HomeMy WebLinkAbout2014-07-16; Planning Commission; ; CUP 12-11|CDP 12-23 - BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: January 7, 2013
P.C. AGENDA OF: July 16, 2014 Project Planner: Greg Fisher
Project Engineer: David Rick
SUBJECT: CUP 12-11/CDP 12-23 – BATIQUITOS LAGOON FOUNDATION VISITORS CENTER –
Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program and Addendum, and the approval of a Conditional Use Permit
(CUP) and Coastal Development Permit (CDP) to replace an existing single-wide, 528
square foot mobile building with a new double-wide, 1,244 square foot mobile building
and to allow the continued use of the mobile building as a lagoon information center
(Visitors Center) operated by the Batiquitos Lagoon Foundation (BLF) on property
generally located near the westerly terminus of the North Shore Batiquitos Lagoon Trail,
approximately 250 feet southeasterly of the terminus of Gabbiano Lane in the Azure Cove
Development of Aviara within the East Batiquitos Lagoon/Hunt Properties Segment of the
Local Coastal Program and Local Facilities Management Zone 19. The project site is within
the appealable area of the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7064 ADOPTING a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT
Planning Commission Resolution No. 7065 APPROVING Conditional Use Permit CUP 12-11 and Coastal
Development Permit CDP 12-23, based upon the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Existing Site Conditions
The Batiquitos Lagoon Foundation Visitors Center site is a relatively flat area, clear of any habitat where
the existing mobile building is located, and completely outside of the 100-foot wide wetlands buffer for
the Batiquitos Lagoon. The existing 528 square foot mobile building is screened by mature vegetation
that helps reduce its visibility from the residential development directly to the north. A chain-link fence
separates the BLF site from a vacant parcel located immediately to the west and another chain-link fence
separates the BLF site from a sewer lift station located immediately to the east.
Project Description and Background
The BLF is requesting a Conditional Use Permit and Coastal Development Permit for the replacement of
the existing single-wide, 528 square foot mobile building, currently used as the Batiquitos Lagoon Visitors
Center with a new double-wide, 1,244 square foot mobile building on property generally located near the
westerly terminus of the North Shore Batiquitos Lagoon Trail, approximately 250 feet southeasterly of the
terminus of Gabbiano Lane in the Azure Cove Development of Aviara, in the Planned Community (P-C)
Zone. The new mobile building measures 24 feet wide, 56 feet long, and approximately 14 feet tall. The
exterior building material is stucco and will be painted a light brownish color to help blend in with the
surrounding open space. The roof is made of steel but will replicate Spanish tile and is a charcoal grey
color. Attached to the front (south side) of the mobile building is a 12’ x 47’ deck with access ramp for
4
CUP 12-11/CDP 12-23 – BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
July 16, 2014
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the physically challenged. Also associated with the Visitor Center is an outdoor display area containing
program boards. The existing mobile building has an expired CUP and was moved to its existing location
on a temporary basis and has been in operation since 1996.
The proposed project also includes establishing brush management zones adjacent to the Visitors Center.
The purpose of the brush management zones is to provide protection for the proposed structure from
wild fires. The brush management zones applicable to this project are located within a maximum of 60
feet from the Visitors Center building. Brush management for the Visitors Center will include two zones,
Zone 1 and Zone 2. Zone 1 is non-irrigated and starts at the Visitors Center structure envelope and extends
outward for 30 feet. All vegetation will be removed within 15 feet of the structure. From 15 – 30 feet,
select specimen native plants may remain but must be separated by a minimum distance of six feet. Plants
may not exceed 48 inches and no tree crowns will be allowed within 10 feet of the structure. Along the
west side of the Visitors Center, all plant material will be removed along the existing fence and brow ditch.
Zone 2 is non-irrigated and extends from 30 – 60 feet from the proposed structure. Within Zone 2, a
native plant mosaic will be created with the existing plant material by removal of dead plants and other
plants as necessary.
Furthermore, the proposed project includes mitigation for the impact to sensitive biological resources
affected by the brush management zones and due to the removal of acreage from the City of Carlsbad’s
Habitat Management Plan (HMP) Hardline Preserve. An Equivalency Finding has been processed through
the wildlife agencies to allow for the removal of the 0.39 acre project site from the Existing Hardline
Preserve and replacement of this loss of preserve acreage by the addition of the 4.32 acre Park Hyatt
property into the HMP as Existing Hardline Preserve. The 4.32 acre Park Hyatt property mitigation area
is located approximately one mile east of the Visitors Center along the north shore of Batiquitos
Lagoon, just south of Batiquitos Drive and the Aviara Golf Course, and is comprised of a mixture of
native and non-native vegetation. All non-native vegetation within the 4.32 acre Park Hyatt property
shall be enhanced and/or restored to native vegetation. The Park Hyatt site is currently outside of the
HMP hardline boundary but is proposed to be included, thus there will be a net gain of 3.93 acres
within the HMP hardline preserve. Because an Equivalency Finding was processed, the project does
not require an HMPP for the incidental take of species of concern.
