HomeMy WebLinkAboutSUP 11-01; Bristol Cove Sediment Removal; Special Use Permit (SUP)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.1
P.C. AGENDA OF: September 21, 2011
Application complete date: August 10, 2011
Project Planner: Pam Drew
Project Engineer: Clyde Wickham
SUBJECT: SUP 11-01- BRISTOL COVE SEDIMENT REMOVAL - Request for
approval of a Floodplain Special Use Permit to allow the maintenance dredging of
approximately 25 cubic yards of sediment and installing additional rip-rap
shoreline protection located at the northern end of the Bristol Cove boat channel
south of the intersection of Park Drive and Cove Drive in the Coastal Zone and
Local Facilities Management Zone 1.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6802
APPROVING a Special Use Permit (SUP 11-01) based upon the findings and subject to the
conditions contained therein.
II.INTRODUCTION
The City of Carlsbad has submitted an application for a Floodplain Special Use Permit (SUP) to
allow the maintenance dredging of approximately 25 cubic yards of accumulated sediment and
installing additional rip-rap shoreline protection. The project is consistent with the City's
General Plan, as well as all other applicable plans and regulations, and can be supported.
III. PROJECT DESCRIPTION AND BACKGROUND
Bristol Cove consists of an approximately 1,200-foot long by 150-foot wide artificially
excavated cove lined with rip-rap and serves as a boat docking/launching facility for the local
residents. Small, discontinuous rows of boat docks line both sides of the cove. The project site
is located along the northeast shoreline of the inner terminus of the cove, adjacent to a private
boat storage area of the Bristol Cove housing development, where a storm drain outfall is
located.
The proposed project involves the removal of approximately 25 cubic yards of sediment that was
washed from a storm drain that empties into Bristol Cove as a result of a nearby water main
break in December 2008 (see Attachment 3). Due to the deposit of this sediment a dock and boat
facility in the area is no longer functional at low tide. The Bristol Cove Property Owner's
Associate (POA) supports this project and has submitted a letter of support (see Attachment 4).
The City of Carlsbad proposes to restore the functionality of the area by removing the sediment
with a Vactor (vacuum) truck or excavator positioned on an existing paved asphalt parking area
directly adjacent to the cove. The dock and boat facility in this area will not need to be moved in
order to remove the sediment, as the Vactor truck or excavator will be able to remove the sand
o
SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL
September 21,2011
Page 2
under the structure. A temporary in-water silt curtain will be placed around the work area prior
to the sediment-removal to prevent introducing turbid waters to Agua Hedionda Lagoon. After
construction, when turbidity has settled, the silt curtain will be removed.
Once the sediment is removed from the cove it will be transferred to tanks for decanting
(separating the sediment from the water) and subsequent removal and off-site disposal of the
sediment. Additionally, some rip-rap that was installed as an energy dissipation feature at the
culvert outlet was displaced by the sediment and water flows during the water main break. It will
be replaced with larger, 2-ton rip-rap, in the proper location. The existing smaller rip-rap will be
relocated to each side of the culvert outlet and will blend in with the existing rip-rap in that area.
The larger rip-rap is capable of handling flows from the 60-inch diameter storm drain that
empties into Bristol Cove. The proposed projected is expected to last 3-5 days depending on
construction technique.
Agua Hedionda Inner Lagoon is located within Zone A of the Federal Emergency Management
Agency's (FEMA) maps denoting areas of special flood hazard. Floodplain Management
Regulations (Chapter 21.110) of the Carlsbad Municipal Code (CMC) contains regulations
applicable to development in or adjacent to areas identified as special flood hazards. Section
21.110.130 of the CMC requires a Special Use Permit be obtained for any construction or
development, including maintenance dredging of the cove, within a special flood hazard area.
The purpose of the regulations is to ensure development activities do not aggravate flood
potential.
The entire Agua Hedionda Lagoon is located within the Agua Hedionda segment of the City's
Local Coastal Program, where the California Coastal Commission has retained permitting
authority. The applicant will therefore be applying for a Coastal Development Permit (CDP)
from the California Coastal Commission for the dredging activity and rip-rap replacement
directly.
There are no unresolved issues. The staff recommendation of approval with conditions is
supported by the analysis as follows.
IV. ANALYSIS
This project is subject to the following plans and regulations:
A. Open Space (OS) General Plan Land Use Designation;
B. Residential Waterway (R-W) Zone (Chapter 21.22 of the Carlsbad Municipal Code);
C. Special Use Permit (Floodplain Management) Regulations (Chapter 21.110 of the
Carlsbad Municipal Code); and
D. Coastal Development Regulations for the Coastal Resource Protection Overlay Zone and
the Agua Hedionda Lagoon Land Use Plan Segment (Chapters 21.201 and 21.203 of the
Carlsbad Municipal Code and the Agua Hedionda Land Use Plan).
