HomeMy WebLinkAbout2000-04-19; Planning Commission; Resolution 47610 0
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PLANNING COMMISSION RESOLUTION NO. 4761
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A SEWER
LIFT STATION AND INSTALL SEWER PIPELINES ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF AGUA HEDIONDA LAGOON IN LOCAL FACILITIES
MANAGEMENT ZONES 8 AND 13
CASE NAME: SOUTH AGUA HEDIONDA INTERCEPTOR
CASE NO.: CUP 99- 19
- REACH 3
9 WHEREAS, the Carlsbad Municipal Water District, “Developer,” has file
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and Electric Company and the Kelly Land Company, “Owners,” described as 11
verified application with the City of Carlsbad regarding properties owned by the San Diego <
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Properties within the open space and agricultural lands south
of the Agua Hedionda Lagoon, north of Cannon Road/the
Cannon Road extension, and east of the 1-5 Freeway.
II (“the Property”); and 15
16 WHEREAS, said verified application constitutes a request for a Conditional ‘I
17 Permit as shown on Exhibits “A” - “I” dated April 19, 2000, on file in the Carlsbad Plannj
18 Department, SOUTH AGUA HEDIONDA INTERCEPTOR - REACH 3, CUP 99-19,
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provided by Chapter 2 1.42 and/or 2 1 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of April, 2000, hc
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22 a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimo
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relating to the CUP. 25
and arguments, if any, of all persons desiring to be heard, said Commission considered all fact(
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannil 26
27 11 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commiss
CUP 99-19, based on the following findings and subject to the follow
conditions:
APPROVES SOUTH AGUA HEDIONDA INTERCEPTOR - REACH
Findinm:
1. That the requested use is necessary or desirable for the development of the communitj
essentially in harmony with the various elements and objectives of the General Plan, ,
is not detrimental to existing uses specifically permitted in the zone in which
proposed use is located, in that the project will assist in meeting the sewage dispc
needs of current and future residents and has been designed to minimize :
potential for adverse impacts to the community, particularly in the areas relatinz
public health, odor control, and aesthetics.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that adequate area around the perimeter of the lift station site is available and I
be used for the installation of screening landscape; and adequate area on-site 2
adjacent to the lift station site is available and will be used to establish coastal s,
scrub.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessaq
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that adequate area around the perimeter of the lift stat
site is available and will be used for the installation of screening landsca
adequate area on-site and adjacent to the lift station site is available and will be u;
to establish coastal sage scrub; that all project installations (i.e. the building,
retaining wall, paved surfaces etc.) will be of materials and finishes that blend
with the surrounding natural environment, and that adequate safeguards have bc
incorporated into the project design and operation to minimize potential impa
relating to public safety and odor control.
4. That the paved and unpaved street system serving the proposed use is adequate
properly handle all traffic generated by the proposed use, in that the facility would
generally unmanned and only serviced once monthly, thereby generat
insignificant amounts of traffic.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build
permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the righ
revoke or modify all approvals herein granted; deny or further condition issuance of
hture building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatiol
compel their compliance with said conditions or seek damages for their violation.
PC RES0 NO. 4761 -2-
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vested rights are gained by Developer or a successor in interest by the City’s approva
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctil
and modifications to the conditional use permit documents, as necessary to make th
internally consistent and in conformity with the final action on the project. Developm
shall occur substantially as shown on the approved Exhibits. Any proposed developm
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and IC
ordinances in effect at the time of building permit issuance.
4. The Developer shall submit to Planning Department a reproducible 24” x 36”, rn]
copy of the Site Plan reflecting the conditions approved by the final decision mak
body.
5. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zones 3 and 18 Local Facilities Management Plan and any amendme
made to that Plan prior to the issuance of building permits.
6. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba
to determine if all conditions of this permit have been met and that the use does not h
a substantial negative effect on surrounding properties or the public health and welfa
If the Planning Director determines that the use has such substantial negative effects, 1
Planning Director shall recommend that the Planning Commission, after providing i
permittee the opportunity to be heard, add additional conditions to reduce or eliminate 1
substantial negative effects.
7. Prior to the issuance of any City Notice to Proceed, the Carlsbad Municipal Wal
District shall demonstrate to the satisfaction of the Planning Director, that appro\
of a Coastal Development Permit has been received from the California Coasl
Commission.
8. The project shall comply with the City’s grading and erosion control standards a!
all National Pollution Discharge Elimination System (NPDES) standards. Prior
beginning any construction activity, the Carlsbad Municipal Water District sh.
demonstrate to the satisfaction of the City Engineer that all applicable standarl
have been incorporated into the project.
9. The Carlsbad Municipal Water District shall utilize “micro tunneling,” “direction
drilling,” or other similar non-disruptive technologies when installing wat I
~ pipelines through natural vegetated open space areas.
