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HomeMy WebLinkAbout2004-01-07; Planning Commission; ; CUP 03-05|CDP 03-40 - BATIQUITOS LAGOON INFORMATION CENTER, tthe City of Carlsbad Planning Departmet A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 7, 2004 Item No.@ Application complete date: October 14, 2003 Project Planner: Van Lynch Project Engineer: Jeremy Riddle SUBJECT: CUP 03-05/CDP 03-40 -BATIOUITOS LAGOON INFOR.J.,1ATION CENTER -Request for approval of a Conditional Use Permit and Coastal Development Permit to allow the continued operation of a 528 square foot modular infom1ation 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. RECOl\11\IENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5511 and 5512 APPROVING Conditional Use Pem1it CUP 03-05 and Coastal Development Permit 03-40, based on the findings and subject to the conditions therein. II. INTRODUCTION The Batiquitos Lagoon Foundation (BLF) is requesting the Conditional Use Permit (CUP) for the coniinued use and operation of an existing single-wide, 528-square foot modular building as a lagoon information center located near the westerly terminus of the North Shore Batiquitos Lagoon Trail, just southeasterly of the terminus of Gabbiano Lane. The trailer was moved to its existing location on a temporary basis (six months) under the administrative approval of CDP 96-06 and subsequently approved for a one-year period by CUP 96-26 and CDP 96-15. The CUP and CDP expired on June 4, 1998 and the BLF is requesting a one-year CUP for the continued use of the trailer for the information center. A CUP is required for the temporary placement of a trailer or modular building in accorda11ce with Section 21.42.0lO(S)(S) of the Carlsbad :Municipal Code. A Coastal Development Permit (CDP) is required because the project qualifies as development in the coastal zone. The project confom1s to all applicable regulations and staff has no outstanding issues with the proposal. Ill. PROJECT DESCRIPTION AND BACKGROUND The BLF is requesting approval of a new CUP and CDP to allow the continued placement and operation of a 52S square foot modular infomiation 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 -fom1erly Brocatto). Immediately to the east of the project site is the North Batiquitos Pump Station, operated by the Leucadia County \Vo.ter 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. Th~ infomrntion center site is a relatively flat area, clear c,f any habitat and completely outside of the 100-foot wide wetlands buffer for the 0 CUP 03-05/CDP 03-40 -'TIQUITOS LAGOON Il\1FOfiltfATI!IP CENTER January 7, 2004 Pa e2 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, singlewide trailer measures 12 feet wide, 45 feet long and approximately 14 feet high. It is wood-sided and the exterior is gray in color. Anached to the mobile office is a wooden access ran1p for the physically chalienged and an overhead lattice shade structure. Also associated with the information center are an outdoor display area, containing progran1 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 sen1ed 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 infom1ation 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 allo,v 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 si.x 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 CUP and CDP to allow the information center to continue beyond the six-month time limit. The subsequent CUP was granted for a one-year period with the condition that the permit would not be extended unless construction of the permanent structure intended for the occupancy by the applicant has begun and reasonable progress towards completion has been made. The CUP has since lapsed and the BLF is requesting a new one-year CUP for the continued operation of their temporary facility. The BLF has worked toward securing a pem1anent facility. The BLF had the opportunity to get the red barn that once sat at the corner of La Costa Avenue and El Camino Real. They were unable to place the building at a favorable location, near Arena! Rd. west of El Can1ino Real, and have since lost that opportw1ity. The BLF continues to look for ways to fund and provide for a permanent facility. This CUP is recommended for a one-year period. During this period, staff is conditioning the project applicants to provide a quarterly update as to the efforts being made to secure funding and/or approvals for a permanent facility. The BLF will need to consider other permitting CUP 03-05/CDP 03-40-ITIQUITOS LAGOON Thl'FORMATicl CENTER January 7, 2004 Pa e3 mechanisms to allow the facility to remain as the CUP is only possible for a one-year period. This may be through the processing of a Master Plan amendment to the Aviara Master Plan and/or to rezone the property to Open Space, which may allow the facility as a permitted accessory structure. The proposal is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. P-C -Planned Community Zone (Chapter 21.38 of the Zoning Ordinance); D. Aviara Master Plan (!vIP 177 and its amendments); and E. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance). IV. 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 ,vith these particular elements of the General Plan. TABLE 1-GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, PROPOSED USES AND COl\IPLIANCE OBJECTIVE OR PROGRAM L'\lPROVEl\1ENTS Land Use Develop and retain open space in all The information center categories of land use. provides open space educational opportunities Yes without negatively impacting the nearby natural open space resources. Open Space A City that protects environmentally The trailer and entry ramp sensitiYe land and buffer areas. for physically c hal1enged individuals are completely Yes out of lagoon wetlands and 100-foot buffer. CUP 03-05/CDP 03-40 -'TIQUITOS LAGOON Th.TFORMATI. CENTER January 7, 2004 Pa e4 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 Progran1 (LCP) and is subject to the provisions contained therein. The Land Use Plan and in1plementing 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 instability and erosion. There are no agricultural activities or prime agricultural lands on site and the trailer is a small structure that is painted gray to blend with the surrounding environment. The existing scenic resources nearby, namely the lagoon and the adjacent natural open space, are not disturbed or blocked by the infommtion 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. The project is appealable to the Coastal Commission. 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 A viara 1\faster Plan covers the area, the provisions of the master plan senre 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 comer of Aviara's Planning Area 30 and subject to the applicable requirements and restrictions of that planning area. Planning Area-~0 is a single- family neighborhood located on a bluff top and subject to the R-1 One ~ly Residential development standards, except as modified in the master plan text. Accoriling 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 21.42.0l0(S)(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 CUP 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 CUP 03-05/CDP 03--40 -•TIQUITOS LAGOON INFORMATI~ CENTER January 7, 2004 Pa e5 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 CUP. The following restrictions on allowing a temporary mobile or modular office are specifically defined in Section 21.42.0l0(S)(S). The occupancy of such a facility may not exceed one year, unless otherwise extended by the Planning Commission. The CUP 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. Since the BLF does not presently have an application in for a permanent facility, it may be impossible to further extend the CUP. Also, the method of placement of the trailer, the landscaping and other design aspects shall be approved as part of the CUP. The trailer and the surrounding improvements, including an access ramp and native plant display area, are included in the project description for this CUP thereby meeting this requirement. As stated in Planning Commission Resolution No. 5511 for CUP 03- 05, all findings required for the issuance of a CUP can be made. Therefore, the BLF information center conforms to the requirements of the Conditional Use Ordinance. Because the temporary trailer is compatible in design with the Open Space; promotes knowledge of the Batiquitos Lagoon and usage and enjoyment of the trail and; the Batiquitos Lagoon Foundation continues to seek funding for a permanent facility, staff is recommending support of the Conditional Use and Coastal Development permits. V. ENVIRONl\lENTAL REVIE,v The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5511 2. Planning Commission Resolution No. 5512 3. Location Map 4. Disclosure Statement 5. Background Data Sheet 6. Planning Commission Resolution No. 4111 (CUP 96-26) 7. Planning Commission Resolution No. 4112 (CDP 96-15) 8. Exhibits .. A" -··c" dated January 7, 2004 VL:bd -- BATIQUITOS LAGOON INFORMATION CENTER CUP 03-05/CDP 03-40 -c· 1ty of -Garis bad lwEi,i,h,l·l·l4·f i 31, ,iJ,i I DISCLOSURE STA TE1\1E!S'T · Applic~t's stat?1ent or disclosure of ~ertain ov.:nerslup intereslS on all apphca11ons_ whi.ch will require l discretmnary action on the part of the Cu:y Collllcil or any appointed Board. Comrn1ss1on or Comrnmee. • The following information MUST be disclosed at the time of application subrnmal. '\ ·our proJ eel cannot be reviewed until this information is completed. Please print. Note: Person is defined as "'Any individual. fum. co-partnership, joint venture. association. social club. fraternal orgamzation. corporation. estate, trust, receiver, syndicate, in this and any other county. dry and county. city municipality. district or other political subdivision or any other group or combination acting as a unit.