HomeMy WebLinkAboutHDP 06-07; ENCINA EAST STORMWATER MANAGEMENT; Admin Decision Letter( c · FILE COPY
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November 13, 2007
Gerald Da Silva
San Diego Gas & Electric
9965 Carroll Canyon Road
San Diego, CA 92123
SUBJECT: HOP 06-07-ENCINAEAST STORMWATER MANAGEMENT
The City has completed a review of the application for a Hillside Development Permit for·
grading of four desiltation basins and other minor drainage improvements to accommodate
runoff and erosion from adjacent agricultural fields along the south shore Agua Hedionda .
Lagoon and east of Interstate 5. The improvements are generally located.downstream from
existing desiltation basins that are overrun by native vegetation and in a state of disrepair. ,
The project approved by this permit will increase erosion control, and, in so doing, improve
the water quality of the nearby lagoon.
It is the Planning Director's determination that the project is consistent with the City's
Hillside Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code and
therefore approves this request based on the following:
FINDINGS:
1. Hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages. Project plans include
detailed grading plans and a slope analysis with information as required by
Zoning Ordinance Section 21.95.110 and as needed to determine compliance
with Section 21.95.120.
2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map. Project plans have been prepared according to
the Hillside Development Ordinance's hillside mapping procedures.
3. The development proposal is consistent with the intent, purpose and requirements of
the Hillside Development Ordinance, Chapter 21.95. The project complies with the
purpose and intent of the ordinance, which is to preserve the aesthetic
qualities of natural hillsides. To capture drainage from adjacent fields, grading
would be concentrated primarily in low lying areas, rather. than hillsides.
Grading of slopes would occur to repair. cases of severe erosion, such as·
along steep drainage channels, and to grade the lower portions of slopes to
create desiltation basins. In addition, the approximately 4,100 cubic ·
yards/acre of hillside grading volume proposed is well under the maximum
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
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· ; i,j '~D~'t'i!J_b7 -ENCi NA EAST STORMWATER MANAGEMENT
November 13, 2007
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limit (7,999 cubic yards/acre) the Ordinance identifies as an acceptable,
sensitive hillside grading volume. Overall, all grading would occur in
compliance with ordinance requirements.
As a project which proposes to reduce sediment entering the lagoon and not
impact sensitive habitat, the project also complies with another purpose and
intent of the ordinance, which is to "assure that the alteration of natural
hillsides will' be done in an environmentally sensitive manner whereby lagoon .
and riparian ecosystems will be protected from increased erosion and no
substantial impacts to natural resource areas, wildlife habitats or native
vegetation areas will occur."
The project would not grade any slopes considered to be "undevelopable" and
does not propose development on any manufactured slopes. Further, the
project proposes no development, roads, or publicly-accessible uses; thus,
standards regarding building setbacks, fencing, and roadway design do not
apply.
The Hillside Development Ordinance requires compliance with Coastal Zone
regulations for hillside development. Policy 4.4 of the Local Coastal
Program's Agua Hedionda Segment Land Use Plan states that to protect,
among other things, the sensitivity of the Agua Hedionda area to soil
erodibility and sedimentation, grading of natural steep slope areas (with a
gradient of 25 percent) shall be avoided when feasible. The majority of project
grading would occur in slope areas with gradients of no more than 15 percent.
Furthermore, all grading would occur on slopes that have already been
disturbed by farming operations and devoid of any sensitive vegetation.
Grading of slopes with gradients above 15 percent would be minimal and
would occur to repair highly eroded areas or grade desiltation basins.
4. · The proposed grading and development will not occur in the undevelopable portions
of the site pursuant to the provisions of Section 21.53.230. Project development
consists only of grading of desiltation basins and minor drainage
improvements. No development in terms of buildings, roads, or publicly-
accessible improvements is proposed.
