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HomeMy WebLinkAbout2009-11-04; Planning Commission; Resolution 66451 PLANNING COMMISSION RESOLUTION NO. 6645 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 09-03 TO INSTALL A NEW 4 PARALLEL SEGMENT OF UNDERGROUND SEWER FORCE 5 MAIN; INSTALL A NEW RESIN LINER TO AN EXISTING FORCE MAIN; AND ABANDON IN PLACE A SMALL 6 SECTION OF SEWER FORCE MAIN FROM THE BUENA VISTA LIFT STATION (BVLS) TO THE EAST SIDE OF THE 7 BUENA VISTA CREEK BRIDGE AND ALONG THE EASTERN END OF BUENA VISTA LAGOON, LOCATED 8 FROM THE BVLS SOUTHERLY TO THE JEFFERSON 9 STREET/MARRON ROAD INTERSECTION, THEN WESTERLY ALONG JEFFERSON STREET WEST OF THE 10 MARRON ROAD INTERSECTION TO APPROXIMATELY 180 FEET EASTERLY OF 1-5 IN THE MELLO II SEGMENT OF 11 THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL j 2 FACILITIES MANAGEMENT ZONE 1. CASE NAME: BUENA VISTA LIFT STATION SEWER 13 FORCE MAIN (VC-4) CASE NO.: CDP 09-03 14 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 16 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," 17 described as 18 That portion of Lot 32 of Hosp Eucalyptus Forest Company's 19 Tract No. 1 shown on Map No. 1136, filed in the office of the Recorder of San Diego County June 8,1908, as conveyed to the 20 State of California in Parcel 1 of deed Recorded March 1, 1971, file No. 37628, San Diego County Official Records, and a 21 portion of public right-of-way on Jefferson Street between -~ Highway 78, Highway 5, and Marron Road 23 ("the Property"); and 24 WHEREAS, said verified application constitutes a request for a Coastal 25 Development Permit as shown on Exhibits "A" - "EE" dated November 4, 2009, on file in the 26 Planning Department, BUENA VISTA SEWER LIFT STATION FORCE MAIN (VC-4) - 27 CDP 09-03, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 28 WHEREAS, the Planning Commission did, on November 4, 2009, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony4 c and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CDP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES BUENA VISTA SEWER LIFT STATION FORCE MAIN (VC- 12 4) - CDP 09-03 based on the following findings and subject to the following conditions: 13 Findings: 14 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed sewer force main replacement project will not obstruct views of the coastline or Buena Vista Lagoon as seen from i/- public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No above-ground structures are proposed as part of the project 17 with the exception of the approximate 125-foot length of pipe which will hang under the Jefferson Street bridge over Buena Vista Creek. Therefore, the visual beauty 1" and coastal resources within the coastal zone will not diminish with the proposed , Q sewer force main project. 20 No agricultural uses currently exist on the site or within the area. The proposed project is not located in an area of known geologic instability. Portions of the project 21 area are located within the 100-year flood hazard area. These areas include much of the segment of sewer line within Jefferson Street west of the Marron Road intersection. Since the construction of the sewer pipe hung under the Jefferson 23 Street bridge over Buena Vista Creek will take place on scaffolding hanging from the bridge, no impact to the Buena Vista Creek floodplain will result from the 24 project. The project will not place any new above ground structures within the limits of the identified 100-year flood hazard areas. The project will be underground 25 and will thus not utilize any volume area within the 100-year flood zone. ~fi Construction of the project will not place equipment, structures or other materials in areas which could impede flows of the 100-year flood. Thus no impediment to 27 flood flows will result from implementation of the project. 28 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that access to the existing pedestrian trail leading from the PC RESO NO. 6645 -2- parking lot to a viewpoint overlooking the lagoon will not be affected by this 2 project. Currently access to this trail and viewing area is via the Buena Vista Ecological Preserve Parking Lot owned by the State of California and managed by 3 the California Department of Fish and Game (CDFG). Due to inadequate CDFG staff resources to adequately manage the area, the chain link fence around the parking lot is locked. 3. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 6 of the Land Use Plan, certified September 1990, and therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning 7 Ordinance). o 4. The project is consistent with the provisions of the Coastal Resource Protection Overlay 9 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, Standard 10 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 12 site is not located in an area prone to landslides, or susceptible to accelerated erosion, or liquefaction. While the area may be subject to flooding, the proposed project will be 13 underground, with the exception of the approximate 125-foot length of pipe which will hang under the Jefferson Street bridge over Buena Vista Creek. 