Staff developed its approval recommendation after analyzing the project's consistency with the
applicable City plans and regulations listed above. A discussion on compliance with each
follows.
SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL
September 21,2011
Page 3
A. Open Space (OS) General Plan Land Use Designation
The proposed project is consistent with the policies and programs of the City's General Plan
Open Space & Conservation Element. A number of goals, policies, and objectives are identified
in the Open Space and Conservation Element which call for open space for outdoor recreation.
General Plan consistency findings can be made for the project as follows:
1. The project is consistent with the Open Space and Conservation Element - Open Space
Planning and Protection Goal A.4, which states, "A city with an adequate amount and
variety of open space for outdoor recreation, but not limited to: parks; beaches; areas for
organized sports; connecting corridors containing trails; water recreation areas (beaches,
lagoons, lakes); unique conservation areas for nature study' and, semi-developed areas
for camping," in that the dredging of this area of the cove will restore the boat dock
function and allow residents access to the waterways, including Agua Hedionda Lagoon,
beaches, and trails along the lagoon.
2. The project is consistent with the Open Space and Conservation Element - Water Quality
Protection Objectives: 1) B.I - "To control storm water pollutants;" 2) B.2 - "To design
storm water conveyance systems that do not adversely impact sensitive environmental
resources;" and 3) B.3 - "To improve water quality within the City," in that the proposed
supplemental rip-rap would be adequately sized to handle storm water flows from the
existing 60-inch diameter storm drain, which would reduce pollutants and sediment from
reaching the cove.
B. Residential Waterway (R-W) Zone
The project site is zoned Residential Waterway (R-W). The zone is created to provide an area in
which residential development centered on a navigable waterway may be accommodated. The
proposed dredging and maintenance of rip-rap will provide for the continued operation of uses
permitted in the R-W zone. Without the proposed maintenance activities, the adjacent boat
docking/launching facility will become unusable and the requirement of Section 21.22.110 of the
Municipal Code may not be met, which states that, "Not less than seventy percent in number of
the R-W zoned lots in any subdivision in an R-W zone shall have direct access to a navigable
waterway.
C. Special Use Permit (Floodplain Management) Regulations
Projects located within any area of special flood hazards must obtain approval of a Special Use
Permit (SUP) by the floodplain administrator (the city Planning Commission). The intent of
these regulations is to promote the public health, safety, and welfare and to minimize public and
private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the
cumulative effect of obstructions in areas of special flood hazards which increase flood heights
and velocities, and when inadequately anchored, damage uses in other areas."
The project complies with the requirements of the Floodplain Management Regulations and
Special Use permitting procedures as demonstrated in the following findings:
SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL
September 21,2011
Page 4
1. The site is reasonably safe from flooding and will not reduce the ability of the site to
pass or handle a base flood of 100-year frequency in that the project will remove up to 25
cubic yards of sediment deposited in the cove and will not obstruct water from flowing
through this area should a 100-year flood occur.
2. The proposed dredging will not create a hazard or adversely impact development, or
adjacent and upstream properties and structures. Furthermore, the cumulative effect of
this project and the adjacent approved projects will not significantly raise the level of the
100 year flood plain (base flood elevation) in that the dredge activity will increase the
physical capacity of the cove and therefore the ability of the cove to accommodate flood
waters.
As a result of the project, it is determined that no adverse impacts (and potentially a minute
beneficial impact) to the 100-year flood hazard area would occur from implementation of the
project. Therefore, the proposed project would be in compliance with the Floodplain
Management Regulations.
D. Coastal Development Regulations for the Coastal Resource Protection Overlay Zone
and the Agua Hedionda Lagoon Land Use Plan Segment
Although the required CDP will be processed through the California Coastal Commission
(CCC), staff has analyzed the project for compliance with pertinent regulations. The project
complies with the Local Coastal Program (LCP) and Coastal Resource Protection Overlay Zone
requirements as discussed below:
1. The project is in conformance with the certified LCP and all applicable policies in that
dredging a small area of the cove, and installing appropriately sized supplemental riprap
for erosion control, will enhance and protect coastal resources by reducing the potential
sediment and storm water pollutants from entering the cove or Agua Hedionda Lagoon.
