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HomeMy WebLinkAbout2018-12-05; Planning Commission; Resolution 7317PLANNING COMMISSION RESOLUTION NO. 7317 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO REMOVE AND REPLACE THE MAJORITY OF AN EXISTING, PRIVATE RESIDENTIAL DOCK WITH A NEW DOCK FEATURING ONE ADDITIONAL FINGER AND SLIP, RELOCATED GANGWAY, AND A NEW GANGWAY, PIER AND SHORE ATTACHMENT SYSTEM, ALONG THE NORTHWESTERLY SHORE OF BRISTOL COVE, SPECIFICALLY ADJACENT TO THE PROPERTY LOCATED AT 4563 COVE DRIVE, IN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MACINNES DOCK IMPROVEMENT CASE NO: SUP 2018-0008 WHEREAS, Swift Slip Dock and Pier Builders, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Brett Macinnes and Bristol Cove Property Owners Association, "Owner," described as Parcel A: A separate interest as defined in civil code section 1351 (1)(2) consisting of (1) Unit U-2, as shown on that certain Condominium Plan (plan) recorded in the office of the County Recorder of San Diego County, California on January 22, 2013, as Document No. 2013-0041583 of official records, and (2) an undivided one-half (1/2) fractional interest as tenant-in-common in and to the "common area" as described in the plan, which condominium is located within the boundaries of the following described real property: Parcel 1 of Parcel Map No. 20873, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, April 12, 2011 as File No. 2011-190178 of official records. Excepting therefrom all oil, gas, and other hydrocarbon substances, and minerals, including rights incidental to such ownership, now or at any time hereafter situated in and under the hereinafter described land and lying below a depth of 500 feet measured from the surface of said land but without any right to enter upon the surface for extraction or removal of such oil, gas, or other hydrocarbon substances. Or minerals, and without any right to penetrate or to pass through the 500-foot space immediately below said surface for purposes of such extraction or removal, as granted or reserved in various instruments of record on file in the office of the county recorder of said county. Parcel B: The exclusive right to the use and possession of those portions of the "common area" referred to as "exclusive use common area", as both terms are defined in the "declaration of covenants, conditions and restrictions for 4563 & 4565 cove drive condominiums", recorded in the office of the County Recorder of San Diego County, California on January 22, 2013 as Instrument No. 2013-0041584 of official records, all of which shall be appurtenant to parcel a described above. Parcel C: A nonexclusive easement and right of way for pedestrian and vehicular ingress and egress, including the right to transport small watercraft, over Lot 15 of that tract described in map 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and being appurtenant, shall run with the land. Parcel D: A nonexclusive easement and right of way for vehicular and small watercraft ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded in the office of the County Recorder, San Diego County, California, on April 23, 1963, which easement is for the benefit of and appurtenant to the hereinabove described parcel a and, being appurtenant, shall run with the land, and which easement is subject to such rules and regulations for use as may be promulgated from time to time pursuant to the declaration of restrictions and protective covenants more particularly described below. This easement shall terminate as to any wharfage area within Lot 74 as soon as construction for any wharfage facility is initiated therein. Such wharfage area, to which reference is made in the previous sentence, is any one of those delineated in exhibit "b" attached to and incorporated in the declaration of restrictions and protective covenants more specifically described below. Parcel E: An easement over that portion of the above referenced Lot 74 of said tract which portion is wharfage area 36 as delineated in exhibit "B" attached to and incorporated in the above referenced declaration of restrictions and protective covenants, said easement to be for the exclusive right to construct, maintain and use a wharfage facility pursuant to said declaration of restrictions and protective covenants, and appurtenant to Parcel 1 above. Parcel F: A non-exclusive easement over that portion of Lots 74, 38, 39, 42, and 43 according to map 5162 thereof, which portion is delineated and PC RESO NO. 7317 -2- designated as Lot "A" by exhibit "B" attached to and incorporated in the above reference declaration of restrictions and protective covenants, said easement to be used for the construction, maintenance and use of a ramp or other right of way between Lot 36 and wharfage area 36 ("the Property"); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibit "A-C" dated December 5, 2018, on file in the Planning Division, SUP 2018- 0008-MACINNES DOCK IMPROVEMENT, as provided by Chapter 21.110 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on December 5, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES SUP 2018-0008 (DEV2018-0124) -MACINNES DOCK IMPROVEMENT, based on the following findings and subject to the following conditions: Findings: 1. The project is consistent with the general plan, local coastal program, the requirements of Chapter 21.110 of the Carlsbad Municipal Code, and any other applicable requirement of this code in that the removal of an existing dock and replacement with a new dock featuring one additional slip and gangway in a floodplain is consistent with the General Plan in that recreational activities support community connectedness and provide overall a higher quality of life. The project is compatible with the character and the scale of the surrounding area and will not impact public views. The dock is a use that is compatible with periodic flooding. Additionally, the proposed dock replacement is consistent with the intent and purpose of the zoning district in which it is located. PC RESO NO. 7317 -3- 2. The site is reasonably safe from flooding in that the proposed dock is adequately anchored to the shore and its fingers/slips are supported by float drums. 3. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that the habitable structures of the property are not within the scope of the project. The project will not change the characteristics of the waterway and will not affect the habitable structures. 4. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the proposed dock essentially replaces what previously existed, is adequately anchored to the shore and thus will not create any hazards to adjacent or upstream properties and structures. 5. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the proposed dock essentially replaces what previously existed, is adequately anchored to the shore and thus will not create any hazards to adjacent or downstream properties and structures. 6. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that most of the dock floats on the water and the shore anchors will not change the site's ability to pass or handle a 100-year base flood. 7. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the proposed project as it consists of the removal and replacement of an existing dock in the same location with a minor expansion; therefore, no change in the base flood by more than one foot is anticipated. 8. The project is contingent upon compliance with other federal and state regulations as required in that all other required state or federal permits will be obtained prior to commencement of construction. 9. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental dqcuments pursuant to Sections 15302, Replacement of existing structure, and 15303, New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7317 -4- Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied pursuant to commencement of construction. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Special Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. A Coastal Development Permit must be issued by the California Coastal Commission prior to commencement of demolition and/or construction. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. This approval shall become null and void if construction has not commenced within 24 months from the date of project approval. 8. Prior to the issuance of the Special Use Permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all PC RESO NO. 7317 -5- interested parties and successors in interest that the City of Carlsbad has issued a(n) Special Use Permit by Resolution(s) No. 7317 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7317 -6- PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on December 5, 2018 by the following vote, to wit: AYES: Chair Montgomery, Commissioners Anderson, Luna, Meenes, Merz, and Segall NOES: None ABSENT: Commissioner Geidner ABSTAIN: None MARTELL MONTGOMERY, C airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7317 -7-