HomeMy WebLinkAbout2018-12-05; Planning Commission; Resolution 7318PLANNING COMMISSION RESOLUTION NO. 7318
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE
PERMIT TO REMOVE AND REPLACE AN EXISTING DOCK, GANGWAY, PIERS
AND STAIRS ALONG THE NORTHEASTERLY SHORE OF BRISTOL COVE,
SPECIFICALLY ADJACENT TO PROPERTY LOCATED AT 4627 PARK DRIVE IN
THE AGUA HEDIONDA LAGOON SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
BURDICK DOCK REPLACEMENT
SUP 2018-0002 (DEV2018-0061)
WHEREAS, Swift Slip Dock and Pier Builders, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Alvin Burdick Family Trust and Bristol Cove
Property Owners' Association, "Owner," described as
Parcel 1:
All of Lot 49 of Shelter Cove, in the City of Carlsbad, in the County of
San Diego, State of California, according to Map thereof No. 5162, in
the Office of the County Recorder of San Diego County on April 23,
1963.
Excepting all the oil, gas, mineral and other hydrocarbon substances
lying below a depth of 500 feet from the surface of said land, without,
however, the right of surface entry.
Parcel 2:
A non-exclusive 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 of San Diego County on April 23,
1963, which easement is for the benefit of and appurtenant to the
hereinabove described Parcel 1 and being appurtenant, shall run with
the land.
Parcel 3:
A non-exclusive 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 of San
Diego County on April 23, 1963, which easement is for the benefit of
and appurtenant to the hereinabove described Parcel 1 and being
appurtenant, shall run with the land and which easement is subject to
such rules and regulations for the use as may be promulgated from
time to time pursuant to the Declaration of Restrictions and Protective
Covenants recorded August 5, 1966 as File/Page No. 127577.
Parcel 4:
An easement over that portion of the above referenced Lot 74 of said
Tract described in Map No. 5162, recorded in the Office of the County
Recorder of San Diego County on April 23, 1963, which portion is
wharfage area 49 as delineated in Exhibit "B" attached to and
incorporated in the Declaration of Restrictions and Protective
Covenants, recorded August 5, 1966 as File/Page No. 127577, 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
("the Property"); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit as shown on Exhibit(s) "A" -"E" dated December 5, 2018, on file in the Planning Division, SUP
2018-0002 -BURDICK DOCK REPLACEMENT, as provided by Chapter 21.110 of the 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 2018-0002 {DEV2018-0061) -BURDICK DOCK REPLACEMENT, 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 this
chapter, and any other applicable requirement ofthis code in that the replacement of an existing
dock, gangway, pier and stairs 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
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will not impact public views. The dock is a use 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.
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
habitable structures.
4. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that the proposed dock 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 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 project consists of the removal and replacement of an existing dock in the same
location and the same configuration; therefore, no change in the base flood 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
documents pursuant to Section 15302, Replacement of existing structure, 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. 7318 -3-
Conditions:
General:
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 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.
PC RESO NO. 7318 -4-
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
interested parties and successors in interest that the City of Carlsbad has issued a(n) Special Use
Permit by Resolution(s) No. 7318 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.
PC RESO NO. 7318 -5-
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on December 5th, 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. 7318 -6-