The Visitors Center is part of a docent/education 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 Visitors Center
are various displays and teaching aides to facilitate the educational process. Approximately two to three
people staff 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 northwest.
The original permits, CUP 96-26/CDP 96-15, that allowed the BLF Visitors Center at its current location
have expired. A CUP is required for the temporary placement of a mobile building in accordance with
Section 21.42.140(B)90 of the Carlsbad Municipal Code (CMC). A CDP is required because the project
qualifies as “development’ in the coastal zone. The CUP is recommended for a 5-year period, the
maximum allowed for a mobile building per the CMC. Staff is conditioning the project applicant to provide
an annual update as to the efforts being made to secure funding and/or approvals for a permanent facility
and/or location. The BLF will need to consider other subsequent permitting mechanisms to allow the
facility to remain at this location unless the CUP is extended by the Planning Commission for an additional
five years. This may be accomplished through the processing of a Master Plan amendment to the Aviara
CUP 12-11/CDP 12-23 – BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
July 16, 2014
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Master Plan and/or to re-zone the property to Open Space, which would allow the facility as a permitted
accessory structure required for the conduct of the permitted use.
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE A
Location General Plan Designation Zoning Current Land Use
Site
Open Space (OS) Planned Community
(Open Space per
Planning Area 30 of the
Aviara Master Plan MP
175)
BLF Visitors Center
North Open Space & Residential
Medium (RM)
Planned Community
(P-C)
Open space and Single
Family Residential
South Open space (OS) Open Space/Planned
Community
Batiquitos Lagoon
East Residential Low Medium (RLM) Planned Community Batiquitos Lagoon Sewer
Lift Station
West Open Space (OS) Planned Community Batiquitos Lagoon
III. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Open Space (OS) General Plan Land Use Designation and Open Space and Conservation
Element;
B. Planned Community (P-C) Zone (C.M.C. Chapter 21.38);
C. Aviara Master Plan (MP 177 and its amendments);
D. Local Coastal Program (East Batiquitos Lagoon/Hunt Properties);
E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); and
F. Growth Management (C.M.C. Chapter 21.90).
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in the sections below.
A. General Plan Compliance (Open Space Land Use Designation) and Open Space and Conservation
Element
The proposed replacement mobile building and continuation of the use as a Visitors Center is consistent
with the General Plan Land Use designation of Open Space (OS) and the Open Space and Conservation
Element. The project complies with the applicable policies and programs of the General Plan and the
City’s Habitat Management Plan. Particularly relevant to the proposal are the Land Use and Open Space
and Conservation Elements. Table B below demonstrates how the project complies with these particular
elements of the General Plan.
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TABLE B – GENERAL PLAN COMPLIANCE
ELEMENT USE CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM
PROPOSED USE AND
IMPROVEMENTS
COMPLIANCE
Land Use Develop and retain open space
in all categories of land use.
The BLF Visitors Center
provides open space
educational opportunities
within an open space
designated property.
Yes
Open Space Provide open space for
Aesthetic, Cultural and
Educational Purposes.
The BLF Visitors Center is
located adjacent to the
Batiquitos Lagoon along the
existing North Shore Trail
system and serves as an
educational enhancement.
Yes
Open Space Require private development
which impacts sensitive
resources to provide
appropriate mitigation
measures as identified in the
city’s Habitat Management Plan,
so that the existing biodiversity
within the City is maintained.
Habitat impacts have been
mitigated as demonstrated
through processing an
Equivalency Finding.
Yes
B. Planned Community (P-C) Zone
The project site is zoned Planned Community (P-C) and is therefore subject to the provisions of Chapter
21.38 of the Zoning Ordinance. The P-C zone contains no development standards or design criteria and
defers such regulations to the applicable master plan. Since the Aviara Master Plan covers the project
area, the provisions of the master plan serve to implement the Planned Community zoning. Therefore,
discussion of conformance with the Aviara Master Plan in Section C below also qualifies as a discussion of
conformance with the Planned Community zone.
C. 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-1 One-Family Residential Zone development
standards, except as modified in the master plan text. According to the Planning Area 30 master plan text,
the project 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 Visitors
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.