·· Agents may sign this document; however,~ legal name and entity of the applicant and property ovmer must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of AU persons haYing a financial interest in the application. If the applicant includes a cornorarion or pannership. mclude the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publiclv-o'Wiled comorat10n, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Seth Schulberg Title President AddressP.O. Box 130491 Carlsbad, CA 92013 2. OWNER (Not the o\Vller's agent) Corp/Part Batiguitos Lagoon Em mdatil)n Title ______________ _ Address _____________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership {i.c, partnership, tenants in common, non-profit, corporation. etc.). If the ov.nership includes a ·corporation or partnershlp. include the names, title, addresses of all individuals ov..ning more than l 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN l 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned comoration. include the names, titles, and addresses of the corporate officers. (A ~eparate page may be attached if necessary_] Perso~\Cn~ Corp/Part Aviara Master Homeowners Assoc. Title J?i;i;,~~ Title ____________ _ Address 791'0 Avenida Encinas Suite 8200 Carlsbad, CA 92008 Address _____________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 3. ~O~-PROnT ow !\'lZA TIO~ OR TRl"ST -If any person 1denufied pursuant to ( 11 or C) abo\'e 1.s a nonprofitorgamza11on o-:-a r;'";;:: . :~'. '.''., names and addresses of A_ ,·y person servmg as an officer or director of the nor.-nrc,: 1: organization or as trustee or beneficiary of the. Non Profit-Trust 13AT • i..A 6. Fo'-'VO, Non Profit Trust Title fJ a.~51 Y.i& r-.'1 Address p.o> lb J '3 0 L./ '1 i c..,=, )1.... L~ 0JC10 1 z.oo9 ------------ Title ----------------Address, _____________ _ 4. Have you had more than $250 worth of business transacted with any member of C1~· staff. Boards, Commissions, Committees and/or Council withm the past ri.velve P 2) months: OYes [Z] No If yes. please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above informauon 1s true and correct to the best of my knowledge. Signature of owner/date k/!U. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of ov.'Iler/applicant's agent if applicable/date Print or type name of owner/applicant's agent H.AOMINICOUNTERIOISCL6SURE STATEMENT 5i9B Page 2 of 2 ,. I• -- 2003 Batiquitos Lagoon Foundation Board of Directors Seth Schulberg {President) 1530 Faraday Ave. Carlsbad, CA 92008 (work) 760-931-0780X108 zeff@nctimes.net Mona Baumgand {Vice-president) 1630 Burgundy Rd. Encinitas, CA 92024 760-753-2686 mona.baumganel@cox.net Fred Sandquist {Secretary) 6408 Crossbill Coun Carlsbad,CA 92009-2783 sandquist2@eanhlink.net 760-918-2408 Rick Ransburg (Treasurer) 7447 Batiquitos Dr. Carlsbad, CA 92009 760-603-6914 rick.ransburg@fourseasons.com John Burns 7564 Navigator Circle Carlsbad,CA 92009 760-931-6615 burnsjw@appliedbiosystems.com Don Connors 921 Begonia Coun Carlsbad,CA 92009-4807 760-931-0200 primussystems@earthlink.net Sheila Locko 1756 Burgundy Rd. Leucadia, CA 92024 760-942-8119 resource@alravista.net SteveNonon 283 La Costa Ave. Encinitas, CA 92024 760-633-4536 nortsurf@aol.com Liz Paegel 2218 Recodo Ct. Carlsbad, CA 92009 760-943-7583 lizpaegel@adelphia.net -- CASE NO: -BACKGROUND DAT A SHEET - CUP 03-05/CDP 03--40 CASE NAI\IE: BATIOUITOS LAGOON Il\TFORMATION CENTER APPLICANT: BATIQUITOS LAGOON FOUNDATION REQUEST AND LOCATION: Temporary modular facility located on the southerly terminus ofGabbiano Lane on the north shore ofBatiquitos Lagoon. LEGAL DESCRIPTION: Lot 77 of Carlsbad Tract Map 90-30, Unit 2 APN: 215-801-27-00 Acres: 17.61 Proposed No. ofLots/Units: _1 _________ _ GE1'~RAL PLAN AND ZONING Land Use Designation: Open Space -Trailer for Batiquitos Lagoon Foundation Density Allowed: N_/A ______ _ Density Proposed: N_/A __________ _ Existing Zone: Planned Community Proposed Zone: Planned Community Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Planned Community Open Space Open Space North Planned Community Residential Low-Medium Residential South Open Space Open Space Open Space East Planned Community Residential Low-Medium Residential West Planned Community Open Space Open Space PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad -==="-='----- Equivalent Dwelling Units (Sewer Capacity): -=O=n=e _______________ _ ENVIRONMENTAL IMPACT ASSESS1\1ENT D Negative Declaration, issued ____________________ _ D Certified Environmental Impact Report, dated ______________ _ lZ! Other, 15301 -exempt-existing facilties