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HomeMy WebLinkAbout2025-03-19; Planning Commission; Resolution 7539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN, SDP 2024-0014, COASTAL DEVELOPMENT PERMIT, CDP2024-0019, AND HABITAT MANAGEMENT PLAN PERMIT, HMP2024-0007, TO REHABILITATE NINE EXISTING MANHOLES VIA INSPECTION, CLEANING, CRACK REPAIR, LINING, AND REPLACEMENT OF EXTERNAL MANHOLE COVERS AND CONCRETE PADS LOCATED BETWEEN AVENIDA ENCINAS AND POINSETTIA LANE ON NORTH COUNTY TRANSIT DISTRICT RIGHT-OF- WAY AND WATERS END HOMEOWNERS ASSOCIATION CONSERVATION EASEMENT PROPERTY IN LOCAL FACILITIES MANAGEMENT ZONE 22 CASE NAME: PONTO SEWER MANHOLE REHABILITATION PROJECT CASE NO.: SDP2024-0014, CDP2024-0019, HMP2024-0007 (PUB2022-0007) WHEREAS, City of Carlsbad, has filed a verified application regarding property the State of California owns, described as Assessor Parcel Number 214-150-08, 214-150-11, 214-150-12, and 214- 610-58 (“the Property”); and WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2025010786) was prepared in conjunction with said Project, reviewed and adopted consistent with the findings in the Planning Commission Resolution; and WHEREAS, the IS/MND and Mitigation Monitoring and Reporting Program is incorporated herein by reference as Exhibit 1 – Attachments “A-B” of the staff report and on file in the Carlsbad Planning Division; and WHEREAS, said verified application constitutes a request for a Site Development Permit, Coastal Development Permit and Habitat Management Plan as shown on Exhibit(s) “A” – “F” dated March 19, 2025, attached hereto and on file in the Carlsbad Planning Division, SDP2024-0014, CDP2024-0019, HMP2024-0007 – PONTO SEWER MANHOLE REHABILITATION PROJECT, as provided in Chapter 21.06, 21.100, 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 19, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; and PLANNING COMMISSION RESOLUTION NO. 7539 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan, Coastal Development Permit and Habitat Management Plan Permit NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES SDP2024-0014, CDP2024-0019, HMP2024-0007 – PONTO SEWER MANHOLE REHABILITATION PROJECT, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP2024-0014 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of CMC Chapter 21.06, and all other applicable provisions of this code, in that the Project is a maintenance project that proposes minimal external work for rehabilitating nine existing sewer manholes within the City of Carlsbad sewer easements located within an existing transit corridor. The Project is an allowed use in the Residential Density-Multiple, Qualified Development Overlay Zone (RD-M- Q), Transportation Corridor (T-C) Zone, Open Space (OS) Zoning designations and within the Poinsettia Properties Specific Plan (SP 210(A)). Additionally, the Project does not propose new development subject to the above zones or Specific Plan’s development guidelines or standards. The Project is consistent with the General Plan (Residential, 19–23 units/acre (R-23), Public (P), Transportation Corridor (TC), Open Space (OS)) Land Use Designations and policies in that the Project will ensure adequate public facilities are provided to or concurrent with development by bringing the sewer manholes to current design/construction standards thereby preventing further sewer system corrosion that may potentially leak and cause a system failure. The project is located within the Coastal Zone’s Mello II Segment of the Local Coastal Program and within the city’s Habitat Management Plan (HMP)’s Hardline Preserve Area and has been analyzed for compliance with the Coastal Development Procedures (CMC Chapter 21.201), Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204); and Habitat Management Plan (CMC Chapter 21.210) as further discussed below under Coastal Development Permit, CDP2024-0019 and Habitat Management Plan, HMP2024-0007 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the Project is not a development project but rather a maintenance project that proposes minimal external work for rehabilitating nine existing sewer manholes within the City of Carlsbad sewer easements. The Public Works Department is taking a proactive approach in repairing sanitary sewer manholes throughout the city prior to any major failures. At this time, repairing internal cracks and wall surfaces and manhole lining is thought to be the ideal solution as existing manholes are such that full replacement is not required, but other rehabilitation solutions could be considered in the future. The Project scope and proposed mitigation measures as discussed in Exhibit 1 Attachment “A”, will avoid or lessen potential adverse environmental impacts on the site to less than significant. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use in that the Project is not a development project but rather a maintenance project that proposes minimal external work for rehabilitating existing sewer manholes within the city’s sewer easement. The Project includes minimal external work, including the replacement of all manhole frames and covers, replacement of 5-foot-square concrete pads at four of the manhole locations, and new installation of 5-foot-square concrete pads at the other five manhole locations that currently do not have pads. The new and replacement pads can be fully accommodated within the city’s sewer easement. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained in that the Project is not a development project but rather a maintenance project that proposes minimal external work for rehabilitating existing sewer manholes and therefore would not need to comply with land use development standards pursuant to the project site’s zoning designations or the Poinsettia Properties Specific Plan. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use in that the Project is not a development project but rather a maintenance project that proposes minimal external work for rehabilitating existing sewer manholes within the City of Carlsbad sewer easement and existing transit corridor and therefore the project will not generate new operation or maintenance traffic that already exist for maintaining the current sewer facility. 