HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68191 PLANNING COMMISSION RESOLUTION NO. 6819
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
5 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
o A portion of the EPS, located north of Cannon Road and
i, west of Interstate 5 at 4600 Carlsbad Boulevard (identified
as Assessor's Parcel Number 210-010-41). The sewer lift
17 station and associated piping are proposed on the grounds
of the Power Station;
18 o A portion of the SDG&E storage lot directly south of the
EPS and east of the railroad tracks (identified as Assessor's
Parcel Number 210-010-42). Associated underground
20 piping is proposed in this area.
o A portion of a public street identified as Assessor's Parcel
21 Numbers 210-010-05. Associated underground piping is
proposed in this area.
22 o A portion of Avenida Encinas, from just north of Cannon
7_ Road (on property identified as Assessor's Parcel Number
210-011-05) to just south of Cannon Road. Associated
24 underground piping is proposed in this area.
25 ("the Property"); and
2" WHEREAS, said verified application constitutes a request for a Redevelopment
Permit as shown and described in the "Encina Power Station Precise Development Plan PDF
28
00-02(C)" document dated October 5, 2011, on file in the Planning Department AGUA
HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER
1 REPLACEMENT PROJECT - RP 10-26 as provided and required by Sections 600 and 608 of
2
the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and
3
WHEREAS, the SLS consists of the sewer lift station facilities itself, which
4
r includes three structures, the main lift station, a grinder facility, and a bio-filter facility, and
6 pipelines, which consists of sewer, recycled and potable water; and
7 WHEREAS, the proposed SLS buildings and a segment of pipelines are located
8 within the boundaries of the EPS, while the pipe support bridge and remaining pipelines extend
9 to the north and south of the EPS boundaries; and
10
WHEREAS, this Redevelopment Permit applies to the SLS and associated piping
located onsite and south of the EPS and within the boundaries of the SCCRA Plan; and
13 WHEREAS, Section 601 states the land uses permitted by the SCCRA Plan shall
14 be those permitted by the General Plan and zoning ordinance except that certain uses, including
•* those uses that transmit wastewater, may be permitted within the boundaries of the SCCRA Plan
only if the Housing and Redevelopment Commission approves 1) a finding that the SLS serves
17
an extraordinary public purpose; 2) a precise development plan which sets forth standards for
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development of the SLS; and 3) a Redevelopment Permit for the Project; and
20 WHEREAS, processed concurrently with Redevelopment Permit RP 10-26 is
21 Precise Development Plan Amendment PDP 00-02(C), which establishes the development
22 standards for the SLS; and the MND, which provides location and other information on the pipe
23 support bridge and associated piping located offsite of the EPS and within the boundaries of the
24
SCCRA Plan; and
25
WHEREAS, the Planning Commission is the review body for recommending and
26
27 processing land use permits proposed in the SCCRA; and
28
PCRESONO. 6819 -2-
WHEREAS, at their meeting on February 2, 2011, the Planning Commission
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conducted a public hearing and recommended approval of the project and
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recommendation of adoption of the MND/MMRP; and
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5 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City
6 Council and Housing and Redevelopment Commission conducted a public hearing and
7 received testimony on said project; and
8 WHEREAS, at the request of the Planning Director, the City Council and
9
Housing and Redevelopment Commission continued the public hearing to a date certain, in
10
order for staff to fully respond to written and oral testimony received concerning the
project and the environmental analysis; and
] 3 WHEREAS, the City Council and Housing and Redevelopment Commission
14 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to
consider staffs response to previous testimony, and to receive and consider additional
16 testimony; and
17
WHEREAS, the City Council and Housing and Redevelopment Commission
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remanded the project to the Planning Director to conduct further analysis of the
20 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to
21 schedule the application and revised MND/MMRP for a new hearing by the Planning
22 Commission for a recommendation to the City Council and Housing and Redevelopment
Commission; and
24
WHEREAS, the Planning Commission did on October 5, 2011, hold a duly
25
noticed public hearing as prescribed by law to consider said request; and26
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Redevelopment Permit RP 10-26; and
PCRESONO. 6819 -3-
WHEREAS, in its deliberations, the Planning Commission considered whether
2
the SLS serves an extraordinary public purpose.