10. The Carlsbad Municipal Water District shall obtain all the necessary clearanc
from the San Diego Regional Water Quality Board and demonstrate clearance
the satisfaction of the Planning Director, prior to the issuance of any City Notice
Proceed.
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11. The project design features and operational measures for mitigation of poten
system failure and sewage spill, which are identified in the preliminary design plr
shall be incorporated into the final design plans for the project. Prior to
issuance of any City Notice to Proceed, the Carlsbad Municipal Water District SI
submit to the Planning Director a report which demonstrates, in detail, tb
project design features and operational measures. Design features and operatio
measures shall be maintained for the life of the project.
12. The project design features and operational measures for odor mitigation which
identified in the preliminary design plans, shall be incorporated into the final des
plans for the project. Prior to the issuance of any City Notice to Proceed,
Carlsbad Municipal Water District shall submit to the Planning Director a rep
which demonstrates, in detail, those project design features and operatio
measures. Design features and operational measures shall be maintained for the
of the project.
13. Lift station equipment shall be located within a fully enclosed structure. TI
exterior building material and finish (i.e. roofing, siding, doors, color, etc.) of
structure shall be of a character that blends in with the surrounding natu
environment. Additionally any other project installations including the retain:
walls, any tanks or equipment enclosures, fencing, and visible paved surf:
materials shall be finished with a color, and/or comprised of a texture, which bler
in with the surrounding natural environment. Architectural elevations of
building and materials samples shall be submitted to the Planning Director for fil
review and approval prior to the issuance of any City Notice to Proceed.
14. The lift station structure and site shall be screened from public view by ea]
mounding and landscaping to the maximum extent feasible and to the satisfaction
the Planning Director. A landscaped earth mound shall be provided in the a1
between the lift station site and the adjacent public trail. The earth mounding sh
be contoured to be consistent with natural contours in the vicinity of the project si
Landscaping shall be extended to the entire perimeter of the lift station site whc
needed to assist in screening. Landscaping materials shall be a native species, 01
compatible species, and of a size to ensure maximum feasible screening with o
year of establishment. Prior to the issuance of any Notice to Proceed, the Carlsb
Municipal Water District shall submit detailed landscape and irrigation plans to t
Planning Director for review and final approval.
15. Prior to the issuance of any City Notice to Proceed, the Carlsbad Municipal Wal
Fish and Wildlife Service of a mitigation program for impacts to coastal sage scr
and the California coastal Gnatcatcher.
I District shall obtain concurrence from the United States Department of the Interi
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16. Mitigation of impacts to biological resources identified in the project’s Biologic
Technical Report dated July 19, 1999 shall involve restoration and/or preservatic
of habitat, either on- or off-site, at ratios prescribed by the USFWS and/or the Ci
28 of Carlsbad Habitat Management Plan and to the satisfaction of the Plannil
Director.
1) PC RES0 NO. 4761 -4-
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17. Prior to the issuance of any City Notice to Proceed, the Carlsbad Municipal Wal
District shall submit documentation of any acquisition of property or open spa
easement for habitat preservation purposes, to the satisfaction of the Planni
Director.
18. Prior to the California Coastal Commission’s consideration of a Coas
Development Permit for the project, the Carlsbad Municipal Water District sh
submit to the State of California Department of Fish and Game an aerial m
indicating the limitdalignment of the project and documents indicating tt
necessary easements have been obtained for the project. This information shall
provided at least 1 month in advance of the CCC meeting.
19. Prior to the issuance of any City Notice to Proceed, the Carlsbad Municipal Wal
District shall submit a habitat restoration, maintenance, and monitoring plan, 1
review and approval to the satisfaction of the Planning Director and the St:
Department of Fish and Game. Monitoring the restoration area shall be conducl
by qualified professional for a period no less than five years from establishment
the habitat.
20. The contract for construction of the lift station and pipelines shall specify thar
qualified biological monitor shall be employed to assure that all biologic
mitigation measures are properly carried out. The biological monitor shall be t
site when limits of construction are marked and when all initial clearing of the sit6
done. The biological monitor shall carry out subsequent monitoring of constructi
at any time he or she may consider monitoring to be necessary, depending on 1
work schedule and locations.
21. Limits of construction shall be flagged, staked, and fenced prior to the initiation
clearing, brushing, or grading under the supervision of the biological monitor to 1
satisfaction of the Planning Director.
22. Removal of any Diegan coastal sage scrub and disturbed coastal sage scrub must
conducted and construction on the pump station site must begin outside of 1
breeding season of the coastal California gnatcatcher to avoid impacting a
breeding birds within the alignment. Vegetation can be brushed between August
and February 14. A qualified biological monitor must be present to insure that thc
are no impacts to resident birds that use the coastal sage within the study area.
