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HomeMy WebLinkAbout2018-12-05; Planning Commission; ; SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENTItem No. Application complete date: September 27, 2018 P.C. AGENDA OF: December 5, 2018 Project Planner: Esteban Danna Project Engineer: Tim Carroll SUBJECT: SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT – Request for approval of 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. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found to 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 Sections 15302, Replacement or Reconstruction, and 15303, New Construction or Conversion of Small Structures, of the state CEQA Guidelines. The Agua Hedionda LCP Segment is in an area of deferred certification where the City does not have permit authority to issue coastal development permits and thus, the project will need to receive a Coastal Development Permit issued by the California Coastal Commission after city approval of SUP 2018-0008. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7317 APPROVING Special Use Permit SUP 2018-0008, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Bristol Cove, a private residential marina, consists of an approximately 1,200-foot-long by 150-foot-wide artificially excavated cove located off the inner basin of the Agua Hedionda Lagoon where small, discontinuous rows of boat docks line both sides of the cove. The cove is owned by the Bristol Cove Property Owner’s Association. The project site is located along the northwesterly shore of the cove. The project proposes to remove and replace all but one finger of the existing dock with a new dock. The existing dock consists of a slip with three fingers, two measuring 3’ – 3” wide and one measuring 7’ – 5” wide. The dock also contains a 22-foot long gangway, pier and a four-foot wide headwalk. In the process, the applicant proposes to reconfigure and expand the dock to serve four residences instead of three residences that the existing dock serves. The project proposes to remove and replace most of the existing dock with a new dock featuring one additional slip, relocation of the existing gangway, and a second gangway and new pier. Specifically, the project proposes: 3 SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT December 5, 2018 Page 2 x the removal and replacement of one existing 3’ – 3” wide finger and relocation of the other existing 3’ – 3” finger x replacement of the 7’ – 5” finger with two 3’ – 3” fingers to create a 120-square-foot slip x the removal of two pipe piles and installation of new strong arms and steel cables for stability x relocation of existing gangway x the installation of a new gangway and pier x relocation of the dock eight feet south to accommodate the new proposed slip The project requires a Special Use Permit as 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. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 – Current Land Uses Location General Plan Designation Zoning Current Land Use Site R-23 (Residential 15-23 du/ac)/ OS (Open Space) R-W (Residential Waterway)/ OS (Open Space) Single- and Multi-family Residential, waterway and boat dock North R-23 (Residential 15-23 du/ac) R-W (Residential Waterway) Multi-family Residential South R-23 (Residential 15-23 du/ac) R-W (Residential Waterway) Multi-family Residential East OS (Open Space) OS (Open Space) Waterway West R-23 (Residential 15-23 du/ac) R-W (Residential Waterway) Multi-family Residential III. ANALYSIS The project is subject to the following regulations and requirements as analyzed within the following section of this staff report: A. R-23 Residential 15-23 du/ac and Open Space (OS) General Plan Land Use Designations; B. Residential Waterway Zone (R-W, CMC Chapter 21.22); C. Open Space Zone (OS, CMC Chapter 21.33); D. Floodplain Management Regulations (CMC Chapter 21.110); E. Agua Hedionda Local Coastal Program Land Use Plan and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); and F. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable city regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT December 5, 2018 Page 3 A. R-23 Residential and Open Space (OS) General Plan Land Use Designations The project site has General Plan Land Use designations of R-23 Residential and Open Space (OS). The site is developed with existing multi-family residences in the R-23 land use designation. The existing dock, gangway, and piers located adjacent to the residences in Bristol Cove are in the OS land use designation. Table 2 identifies General Plan goals and policies applicable to the proposed project and describes how the project complies with those goals and policies. TABLE 2 – GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLY Land Use 2-G.1 Maintain a land use program with amount, design and arrangement of varied uses that serve to protect and enhance the character and image of the city as expressed in the Carlsbad Community Vision, and balance development with preservation and enhancement of open space. The purpose of the R-23 and OS Land Use designations is to provide opportunities for multi- family residential and recreational uses as well as provide natural resource and aesthetic areas. The marina at Bristol Cove and the replacement and addition to the existing dock supports the General Plan in that it maintains recreational opportunities while enhancing a vibrant multi-family residential land use. Yes Open Space, Conservation and Recreation 4-G.1 Develop a balanced and integrated open space system reflecting a variety of considerations – resource conservation, production of resources, recreation, and aesthetic and community identity – and ensuring synergies between various open space components and compatibility with land