3
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
4
j. Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AGUA HEDIONDA SEWER LIFT
8 STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT
9 PROJECT - RP 10-26, based on the following findings and subject to the
following conditions:
10
Findings:
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1. The City of Carlsbad Planning Commission hereby finds the SLS serves an extraordinary
public purpose to the City of Carlsbad, the redevelopment area, and the citizens of
13 Carlsbad as demonstrated by the following benefits:
14 a. Improve reliability and functionality : The existing sewer lift station and
pipelines, which were constructed in 1964 and rehabilitated in 1989, are under-
1 ^ 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 wastewater flows of the urbanized service areas of the cities of
17 Carlsbad and Vista. The proposed project is designed of a size adequate to
convey the future anticipated buildout demand for the two cities, and
18 features modern components to improve reliability and functionality.
19 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, this line will provide adjacent commercial, industrial and office
2i sites a reliable water supply for landscaping as an alternative to using
potable water that is in short supply.
22
c. Facilitate Recreational Opportunities: The pipe support bridge over the
23 lagoon channel is being constructed to accommodate the Coastal Rail Trail, a
_. separate, future project in this area, which will enhance recreational
activities where none currently exists.
25 d. Restore and Enhance the Marine Environment: The SLS will be located
26 further to the east, will install modern equipment, and will replace the fragile
wood trestle bridge(s) that currently encroaches in the lagoon. The trestle
27 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.
PCRESONO. 6819 -4-
e. Remove Blight: The proposed project will allow for the dismantling and
2 elimination of the existing lift station structure and over flow basin that was
constructed in 1964. The new SLS will be constructed primarily
3 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.
r Furthermore, although adjacent to the SCCRA plan boundaries, the existing
trestle-style wood bridge(s) will be removed and replaced with a modern steel
6 bridge with a weathered looking guardrail, which will improve the visual
character of the overall area.
7
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
approved concurrently with RP 10-26, serves as the code-mandated regulatory document
10 for the subject property.
11 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
recreation opportunities, eliminate blight and environmental deficiencies, and strengthen
13 the economic base of the project area through reliable, modern infrastructure.
Furthermore, the Project also complies with the following Plan goal:
14
a. Implement performance criteria to ensure quality site design and
'•-' environmental standards to provide unity and integrity to the entire
, s Redevelopment Plan area. The SLS complies with this goal by exhibiting a
quality design and color (earth-tones) that is sensitive to its environment and
17 non-utility surroundings. As a regulatory document, the Precise
Development Plan establishes development standards and review procedures
18 for the EPS and the SLS. Further, the Project has been reviewed
concurrently with the processing of the Mitigated Negative Declaration
(MND), compliant with the provisions of the California Environmental
20 Quality Act (CEQA).
21 4. The Project is consistent with the General Plan in that it implements goals and policies
of the Land Use Element, as demonstrated by the following:
22
a. The proposed SLS is needed to ensure adequate provision of sewer service
into the future and will protect the quality of the lagoon and sensitive habitat
24 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
25 the lagoon. These elements are consistent with Land Use Element Growth
Management and Public Facilities Goal A.I, which states, "A City which
ensures the timely provision of adequate public facilities and services to
27 preserve the quality of life of residents."
28 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
PCRESONO. 6819 -5-
more efficient and reliable wastewater transport to the EWPCF. The project
2 is consistent with the Land Use Element Growth Management and Public
Facilities Goal A.2, which states, "A City which maintains a system of public
3 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."
r c. The proposed SLS will be constructed within the existing hillside away from
the lagoon and will not be visible from the south and east, nor will it block
6 lagoon or ocean views. Furthermore, the proposed pipe support bridge will
be constructed to allow for the Coastal Rail Trail, a separate, future project
7 in the area. These elements are consistent with Land Use Element
Environmental Implementing Policies and Action Programs C-5, which
states, "Limit future development 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 public use and enjoyment."
10
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 structures will have a flat roof and the buildings are a series of square
\ 3 and rectangular shapes architecturally articulated to vary building elevations
and facade and will be partially below grade and stained with earth-tones to
14 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 quality and integrity of design and enhancement of the
, f- character of each neighborhood."
17 5. The Project is consistent with the Encina Specific Plan 144 in that:
a. It complies with applicable Specific Plan standards and requirements
18 adopted over the years regarding architectural review, building height,
exterior lighting, and rooftop mechanical equipment.
b. Since the Project proposes no changes to the operation of the existing EPS,
20 the Project does not conflict with Specific Plan standards and requirements
regarding existing power station operations.
21 c. The proposed amended Encina Specific Plan, SP 144(L), incorporates the
land use designations of the City of Carlsbad General Plan, with which the
22 Project is consistent. Additionally, SP 144(L) would incorporate by reference
PDF 00-02(C).