The Hillside Development Ordinance considers as "undevelopable" and does
not permit grading of natural slopes of over 40 percent gradient if the slopes
have a height exceeding 15 feet,comprise a prominent landform feature, and
have an area of at least 10,000 square feet. The project would not grade any
undevelopable areas as defined since proposed grading would not alter any
prominent land form as the general topography of the area would be
maintained, project grading would be concentrated in low lying areas, and
project components would not be readily visible to surrounding uses.
5. The grading design minimizes disturbance of hillside lands. Hillsides that would be
affected by the project are natural but have been disturbed by years of
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farming. The project would. not alter any prominen~-land form, grading would
be concentrated iri low lying areas, and grading volumes are within acceptable
limits. Further, the project would improve the long-term appearance of the
hillsides by repairing areas of severe erosion and installing drainage
improvements to minimize future erosion disturbances.
6. · The project design substantially conforms to the intent of the concept illustrated in
the Hillside Development Guidelines Manual. The project generally maintains·
existing topography and drainage patterns except where remediation work is
proposed to repair areas of severe erosion; this Will in turn improve hillside
appearance. Project grading is primarily concentrated in low lying areas and
would not be readily visible to surrounding areas. The project involves no
construction of ~ny structures or roads.
7. The Planning Director 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. The In-Lieu 'Mitigation Fee imposed on all new development within the City
is essential to fund implementation of the City's Habitat Management Plan.
8. The City of Carlsbad (Planning Director) has determined that:
. a. It has reviewed, analyzed, and considered Mitigated Negative Declaration for
HDP 06-07 -Encina East Stormwater Management, the environmental
· impacts therein identified for this project and said comments thereon, and the
Program, on file in the Planning Department, prior to APPROVING the
project; and
b. The Mitigated Negative Declaration and the Program have been prepared in
accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
c. They reflect the independent judgment of the City of Carlsbad; and in
response to public comments received on the Draft Mitigated Negative
Declaration, a cultural resources survey was performed for the project site.
Findings of the survey concluded the project would have no significant
impacts on cultural resources. The project's environmental impact
assessment (EIA) has been revised to incorporate the findings of the survey.
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The minor changes to the EIA do not require recirculation of the Mitigated
Negative Declaration. CEQA Section 15073.S(c) (4) states recirculation is not
required if "new information is added to the negative declaration which merely
clarifies, amplifies, or makes insignificant modifications to the negative
declaration."
d. Based on the EIA Part II and comments thereon, the Planning Director finds
that there is no substantial evidence the project will have a significant effect
on the environment.
9. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this approval and hereby finds, in this case, that the exactions are
imposed to mitigate impacts caused by or reasonably related to the project, and the
extent and the degree of the exaction is in rough proportionality to the impact caused
by the project.
CONDITIONS:
Planning
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance
of a grading or building permit, whichever first occurs.
1. Prior to approval of the grading or building permit, the Developer shall apply for
and obtain approval of a Coastal Development Permit issued by the California
Coastal Commission or its successor in interest that substantially conforms to this
approval. A signed copy of the Coastal Development Permit must be submitted to
the Planning Director. If the approval is substantially different, an amendment to
Hillside Development Permit HOP 06-07 shall be required.
2. Approval is granted for HOP 06-07, as shown .on Exhibits A -T, dated October 29,
2007, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown on the approved exhibit(s). Any
proposed grading and/or development substantially different from this approval as
determined by the Planning Director, shall require an amendment to this Hillside
Development Permit.
3. 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
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are gained by Developer or a successor in interest by the City's approval of this
H.illside Development Permit. · ·
4. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Hillside Development Permit documents, as
necessary to make them internally consistent and in conformity with the firial 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. ·
5. Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building or grading permit issuance.
6. 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. ·
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 Hillside Development 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. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar
copies of the grading plans and slope analyses reflecting the conditions approved
by the final decision-making body.
9. · Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
10. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
11. This project shall comply with all conditions and mitigation measures which are
required as part of the Zone 13 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
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12. This approval shall become null and void if grading or building permits are not issued
for this project within 18 months from the date of project approval.
