HomeMy WebLinkAbout2011-02-02; Planning Commission; Resolution 67561 PLANNING COMMISSION RESOLUTION NO. 6756
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF REDEVELOPMENT PERMIT RP 10-26 FOR
4 THE PROPOSED SEWER LIFT STATION (SLS) AND
ASSOCIATED PIPING ON THE ENCINA POWER STATION
(EPS) AND ADJACENT PROPERTIES GENERALLY
6 LOCATED NORTH OF CANNON ROAD, WEST OF
INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE
7 SOUTH CARLSBAD COASTAL REDEVELOPMENT 'AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONES 3
8 AND 22.
9 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
10 REPLACEMENT PROJECT
CASE NO.: RP 10-26
11
WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified
13 application with the City of Carlsbad Housing and Redevelopment Commission regarding
14 property described as
1 -* A portion of the EPS, located north of Cannon Road and west
, f of Interstate 5 at 4600 Carlsbad Boulevard (identified as
Assessor's Parcel Numbers 210-010-26 & 210-010-41). The
17 sewer lift station and associated piping are proposed on the
grounds of the Power Station; and
18
A portion of the SDG&E storage lot directly south of the EPS
and east of the railroad tracks (identified as Assessor's Parcel
2Q Number 210-010-42). Associated underground piping is
proposed in this area; and
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A portion of a public street identified as Assessor's Parcel
22 Numbers 210-010-05. Associated underground piping is
„_ proposed in this area; and
24 A portion of Avenida Encinas, from just north of Cannon
Road (on property identified as Assessor's Parcel Number 210-
25 011-05) to just south of Cannon Road. Associated underground
piping is proposed in this area
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27 ("the Property"); and
28 WHEREAS, said verified application constitutes a request for a Redevelopment
Permit as shown and described in the "Encina Power Station Precise Development Plan PDP
1 00-02(C)" document dated February 2, 2011, on file in the Planning Department AGUA
2
HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER
3
REPLACEMENT PROJECT - RP 10-26 as provided and required by Sections 600 and 608 of
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c the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and
5 WHEREAS, the SLS consists of the sewer lift station facilities itself, which
7 includes three structures, the main lift station, a grinder facility, and a bio-filter facility, and
o pipelines, which consists of sewer, recycled and potable water; and
9 WHEREAS, the proposed SLS buildings and a segment of pipelines are located
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within the boundaries of the EPS, while the pipe support bridge and remaining pipelines extend
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to the north and south of the EPS boundaries; and
13 WHEREAS, this Redevelopment Permit applies to the SLS and associated piping
14 located onsite and south of the EPS and within the boundaries of the SCCRA Plan; and
15 WHEREAS, Section 601 states the land uses permitted by the SCCRP shall be
those permitted by the General Plan and zoning ordinance except that certain uses, including
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those uses that transmit wastewater, may be permitted within the boundaries of the SCCRA plan
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only if the Housing and Redevelopment Commission approves 1) a finding that the SLS serves
2Q an extraordinary public purpose; 2) a precise development plan which sets forth standards for
21 development of the SLS; and 3) a Redevelopment Permit for the Project; and
22 WHEREAS, processed concurrently with Redevelopment Permit RP 10-26 is
23 Precise Development Plan Amendment PDF 00-02(C), which establishes the development
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standards for the SLS; and the MND, which provides location and other information on the pipe
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support bridge and associated piping located offsite of the EPS and within the boundaries of the
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27 SCCRA Plan; and
28 WHEREAS, the Planning Commission is the review body for recommending and
processing land use permits proposed in the SCCRA; and
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WHEREAS, the Planning Commission did on February 2, 2011, hold a duly
2 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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<- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
5 relating to the Redevelopment Permit RP 10-26; and
7 WHEREAS, in its deliberations, the Planning Commission considered whether
o the SLS serves an extraordinary public purpose.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AGUA HEDIONDA SEWER LIFT
14 STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT
PROJECT - RP 10-26, based on the following findings and subject to the
15 following conditions:
Findings:
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1. The City of Carlsbad Planning Commission hereby finds the SLS serves an extraordinary
18 public purpose to the City of Carlsbad, the redevelopment area, and the citizens of
Carlsbad as demonstrated by the following benefits:
~0 a. Improve reliability and functionality : The existing sewer lift station and
pipelines, which were constructed in 1964 and rehabilitated in 1989, are under-
21 sized, outdated, and in some areas nearing the end of their useful life. These
facilities also do not have sufficient capacity to convey future projected buildout
22 wastewater flows of the urbanized service areas of the cities of Carlsbad and
Vista. The proposed project is designed of a size adequate to convey the future
anticipated buildout demand for the two cities, and features modern components
24 to improve reliability and functionality.