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D. Local Coastal Program
The site for the BLF Visitors 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/Hunt Properties 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. The project is
consistent with all of the Land Use Policies for the East Batiquitos Lagoon/Hunt Properties segment of
Carlsbad’s Local Coastal Program (LCP) in that the use is consistent with the Aviara Master Plan; there are
no agricultural activities or prime agricultural lands on the project site; the project site is located outside
the minimum 100 foot wetlands buffer; the project involves no grading or earthwork; the project has been
conditioned to comply with the City’s Stormwater Regulations; no landscaping is proposed however any
future landscaping will consist of drought tolerant plants and native vegetation; the existing scenic
resources nearby, namely the lagoon, will not be disturbed or views of it blocked by the Visitors Center as
the new replacement mobile building is a relatively small structure that will be painted a light brownish
color to blend with the surrounding environment; and a public access trail system along the north shore
of Batiquitos Lagoon with adequate trailhead public parking areas exists.
However, as discussed above within the Project Description (Section II) and within the attached Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, the project
includes mitigation for the impact to sensitive biological resources affected by the proposed brush
management zones and due to the removal of acreage from the City of Carlsbad’s Habitat Management
Plan (HMP) Hardline Preserve. Consistent with the City’s HMP, an Equivalency Finding has been processed
through the wildlife agencies to allow for the removal of the 0.39 acre project site from the Existing
Hardline Preserve and replacement of this loss of preserve acreage by the addition of the 4.32 acre Park
Hyatt property into the HMP as Existing Hardline Preserve. The Park Hyatt property mitigation area is
located approximately one mile east of the Visitors Center along the north shore of Batiquitos
Lagoon, just south of Batiquitos Drive and the Aviara Golf Course, and is comprised of a mixture of
native and non-native vegetation. All non-native vegetation within the 4.32 acre Park Hyatt property
shall be enhanced and/or restored to native vegetation. The Park Hyatt site is currently outside of the
HMP hardline boundary but is proposed to be included thus there will be a 3.93 acre net gain within
the HMP Hardline preserve.
There is also a loss of 0.09 acre of coastal sage scrub (CSS) that is to be mitigated at a 2:1 ratio. In
accordance with the HMP, CSS mitigation includes preservation of existing habitat (1:1 ratio) and
restoration of habitat (1:1 ratio) so that there is no net loss of CSS habitat within the coastal zone. Thus,
the total mitigation required for the direct impact to 0.09 acres of CSS is 0.18 acre with 0.09 acre
preservation and 0.09 acre restoration. The CSS mitigation area is provided on the Park Hyatt property.
With the implementation of these mitigations measures, the project is consistent with the LCP.
The Visitors Center serves as an educational enhancement to the existing North Shore Trail, thereby
improving the public access experience. Considering the above, the BLF Visitors Center is consistent with
the Local Coastal Program.
E. Conditional Use Permit Regulations (C.M.C. Chapter 21.42)
As discussed in Section C above, the proposed project site is located in PA 30 of the Aviara Master Plan
and is designed OS by the Master Plan. Since the project lies within an OS designation, no permitted uses
or development standards exist in the Master Plan. The Master Plan therefore defers to the CMC with
CUP 12-11/CDP 12-23 – BATIQUITOS LAGOON FOUNDATION VISITORS CENTER
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respect to permitted and conditional uses in the OS Zone. The OS Zone allows the development of mobile
buildings with a CUP. Section 21.42.140(B)(90) of the zoning ordinance describes the special standards
for the development of Mobile Buildings. Chapter 21.42 of the Carlsbad Municipal Code requires that
four findings be made in order to approve a conditional use permit. All of these findings can be made for
this project as discussed below:
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that allowing the replacement and
continued operation of a mobile building used as a lagoon information center (BLF Visitors
Center) is consistent with the area’s Open Space (OS) General Plan Land Use designation, the
Aviara Master Plan (MP 177), and the East Batiquitos Lagoon/Hunt Properties LCP as discussed
in Sections A, C, and D above. The proposed project is also consistent with the City’s Habitat
Management Plan (HMP) and includes mitigation for the impacts to sensitive biological
resources affected by the establishment of brush management zones and due to the removal
of acreage from the City of Carlsbad’s Habitat Management Plan Hardline Preserve.
Furthermore, the BLF Visitors Center promotes usage and enjoyment of the North Batiquitos
Shore Trail and is compatible with the surrounding open space uses.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the BLF Visitors Center is compatible with
the surrounding open space and residential uses and has been in operation at this existing
location since 1996 without any disruption to the surrounding neighborhood. The project site
is located approximately 150 feet away from the nearest residence with the mobile building
screened by existing mature landscaping reducing its visibility and impact on the surrounding
residential uses. Parking for the BLF Visitors Center is located off-site at the trailhead parking
area for the North Shore trail, located at the terminus of Gabbiano Lane in the Azure Cove
Development of Aviara.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the project complies with all applicable development standards of Section 21.42.140
(B)(90) of the CMC. Specifically, the replacement mobile building is occupied by a use
conditionally allowed within the zone; is limited to a five year term unless extended by the
Planning Commission; is not located on a permanent foundation; will have stucco siding and
skirting to screen the chassis, wheels, and temporary foundation system; and will comply with
all applicable local, state, and federal codes. The BLF Visitors Center 0.39 acre project site is
designated as a Hardline Conservation area in the City’s HMP. An Equivalency Finding has been
processed to allow for the removal of the 0.39 acre project site from the Existing Hardline
Preserve and replacing this loss of preserve acreage by adding the 4.32 acre Park Hyatt property
into the HMP as Existing Hardline Preserve. The BLF Visitors site is also located outside the 100-
foot wide wetlands buffer for the Batiquitos Lagoon. Furthermore, the project includes
establishing brush management zones adjacent to the Visitors Center building providing
protection to the proposed structure from wildfires. The brush management zones applicable
to this project are located within a maximum of 60 feet from the Visitors Center building.
