HomeMy WebLinkAbout2024-10-29; City Council; 11; Public Hearing to Consider an Appeal filed by the San Diego Association of Governments of the City Engineer’s Decision to Deny an Exception to the Construction Hour LimitThis item was continued to a future meeting at the request of SANDAG Director of
Engineering and Construction David Cortez.
11. APPEAL FILED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS OF THE CITY
ENGINEER’S DECISION TO DENY AN EXCEPTION TO THE CONSTRUCTION HOUR
LIMITATIONS IN CARLSBAD MUNICIPAL CODE SECTION 8.48.10 FOR THE
BATIQUITOS LAGOON DOUBLE TRACK PROJECT – 1) Hold a public hearing; and
2) Adoption of a resolution denying the appeal filed by the San Diego Association
of Governments and affirming the City Engineer’s decision to deny an exception to
the construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for
the Batiquitos Lagoon Double Track Project. (Staff contact: Tom Frank, Public
Works and Gina Herrera, City Attorney)
CA Review GH
Meeting Date: Oct. 29, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2766
Gina Herrera, Assistant City Attorney
gina.herrera@carlsbadca.gov, 442-339-2891
Subject: Public Hearing to Consider an Appeal filed by the San Diego Association
of Governments of the City Engineer’s Decision to Deny an Exception to
the Construction Hour Limitations in Carlsbad Municipal Code
Section 8.48.10 for the Batiquitos Lagoon Double Track Project
District: 4
Recommended Action
1.Hold a public hearing; and
2.Adopt a resolution denying the appeal filed by the San Diego Association of
Governments and affirming the City Engineer’s decision to deny an exception to the
construction hour limitations in Carlsbad Municipal Code Section 8.48.10 for the
Batiquitos Lagoon Double Track Project.
Executive Summary
The City Council is being asked to consider an appeal of the City Engineer’s decision to deny a
request from the San Diego Association of Governments to deviate from the construction hour
limitations set forth in Carlsbad Municipal Code Chapter 8.48 – Noise.
Section 8.48.010 provides that:
“It shall be unlawful to operate equipment or perform any construction in the
erection, demolition, alteration or repair of any building or structure or the
grading or excavation of land during the following hours, except as hereinafter
provided: (A) After 6:00 p.m. on any day, and before 7:00 a.m., Monday through
Friday, and before 8:00 a.m. on Saturday[.]”
SANDAG was issued city permits related to its project for a second railroad track over the
Batiquitos Lagoon. As part of that process, SANDAG requested an exception to the city’s
construction hour limitations so that it can begin construction at 6:30 a.m., to support
construction activities in the North County Transit District, or NCTD’s, right-of-way.
Oct. 29, 2024 Item #11 Page 1 of 14
SANDAG also requested exceptions for the construction hour limitations for unrestricted access
to Ponto Drive, as further detailed below. SANDAG appealed the denial of these requested
exceptions.
Staff recommend the City Council deny the appeal and uphold the decisions of the City
Engineer for the reasons explained below. Only the City Council has the authority to decide
such appeals under Carlsbad Municipal Code Section 1.20.310, which applies when there is no
other established specific appeals procedure.
Explanation & Analysis
Excessive noise jeopardizes the public health and welfare, and was first recognized as a public
health hazard, particularly in urban areas, in 1968. Federal, state and local governments
therefore regulate excessive noise. The City of Carlsbad, using its legislative powers,1 first
passed a noise ordinance limiting construction hours within city limits in 1978.
The Noise Control Act of 1972 was adopted by Congress, and then amended and extended by
the Quiet Communities Act of 1978, these acts established a national policy to promote an
environment for all Americans free from noise that jeopardizes their health and welfare, in
part, establishing the Office of Noise Abatement and Control, to coordinate Federal noise
control activities. In 1981, the Office of Noise Abatement concluded that noise issues were best
handled at the state and local level, and soon after funding was terminated.
• On March 14, 1978, the City of Carlsbad adopted an ordinance, No. 3109, limiting
construction hours “after sunset on any day, and before 7:00 A.M. Monday through
Friday and before 8:00 A.M. on Saturday” and all-day Sunday and designated holidays.
• On April 30, 2013, the City Council adopted another ordinance, No. CS-211, amending
the city’s Noise Ordinance in response to an increase in the number of construction
noise complaints and amended Title 8 of the Municipal Code to prohibit construction
noise “After six p.m. on any day, and before seven a.m., Monday through Friday, and
before eight a.m. on Saturday,” subject to certain exceptions.