24 6. The Project is in conformance with the Agua Hedionda Land Use Plan and all applicable
policies in that the Project has been reviewed for consistency with relevant coastal
25 policies including land use, habitat protection, grading and drainage, stormwater
management, recreation, shoreline access, and visual resources. In particular, the
Project complies with the Land Use Plan building height limitation of 35 feet.
27 Furthermore, the Project has been conditioned to obtain a coastal development
permit from the California Coastal Commission.
28
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
PCRESONO. 6819 -6-
that the lift station walls on the north and east will be constructed as retaining walls,
2 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
3 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
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
6 in with the surrounding area.
7 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
ordinances. The City's fire, schools, libraries and parks and recreation performance
a standards were developed assuming population growth occurs through the
construction of additional dwelling units. However, the proposed project does not
10 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
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
any substantial deterioration of the public roadway system, nor generate a need for
13 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
14 future anticipated build-out demand of the service area.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
, 6 contained in this resolution, 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
17 degree of the exaction is in rough proportionality to the impact caused by the Project.
18 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).
Conditions:
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.
22
General
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
24 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
Redevelopment Commission shall have the right to revoke or modify all approvals herein
26 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
27 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 are gained by Developer or a successor in interest by the City
of Carlsbad's Housing and Redevelopment Commission approval of this Redevelopment
Permit RP 10-26.
PCRESONO. 6819 -7-
Staff is authorized and directed to make, or require Developer to make, all corrections
2 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.
3 Development shall occur substantially as shown in the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
4
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
6 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
7 approval is substantially different, an amendment to the Redevelopment Permit RD 10-
26 shall be required.
8
4. This approval'is granted subject to the adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP
10 144(C), CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6820,
6821, 6822 and 6823 for those other approvals incorporated herein by reference.
12 5. Approval is granted for Redevelopment Permit 10-26 as shown and described in the
13 "Encina Power Station Precise Development Plan" document dated October 5,2011,
and the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
14 Reporting Program (MMRP) on file in the Planning Department and incorporated
herein by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
6. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of the issuance of a Notice to Proceed or
commencement of construction, whichever occurs first.
18
7. Developer shall implement, or cause the implementation of, the MND and Project
19 MMRP.
20 8. As a condition of this approval, applicant must comply with the requirements of all
21 regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project.
22
__ 9. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Redevelopment Permit reflecting the conditions approved by the final decision-
24 making body.
25 10. Developer shall submit to the Planning Director a design depicting how the pipes on
the pipe support bridge will be screened from view.26
27 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
28 format (including any applicable Coastal Commission approvals and the MMRP).
PCRESONO. 6819 -8-
12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing conformance with the conditions herein and the City's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved
3 Final Plans, and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
4
, 13. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within two (2) years of
6 the final discretionary approval, including the discretionary approvals of the
California Coastal Commission or other agencies.
7
Engineering8
9 14. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the hauler shall apply for and obtain approval from, the city engineer
for the proposed haul route.
15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
12 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
13 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
14 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
,, stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
16 16. Developer shall complete and submit to the city engineer a Project Threat Assessment
17 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
18 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
, Q the completed PTAF.
20 17. This project is subject to'Priority Development Project'requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP) to demonstrate how this
21 project meets new/current storm water treatment requirements per the city's Standard
Urban Storm Water Management Plan (SUSMP), latest version. In addition to new
22 treatment 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, etc) are drained through landscaped (pervious) areas prior to discharge.
24 18. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
25 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-
26 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 onsite infiltration and evaporation of run-off.
28 19. 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,
PCRESONO. 6819 -9-
treatment control BMP, applicable hydromodification measures, and Low Impact Design
2 I (LID) facilities.
3 20. Developer shall submit documentation demonstrating how this project complies with
Interim Hydromodification requirements per the city's SUSMP, latest version.
4 Documentation shall be included within the Storm Water Management Plan (SWMP).
21. Developer shall provide all-weather maintenance access roads to the public drainage
r facilities (e.g.: headwalls, rip-rap field, etc.) for this project. Where maintenance access
roads are not practical and/or permitted, Developer shall incorporate low-maintenance
7 design features.
8 Code Reminders:
9 22. 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.
12 23. 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
13 permit issuance, except as otherwise specifically provided herein.
24. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
16 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
17 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,
1 8 to wit:
19 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
20 Scully, Schumacher and Siekmann
NOES:21
22 ABSENT:
23
24
25 CARLSBAD PLANNING COMMISSION
STEPHEN "HAP" L'HEUREUX, Chairperson
26 ATTEST:
2?"
28 ii
DON NEU
Planning Director
PCRESONO. 6819 -10-