25 b. Provide a recycled water supply: The project also includes the installation of a
12-inch recycled water line, which will run the length of the project. Eventually,
26 this line will provide adjacent commercial, industrial and office sites a reliable
water supply for landscaping as an alternative to using potable water that is in
short supply.
28 c. Facilitate Recreational Opportunities: The pipe support bridge over the lagoon
channel is being constructed to accommodate the Coastal Rail Trail, a separate,
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future project in this area, which will enhance recreational activities where none
2 currently exists.
3 d. Restore and Enhance the Marine Environment: The SLS will be located further
to the east, will install modern equipment, and will replace the fragile wood
4 trestle bridge(s) that currently encroaches in the lagoon. The trestle bridge(s),
including the removal of the pilings that are located in the lagoon channel, would
be considered a beneficial impact to the lagoon. Furthermore, the new pipe
support bridge will span the entire width of the channel and will not impact the
lagoon.
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e. Remove Blight: The proposed project will allow for the dismantling and
8 elimination of the existing lift station structure and over flow basin that was
constructed in 1964. The new SLS will be constructed primarily underground
and will not be visible as viewed from the east and south by motorists,
passengers and pedestrians in the area. The structures will be stained earth-tone
colors to blend in with the surrounding area. Furthermore, although adjacent to
11 the SCCRA plan boundaries, the existing trestle-style wood bridge(s) will be
removed and replaced with a modern steel bridge with a weathered looking
12 guardrail, which will improve the visual character of the overall area.
13 That the proposed SLS use can be approved because the underlying Public Utilities (P-U)
zoning district requires the approval of an official Precise Development Plan prior to the
approval of building permits for allowed uses, and PDF 00-02(C), processed and
15 approved concurrently with RP 10-26, serves as the code-mandated regulatory document
for the subject property.
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, - 3. As demonstrated in Finding 1 above, the Project complies with several SCCRA Plan
goals, which are listed in Section IV (400) of the Plan that seek to increase coastal
g recreation opportunities, eliminate blight and environmental deficiencies, and strengthen
the economic base of the project area through reliable, modern infrastructure.
19 Furthermore, the Project also complies with the following Plan goal:
20 a. Implement performance criteria to ensure quality site design and environmental
standards to provide unity and integrity to the entire Redevelopment Plan area.
The SLS complies with this goal by exhibiting a quality design and color (earth-
22 tones) that is sensitive to its environment and non-utility surroundings. As a
regulatory document, the Precise Development Plan establishes development
standards and review procedures for the EPS and the SLS. Further, the Project
- . has been reviewed concurrently with the processing of the MND, compliant with
the provisions of the California Environmental Quality Act (CEQA).
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4. The Project is consistent with the General Plan in that it implements goals and policies
26 of the Land Use Element, as demonstrated by the following:
77 a. The proposed SLS is needed to ensure adequate provision of sewer service into
20 the future and will protect the quality of the lagoon and sensitive habitat in the
area by locating the SLS further to the east, using modern equipment, and
replacing the fragile wood trestle bridge(s) that currently encroaches in the
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lagoon. These elements are consistent with Land Use Element Growth
2 Management and Public Facilities Goal A.I, which states, "A City which ensures
the timely provision of adequate public facilities and services to preserve the
3 quality of life of residents."
b. The proposed SLS will replace an existing sewer lift station that is old and not
<- adequately sized to accommodate planned growth per the existing Carlsbad and
Vista General Plans. In addition, the project would result in more efficient and
6 reliable wastewater transport to the EWPCF. The project is consistent with the
Land Use Element Growth Management and Public Facilities Goal A.2, which
7 states, "A City which maintains a system of public facilities adequate for the
projected population" and Goal A.3, which states, "A City that responsibly deals
with the disposal of solid and liquid waste."