Noise ordinance
The city’s Noise Ordinance, Carlsbad Municipal Code Section 8.48.010, governs the construction
hour limitations within the city. Section 8.48.020 provides exceptions to lengthen or shorten
the hours of construction, based on the determination of the Building Official, City Engineer, or
other designated official, based on the following factors:
1. Whether the project is an emergency repair required to protect the health and safety of
any member of the community
2. Whether the construction would be less objectionable at night than during daylight
hours
3. The character and nature of the neighborhood in the vicinity of the work site
4. The potential for great economic hardship
5. If the work is in the interest of the general public
6. Whether there is a previously unforeseen effect on the health, safety or welfare of the
public
1 California Constitution, Article XI, Section 7, provides that a “city may make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in conflict with general laws."
Oct. 29, 2024 Item #11 Page 2 of 14
7. Any history of complaints regarding compliance with the limitation on hours of
construction
An exception to the construction hour limitations may be made based on the above factors;
however, even if the above factors are applicable, the City Engineer may still deny an exception.
Chronic noise, even at low levels, can cause annoyance, sleep disruption and stress that can
contribute to various health issues.2 Construction equipment noise emission levels range from
76 dBA3 to upwards to 101 dBA, when 50 feet from the source of the construction equipment.4
Typical noise emission levels for quiet suburban nighttime is 35 dBA.5
Project background
SANDAG and the California Department of Transportation, are building a second set of railroad
tracks across the Batiquitos Lagoon. The double tracking will enable northbound and
southbound traveling trains to pass at the same time, and for passenger trains to pass slower
freight trains. The project also replaces a 1940s-era wooden trestle bridge with a concrete,
double-track bridge, which will provide a wider channel under the bridge that will improve tidal
flow.
The Batiquitos Lagoon Double Track project spans 0.6 miles across Batiquitos Lagoon, from La
Costa Avenue in Encinitas to north of Avenida Encinas in Carlsbad. It is a critical component of
the first phase of the North Coast Corridor, known as Build NCC, which includes a combination
of transportation improvements, environmental protection and coastal access projects.
Additionally, this project supports the objectives of the railroad operators, NCTD, Amtrak and
BNSF Railway, to increase the overall efficiency and reliability of the LOSSAN Corridor, the 351-
mile rail corridor, which that run from San Diego to Los Angeles and San Luis Obispo and is the
second-busiest intercity passenger rail corridor in the United States and the busiest state-
supported Amtrak route. The total estimated cost for the project is $166 million.
SANDAG request
Soon after SANDAG applied for right-of-way permits from the city, city staff notified SANDAG
staff of the construction hour limitations, consistent with the city’s Noise Ordinance. SANDAG
staff requested an exception to the construction hour limitations so that SANDAG’s contractor
could begin providing traffic control and accessing the NCTD right-of-way starting at 6:30 a.m.,
Monday through Friday, which is one half-hour earlier than the city’s Noise Ordinance allows.
Additionally, SANDAG requested exceptions to the construction hour limitations for:
• Unrestricted access to Ponto Drive for contractor vehicles, including maintenance
vehicles, to refuel and maintain construction equipment located within NCTD’s right-of-
way.
2 “Noise as a Public Health Hazard,” American Public Health Association Policy No. 202115 (2021.)
3 Sound is measured in decibels, or dB. On the decibel scale, near absolute silence is designated as 0 db,while a
sound 15 times louder is labeled as 15 dB. dBA levels are weighted to approximate the way the human ear hears.
4 Typical Noise Level (dBA) 50 ft., U. S. Dept. of Transportation study, 1995.
5 California Department of Transportation Technical Noise Supplement, 2013.
Oct. 29, 2024 Item #11 Page 3 of 14
• Unrestricted access to Ponto Drive during prescheduled absolute work windows when
work is scheduled around the clock during weekends, so that construction work can
occur when train traffic ceases from Saturday at 12:30 a.m. until Monday at 12:30 a.m.
SANDAG anticipates the Batiquitos Lagoon Double Tracking project will require two
absolute work windows for the duration of the project, possibly in January 2027 and
February 2028.
City staff sent an email on Sept. 19, 2024, notifying SANDAG staff that the request to lengthen
the work hours by one half-hour was denied by the City Engineer and provided notice of the
process to appeal the City Engineer’s decision, which is attached as Exhibit 2.
