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HomeMy WebLinkAboutSUP 09-06; Tu Casa Revetment; Special Use Permit (SUP)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No.1 P.C. AGENDA OF: February 3, 2010 Application complete date: November 11, 2009 Project Planner: Van Lynch Project Engineer: Tecla Levy SUBJECT: SUP 09-06- TU CASA REVETMENT - Request for approval of a Floodplain Special Use Permit to perform maintenance on a wave and tide rock revetment along the north shore of the Agua Hedionda Lagoon for the Tu Casa Homeowners Association on property located at 4747 Marina Drive, in the Agua Hedionda Lagoon Segment of the Local Coastal Program and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6664 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and addendum, and ADOPT Planning Commission Resolution No. 6665, APPROVING a Special Use Permit (SUP 09-06) based on the findings and subject to the conditions contained therein. II.INTRODUCTION The applicant, Tu Casa Homeowners Association, is requesting approval of a Floodplain Special Use Permit to perform maintenance on the rock revetment which protects their property from tidal and small wave action of the Agua Hedionda Lagoon. The property is located on the southerly terminus of Marina Drive, on the north shore of the Agua Hedionda Lagoon in the Agua Hedionda Lagoon Segment of the Local Coastal Program and in Local Facilities Management Zone 1. The City does not have coastal development permit authority within the Agua Hedionda Segment of the LCP, and therefore, the California Coastal Commission (CCC) has permit authority of the Coastal Development Permit (CDP). The CDP will be acted upon by the CCC subsequent to the City's action on this permit. III. PROJECT DESCRIPTION AND BACKGROUND The Tu Casa Condominium project fronts onto the Agua Hedionda Lagoon, adjacent and easterly of the Bristol Cove inlet. A rock revetment protects the property from tidal and small wave action on the westerly and southerly sides of the project site. The project involves maintenance work to repair the southerly shoreline armoring (rock revetment) by removal of rock that has migrated vertically down the shore slope into the Agua Hedionda Lagoon and replacement of the rock on a steepened shore face. On average, the work would change the rock slope from an approximately 2.8:1 slope to a slightly steeper 2-2.5:1 slope through moving the toe of the existing armoring back towards the shore face. The maintenance proposed is generally SUP 09-06 - TU CASA REVETMENT February 3, 2010 Page 2 considered preventive revetment maintenance since no segment within the work area has so completely failed as to require shoreline reconstruction beyond rock removals from the lower intertidal areas and replacement of large rock on the upper shoreline. Some of the rock will be reused, while some of the material will be upsized to prevent further vertical movement of rock. The work would also include the import and placement of not more that 25 cubic yards of quarried armor stone. The area of work totals approximately 0.12 acre and site access will be from an existing shoreline access point on Bayshore Drive to the east. The revetment is on the southerly side of the Tu Casa Condominium which faces onto Agua Hedionda Lagoon and on a roughly three foot scarp of the adjacent property to the east to prevent erosion. The project site is surrounded by residential multifamily units to the north, Agua Hedionda Lagoon to the south, open space in the form of a sandy beach at low tide as part of a developed multifamily project to the east, and a waterway for the Bristol Cove development to the west. The project requires a Special Use Permit because the project site is located within Zone A (no base flood elevation determined) of the Special Flood Hazard Area as shown on the Flood Insurance Rate Map. The "base flood" or "one hundred year flood" means a flood which has a one percent annual probability of being equaled or exceeded. The Tu Casa project was approved and built in the early to mid 1970's. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element -Residential High (RH) General Plan Land Use Designation; B. Residential Waterway Zone (R-W) (Carlsbad Municipal Code Chapter 21.22); C. Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code); D. Agua Hedionda Local Coastal Program Land Use Plan; and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); E. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code); and F. Growth Management Ordinance (Local Facilities Management Plan Zone 1). 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 detail in the sections below. A. Carlsbad General Plan Residential High Density (RH) Land Use Designation The General Plan Land Use designation for the project site is Residential High Density (RH). The site is developed with a 30 unit condominium project on roughly one acre of land. The revetment repair does not change the area of property or the density of the project site. The revetment project does not affect the Land Use, Circulation, Noise, Housing, Parks and Recreation, or Arts elements of the General Plan. SUP 09-06 - TU CASA REVETMENT February 3, 2010 Page3 The project complies with all the remaining applicable elements of the General Plan as illustrated in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Public Safety Open Space & Conservation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Require a Special Use permit for all