HomeMy WebLinkAbout2019-05-07; City Council; Resolution 2019-058RESOLUTION NO. 2019-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT
FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX
INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATION AND
REPLACMENT OF EXISTING AGING INFRASTRUCTURE THROUGH THE
PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW
PARKING SPACES TO THE EAST OF THE EXISTING ADMINISTRATION
BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN-
AROUND AREA LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 3.
CASE NAME:
CASE NO.:
ENCINA WATER POLLUTION CONTROL FACILITY
AMEND 2018-0008 (DEV2018-173)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Carlsbad Municipal Code, the Planning Commission did, on April 3, 2019, hold a
duly noticed public hearing as prescribed by law to consider Coastal Development Permit Amendment
AMEND 2018-0008, as referenced in Planning Commission Resolution No. 7328; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7328
recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Coastal Development Permit Amendment.
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 the recommendation of the Planning Commission for approval of Coastal
Development Permit Amendment AMEND 2018-0008, is approved, and that the findings
and conditions of the Planning Commission contained in Planning Commission
Resolution No. 7328, on file with the City Clerk and incorporated herein by reference,
are the findings and conditions of the City Council.
3. This action is final on the date the accompanying ordinance for the Precise Development
Plan Amendment {AMEND 2018-0007) is adopted by the City Council, which is the final
action on this project unless appealed to the California Coastal Commission within 10
May 7, 2019 Item #5 Page 7 of 45
calendar days after the second reading ofthe Ordinance. The Provisions of Chapter 1.16
of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of May 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
(SEAL)
May 7, 2019 Item #5 Page 8 of 45
PLANNING COMMISSION RESOLUTION NO. 7328
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT AMENDMENT TO
ALLOW FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX
INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATE AND REPLACE EXISTING
AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3)
CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EAST OF THE EXISTING
ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK
TURN-AROUND AREA WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL
PROGRAM LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME:
CASE NO:
ENCINA WATER POLLUTION CONTROL FACILITY
AMEND 2018-0008 (DEV2018-173)
WHEREAS, Encina Wastewater Authority, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by Encina Joint Powers Authority, "Owner," described
as
Property identified by Assessor's Parcel Numbers 214-010-9500, 211-030-0600 and 211-030-
0800
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit
Amendment as shown on Exhibits "A"-"KK" dated April 3, 2019, attached hereto and on file in the
Carlsbad Planning Division, AMEND 2018~0008 -ENCINA WATER POLLUTION CONTROL FAtlLITY, as
provided in Chapter 21.201.030 ofthe.Carlsbad Municipal Code.; and
WHEREAS, the Planning Commission did, on April 3, 2019, hold a duly noticed public hearing as
prescribed by law to consider said request;
WHEREAS, at said public hearin,g, 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 Coastal
Development Permit Amendment.
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.
Exhibit 4
May 7, 2019 Item #5 Page 16 of 45
· B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the ENCINA WATER POLLUTION CONTROL FACILITY-
AMEND 2018-0008 based on the following findings and subject to the following
conditions:
Findings:
Coastal Development Permit
1. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that project is in the Mello II Local Coastal Program Segment. The policies of
the Mello II segment of the Coastal Zone emphasize preservation of prime agriculture and scenic
resources, protection of environmentally sensitive lands, provision of shorelihe access and
prevention of geologic instability and erosion. The site of the proposed project does not and has
not in recent history supported agricultural uses and has not been designated as protected
agricultural land, nor are there any sensitive resources located on the developable portion of the
site. The wastewater treatment facility is not located in an area of known geologic instability or
flood hazard.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the site does not have frontage along the coastline and no public opportunities
for coastal shoreline access are available from the subject site. Furthermore, the public utility
designated site is not suited for water-oriented retreation activities. Therefore, the project will not
interfere with the public's right to physical access to the sea.
3. 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.
No steep slopes or native vegetation is located on the subject property and the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
General
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone .3 and all city public facility policies and ordinances in that the project
will improve the wastewater treatment process by improving the primary treatment process of
wastewater flows and replace aging equipment. Furthermore, project operations will not result
in any increased traffic and will thus not result in any substantial deterioration of the public
roadway system, nor generate a need for other governmental services, such as emergency
services.
5. An Initial Study (IS), dated August 2018 and prepared by Woodard & Curan for EWA, was
prepared and submitted to the Planning Division with the application submittal. The IS
determined that the project would not have a significant impact on the environment. After
reviewing the IS the City Planner has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do 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 CEQA Section 15301 -Existing Facilities. A Notice of
Exemption will be filed with the County Clerk upon project approval.
PC RESO NO. 7328 -2-
May 7, 2019 Item #5 Page 17 of 45
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
Engineering
General
9. 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.
Grading
10. Based upon a review of the proposed grading and the grading quantities shown on the site plan
for the parking lot, a grading permit for this project is required. Developer shall prepare and submit plans
and technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
11. Developer shall comply with the city's Storm Water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to storm water, receiving water or storm water conveyance system to the
maximum extent practicable. Developer sha 11. notify prospective owners and tenants of the above
requirements.
12. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
13. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm ,Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. · The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
PC RESO NO. 7328 -4-
May 7, 2019 Item #5 Page 19 of 45
14. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
NOTICE TO APPLICANT
The project is appealable to the California Coastal Commission per Section 30603(a){S) of the Public
Resources Code of the California Coastal Act, which states any development which constitutes a major
public works project or a major energy facility costing $100,000 or more is appealable to the Commission.
Therefore, 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 ofa vaiid
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 offinal approval to protest imposition of these fees/exactidns. If you protest
them, ydu 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 cormection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLYto 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 April 3, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Ande'rson, Lafferty, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN: Commissioner Geidner
PC RESO NO. 7328 -5-
May 7, 2019 Item #5 Page 20 of 45