Loading...
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 AREAS OF PRACTICE PUBLIC AGENCY LAND USE AND ENVIRONMENTAL REAL ESTATE PERSONAL INJURY ESTATE PLANNING AND ADMINISTRATION CIVIL LITIGATION BUSINESS ATTORNEYS TRACY R. RICHMOND D.WAYNE BRECHTEL KENA.CARIFFE . TERRY M. GIBBS KR1STEN MCBRIDE JASON R. SCHINGLER YIN T. HO D. DWIGHT WORDEN Of Counsel W.SCOTT WILLIAMS Retired OFFICE 462 STEVENS AVENUE SUITE 102 SOLANA BEACH CALIFORNIA 92075 (858) 755-6604 TELEPHONE (858) 755-5198 FACSIMILE www.wordenwilliams.com 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 O-S/ (7.0 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. 7720 a &U1N0 REAL ST. 2* CARLSBAD, CA. 92009 art OF C4«iss^0. * UUHIOPAL C 1200 CJWlSaiO WtlACE DRIVfCtAlSBAD. CA. 9200,9 CARLSBAD MUN/C/PAL WATER D/STR/CT CARLSBAD, CALIFORNIA U KOAD. 5U"E Z60