14 There are no prime agricultural lands near the site. Construction of the proposed project is not expected to directly or indirectly impact local wildlife movement or 16 migratory fish or wildlife movement because the project is underground and will not result in impacts to biological resources, including the movement of any native 17 resident or migratory wildlife species, or wildlife corridors. In addition, temporary trenching and pipe placement impacts will only occur on the city streets and the BVLS pad during the construction period. However, construction noise could affect in the breeding of migratory songbirds and other bird species associated with the adjacent lagoon, therefore, a mitigation measure has been included in the project's 20 Mitigation Monitoring and Reporting Program (MMRP) to reduce this potentially significant impact to a less than significant level. 21 5. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no development is 23 proposed in areas of steep slopes (coastal bluff). No native vegetation located in the adjacent Buena Vista Lagoon will be impacted during construction. All impacts will 24 be mitigated according to the project's MMRP, which is consistent with the City's HMP. The site is not located in an area prone to landslides, or susceptible to accelerated erosion or liquefaction. While the area may be subject to flooding, the 2£ proposed project will be underground, with the exception of the approximate 125- foot length of pipe which will hang under the Jefferson Street bridge over Buena 27 Vista Creek. 2° 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6645 -3- to mitigate impacts caused by or reasonably related to this project, and the extent and the 2 degree of exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of construction. g 1. 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 7 , 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 n 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 10 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 Coastal Development Permit. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 13 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 14 development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and jg regulations in effect at the time of building permit issuance. 17 4. Developer shall implement, or cause the implementation of, the Buena Vista Lift Station Sewer Force Main (VC-4) Project Mitigation Monitoring and Reporting 18 Program. 19 5. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 20 the Site Plan reflecting the conditions approved by the final decision-making body. 21 6. 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). 23 7. This approval is granted subject to the approval of the Mitigated Negative Declaration 24 and Mitigation Monitoring and Reporting Program, and approval of SUP 09-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6644 and 25 6646 for those other approvals incorporated herein by reference. 26 8. Machinery necessary to accomplish the trenching and pipe laying work will be 27 located on urbanized pads and streets, and will maintain a minimum 10 feet from Coastal Sage Scrub (CSS) and Freshwater Marsh (FM) vegetation communities. 28 Staging areas for pipes, machinery, materials and tools will be within adjacent traffic lanes which will also be closed to traffic. Backhoe and similar rubber-tire PC RESO NO. 6645 -4- machinery will be primarily utilized for trenching, with the spoils temporarily laid 2 directly adjacent to the trench, a minimum 10 feet from CSS and FM vegetation. Trucks to transport materials to the site and other smaller vehicles will access the 3 area and park on the public streets and on the existing BVLS pad. 9. This approval shall become null and void if the Notice to Proceed is not issued or r commencement of construction does not occur for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 6 21.201.210 of the Zoning Ordinance. ' Engineering: g 10. Prior to the commencement of construction, the City will approve a Storm Water 9 Pollution and Prevention Plan (SWPPP). The contractor shall comply with the SWPPP and current requirements and provisions established by the San Diego Region of the 10 California Regional Water Quality Control Board and City of Carlsbad Requirements. 11 11. Prior to the issuance of Notice to Proceed, the contractor shall submit to the Traffic Engineer a Traffic Control Plan, which shall show a detour plan for routing vehicular traffic around the construction site during the construction of the project. Code Reminders: 14 12. Developer shall exercise special care during the construction phase of this project to 15 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 16 of the City Engineer. 13. 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 building permit issuance, except as otherwise specifically provided herein. 19 14. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 21 22 23 24 25 26 27 28 PC RESO NO. 6645 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 4, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONT^MERY,, CARLSBAD PLANNING COMP irperson SIGN ATTEST: 7L DON NEU Planning Director PC RESO NO. 6645 -6-