedestrian walkway shall be provided along the western property of areas J, K, L and P from approxi- mately Ponto Drive on the north to the San Marcos Creek Bridge on the south. The walkway shall be permanently open to use by the public. Lagoon accessways, bluff top accessways or equivalent over- look areas, or a bike path/pedestrian walkway, shall be provided if agricultural land on the north shore of Bati- quitos Lagoon is developed. Such accessways shall be pre- served for public use by requiring irrevocable offers of dedication of those areas as a condition of development. The accessways shall not adversely impact environmentally sensitive habitats. The public facilities and improvements specified by the Batiquitos Educational Park Master Plan shall be provided by the developer - see Phasing, Open Space and Public Fac- ilities Phasing sections of the Master Plan. 7. Archaeology. A program of preservation and/or impact mitigation regarding archaeological sites located on the affected area shall be completed prior to any development. 8. State Lands Commission Review. Prior to issuance of a coastal development permit, the permittee shall obtain a written determination - from the State Lands Commission that: A. No State Lands are involved in the development, or B. State Lands are involved in the development and all permits required by the State Lands Commission have been obtained, or pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. C. State Lands may be involved in the development, but -8- 9. Mast- Plan Approval. The Batiquitos Lagoon Master Plan as adopted by the Carlsbad City Council Ordinance No. 9778 is approved as the Implementing Ordinance for this Land Use Plan. ment the Agricultural Mitigation Fee. be certified by the Commission Executive Director without further Commission actio-n. Upon certification by the Executive Director this portion of the Carlsbad Local Coastal Program shall be deemed certified. The Master Plan shall be amended to imple- The amendment may -9- e .. , .. . . .. . .. . . . 6 north - WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES LCP AMENDMENT Map A r/ag 10185 LCP Amendment Boundary 11111111111141 Map B rlag 10185 - -_