13. Prior to the issuance of the building or grading permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Hillside Development Permit 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 Planning Director 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.
14. This project has been found to result in impacts to wildlife habitat or other lands,
such as agricultural land, non-native grassland, and disturbed lands, which provide
some benefits ,to wildlife, as documented in the City's Habitat Management Plan and
the environmental analysis for this project. Developer is aware that the City has
adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat
Management Plan and City Council Resolution No. 2000-223 to fund mitigation for
impacts to certain categories of vegetation and animal species. The Developer is
further aware that the City has determined that all projects will be required to pay the
fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. The fee shall be paid prior to
recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this
project will not be consistent with the Habitat Management Plan and the General
Plan and any and all approvals for this project shall become null and void.
15. Developer shall implement, or cause the implementation of, the Hillside
Development Permit HDP 06-07 Project Mitigation Monitoring and Reporting
Program. ·
Engineering
Note: · Unless specifically stated in the condition, all of the following conditions, upon the
approval of this project, must be met prior to approval of a grading permit.
General
16. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, Developer shall apply for and obtain approval from the City
Engineer for the proposed haul route.
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Fees/Agreements
17. Developer shall cause property owner to process, execute and submit an executed
copy to the City Engineer for recordation a City standard Permanent Stormwater
Quality Best Management Practice Maintenance Agreement for the perpetual
maintenance of all treatment control, applicable site design and source control, post-
construction permanent Best Management Practices prior to the issuance of a
grading permjt or building permit, whichever occurs first forthis Project. ·
18. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Grading
19. Based upon a review of the proposed grading and the grading quantities shown on
the Site Plan, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer prior to issuance of a building
permit. '
20. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
21. Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm
Water Mitigation Plan .(SUSMP). Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water
Best Management Practices Handbook" to reduce surface pollutants to an
acceptable level· prior to discharge to sensitive areas. Plans for such improvements
shall be submitted to and subject to the approval of the City Engineer. Said plans
shall include but not be limited to notifying prospective owners and tenants of the
following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluiqs shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
· chemical treatments shall meet Federal, State, County and City requirements
as prescribed in their respective containers. ·
c. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to ttie landscaping and surface
improvements.
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22. Prior to the issuance of grading permit or building permit, whichever occurs first; ·
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The SWPPP shall
address measur,es to reduce to the maximum extent practicable storm waler
pollutant runoff during construction of the project.
23. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan
(SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad
Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the
San Diego Region of the California Regional Water Quality Control Board and City. of
Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or
filter said pollutants from storm water, to the maximum extent practicable, for the .
post-construction stage of the project. At a minimum; the SWMP shall: ..
a. Identify existing and post-development on-site pollutants-of-concern:
b. Identify the hydrologic unit this project contributes to and impaired water
bodies that could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented
with this project to avoid contact or filter said pollutants from storm water to
the maximum extent practicable before discharging offsite.
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the
proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
Code Reminders
24. The project is subject to all applicable provisions of local ordinances, including but
not limited to the following:
a. Approval of this request shall not excuse compliance with all applicable
sections of the Zoning Ordinance and all other applicable City ordinances in
effect at time of grading or building permit issuance, except as otherwise
specifically provided herein.
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I . .,. -
b. Developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be
provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the
Grading Ordinance) to the satisfaction of the City Engineer.
Notice
Please take NOTICE that approval of your project includes the "imposition" offees;
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 protestprocedure 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
plann'ing, zoning, grading or other similar application processing or servke 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.
For your convenience, the project's Mitigation Monitoring and Reporting Program is
enclosed.
If you have any further questions, please call Scott Donnell in the Planning Department at
(760) 602-4618 or Jeremy Riddle in the Engineering Department at (760) 602-2737.
CITY OF CARLSBAD ?iaJ~
.GARY T. BARBERIO
Assistant Planning Director
GTB:SD:lt
c: Paul Klukas, Planning Systems
Chris DeCerbo, Team Leader
Jeremy Riddle, Project Engineer
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