development within the 1 00 year flood plain. Review all such proposals to ensure that all building elevations are higher than the peak flow of a 1 00 year flood and do not adversely impact other properties. To preserve, protect and enhance those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation. Utilize Best Management Practices for control of storm water and to protect water quality. PROPOSED USES & IMPROVEMENTS The project applicant is processing a Floodplain SUP. The maintenance work does not change the flood water elevations or impact other properties. The revetment is designed to protect the existing structures from tidal and wave action. The project is protecting the existing sensitive terrestrial and aquatic plant species located in and around Agua Hedionda Lagoon by reducing erosion and sedimentation of the lagoon. Project will conform to all NPDES requirements. COMPLY Yes Yes Yes B. Residential Waterway (R-W) Zone (Chapter 21.22 Carlsbad Municipal Code) The revetment is located in the rear yard area of the residentially zoned project site. The revetment does not qualify as a structure and is permitted to be placed within a required rear yard. Consistent with Section 21.22.110 of the R-W Zone, the revetment does not preclude waterway access as access is provided elsewhere within the Bristol Cove project. C. Floodplain Management Regulations (Chapter 21.110 of the Carlsbad Municipal Code) The project site is identified as being within Zone A of the Flood Insurance Rate Map 06073C0764F, dated June 18, 1997. Zone A is a special flood hazard area inundated by the 100 year flood with no base flood elevation determined and requires the processing of a Special Use SUP 09-06 - TU CASA REVETMENT February 3, 2010 Page 4 Permit. The permit is required to review the project for protection of public health, safety and welfare and to minimize public and private losses due to flooding. At this time there are no threats to public improvements, only private improvements. The Tu Casa Homeowners are proposing this project to perform preventive maintenance to prevent the loss of soil by erosion from tidal and small wave action. The proposed improvements do not affect the carrying capacity or alter the floodplain of the Agua Hedionda Lagoon as it simply replaces the revetment material previously placed. The improvements will not increase the water surface elevation of the flood height. The placement of rock armor material on the slope will prevent further erosion and will lessen the erosion potential of the slope. The reduction of erosion will also prevent further sedimentation and siltation of the Agua Hedionda Lagoon. D. Agua Hedionda Local Coastal Program Land Use Plan; and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The project is subject to the Agua Hedionda Local Coastal Program Land Use Plan. However, the California Coastal Commission (CCC) has original jurisdiction for all Coastal Development Permits within the Agua Hedionda Segment. The site is also located within and is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The project's compliance with each of these programs and ordinances is discussed below: 1. Agua Hedionda Local Coastal Program Land Use Plan The subject site has an LCP Land Use designation of Residential High (RH) density. The RH Land Use designation anticipates multi-family development at 15 to 23 dwelling units per acre. The project is the repair of a revetment and is consistent with the RH General Plan Land Use designation which allows for flood control structures as accessory uses. The policies of the Agua Hedionda Segment also 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 the LCP Land Use policies as follows: a) there is no present or historic evidence of agricultural use of the property; b) all portions of the revetment structure are below the elevation of the existing building, and therefore the revetment does not obstruct views of the lagoon as seen from public lands or public rights-of-way; c) the project is consistent with the City of Carlsbad HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; d) the revetment is being improved to reduce the amount of erosion and siltation of the lagoon and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; e) the site is geologically stable and the proposed revetment maintenance project is the most environmentally sensitive option for the site; and f) the existing residential project has previously recorded a 15-foot wide public trail easement, in accordance with the LCP Policy 7 - Shoreline Access, to provide lateral public access along the Agua Hedionda Lagoon shoreline. The California Coastal Commission (CCC) has permit authority within the Agua Hedionda Segment of the LCP, and will issue the Coastal Development Permit. SUP 09-06 - TU CASA REVETMENT Februarys, 2010 PageS 2. Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, and habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Natural slopes equal to or greater than 25% gradient and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. Additionally, natural slopes > 25% without sensitive vegetation are also protected in the coastal zone. The project site does not contain any natural "dual criteria" slopes or natural slopes > 25%. The revetment contains a very short (less than 10 feet in height) manufactured slope of 36% which does not contain any sensitive vegetation. b. Drainage, Erosion, Sedimentation, Habitat. The revetment project does not cause any increase in drainage into an environmentally sensitive area, i.e. the Agua Hedionda Lagoon. The revetment project is to perform maintenance of the existing revetment to replace rock armoring which has migrated down slope and to add additional rock armoring to add stability and protection to the existing revetment. The replaced and additional rock armoring will help prevent erosion and sedimentation of the Agua Hedionda Lagoon. The project has been conditioned to comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. The project will employ construction Best Management Practices (BMP) which will reduce temporary impacts on water quality. Through implementation of the recommended site design and source control BMPs, post construction impacts to water quality will be mitigated to an acceptable level. Vegetation mapping and analysis was prepared as part of the project. According to the Biological Resources Assessment for the Tu Casa HOA Revetment Maintenance Project, Carlsbad CA, Merkel and Associates, October 2009, the project site does not contain any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service. Potential significant impacts have been identified to intertidal Parish's glasswort (Salicornia Subterminalis) and eelgrass bed. The upland glasswort is located adjacent to the project site. Mitigation measures in the form of flagging the glasswort for identification and hand placement of rock armor in a manner that does not result in the impact to the existing plants will reduce the potential impacts to less than significant. The eelgrass beds are located outside and immediately adjacent to the shoreline area on which the work is anticipated to occur. There is no reason the eelgrass should be impacted directly from the proposed work. Potential for impacts does exist as SUP 09-06 - TU CASA REVETMENT February 3, 2010 Page 6 a result of equipment maneuvering on the low beach, excessive displacement of shoreline sands and sediments and resultant burial of adjacent eelgrass beds. Mitigation in the form of staking a 10-foot buffer from existing eelgrass beds, control of sediments, precluding the stockpiling of sediments, and the staging of all work at an approved upland location will reduce the potential impacts to the eelgrass beds to less than significant. Monitoring of the eelgrass beds shall be preformed to ensure they are not disturbed. A post construction report shall be provided. If disturbed, mitigation in the form of restoration at a 1.2:1 ratio of eelgrass habitat shall be provided. According to the Biological Resources Assessment, the area is not defined as a wetland habitat. The glasswort plants are too sparsely distributed and lack a suitable scale to function as wetland habitat. Impacts have been determined to be potentially significant and avoidable through implementation of construction period mitigation measures as identified in the Biological Resources Assessment and restated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. c. Landslides and Slope Instability. The purpose of the revetment is to protect the fill that has been placed for the development of the existing Tu Casa condominium project. The rock armoring prevents tidal washing and wave action from scouring the earth away. The revetment maintenance involves moving some of the rock material upslope to reestablish and improve the stability of the revetment. The City of Carlsbad Geotechnical Hazard Analysis and Mapping Study, Carlsbad, CA, Leighton and Associates, November 1992 indicates that landslides and slope stability are not significant. d. Seismic Hazards. The City of Carlsbad Geotechnical Hazard Analysis and Mapping Study. Carlsbad, CA, Leighton and Associates, November 1992 indicates that no active or potentially active faults are known to exist on or in the vicinity of the project site. The report found that the site has a moderate to high risk of exposure to seismic hazards and a high risk of liquefaction. The rock revetment would not be significantly affected by seismic hazards. e. Flood Plain Development. The revetment is located within the floodplain. The revetment maintenance work will not alter the flood elevations or velocities of the floodplain. The revetment work is merely the replacement and addition of rock armoring on an existing revetment. No existing structures are impacted by the floodplain. E. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The project site is located along the north shore of the Agua Hedionda Lagoon and is identified in the City of Carlsbad's HMP as developable. According to the City of Carlsbad's Habitat Management Plan, the project is in Core area 4. The project site is fully developed with structures and exotic landscapes with much disassociated salicornia plants and the revetment is subject to inundation by tidal action. There is no native habitat existing onsite. Overall, the project site does not support any high-quality biological resources, nor does it conflict with any local policies or ordinances protecting biological resources, or any provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. SUP 09-06 - TU CASA REVETMENT February 3, 2010 Page? The biological assessment that was prepared for the project indicated that no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed on the site. With respect to sensitive wildlife species, the preliminary biological assessment indicated that no species listed as threatened or endangered by the state and federal resource agencies were observed or are expected to exist onsite. F. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 1 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The revetment maintenance project does not have any impacts on public facilities. V. 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 resources. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. A public comment letter was received during the 30-day public review period from December 23, 2009 to January 25, 2010. The US Fish and Wildlife Service requested that the work be completed during the avian non-breeding season to reduce potential indirect impacts to a number of sensitive bird species. A mitigation measure and project condition has been added which allows construction from August through mid February. ATTACHMENTS: 1. Planning Commission Resolution No. 6664 (MND) 2. Planning Commission Resolution No. 6665 (SUP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Exhibit "A - D" dated February 3, 2010 Agua Hedionda Lagoon NOT TO SCALE SITE MAP Tu Casa Revetment SUP 09-06 BACKGROUND DATA SHEET CASE NO:SUP 09-06 CASE NAME: TU CASA REVETMENT APPLICANT: TU CASA Homeowners Association REQUEST AND LOCATION: Request for approval of a Floodplain Special Use Permit to perform maintenance on a wave and tide rock revetment along the north shore of the Agua Hedionda LaRoon for the Tu Casa Homeowners Association on property located at 4747 Marina Drive, in the Agua Hedionda Lagoon Segment of the Local Coastal Program and in Local Facilities Management Zone 1. LEGAL DESCRIPTION: Lot 1 of Carlsbad Tract Map 72-14, in the City of Carlsbad. County of San Diego, State of California, according to map thereof no. 7930, filed in the Office of the County Recorder of San Diego, April 26, 1974 APN: 207-150-85-00 Acres: 1.02 Proposed No. of Lots/Units: Q GENERAL PLAN AND ZONING Existing Land Use Designation: Residential High (RH) Proposed Land Use Designation: N/A Density Allowed: 15 -23 du/ac Density Proposed: N/A Existing Zone: Residential Waterway (R-W) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West R-W R-W 0-S P-C R-W RH RH OS RMH OS LOCAL COASTAL PROGRAM Current Land Use Residential Residential Open Water Residential Open Water Coastal Zone: IXI Yes | | No Local Coastal Program Segment: Agua Hedionda Lagoon Within Appeal Jurisdiction: | | Yes IXI No Coastal Development Permit: I I Yes 1X1 No Local Coastal Program Amendment: I I Yes 1X1 No Existing LCP Land Use Designation: RH Existing LCP Zone: R-W Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued December 1, 2009 I | Certified Environmental Impact Report, dated D Other, Revised 01/06 2 2 DISCLOSURE Development Services RECEIVED STATEMENT Planning Department CiTY OF p </A\ 1635 Faraday Avenue CARLSBAD 0-202009 HTY OF CARLSBAD PLANNING DEPT 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: " ' ' ...:^~ Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraterha! organization, corporation, estate; trust, receiver, syndicate, in this and any other county, city and Qounty, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, 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 (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 2. OWNER (Not the owner's agent) 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.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, 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 (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ; Corp/Part Title Title Address ' Address P-1(A) Page 1 of 2 Revised 04/09 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust TuCasaHOA Non Profit/Trust Title Title Address 6126 innovation way Carlsbad, CA 92009 Address. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes Jo If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner UM, Signature of owner/applicant's agent if applicable/date Print or type name of applicant Print or type name of owner/applicant's^agent P-1(A)Page 2 of 2 Revised 04/09 ITEM #1 February 3, 2010 TO: PLANNING COMMISSION FROM: SENIOR PLANNER SUBJECT: ERRATA SHEET FOR SUP 09-06 - TU CASA REVETMENT The recommendation of the staff report is revised as follows: That the Planning Commission ADOPT Planning Commission Resolution No. 6664 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and addendum, and ADOPT Planning Commission Resolution No. 6665, APPROVING a Special Use Permit (SUP 09-06) based on the findings and subject to the conditions contained therein. Revise Section V, Environmental Review as follows: A public comment letter was received during the 30-day public review period from December 23, 2009 to January 25, 2010. The US Fish and Wildlife Service requested that the work be completed during the avian non-breeding season to reduce potential indirect impacts to a number of sensitive bird species. A mitigation measure and project condition has been added which allows construction from August through mid February. Revise Planning Commission Resolution Number 6664 to revise the title as follows: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO PERFORM MAINTENANCE ON A WAVE AND TIDE ROCK REVETMENT ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON FOR THE TU CASA HOMEOWNERS ASSOCIATION ON PROPERTY LOCATED AT 4747 MARINA DRIVE, IN THE AGUA HEDIONDA LAGOON SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 Revise Planning Commission Resolution Number 6664 to: Add "and addendum" after each reference to the Mitigation and Monitoring and Reporting Program VAN LYNCH