9 c. The proposed SLS will be constructed within the existing hillside away from the
10 lagoon and will not be visible from the south and east, nor will it block lagoon or
ocean views. Furthermore, the proposed pipe support bridge will be constructed
to allow for the Coastal Rail Trail, a separate, future project in the area. These
elements are consistent with Land Use Element Environmental Implementing
Policies and Action Programs C-5, which states, "Limit future development
13 adjacent to the lagoons and beach in such a manner so as to provide to the
greatest extent feasible the physical and visual accessibility to these resources for
14 public use and enjoyment.
d. The Project is consistent with the Public Utility (U) land use designation of the
,/- EPS, which permits wastewater treatment facilities. In addition, sewer and
water pipelines are permitted in any land use designation. Further, the SLS
17 structures will have a flat roof and the buildings are a series of square and
rectangular shapes architecturally articulated to vary building elevations and
facade and will be partially below grade and stained with earth-tones to comply
with the sensitive design objective of Overall Land Use Pattern Policy C.6, which
states, "Review the architecture of buildings with the focus on ensuring the
2Q quality and integrity of design and enhancement of the character of each
neighborhood.
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5. The Project is consistent with the Encina Specific Plan 144 in that:
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_~ a. It complies with applicable Specific Plan standards and requirements adopted
over the years regarding architectural review, building height, exterior lighting,
24 and rooftop mechanical equipment.
25 b. Since the Project proposes no changes to the operation of the EPS, the Project
does not conflict with Specific Plan standards and requirements regarding
power station operations.
27 c. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land
28 use designations of the City of Carlsbad General Plan, with which the Project is
consistent. Additionally, SP 144(L) would incorporate by reference PDF 00-
02(C).
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6. The Project is in conformance with the Agua Hedionda Land Use Plan and all applicable
2 policies in that the Project has been reviewed for consistency with relevant coastal
policies including land use, habitat protection, grading and drainage, stormwater
3 management, recreation, shoreline access, and visual resources. In particular, the
Project complies with the Land Use Plan building height limitation of 35 feet.
Furthermore, the Project has been conditioned to obtain a coastal development
<- permit from the California Coastal Commission.
5 7. The Project is consistent with the City's adopted Scenic Corridor Guidelines, which
apply to Carlsbad Boulevard and the North County Transit District railroad corridor, in
7 that the lift station walls on the north and east will be constructed as retaining walls,
and thus hidden from view except for a 5-foot section of the top of the cured-in-
place (CIP) concrete structure. The structure will have a flat roof. As such, the
building is a series of square and rectangular shapes architecturally articulated to
vary building elevations and facade from the view of the rail passengers travelling
10 through the city. Furthermore, the lift station will be virtually imperceptible to
motorists on Carlsbad Boulevard or on the Carlsbad beach due to the distances
involved, design of structures into the bluff, and material and colors that will blend
in with the surrounding area.
13 8. The Project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zones 3 and 22 and all City public facility policies and
14 ordinances. The City's fire, schools, libraries and parks and recreation performance
standards were developed assuming population growth occurs through the
construction of additional dwelling units. However, the proposed project does not
, f include residential land uses, and does not include any components that would result
in an increase in population or any public facility or infrastructure demand that
17 might result from commercial or other non-residential land uses. Furthermore,
project operations will not result in any increased traffic and will thus not result in
18 any substantial deterioration of the public roadway system, nor generate a need for
other governmental services, such as emergency services. Replacement of the
existing sewer lift station and force main is designed of a size adequate to convey the
2Q future anticipated build-out demand of the service area.
21 9. 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
22 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.
24 10. As conditioned, the Project is consistent with the City's Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a Notice to Proceed or commencement of construction, whichever occurs first.
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General
2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
3 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City of Carlsbad Housing and
4 Redevelopment Commission 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
r 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
7 violation. No vested rights are gained by Developer or a successor in interest by the City
of Carlsbad's Housing and Redevelopment Commission approval of this Redevelopment
8 Permit RP 10-26.
Q 2. Staff is authorized and directed to make, or require Developer to make, all corrections
I A and modifications to the Redevelopment Permit RP 10-26 documents, as necessary to
make them internally consistent and in conformity with final action on the project.
