HomeMy WebLinkAbout2013-01-30; Planning Commission; Resolution 6940
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT FOR A POST EMERGENCY
COASTAL DEVELOPMENT PERMIT APPROVAL TO: 1)
INSTALL APPROXIMATELY 65 LINEAL FEET OF 14-INCH
SEWER FORCE MAIN PIPE BELOW GRADE; 2) INSTALL A MANIFOLD SYSTEM INCLUDING VALVES AND APPURTENANCES ABOVE GRADE; AND 3) ABANDON IN
PLACE APPROXIMATELY 50 LINEAL FEET OF 14-INCH
SEWER FORCE MAIN PIPE BELOW GRADE AT THE
NORTH BATIQUITOS SEWER LIFT STATION (NBSLS), LOCATED AT 7382 GABBIANO LANE, ON THE NORTH SIDE OF BATIQUITOS LAGOON, IN THE EAST
BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT OF
THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 19. CASE NAME: NORTH BATIQUITOS SEWER LIFT STATION FORCE MAIN REPAIR
CASE NO: CDP 12-25
WHEREAS, the City of Carlsbad, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,”
described as
Lot 1 of Map No. 12967 accepted for recordation at the Office of the County Recorder of San Diego County on September 16, 1992, and also described as Assessor’s Parcel Number 215-801-
28-00
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “C” dated January 30, 2012, attached hereto
and on file in the Carlsbad Planning Division, NORTH BATIQUITOS LAGOON SEWER
LIFT STATION FORCE MAIN REPAIR – CDP 12-25, as provided in Chapter 21.81.040 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 30, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 6940
PC RESO NO. 6940 -2-
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES NORTH BATIQUITOS SEWER LIFT STATION FORCE MAIN REPAIR – CDP 12-25, based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the replacement of a segment of sewer force main and above-ground structures are located away from the lagoon and will not obstruct views of the coastline or Batiquitos Lagoon as seen from public lands or the
public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
Therefore, the visual beauty and coastal resources within the coastal zone will not diminish with the proposed sewer force main repair project.
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. The project will not
place any new above ground structures within the limits of the identified 100-year flood hazard areas. 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 flood flows will result from implementation of the project.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the majority of the 1.8 mile trail, along the north shore of Batiquitos Lagoon, remained open to the public during the sewage repair work. However, out of concern for public safety, a small section of the western most trail was closed briefly to the public while heavy equipment was brought in to stop the
sewage spill. The entire length of trail has since been reopened for pedestrian use
and no structures were installed that would block or impede public access.
3. 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 will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
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 where repairs occurred and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction. The project will adhere to the City's
PC RESO NO. 6940 -3-
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Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban run-off, pollutants and
soil erosion. The zone is intended to protect sensitive resources. It requires preservation of steep slopes with vegetation (dual-criteria slopes) with some exceptions. No development is proposed in areas of steep coastal bluffs.
The project will help reduce the likelihood spills will occur in the future by
providing redundancy and flexibility to the operation of the station. The new above ground pipeline manifold provides the option to pump into either of the two force mains and also provides above ground bypass connections which would allow for installation and operation of portable temporary pump system for emergency and
maintenance applications. The underground ductile iron pipeline which failed was
replaced with polyvinyl chloride (PVC) pipeline. PVC pipeline has superior resistance to the corrosive environment of wastewater and local soils.
There are no prime agricultural lands near the site. Construction of the project did
not directly or indirectly impact local wildlife movement or migratory fish or
wildlife movement because the project is mostly underground and within the NBSLS boundaries. However, temporary impacts to upper coastal salt marsh vegetation were necessary to provide direct access to various manholes and for staging of vehicles and equipment during emergency response efforts. The city is
proposing permanent impacts to accommodate future access to a manhole that was
previously surrounded by dense vegetation. Emergency response efforts resulted in temporary impacts to upper coastal salt march (0.026 acre) and coyote brush scrub (0.030 acre) and approximately 0.003 acre of proposed permanent impacts to coyote brush scrub vegetation. Project impacts will be mitigated as stated in Condition # 4
below.
4. 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 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.
Conditions:
General
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
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.
PC RESO NO. 6940 -4-
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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
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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. This approval is granted subject to the approval of HMP 13-01 and is subject to all conditions contained in Planning Commission Resolution No. 6944 for that other
approval incorporated herein by reference.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36,” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
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NOTICE
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (I 0) calendar days of the date of the
Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on January 30, 2013, by the following
vote, to wit:
AYES: Chairperson Siekmann, Commissioner Arnold, Black, L'Heureux,
·Montgomery, Schumacher, and Scully
NOES:
ABSENT:
ABSTAIN:
Jv J! ; tlMY\WMNL ~' ~/ij. SIEANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNED
City Planner
PC RESO NO. 6940 -5-