SANDAG appealed the decision on Sept. 26, 2024, within the established period for appeals, by
providing a letter to the City Clerk, which is attached as Exhibit 3.
SANDAG asserts that the extension will not impact Carlsbad residents because the construction
hours for the NCTD right-of-way are 6 a.m. to 6 p.m., so construction noise will already be
occurring during that time, and Carlsbad would only be limiting construction noise related to
the access roads subject to Carlsbad’s jurisdiction.6
Additionally, SANDAG states that if the construction hours are not extended, then SANDAG will
not be able to complete construction by April 4, 2028, as currently planned. Instead, the
construction hour limitation will delay project completion by six to 12 months.
Two exception factors in Section 8.48.020 apply to the Batiquitos Lagoon Double Track Project:
• The potential for great economic hardship, e.g., a potential delay for six to 12 months, in
part due to the need to accommodate the least tern’s nesting season
• The work is in the interest of the general public-- e.g., rail improvements, Carlsbad
beach replenishment--and using taxpayer funds
Appeal of the City Engineer’s determination
There is no appeal process provided in Chapter 8.48, so the appeals procedure provided in
Section 1.20.310 applies. Section 1.20.310 provides that
“… [W]here no specific appeals procedure is established by this code for any
decision of … an official that substantially affects the rights, duties or privileges
of an aggrieved person, such decision may be appealed to the City Council [.]”
The City Council must decide whether there is “substantial evidence” to justify the City
Engineer’s decision to deny the exception by SANDAG to extend the construction hours for the
Batiquitos Lagoon Double Track Project.
Courts have defined “substantial evidence” to mean evidence that, based on the whole record,
is reasonable in nature, credible of solid value. (See the 2006 California appeals court ruling JK
Enterprises, Inc. v. Dept. of Industrial Relations.) If the City Council finds that substantial
evidence supports the City Engineer’s decision, staff recommend that the City Council vote to
6 Active railroad lines, including the LOSSAN Corridor, are within federal jurisdiction. Given the comprehensive
nature of federal control railroads, the city’s Noise Ordinance likely does not apply to the work being performed on
the railroad lines. Under 49 U.S. Code 10501(b)(2), the Surface Transportation Board has exclusive jurisdiction over
“the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching or
side tracks and facilities, even if the tracks are located, or intended to be located entirely in one State.”
Oct. 29, 2024 Item #11 Page 4 of 14
affirm the denial. If the City Council finds to the contrary, the City Council should vote to
reverse the denial.
Analysis of the appeal
The decision by the City Engineer on Sept. 19, 2024, to deny SANDAG’s request for an exception
to the construction hour limitations was based on the potential negative noise impacts to
nearby residents. The current city standard and referenced code sections were in place during
the planning, design and permitting of the SANDAG project and have not changed.
Because the City Engineer followed the requirements of the Noise Ordinance and made
decisions based on the premise that nearby residents would be negatively impacted by
construction noise before 7 a.m., Monday through Friday, given the known impact of noise to
human health, as well as by the requested unrestricted access to Ponto Drive during
prescheduled absolute work windows when work is scheduled around the clock during
weekends, staff recommend that the City Council deny the appeal and affirm the decision of
the City Engineer.
Public notification
Consistent with the requirements of Carlsbad Municipal Code Section 15.16.160(B), the City
Engineer sent the notice of the public hearing to SANDAG, which is attached as Exhibit 4.
Fiscal Analysis
There is no direct fiscal impact from this item.
Environmental Evaluation
The recommended action to deny the appeal does not constitute a project within the meaning
of the California Environmental Quality Act under CEQA Guidelines Section 21065 in that it has
no potential to cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment and therefore does not require
environmental review.
Next Steps
If the City Council denies the appeal and affirms the decisions of the City Engineer, the decision
of the City Council is final.