use planning. The removal, replacement, and installation of additional components to the dock does not change the area of the property or the density of the project site. The Open Space General Plan Land Use designation encourages recreational activities that support community connectedness and provides overall a higher quality of life. Yes SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT December 5, 2018 Page 4 TABLE 2 – GENERAL PLAN COMPLIANCE (CONTINUED) B. Residential Waterway (R-W) Zone (CMC Chapter 21.22) The project is adjacent to and associated with the residence at 4563 Cove Drive. The residential structures that use the existing and proposed docks are located in the Residential Waterway (R-W) zoning district. The existing and proposed docks are located on Bristol Cove, which is zoned Open Space (OS). The existing residential structures are not a part of the proposed project. Consistent with Section 21.22.110, the dock and gangway does not preclude waterway access as it is provided elsewhere within the Agua Hedionda Lagoon or Bristol Cove. C. Open Space (O-S) Zone (CMC Chapter 21.33) The proposed dock replacement site is located in the Open Space (OS) zone. One of the intents and purposes of the zone is to provide opportunities for open space and recreational uses. Per Table A in CMC Section 21.33.020, marinas are a permitted use in the OS zone. The marina at Bristol Cove and the replacement of the existing dock are consistent with the intent and purpose of the district in which they are located. D. Floodplain Management Regulations (CMC Chapter 21.110) The project site is identified as being within Zone A of the Flood Insurance Rate Map 06073C0764G, dated May 15, 2012. 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 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. The proposed project does not affect the carrying capacity or alter the floodplain of the ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLY Public Safety 6-P.1 Enforce the Cobey-Alquist Floodplain Management Act and the city’s Floodplain Management Regulations to prohibit construction of structures in a designated floodway where such development would endanger life or significantly restrict the carrying capacity of the designated floodway; and to regulate development within other areas of special flood hazard, flood related erosion hazard and mudslide hazard to ensure such development does not adversely affect public health and safety due to water and erosion hazards, or result in damaging increases in erosion, flood height or velocities. Areas of hazards, especially those related to flood-prone areas, are designated for a lesser level of development. The project consists of the removal, replacement, and additions to an existing dock. The dock, which floats on the water, and the anchor system will not affect the site’s ability to handle a 100-year base flood. Yes SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT December 5, 2018 Page 5 Agua Hedionda Lagoon. The dock replacement will not increase the water surface elevation of the flood height. E. Agua Hedionda Local Coastal Program Land Use Plan and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) Although the required Coastal Development Permit will be processed and issued by the California Coastal Commission, staff has analyzed the project for compliance with the pertinent regulations. The project complies with the Agua Hedionda segment of the LCP and Coastal Resource Protection Overlay zone requirements. The subject site has an LCP Land Use designation of Open Space (OS). The project is consistent with the OS LCP Land Use designation which allows for recreation areas. 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 provisions of the Coastal Resources Protection Overlay Zone in that the project consists of the replacement of the existing dock with a new dock featuring one additional finger and slip, relocated gangway, and a new gangway, pier and shore attachment system. The proposed project is compatible with the surrounding development. The proposed project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. Furthermore, no agricultural uses exist on the site, nor are there any sensitive resources located on the previously-developed site. The proposed project is located within the floodplain. However, it will not alter the flood elevations or velocities of the floodplain. The proposed dock is not located in an area of known geologic instability. The proposed project will not cause an increase in drainage, erosion, or sedimentation into an environmentally sensitive area, such as Bristol Cove or the Agua Hedionda Lagoon. It will adhere to the city’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. A pre-construction marine flora survey was conducted and neither Eelgrass (Zostera Marina) or Caulerpa (Caulerpa Taxifolia) were observed in the area in or around the proposed project site. The proposed project would not be affected by seismic hazards as the proposed replacement dock floats on float drums on or near the water surface. F. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of the city. There will be no impact to public facilities because the proposed dock is replacing and minimally expanding an existing dock and no new impacts will be generated. SUP 2018-0008 (DEV2018-0124) – MACINNES DOCK IMPROVEMENT December 5, 2018 Page 6 IV. ENVIRONMENTAL REVIEW Pursuant to Sections 15302 and 15303 of the California Environmental Quality Act (CEQA) Guidelines, the project is categorically exempt from the provisions of CEQA. Section 15302 exempts “replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” Section 15303 exempts “construction and location of limited numbers of new, small facilities or structures.” A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7317 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit “A-C” dated December 5, 2018 CCOOAASS TT LLII NNEEAAVVP A R K D R P A R K D R SSUUNNNNYYHHII LLLLDDRRMARINA DRMARINA DRPPAANNNNOONNIIAA RR DDCC AALL AAVV OO CC TT ADAMS STADAMS ST BB RR UU CC EE RRDDC O V E D R C O V E D RHHIIGGHHLLAANNDDDD RR SUP 2018-0008 MacInnes Dock Improvement SITE MAP JPALOMARAIRPORTRDELCAMREALELCAMINOREA L LA CO STAAVCARLSBAD B LMELR O SEDRCOLLEGEBLAV I ARA PY RANCH O S ANTAFERDAGUAHEDIONDA LAGOON SITE Attachment 2 Attachment 3 (city of Carlsbad DISCLOSURE STATEMENT P-1 (A) Deve/opmen t Se r vices Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary 9ction 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 u~til this information is completed. Please print. I Note: 1 Person is defined as "Apy individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and a,ny other county, city and county, city municipality, district pr other political subdivision or any other group or combination acting as a unit." I Agents may sign this dtjcument; however, the legal name and entity of the applicant and property owner must be provided below.; 1. 2. P-1(A) APPLICANT (~ot the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial intere~t in the application. If the applicant includes a corporation or partnership, include the na~mes, titles, addresses of all individuals owning more than 10% of the shares. IF NO, INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NQ~APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, in~lude the names, titles, and addresses of the corporate officers. (A separate page ~may be attached if necessary.) A , Thtl . l • 'I kn-_ Person_~ 5w& Corp/Part 5w~ 5\1~ VV?-~ ~~U\\(JL--VVJ Title f{e;q\oeYJ:t: Title_Wev\"'---'---'-'\--=-e\eyi\------'--,,____--.--__ _ Address n5 .\\1 ~ Address. ~~V)I \Yla~~ \iJf'Y'/ OWNER ( ot f e ownehC!cient) . ~? \Nefj\'\'Y\\Mev" I C,{\. 0\2.0~~ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership int~rest 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 incl~des a corporation or partnership, include the names, titles, addresses of all individuals qwning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% Off THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELO:W. If a publicly-owned corporation, include the names, titles, and addresses of tne corporate officers. (A separate page may be attached if necessary.) Person 0~ N\r/ll\V\VEOJ Corp/Part. ___ · _____ _ Title___________ Title ____________ _ Address 411t,3 Co\t; 1x,\J6 .fj).f\bJ\ot'A~ \ et\, ~ ioo~ Address ___________ _ Page 1 of 2 Revised 07/10 '.l. NON~PROFIT ORGANIZATION OR TRUST .; . If any porson idc;entified owsuant tu (1) or (2) above is sl.!lM.W~fil organizmioo Qr a trust. !is( the names and addresses of A~ person :wrving as an officer or <Jirector of the non- profit organization or as frv~ee or beneficial)• of the. Non Profit/Trust_______ Non Profit/Tru!>i_ __ --···-· ______ _ :itle .. -----·-···.. ••• ____ T rtle ----··· A.ddress AC-0ress H;;ive you hao fnorc tl)3n $500 worth o! bvsmcss tr;;>ns~ctod witt1 any member of City sroff, Ooards. Gomm Issi~,:.;. Committees .:ind/or Coun-cil within tho pos1 twelve ( 12) monms? (J Yes If yes, pleas.e indM:ato ~rson(s}: .• _____ _ NOTE: Attach a(lditional sheets if noc~ss.ary. ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Developmeni" Services Planning Division 1635 Faraday Avenue · {760) 602-4610 www.c:arlsbadca.gov 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 info'rmation .MY§.! 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, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city municipallty, district or other polilleal subdivision or any other group or combination acting as a unit.' Agents may sign this document; however, the legal name and entity or the applicant and property owner must be provided below. 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of fil persons having a financial Interest in the applicatlon. 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation. include the names. titles, . and addresses of the corporate officers. (A separate age may be ached if necessary.) ' I J _ 5JJ · Corp/j:,~~-=;;.~~.~~--=:....~:.:.._:.ullOC~ Title._I'l't~~·~~~t1~';._____ Tille_-Y<.!._._e;.,.L!~a...L,L--1-----,,----,-..,..,....,--- \ ~ Addres,s~"l'P.llo~'-1: :i-f-'-1,r,'-i~L..U.!¥~~~~.,,..,_ OWN ( oft e\owner'! (g~t) .2JJ£>1 if, Ck '. Provide the COMPLETE, LEGAL names and addresses of & 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 (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and ::~~::~hesooif;k~Asepa:~::~~~~ ::::s~~,r~~~ :::,:,:dmiiiii~~r~ (Jtldu1ia, Ci>s. 92.ofo {4v\tix2M , Cl\. 0\2D 10 Page 1 of2 Revised 07/10 3. 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_______ Non Profit/Trust. ________ _ Title__________ Title ___________ _ Address. _________ _ Address __________ _ 4. 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? \ D Yes l}JNo If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. e name of applicant P-1(A) Page 2 of2 Revised 07/10 Attachment 4G~l!RAL AEQUIRl!MENTB STRUCTURAL GENERAL NOTES SOLID SAWN MWSl!RS AND GLU--LAM 11!.AMS STH:L I, PI.CIUW.flm.av.ailol91UD9'1U.-_...,. •A.&LIL .. IICIII.ICIC a.~=:~· ATMI na.'" a!MICMW.. 1811:n ~ .l,~~-=-=-~lOA.LT.M....-.w«Lf)• .._ ICl.?191M.i.Ullft!Mt IOA.l.t.ll AJM, IM.DINOIIIIIODCllllla. .... TS IC""'°' M'f DW.L K...., .. lO UT.W. Am to CUiS1S A~ !901111 1111AW1i..,.f71U.KIL.'DMIU.• COVTY~~_,.M_...,.. CONCRBTI! ABBRl!VIATIONI ' ' ~. _ ... SUP 2018•0008 I-·· ------__ ,.: __ .... •-so"-S-1 -~ ...... ~ FLOAT DRUMS Pt.AN & DOCK FRAMING Pt.AN DOCK FRAMING PLAN .,,,..,.._ FLOAT DRUMS PLAN .....,.,. ... .-. n.o.t.Ta.MTWI: ..... ...... ..,.,. 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