23. Demarcation fencing shall be examined at the beginning of each work day and
integrity insured in all areas scheduled for construction that day.
24. Pavinghrface materials or treatments for the northeasterly lift station access rc
shall be subject to the final review and approval of the State of Califor]
Department of Fish and Game and the Planning Director.
~ 25. Any existing lift station facilityhite which is rendered unnecessary as a result oft
project shall be removed and the site shall be restored to the satisfaction of
Planning Director. Within 18 months from the commencement of facility operatit
the Carlsbad Municipal Water District shall submit to the Planning Director
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review and approval a lift station site/facility phase-out plan. The plan shall addr
any existing lift stations which would be rendered unnecessary as a result of I
project, and plans for removal of facilities and restoration of the site(s).
26. The Carlsbad Municipal Water District shall comply with all paleontologj
resource mitigation measures identified in the related project Environmer
Impact Report for the Cannon Road (SCH #83042707). The mitigat
measures/program components involve the following:
A. The contract for construction of the project shall require that a qualil
consulting paleontologist shall be retained prior to the beginning
construction on any part of the proposed project. The requirement
monitoring shall be noted on grading plans. All persons involved in
paleontological monitoring of grading activities shall be approved by the <
of Carlsbad Community Services Department.
B. The consulting paleontologist shall attend any preconstruction-pregrad
meeting to consult with the grading and excavation contractors.
C. The consulting paleontologist shall be on-site full time during excavation il
the Santiago Formation if previously undisturbed. The monitoring time n
be decreased at the discretion of the paleontologist in consultation, depend:
on the rate of excavation, the materials excavated, and the abundance
fossils.
D. In the event that fossils are discovered, the consulting paleontologist shall
authorized to temporarily halt, direct, or divert grading to allow recoveq
fossil material in a timely manner. The paleontologist shall contact the C
Community Development Services Department at the time of discovery. '1
department shall concur with the salvaging methods before construct
activities are allowed to resume.
E. Any fossil materials collected from the site shall be cleaned, sorted, a
cataloged and then donated to an institution with a research interest in 1
materials, such as the San Diego Natural History Museum. The qualif
paleontologist shall be responsible for preparation of fossils to a point
identification as defined by applicable guidelines, and submittal of a letter
acceptance from a local qualified curation facility. The paleontologist sh
record any discovered fossil sites at the San Diego Natural History Museun
F. Within six weeks of the completion of grading for the project, the consulti
paleontologist shall prepare a monitoring results report with appropri
graphics (even if negative), analyses, and conclusions of the above progra
The report shall be submitted to the City of Carlsbad Commun
Develop-ment Services Department and the San Diego Natural Histc
Museum.
27. The Carlsbad Municipal Water District shall comply with all archeological resou
mitigation measures identified in the related project Environmental Impact Rep I PC RES0 NO. 4761 -6-
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for the Cannon Road (SCH #83042707). The mitigation measureslprogr
components involve the following:
A. The contract for construction of the project shall require that a qualii
consulting archaeologist shall be retained prior to the beginning
construction on any part of the proposed project. The consult
archaeologist shall be approved by the City of Carlsbad Community Servi
Department. The consulting archaeologist shall be responsible
implementing the following program of mitigation for potential impacts
site SDM-W-126.
B. Preparation of a research design for approval by the CMWD. The resea
design should identify important research questions pertinent to the cultu
history of the Agua Hedionda Lagoon area.
C. Hand excavation of a number of units specified in the research design. TI
first phase would involve dividing each site area into a 10x10-meter gr
units would be excavated within each 10x10-meter square to sample the a:
of intact site remaining. The second phase would involve restratifying
site based on recovery in Phase 1 and placing additional units in the area
highest recovery. The second phase excavations may be additional 1x1-me
units, or larger units may be necessary if features are found during the fi
phase.
D. Analysis of the results of the excavation focused towards identifying artif
attributes which would address the investigation’s research design. T
analysis would include submittal of shell and charcoal samples
radiocarbon dating and submittal of soil samples for faunal and fla
microanalysis.
E. Preparation of a final report documenting the findings and evaluating
hypotheses generated during the research design. Approval of the fi
report by the CMWD would complete the mitigation.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Sect
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void:
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannil
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been giT
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the plann
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Commission of the City of Carlsbad, California, held on the 19th day of April, 2000, by
following vote, to wit:
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AYES: Chairperson Compas, Commissioners Baker, Heineman,
L’Heureux, and Nielsen
NOES:
ABSENT: Commissioners Segall and Trigas
ABSTAIN:
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18 ATTEST:
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2o MI%HW
21 11 Planning Director
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PC RES0 NO. 4761 -8-