Exhibits
1. City Council resolution
2. City staff email to SANDAG dated Sept. 19, 2024
3. SANDAG appeal letter dated Sept. 26, 2024
4. Notice of hearing sent to SANDAG dated Oct. 15, 2024
Oct. 29, 2024 Item #11 Page 5 of 14
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL FILED BY THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS AND AFFIRMING THE CITY
ENGINEER’S DECISION TO DENY AN EXCEPTION TO THE
CONSTRUCTION HOUR LIMITATIONS IN CARLSBAD MUNICIPAL CODE
SECTION 8.48.10 FOR THE BATIQUITOS LAGOON DOUBLE TRACK
PROJECT
WHEREAS, excessive noise jeopardizes public health and welfare, and was first
recognized as a public health hazard, particularly in urban areas, in 1968; and
WHEREAS, The Noise Control Act of 1972 was adopted by Congress, and then amended
and extended by the Quiet Communities Act of 1978 (collectively the “Acts”); and
WHEREAS, the Acts established a national policy to promote an environment, for all
Americans, free from noise that jeopardizes their health and welfare, in part, establishing the
Office of Noise Abatement and Control, or ONAC, to coordinate noise control activities; and
WHEREAS, in 1981 the ONAC concluded that noise issues were best handled at the state
and local level, and soon after funding for ONAC was terminated; and
WHEREAS, the California Constitution, Article XI, Section provides that “city may make
and enforce within its limits all local, police, sanitary, and other ordinance and regulations not in
conflict with general laws”; and
WHEREAS, according to the American Public Health Association, chronic noise, even at
low levels, can cause annoyance, sleep disruption and stress that can contribute to various health
issues; and
WHEREAS, on March 14, 1978, the City of Carlsbad adopted Ordinance No. 3109, limiting
construction hours “after sunset on any day, and before 7:00 A.M. Monday through Friday and
before 8:00 A.M. on Saturday” and all-day Sunday and designated holidays; and
WHEREAS, on April 30, 2013, City Council adopted Ordinance No. CS-211, amending the
city’s Noise Ordinance, in response to an increase in the number of construction noise
complaints, and amended Title 8 to prohibit construction noise “After six p.m. on any day, and
before seven a.m., Monday through Friday, and before eight a.m. on Saturday,” subject to certain
exceptions; and
Oct. 29, 2024 Item #11 Page 6 of 14
WHEREAS, pursuant to Section 8.48.20 of the Carlsbad Municipal Code, or CMC, the City
Engineer, Building Official and other designated officials, may make exceptions to the
construction hour limitations in CMC Section 8.48.10; and
WHEREAS, on Sept. 19, 2024, the City Engineer denied a request from the San Diego
Association of Governments, or SANDAG, for extended construction hours for the Batiquitos
Lagoon Double Track Project; and
WHEREAS, a decibel is defined by a ratio that represents a logarithmic scale in respect to
a reference pressure level, and on the decibel scale, near absolute silence is designated as 0 dB
while a sound 15 times louder is labeled as 15 dB; and
WHEREAS, according to a 1995 United States Department of Transportation study,
construction equipment noise emission levels range from 76 dBA to upwards to 101 dBA, when
50 feet from the source of the construction equipment; and
WHEREAS, according to a September 2013, California Department of Transportation.
Technical Noise Supplement, the typical noise emission level for quiet suburban nighttime is 35
dBA; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to
consider the appeal filed by SANDAG to begin construction at 6:30 a.m., Monday through Friday,
unrestricted access to Ponto Drive for the Batiquitos Lagoon Double Track Project on Sept. 26,
2024, and unrestricted access for construction vehicles during two prescheduled absolute work
windows when work is scheduled around the clock during weekends; and
WHEREAS, at the public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1. That the above recitations are true and correct.
2. That construction hours are limited in the City of Carlsbad between 7:00 a.m. and
6:00 p.m., with limited exceptions, to safeguard residents’ health.
Oct. 29, 2024 Item #11 Page 7 of 14
3. That the exceptions in Section 8.48.020 of the Carlsbad Municipal Code were
considered by the City Engineer but were not deemed sufficient to warrant an
exception for starting construction at 6:30 a.m., nor for prescheduled absolute
work windows, when work is scheduled around the clock during weekends, based
on the impact to residents.
4. That the City Council denies the appeal submitted by SANDAG for extended
construction hours and unrestricted access to Ponto Drive for the Batiquitos
Lagoon Double Track Project.