6. The proposed development or use meets all other specific additional findings as required by Title 21, in that there are no other specific additional Title 21 findings that apply to the Project. Coastal Development Permit, CDP2024-0019 7. That the proposed development is in conformance with the Certified Local Coastal Program (Mello II Segment) and all applicable policies in that, the Project is within the Mello II Segment of the Local Coastal Program (LCP) and therefore is subject to the approval of a coastal development permit (CDP). Portions of the Project site is also within the appealable jurisdiction of the Coastal Commission and therefore the city’s decision on the coastal development permit can be appealed to Coastal Commission. To approve a coastal development permit, the city must find that the project complies with the certified Local Coastal Program (LCP). LCP provisions applicable to the Project include the Mello II Segment of the LCP Land Use Plan, the Zoning Ordinance, including the Coastal Resource Protection Overlay Zone (Chapter 21.203), and the Habitat Management Plan (Chapter 21.210). The Project is consistent with the LCP in that there is no development proposed that would need to comply with land use, there is no conversion of agricultural land, agricultural activities, no new development is proposed within environmentally sensitive habitats, geological or flood hazards. There may be potential temporary construction impacts to sensitive habitats in proximity to the sewer manholes however the Project will be mitigated and monitored to avoid or reduce potential impacts to less than significant. Additionally, no significant grading or landscaping is proposed, no scenic views are disturbed, and public access will be maintained. The Project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the Project is not located adjacent to the coastal shore or lagoons; therefore, it will not interfere with the public’s right to physical access or for water-oriented recreational activities. The Project does not propose any vertical development therefore will not obstruct views of the coastline or lagoons as seen from public lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. Temporary construction activity will occur within the existing trail along the eastern boundary near the sewer pipeline and therefore temporary trail closure notifications will be provided by the city to trail users via the city’s website and onsite signage posted two weeks in advance of work activity. The existing trail will be temporarily closed during construction hours on weekdays; however, construction equipment will be removed from the site daily. Therefore, the Project as designed will conform to the regulations of the City of Carlsbad LCP including the public access and recreation policies of Chapter 3 in a manner that protects and enhances coastal resources. 8.The Project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the Project 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 runoff, pollutants, and soil erosion. The site is not located in area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. Habitat Management Plan, HMP2024-0007 9.That the subject site is shown in Exhibit 1 Attachment “A” to the staff report, incorporated herein by reference, of the approved HMP is within an “Existing Hardline Conservation Area.” 10.That authorization for the Project to temporarily impact 0.072 acre of coastal sage scrub is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP). 11.That authorization to impact sensitive habitats subject to continuous compliance with all mitigation measures as stated in the Mitigation Monitoring and Reporting Program as provided in Exhibit 1 Attachment “B” to the staff report, incorporated herein by reference and is subject to all conditions contained in Exhibit 1 Planning Commission Resolution No.7538 MND for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 12.That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 13.That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the SDP2024-0014, CDP2024-0019, HMP2024-0007 – PONTO SEWER MANHOLE REHABILITATION PROJECT. 14.That the Project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the Project scope and construction plans have been designed to minimize direct and indirect temporary impacts to the HMP hardline preserve area by: a.Requiring staging and equipment storage be located outside of the Preserve area on developed or unvegetated areas b.Placing plywood along the access route over the vegetation to ensure the existing vegetation is protected from trampling/removal. c.Requiring a qualified biologist onsite to ensure temporary direct and indirect impacts are avoided. 15.That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 16.That the authorization to impact sensitive habitats as a result of the Project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 17.The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the city’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. General 18.The Planning Commission finds that the Project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, in that the General Plan Land Use designation for this property is Residential, 15–23 units/acre (R-23), Public (P), Transportation Corridor (TC), Open Space (OS) and sewer facilities and access routes to sewer facilities are permitted uses with the use of the city’s existing sewer easement and access agreements. The Project is consistent with the R-23, TC and OS General Plan Land Use Designations. 19.The Project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all other city public policies and ordinances. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to commencement of construction. 1.Approval is granted for SDP2024-0014, CDP2024-0019, HMP2024-0007 – PONTO SEWER MANHOLE REHABILITATION PROJECT as shown on Exhibit 6 of the staff report for full-size Exhibits “A” – “F”, dated March 19, 2025, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Site Development Permit, Coastal Development Permit and Habitat Management Plan Permit. 3.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Permit, Coastal Development Permit and Habitat Management Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4.The developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5.If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the Project without the condition complies with all requirements of law. 6.Developer shall implement, or cause the implementation of, the SDP2024-0014, CDP2024-0019, HMP2024-0007 – PONTO SEWER MANHOLE REHABILITATION PROJECT Mitigation Monitoring and Reporting Program as provided in Exhibit 1 Attachment “B” of the staff report. 7.Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Site Development Permit, Coastal Development Permit and Habitat Management Plan Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 8.Prior to submittal of the building plans or improvement plans whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan or other, preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8.This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9.This approval shall become null and void if the commencement of construction activities has not begun for this Project within 24 months from the date of Project approval. 10.Prior to the commencement of construction activities, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan, Coastal Development Permit and a Habitat Management Plan Permit by Resolution(s) Nos. 7538 and 7539 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete Project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. The Project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit {CDP) shall not become effective until ten {10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 19, 2025, by the following vote, to wit: AYES: Meenes, Burrows, Foster, Hubinger Lafferty, Stine NAYES: ABSENT: Merz ABSTAIN: ROY MENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL STRONG Assistant Director of Community Development Department / '- - " ' - J