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4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is provided access from Gabbiano Lane, a
local street which is currently operating at an acceptable level of service. The approximate 15
average daily trips associated with the BLF Visitors Center can be accommodated by the existing
street system.
F. Growth Management Ordinance (C.M.C. Chapter 21.90)
The proposed project is located within Local Facilities Management Zone 19 in the southwest quadrant of
the City. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table B below:
TABLE C – GROWTH MANAGEMENT
STANDARD IMPACTS COMPLIANCE?
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 1 EDU Yes
Parks N/A N/A
Drainage N/A N/A
Circulation 15 ADT Yes
Fire Station No. 5 Yes
Open Space N/A N/A
Schools N/A N/A
Sewer Collection System 1 EDU Yes
Water 275 GPD Yes
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance
(Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to
determine if the project could have any potentially significant impact on the environment. The
environmental impact assessment identified potentially significant impacts to biological and cultural
resources, and therefore mitigation measures have been incorporated into the design of the project or
have been included as conditions of approval for the project such that all potentially significant impacts
have been mitigated to below a level of significance.
Based on the above, the City Planner issued a Notice of Intent to adopt a Mitigated Negative Declaration
(MND) for the project on April 30, 2014. Standard comment letters were received during the 30-day public
review (May 4, 2014 – June 4, 2014) from the Native American Heritage Commission (San Luis Rey Band
of Mission Indians) and the California Department of Fish and Wildlife. Their specific comments and staff’s
responses are included as an attachment at the back of the MND. An addendum has also been prepared
in accordance with Section 15164 of CEQA to include clarifying language to mitigation measures CUL-1
and CUL-2. These additions have no new significant environmental effects not analyzed in the previously
circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated
Negative Declaration under CEQA Guidelines Section 15162 exist. Furthermore, the minor changes to the
EIA Part II do not require recirculation of the Mitigated Negative Declaration since the changes are
consistent with the description of “new information” in CEQA Section 15073.5(c)(4), which states
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recirculation is not required if “new information is added to the negative declaration which merely
clarifies, amplifies, or makes insignificant modifications to the negative declaration.
ATTACHMENTS:
1. Planning Commission Resolution No. 7064 (Mitigated Negative Declaration)
2. Planning Commission Resolution No. 7065 (CUP 12-11/CDP 12-23)
3. Location Map
4. Disclosure Statement
5. Letter of support from Shopoff Realty Investments dated July 1, 2014
6. Reduced Exhibits
7. Exhibits “A” – “E” dated July 16, 2014
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july 1, 2014
City of Carlsbad Planning Commission
cjo Greg Fisher, Carlsbad Planning Department
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, California 92008
Re: CUP 12-11/CDP 12-13
EATIQUJTOS LAGOON FOUNDATION VISITOR CENTER
Dear Mr. Fisher,
I am writing this letter to extend our support for the above referenced CUP's
proposal for a new 1,244 square foot visitor center at Batiquitos Lagoon. Our firm,
Shop off Realty Investments, L.P., recently retained an interest in a nearby property
that is located in the Ponto area. Our involvement with the Ponto property has
allowed us to become very familiar with the Eatiquitos Lagoon Foundation and their
admirable ongoing efforts. We strongly support the Eatiquitos Lagoon Foundation's
mission and efforts to retain and continually improve the quality of the lagoon,
associated habitat, and the various species that are attracted to the lagoon. Sharing
information regarding the importance of the lagoon, its history, and the story of its
preservation is integral to the mission and work of the Eatiquitos Lagoon
Foundation. We firmly believe that the proposed visitor center will significantly help
the Eatiquitos Lagoon Foundation fulfill their mission.
We urge the Carlsbad Planning Commission to approve the Batiquitos Lagoon
Foundation's request for CUP 12-11/CDP 12-13.
Sinc:rel~;J:L
Rian'Z~L
Assistant Project anager
ShopoffRealty Investments, L.P.
Cc: Matt Hall, Mayor, City of Carlsbad
Fred Sandquist, President and Board Member, Batiquitos Lagoon Foundation