2. The project complies with policy 6.7 of the Agua Hedionda LCP, which states, "The
present recreational uses of the lagoon shall be maintained and where feasible,
expanded." Removing the 25 cubic yards of sediment that has settled adjacent to and
under a boating facility will allow residents to use this facility to access the adjacent
Agua Hedionda Lagoon for recreational use.
3. The project is in conformity with the public access and recreation policies of Chapter 3 of
the Coastal Act in that dredging of this area of the cove will allow residents access to the
boating facilities to access Agua Hedionda Lagoon, beaches, and trails along the lagoon.
V. ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15304(g) - maintenance dredging where the spoil is deposited in a spoil area
authorized by all applicable state and federal regulatory agencies and Section 15301(d) -
restoration or rehabilitation of deteriorated or damaged structures.
SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL
September 21,2011
Page 5
ATTACHMENTS;
1. Planning Commission Resolution No. 6802
2. Location Map
3. Photo of Existing Conditions
4. Letter of Support from the Bristol Cove Property Owners' Association
6. Background Data Sheet
7. Reduced Exhibit
8. Exhibit "A" - dated September 21, 2011.
NOT TO SCALE
SITEMAP
BRISTOL COVE SEDIMENT REMOVAL
SUP 11-01
\V WORDEN WILLIAMS ARC
Representing Public Agencies, Private Entities, and Individuals AUG222011
*va
August 19, 2011
Pam Drew
Community and Economic Development Planning Division
1635 Faraday Avenue
Carlsbad, California 92008
Re: SUP 11-01 - Bristol Cove Sediment Removal
Dear Ms. Drew:
I am writing on behalf of the Bristol Cove Property Owners Association
("Association") to reaffirm its support of the sediment removal project referenced
above. The Association concurs that the proposed project is appropriate and
necessary. The Association has also urged the City to expand the project to include
removal of additional sediment that has been deposited into the Marina during the
past few years. The Association continues to believe that an expanded sediment
removal project is the best course of action, but regardless of how that issue is
resolved, it supports the project currently proposed.
Please feel free to give me a call if you have any questions.
Very truly yours,
WORDEN WILLIAMS, APC
D. Wayne Brechtel
dwb @ wordenwilliams . com
DWB:re
c: Client
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BACKGROUND DATA SHEET
CASE NO: SUP 11-01 '
CASE NAME: BRISTOL COVE SEDIMENT REMOVAL
APPLICANT: City of Carlsbad
REQUEST AND LOCATION: To allow maintenance dredging of approximately 25 cubic
yards of accumulated sediment and installing additional rip-rap protection located at the northern
end of Bristol Cove boat channel south of the intersection of Park Drive and Cove Drive.
LEGAL DESCRIPTION: Lot 74. Shelter Cove Tract, in the City of Carlsbad. County of San
Diego, State of California, according to Map thereof No. 5162, recorded in Book 112, Pages
5162, of Miscellaneous Records, in the Office of the County Recorder, San Diego County,
California, on April 23, 1963.
APN: 207-150-58 Acres: 4.52 (entire cove) - 0.01 acre for the project
Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: Open Space (OS)
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Residential-Waterway (R-W)/Special Flood Hazard Overlay
Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zonins General Plan Current Land Use
Site R-W/Flood Hazard Overlay OS Boat channel with
launching/docking facilities
North R-W RH Residential Units
South O-S OS Agua Hedionda Lagoon
East R-W RH Residential Units
West R-W RH Residential Units
LOCAL COASTAL PROGRAM
Coastal Zone: 1X1 Yes I I No Local Coastal Program Segment: Agua Hedionda Lagoon
Within Appeal Jurisdiction: 1X1 Yes I I No Coastal Development Permit: 1X1 Yes | | No
Local Coastal Program Amendment: Q Yes IXI No
Existing LCP Land Use Designation: RH Proposed LCP Land Use Designation: N/A
Existing LCP Zone: R-W Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, per CEQA Sections 15301(d) & 15304(g)
Negative Declaration, issued
Certified Environmental Impact Report, dated_
Other,
Revised 01/06
SITE PLAN SUP 11-01
CONSTRUCTION PLANS FOR
BRISTOL COVE SEDIMENT REMOVAL
PROJECT NO. 5030A
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CMWD BOARD
MATT HALL-PRESIDENT
ANN KULCHIN - BOARD MEMBER
MARK PACKARD - BOARD MEMBER
KEITH BLACKBURN - BOARD MEMBER
FARRAH DOUGLAS - BOARD MEMBER
GLENN PRUIM
UTILITIES DIRECTOR
8/asja. COVE PO*
c/o ilDSAY UMACfUfHI SE»V.
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CARLSBAD, CA. 92009
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