I1 Development shall occur substantially as shown in the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Prior to approval of the Redevelopment Permit, the Developer shall apply for and obtain
approval of a Coastal Development Permit issued by the California Coastal Commission
14 or its successor in interest, which substantially conforms to this approval. A signed copy
of the Coastal Development Permit must be submitted to the Planning Director. If the
15 approval is substantially different, an amendment to the Redevelopment Permit RD 10-
26 shall be required.16
, 7 4. This approval is granted subject to the adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP
18 144(C), CDP 10-17, HDP 10-05, SUP 10-02 and BMP 05-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6757,
19 6758, 6759 and 6760 for those other approvals incorporated herein by reference.
20 5. Approval is granted for Redevelopment Permit 10-26 as shown and described in the
2\ "Encina Power Station Precise Development Plan" document dated February 2,
2011, and the Mitigated Negative Declaration (MND) and Mitigation Monitoring
22 and Reporting Program (MMRP) on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise
23 noted in these conditions.
24 6. Developer shall comply with all applicable provisions of federal, state, and local laws and
25 regulations in effect at the time of the issuance of a Notice to Proceed or
commencement of construction, whichever occurs first.
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7. Developer shall implement, or cause the implementation of, the MND and Project
27 MMRP.
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8. As a condition of this approval, applicant must comply with the requirements of all
2 regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project.
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9. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
4 the Redevelopment Permit reflecting the conditions approved by the final decision-
<. making body.
5 10. Developer shall submit to the Planning Director a design depicting how the pipes on
the pipe support bridge will be screened from view.
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11. Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
o format (including any applicable Coastal Commission approvals and the MMRP).
10 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the conditions herein and the City's Landscape
11 Manual. Developer shall construct and install all landscaping as shown on the approved
Final Plans, and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
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13. This approval shall become null and void if the Notice to Proceed is not issued or
14 commencement of construction does not occur for this project within two (2) years of
the final discretionary approval, including the discretionary approvals of the
•* California Coastal Commission or other agencies.
Engineering:
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14. Prior to hauling dirt or construction materials to or from any proposed construction site
18 within this project, the hauler shall apply for and obtain approval from, the city engineer
for the proposed haul route.
.->.-. 15. City shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
21 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
22 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. City shall notify
24 prospective owners and tenants of the above requirements.
25 16. City shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, city shall
26 also submit the appropriate Tier level Storm Water Compliance form and appropriate
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
27 completed PTAF.
28 17. This project is subject to 'Priority Development Project' requirements. City shall prepare
and process a Storm Water Management Plan (SWMP) to demonstrate how this project
meets new/current storm water treatment requirements per the city's Standard Urban
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Storm Water Management Plan (SUSMP), latest version. In addition to new treatment
2 control BMP selection criteria in the SUSMP, the city shall use low impact development
(site design) approaches to ensure that runoff from impervious areas (roofs, pavement,
3 etc) are drained through landscaped (pervious) areas prior to discharge.
4 18. City acknowledges upcoming hydromodification (runoff reduction) requirements may
impact how this project treats and/or retains storm runoff. Hydromodification involves
detailed site design and analysis to reduce the amount of post-development run-off by
mimicking the natural hydrologic function of the site, preserving natural open-spaces and
natural drainage channels, minimizing use of new impervious surfaces, and promoting
7 onsite infiltration and evaporation of run-off.
8 19. City is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
10 (LID) facilities.
\ \ 20. City shall submit documentation demonstrating how this project complies with Interim
Hydromodification requirements per the city's SUSMP, latest version. Documentation
12 shall be included within the Storm Water Management Plan (SWMP).
21. City shall provide all-weather maintenance access roads to the public drainage facilities
(e.g.: headwalls, rip-rap field, etc.) for this project. Where maintenance access roads are
not practical and/or permitted, city shall incorporate low-maintenance design features.
15 Code Reminders:
22. Developer shall exercise special care during the construction phase of this project to
17 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
18 of the City Engineer.
19 23. Approval of this request shall not excuse compliance with all applicable sections of the
2Q Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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24. The project shall comply with the latest nonresidential disabled access requirements
22 pursuant to Title 24 of the California Building Code.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on February 2, 2011, by the following
vote, to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Black, Dominguez,
Montgomery, Nygaard and Siekmann
ABSENT: Commissioner Schumacher
ABSTAIN:
STEPHEPT'HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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