HomeMy WebLinkAbout2000-07-19; Planning Commission; ; CUP 99-26/CDP 99-53/SUP 99-07 - BUENA VISTA LAGOON WEIR REPLACEMENT.he City of Carlsbad Planning Departm.
A REPORT TO THE PLANNING COMMISSION~
Item No. G)
P.C. AGENDA OF: July 19, 2000
Application complete date: May 5, 2000
Project Planner: Eric Munoz
_Project Engineer: Jeremy Riddle
SUBJECT: CUP 99-26/CDP 99-53/SUP 99-07 -BUENA VISTA LAGOON WEIR
REPLACEMENT -Request for a Conditional Use Permit, Coastal Development
Permit and Special Use Permit by the City of Oceanside to construct a
replacement weir at the mouth of Buena Vista Lagoon. The project site straddles
the city boundary between Oceanside and Carlsbad west of Coast Highway. The
Carlsbad portion of the area is zoned open space with a General Plan designation
of Open Space; the site is within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4800, 4801, and
4802, APPROVING Conditional Use Permit CUP 99-26, Coastal Development Permit CDP 99-
53, and Special Use Permit SUP 99-07, respectively, based on the findings and subject to the
conditions contained therein.
II. BACKGROUND
This item was scheduled for July 5, 2000, but was continued to allow the Planning Commission
to review environmental documents as prepared by the lead agency, City of Oceanside.
ATTACHMENTS:
1. Planning Commission Resolution No. 4822 (with environmental documents attached)
2. Planning Commission Resolution No. 4800 (CUP)
3. Planning Commission Resolution No. 4801 (CDP)
4. Planning Commission Resolution No. 4802 (SUP)
5. Staff Report dated July 5, 2000 with attachments
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lthe City of Carlsbad Planning Departm. -(!j!/A
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: July 5, 2000
ItemNo.@
Application complete date: May 5, 2000
Project Planner: Eric Munoz
Project Engineer: Jeremy Riddle
SUBJECT: CUP 99-26/CDP 99-53/SUP 99-07 -BUENA VISTA LAGOON WEIR
REPLACEMENT-Request for a Conditional Use Permit, Coastal Development
Permit and Special Use Permit by the City of Oceanside to construct a
replacement weir at the mouth of Buena Vista Lagoon. The project site straddles
the city boundary between Oceanside and Carlsbad west of Coast Highway. The
Carlsbad portion of the area is zoned open space with a General Plan designation
of Open Space; the site is within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4800, 4801, and
4802, APPROVING Conditional Use Permit CUP 99-26, Coastal Development Permit CDP 99-
53, and Special Use Permit SUP 99-07, respectively, based on the findings and subject to the
conditions contained therein.
II. INTRODUCTION
The City of Oceanside is the applicant on this project, which proposes to replace the existing
weir at the mouth of Buena Vista Lagoon. The stated purpose of the project is to improve the
weir's efficiency by constructing an enlarged replacement weir.
III. PROJECT DESCRIPTION AND BACKGROUND
The existing 50 foot wide weir at the mouth of Buena Vista Lagoon is located within an 80-foot
wide easement that straddles the city boundary between Carlsbad and Oceanside. The existing
weir dates back to 1969 and consists of deteriorating wood soldier pile head walls and a series of
wood piles held in place by steel supports. Given the condition and age of the existing weir, the
City of Oceanside is proposing a replacement weir to be 80 feet wide and 10 feet long. The
objective is to reconfigure the weir so that storm water intercepted at the outlet can be handled
more efficiently while retaining the existing freshwater character of the lagoon. The project is
located entirely within a 100 year floodplain. Due to Oceanside's project budget, the
replacement weir is not designed to handle a 100-year storm event, but is intended to
incrementally reduce flooding potential to adjacent properties in Oceanside.
Project exhibits "A"-"F" dated July 5, 2000 depict the proposed project. Given the cross-
jurisdictional nature of this project, preliminary reviews have been made by, and/or additional
permits will be necessary from: the City of Oceanside, California Department of Fish and Game
(primary lagoon property owners), US Fish and Wildlife Service, Army Corps of Engineers,
if'\ "'•~
CUP 99-26/CDP 99-53/. 99-07 -
BUENA VISTA LAGOON WEIR REPLACEMENT
July 5, 2000
Pae 2
California Coastal Commission, Buena Vista Lagoon Joint Powers Committee and the City of
Carlsbad.
IV. ANALYSIS
The project is subject to the following:
1. Conditional Use Permit Findings
2. Coastal Development Permit Findings
3. Special Use Permit Findings
4. Buena Vista Lagoon Strategic Plan
DISCUSSION
Conditional Use Permit
The four required findings relating to conditional use permit approval are made in the attached
Planning Commission Resolution No. 4800. A descriptive overview of how the findings can be
applied to this project is provided below.
The project is necessary and desirable for the development of the community in a regional sense
in that the proposed project will update and replace the existing weir at the lagoon mouth to
maintain efficient handling of storm flows through the mouth. Approval of the project will assist
the City of Oceanside in improving flood protection for properties on the north side of the mouth.
The site is adequate to accommodate the objective and design of the replacement weir given that
an existing 80-foot wide easement currently encompasses the 50-foot wide weir. All
maintenance and long term operational control of the weir will be carried out by the City of
Oceanside consistent with all permit conditions and any future mandates of the pending Buena
Vista Lagoon Management Plan. The replacement weir will not generate additional traffic
demand onto local streets beyond short term construction impacts and occasional maintenance
checks by Oceanside staff.