5. This action is final the date this resolution is adopted by the City Council. The
Provisions of Chapter 1.16 of the CMC, “Time Limits for Judicial Review” shall
apply:
“NOTICE”
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by CMC
Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court
not later than the ninetieth day following the date on which this decision becomes final; however,
if within ten days after the decision becomes final a request for the record is filed with a deposit
in an amount sufficient to cover the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the record of the proceedings
shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
Oct. 29, 2024 Item #11 Page 8 of 14
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ____ day of _____, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_________________________________
KEITH BLACKBURN, Mayor
_________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
Oct. 29, 2024 Item #11 Page 9 of 14
From:Jason Geldert
To:Kim, Tae
Cc:Vavrosky, Adam; Bertsch, Philip; rnocon@kleinfelder.com; stephen.fordham@sandag.org; Kelly, Troy; Tiffany
Fisher; Tom Frank; Emily Hasegawa; Mike Strong
Subject:RE: Ponto Dr Sidewalk Closure Plan Request; ROW2024-0519 & ROW2024-0601
Date:Thursday, September 19, 2024 2:58:00 PM
Attachments:image001.gifimage002.gifROW2024-0519 and ROW2024-0601 Plancheck Comments.pdfExample driveway plan.pdf
Tae (and all):
Attached are the plan check comments for ROW2024-0519 (Driveway) and ROW2024-0601
(Temp access over curb). Also attached is an example plan for a driveway apron installation.
Please see the notes at the bottom of the plan check comments. Note that work hours for the
right-of-way and on the Fenton site shall be in accordance with Carlsbad Municipal Code
Section 8.48.10. Those hours are 7:00 am to 6:00 pm Mon-Fri and 8:00 am to 6:00 Saturday.
No work on Sundays or Holidays. The city engineer and engineering manager for CM&I did not
approve an exception to the work hours. The date of that decision is today, September 19,
2024. According to Carlsbad Municipal Code Section 1.20.310 you have 10 calendar days
from the date of the decision to appeal to the City Council by filing a written notice of appeal
with the City Clerk. Please refer to the linked code section.
Jason Geldert, P.E.
Engineering Manager
Land Development Engineering
www.carlsbadca.gov
760-814-0229 mobile
Facebook | Twitter | You Tube | Flickr | Pinterest | Enews
From: Kim, Tae <TKim@flatironcorp.com>
Sent: Wednesday, September 18, 2024 1:23 PM
To: Tiffany Fisher <Tiffany.Fisher@carlsbadca.gov>
Cc: Jason Geldert <Jason.Geldert@carlsbadca.gov>; Vavrosky, Adam
<AVavrosky@flatironcorp.com>; Bertsch, Philip <pbertsch@flatironcorp.com>;
rnocon@kleinfelder.com; stephen.fordham@sandag.org; Kelly, Troy <TKelly@flatironcorp.com>
Subject: Ponto Dr Sidewalk Closure Plan Request
Exhibit 2
Oct. 29, 2024 Item #11 Page 10 of 14
Tiffany,
Please see the attached traffic control permit to close the existing sidewalk on Ponto Dr. The
purpose of this separate permit request is to avoid impacting any pedestrians when FSSW
enters the area without the driveway installed. It is FSSW’s intent to install the driveway as
soon as next week once the permit (ROW2024-0519) is approved. We intend to close the
existing sidewalk in the meantime to mobilize in the equipment. At this time, FSSW does not
intend to have truck hauls or large equipment entering through this without the driveway
installed as discussed during the meeting.
Please expedite the review and let us know if you have any questions or concerns. We would
like to mobilize in through Ponto Dr as soon as possible.
Thank you,
Tae Kim │ Project Engineer
mobile 619.991.3163 │tkim@i5northcoast.com
~~~ FLATIRON CONFIDENTIALITY STATEMENT ~~~ The information in this email is
confidential and may be legally privileged. It is intended solely for the addressee. Access
to this email by anyone else is unauthorized. If you receive this email in error, please
reply to notify me immediately. Thank you.
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Oct. 29, 2024 Item #11 Page 11 of 14
September 26, 2024
City of Carlsbad ATTN: City Clerk 1200 Carlsbad Village Dr Carlsbad, CA 92008
Subject: Appeal of Decision Regarding Working Hours for the Batiquitos Lagoon Double Track ROE
Dear Carlsbad City Clerk,
The San Diego Association of Governments (“SANDAG”) is providing written appeal for the decision related
to the plan check of ROW Permit 2024-0519 and ROW Permit 2024-0601 as it relates to the requirements to adhere to working hours in accordance with City of Carlsbad Municipal Code Section 8.48.10. SANDAG is requesting extended working hours from 6:30am to 6:00pm for the Batiquitos Lagoon Double Track (“BLDT”) project. This working hours exception is a deviation of one-half hour from the City of Carlsbad’s
typical working hours of 7:00 am to 6:00 pm. The exception would include SANDAG’s contractor, Flatiron-Skanska-Stacy Witbeck, (“FSSW”), providing traffic control, accessing the North County Transit District
(“NCTD”) Right of Way from Ponto Drive , and truck hauling on designated routes within the City of Carlsbad including hauling for sand replenishment at South Ponto State Beach, and laydown within the Ponto Lot. The BLDT project involves the replacement of the existing 1940s single tracked wooden trestle bridge across the Batiquitos Lagoon with a new concrete bridge supporting increased rail capacity with double
tracks. The new bridge is designed to be resilient against future storm events while increasing tidal flushing to improve the overall health of the Batiquitos Lagoon. The BLDT will also improve the local beaches by
replenishing 50,000+ cubic yards of sand and rebuild the eroding W-2 Least Tern Nesting site located within the City of Carlsbad. The impacts from this deviation will not affect residents because working hours within
the Railroad Right of Way are 6:00 am to 6:00 pm.
