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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 ( 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. ( 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) ( BATIQUITOS LAGOON EDUCATIONAL PARK MARCH 15, 1989 Page 5 Attachments 1. Planning Commission Resolution No. 2767 2. Planning Commission Resolution No. 2768 ( 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. ( 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 ( 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 ( 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