Coastal Development Permit
The required findings relating to coastal development permit approval are made in the attached
Planning Commission Resolution No. 4801. A descriptive overview of how the findings can be
applied to this project is provided below.
The project will not affect any coastal policy or objective regarding shoreline recreational
opportunities, beach access or coastal resources since no development is proposed that would
impact such features or resources even though the existing channel will be widened within the
existing easement to accommodate the replacement weir. The location of the project at the
mouth of a coastal lagoon makes it subject to the Coastal Resource Protection Overlay Zone and
the Coastal Shoreline Development Overlay Zone. These overlay zones address steep slopes,
adverse drainage/sedimentation into lagoons; and the protection of public health, safety and
welfare due to the shoreline development including the maintenance of public beach access,
respectively. Given the location and specifics of this project, no additional conditions are
CUP 99-26/CDP 99-53/S. 99-07 -
BUENA VISTA LAGOON WEIR REPLACEMENT
July 5, 2000
Pae 3
required since steep slopes and lagoon sedimentation are not involved. This project has been
designed to not hinder or preclude public beach access. · In addition, consistent with Section
21.204.120 of the Carlsbad Municipal Code, the project has been conditioned to process a deed
restriction that waives public liability.
This Coastal Development Permit is appealable to the Coastal Commission. The City of
Oceanside has submitted their portion of this project to the Coastal Commission for coastal
permit processing. · ·
Special Use Permit
The findings relating to special use permit approval are made in the attached Planning
Commission Resolution No. 4802. A descriptive overview of how the findings can be applied to
this project is provided below.
The City's special use permit is intended to prevent the flooding of new structures proposed
within designated flood hazard areas. The city's shoreline is subject to special use permit
issuance. Hydrologic studies accompany such projects to determine the precise flooding
conditions so that proposed structures can be designed accordingly. The proposed weir
replacement is unique in that it is proposed to be located within the lagoon system at the mouth;
it is a stormwater control device that will assist with the flood protection of the area. There will
be no impacts to the open space nature of the area given that the proposed replacement weir is
located within existing drainage easements. The potential for adverse storm flows through the
weir and related flooding concerns will not be increased by this project.
Buena Vista Lagoon Strategic Plan
In 1995, the Buena Vista Lagoon was the subject of a strategic planning effort that involved a
variety of resource agencies, stakeholders, and the public including the primary lagoon property
owner (California Department of Fish and Game). Also involved was the Buena Vista Lagoon
Joint Powers Committee (with City Council representation from the cities of Oceanside, Vista
and Carlsbad). The Strategic Plan that was developed essentially supported the concept of
developing a comprehensive Management Plan that would allow the lagoon's managers and
stakeholders to logically pursue projects in the context of an overall management scheme
endorsed by the appropriate resource agencies. As of late 1999, a consultant was performing a
variety of baseline studies, which will be the basis for developing the management plan.
Because no management plan exists at this time, it is not known whether this weir project will be
consistent with the future management plan. A condition has been included so that the City of
Oceanside is required to comply with the future Buena Vista Lagoon Management Plan, and the
City of Oceanside has agreed to modify or remove the proposed weir if necessary for the
implementation of any future Management Plan. The weir replacement project is intended to
provide a more efficient weir (in hydrologic terms) as soon as possible while still providing for
the flexibility of future Management Plan mandates. Given this approach, the city of Carlsbad is
able to support this cross-jurisdictional project since it will accommodate the future Management
Plan for Buena Vista Lagoon.
CUP 99-26/CDP 99-53/. 99-07 -
BUENA VISTA LAGOON WEIR REPLACEMENT
July 5, 2000
Pa e4
V. ENVIRONMENTAL REVIEW
Pursuant to Section 15050 of CEQA, Oceanside is the Lead Agency and Carlsbad is a
Responsible Agency. The Lead Agency processes the CEQA level environmental review and the
Resp~:msible Agency uses the same environmental document for its review. Oceanside's
Planning Commission approved the project on September 27, 1999. At that hearing, the
environmental document (a mitigated negative declaration) was certified; Oceanside's
Environmental Committee also reviewed the mitigated negative declaration on April 12, 1999.
The City of Carlsbad, as a Responsible Agency, participated in the public review process of that
mitigated negative declaration.
The mitigation measures center around ensuring the application of best management practices as
far as any grading, dredging, construction, staging or storm water prevention activities; ensuring
public beach access; requiring permits from all affected resource agencies; ensuring avoidance of
sensitive bird nesting periods; minimizing construction noise impacts; and coordinating with the
city of Carlsbad in developing erosion control plans and truck haul routes.
The City of Carlsbad, in its capacity as a Responsible Agency, is in support of the findings and
conclusions of the environmental review carried out the lead agency, (the City of Oceanside) and
findings can be made that no significant environmental impacts will result from the proposed
weir replacement project. These findings are included the Planning Commission Resolutions
attached to this report.
ATTACHMENTS:
1. Planning Commission Resolution No. 4800 (CUP)
2. Planning Commission Resolution No. 4801 (CDP)
3. Planning Commission Resolution No. 4802 (SUP)
4. Location Map
5. Reduced Exhibits
6. Exhibits "A"-"F" dated July 5, 2000
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BUENA
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BUENA VISTA LAGOON
WEIR REPLACEMENT
CUP 99-26/CDP 99-53/SUP 99-07
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