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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 lltllllllll .*RD •••••••••V II/ \ .11- »S^''-..n.^itg^::^^f'f- BATtQUTTOS LAGOON LA BLF INFORMATION CENTER CUP96-26/CDP96-15 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,