HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 6820PLANNING COMMISSION RESOLUTION NO. 6820
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 10-17 FOR PIPING WITHIN
4 THE PUBLIC RIGHT-OF-WAY ON A PORTION OF AVENIDA
ENCINAS SOUTH OF CANNON ROAD TO THE ENCINA
WATER POLLUTION CONTROL FACILITY (EWPCF) IN
6 LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22.
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
7 FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT PROJECT
8 CASE NO.: CDP 10-17
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WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified
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application with the City of Carlsbad Housing and Redevelopment Commission regarding
, ~ property described as
13 Public right-of-way on a portion of Avenida Encinas just south
of Cannon Road to the Encina Wastewater Pollution Control
14 Facility, south of Palomar Airport Road
15 ("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Coastal
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Development Permit for pipelines south of Cannon Road as shown on Exhibits "A" - "Y" dated
JQ October 5, 2011, and as shown and described in the Mitigated Negative Declaration (MND) and
20 Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department,
21 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER
22 REPLACEMENT PROJECT - CDP 10-17, as provided by Chapter 21.201.040 of the
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Carlsbad Municipal Code; and
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WHEREAS, CDP 10-17 applies only to those pipelines proposed in the Mello II
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26 segment of the City's Local Coastal Program and not to the sewer lift station structures, pipe
27 support bridge, or pipelines proposed in the Agua Hedionda Lagoon segment, located north of
28 Cannon Road; and
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; and4
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
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Housing and Redevelopment Commission continued the public hearing to a date certain, in
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order for staff to fully respond to written and oral testimony received concerning the
12 project and the environmental analysis; and
13 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
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testimony; and
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WHEREAS, the City Council and Housing and Redevelopment Commission18
I.Q 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
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Commission; and
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WHEREAS, the Planning Commission did, on October 5, 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
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the CDP.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 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 Commission
9 APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN
AND GRAVITY SEWER REPLACEMENT PROJECT - CDP 10-17 based
10 on the following findings and subject to the following conditions:
Findings;
12 1. That the proposed development is in conformance with the Mello II Certified Local
13 Coastal Program and all applicable policies in that the proposed project is consistent
with, or otherwise implements, the following Mello II LCP policies:
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a. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements.
The project complies because all work in this area will be within the public
15 right-of-way and will be repaved to eliminate the possibility of erosion. Also
grading will not occur during the rainy season unless sufficient erosion
17 control measures have been included in the project construction program.
b. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project
complies because no portion of the project is being developed on steep slopes
as identified in the LCP. The project also complies because the project will
incorporate BMPs and submit a water quality technical report as specified in
20 the National Pollutant Discharge Elimination System (NPDES) permit and in
the Standard Urban Storm Water Mitigation Plan (SUSMP). In addition,
the city will include requirements in the CDP approval to allow inspection
and maintenance of the BMPs, and the project minimizes land disturbance
activities during construction (e.g., clearing, grading and cut-and-fill). BMPs
23 are also proposed to treat site runoff following construction of the SLS.
c. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project
24 complies because it will riot remove any natural vegetation within this
segment of the project.
25 d. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project
complies because onsite erosion will be avoided as a result of the use of silt
fences, sandbags and straw mulch rolls being placed around excavated
27 trench spoils during the construction period. Furthermore, all storm drains
and natural drainages situated downstream from the construction will be
2° protected by linear sediment barriers or similar erosion control devices.
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e. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project
2 complies because sediment control will be provided through the use of silt
fences, sandbags and straw mulch rolls being placed around excavated
3 trench spoils during the construction period. Furthermore, all storm drains
and natural drainages situated downstream from the construction will be
^ protected by linear sediment barriers or similar erosion control devices.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
6 of the Coastal Act in that the pipelines will be installed underground and, therefore,
will not impact public access opportunities nor recreational resources.
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3. That 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
9 incorporates measures to adhere to the City's Master Drainage Plan, Grading
Ordinance, Storm Water Ordinance, SUSMP and the Jurisdictional Urban Runoff
10 Management Program (JURMP) to avoid increased urban runoff, pollutants, and
soil erosion. Further, steep slopes with native vegetation will not be impacted since
pipelines are proposed for city rights-of-way without sensitive habitat, or via
j2 trenchless drilling construction methods as outlined in the Project's MND. Finally,
the project complies with Coastal Resource Protection Overlay Zone standards
13 regarding development in liquefaction-prone areas as the project's Mitigation
Monitoring and Reporting Program includes a mitigation measure to address
14 potential settlement due to seismically-induced liquefaction or later spread.
4. The Planning Commission finds that the project, as conditioned herein, is in
16 conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated October 5, 2011, including, but not limited to the Land Use
17 Element of the General Plan in that installation of sewer pipelines is allowed in all
General Plan land use designations.18
19 5. 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
20 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
22 include residential, commercial or industrial land uses, and does not include any
components that would result in an increase in population or any public facility or
23 infrastructure demand. Specifically, the proposed pipelines do not generate any
facility plan improvement requirements or funding.
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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
26 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.
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Conditions;
2 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
3 of a Notice to Proceed or commencement of construction, whichever occurs first.
4 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
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
7 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
° 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.
10 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
11 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
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of the issuance of a Notice to Proceed or
commencement of construction, whichever occurs first.15
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
17 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
. „ all requirements of law.
20 5. 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
21 144(C), RP 10-26, HDP 10-05, SUP 10-02 and BMP 05-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819,
6821, 6822 and 6823 for those other approvals incorporated herein by reference.
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6. Approval is granted for Coastal Development Permit 10-17 as shown and described in
24 the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP) on file in the Planning Department and incorporated
25 herein by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
27 7. Developer shall implement, or cause the implementation of, the MND and Project
MMRP.
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8. This approval shall become null and void if the Notice to Proceed is not issued or
2 commencement of construction does not occur for this project within two (2) years of
the final discretionary approval, including the discretionary approvals of the
3 California Coastal Commission or other agencies.
9. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
6 10. 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).
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Code Reminders;
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11. Developer shall exercise special care during the construction phase of this project to
10 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
1 of the City Engineer.
12 12. Approval of this request shall not excuse compliance with all applicable sections of the
13 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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,16
j 7 to wit:
18 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
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2Q NOES:
21 ABSENT:
22 ABSTAIN:
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STlpRE^fsHAP""LT^EtJREUX, Chairperson
25 CARLSBAD PLANNING COMMISSION
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28 DON NEU
Planning Director
PCRESONO. 6820 -6-