In addition, SANDAG requests unrestricted use of the Ponto Drive access to the NCTD Right-of-Way (ROW) for contractor vehicles including maintenance vehicles. The off-hours contractor maintenance
vehicles accessing from Ponto Drive would be performing refueling and maintaining construction equipment located within the NCTD ROW. The working hour request for this deviation is to allow FSSW to use haul
routes and truck access starting at 6:30 am. Shifting construction operations later in the day does not have a 1:1 relationship with the end of the shift. The evening commuter train traffic results in more contractor
work stoppages for the train’s safety resulting in 20 minutes of actual work during the peak train commuter hour. If the working hours are to be pushed one-half hour later, the BLDT project would need to extend its
current 10.5-hour shifts to 12-hour shifts to maintain the original production and project schedule. A 12-hour shift will push construction activities into the evening commute hours.
SANDAG is also requesting unrestricted use of driveway access from Ponto Drive, haul routes, and Ponto
Lot laydown, for its contractor FSSW, during prescheduled absolute work windows (AWWs). These are windows when train traffic ceases from Saturday morning at 12:30 am until Monday morning at 12:30 am.
AWWs are used for critical work that cannot be performed while trains are in service. There are typically six (6) to seven (7) AWWs prescheduled throughout the year. With four (4) or five (5) scheduled between
January and March and two (2) scheduled in October. Activities performed during AWW weekends are scheduled to the minute and are performed around the clock. Without unrestricted access during these
weekends it will not be possible to complete this railroad project. This project anticipates using 2 AWW’s for the duration of the project. How ever others could be utilized to regain schedule. We will notify the City in advance of any AWW work.
Extending the work hours will allow FSSW to maintain the original BLDT 44-month construction schedule. The original substantial construction completion date was April 4th, 2028. Due to the W-2 Least Tern Nesting Site, major construction activities that would involve trucking operations for importing Rip Rap or exporting sand to replenish South Ponto Beach must be suspended annually between April 15th and August
Exhibit 3
Oct. 29, 2024 Item #11 Page 12 of 14
1st to not interfere with the Least Tern Nesting/Breeding Season. Additionally, the BLDT project is subject to two Absolute Work Windows (“AWW”) associated with railroad outages required to shift the active LOSSAN Corridor rail onto the new BLDT bridge. The combination of the Least Tern Nesting Seasons, the limited AWW outages, and now potentially limited work hours pose a real risk of extending the BLDT project 6-12months including a fourth Least Tern Nesting Season shutdown and pushing the South Ponto Beach Replenishment completion into the winter of 2028/2029.
Per Section 8.48.020 of the Municipal Code, the project meets the exceptions listed in the Municipal Code:
- Conducting construction activities during early morning hours is expected to be less objectionable to the community compared to late afternoon operations. Early start times will help mitigate noise
and traffic disturbances during late afternoon hours, which could negatively impact residents’ quality of life. - As mentioned previously, maintaining the original schedule helps to ensure that the project does not encroach into subsequent seasons, which will carry significant economic and environmental impacts. - By allowing this deviation, we are prioritizing the public interest in achieving timely completion of vital construction. This project will ultimately enhance community infrastructure, which benefits all residents and visitors in Carlsbad. The requested hours for the BLDT project will be similar to the work hours requested for the future Carlsbad Village Railroad Trench. Optimizing extended work hours when working within the NCTD ROW around the heavier commuter rail traffic will also optimize the contractors construction activities minimizing the impacts to the local community. Should you have any additional questions please do not hesitate to contact me at your earliest convenience.
Sincerely,
Tim DeWitt
(619) 980-0122
SANDAG
Oct. 29, 2024 Item #11 Page 13 of 14
Exhibit 4
Oct. 29, 2024 Item #11 Page 14 of 14