HomeMy WebLinkAbout2013-11-06; Planning Commission; Resolution 7019
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A COASTAL
DEVELOPMENT PERMIT FOR THE DESALINATION PLANT PROJECT TO
SHIFT THE PREVIOUSLY APPROVED LOCATION OF THE 54-INCH
DIAMETER PIPELINE APPROXIMATELY 600 FEET TO THE SOUTH OF THE
INTERSECTION OF FARADAY AVENUE AND CANNON ROAD AND
CONSTRUCT ANCILLARY FACILITIES EAST OF FARADAY AVENUE, WITHIN
THE CITY’S FUTURE VETERANS MEMORIAL PARK, IN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: DESALINATION PROJECT CHANGES
CASE NO: CDP 04-41(A)
WHEREAS, San Diego County Water Authority, “Developer” has filed a verified
application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,”
described as
Properties and right-of-way generally located within a portion of
Macario Canyon, Veterans Memorial Park and right-of-way of Faraday
Avenue identified by Assessor’s Parcel Numbers 212-010-05 and 212-
010-15
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit to realign a section of pipeline and construct ancillary facilities as shown on Exhibits “A” – “W”
dated November 6, 2013, attached hereto and on file in the Carlsbad Planning Division, DESALINATION
PROJECT CHANGES – CDP 04-41(A), as provided in Chapter 21.81.040 of the Carlsbad Municipal Code;
and
WHEREAS, CDP 04-41(A) applies only to project components proposed in the Mello II
segment of the city’s Local Coastal Program and not to pipelines proposed in the Agua Hedionda Lagoon
segment; and
WHEREAS, the Planning Commission did, on November 6, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7019
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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 Amendment.
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
DESALINATION PROJECT CHANGES – CDP 04-41(A) based on the following findings and
subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned, herein, is in conformance with
the Elements of the city’s General Plan based on the facts set forth in the staff report November
6, 2013, including, but not limited to, in that the installation of a pipeline is consistent with the
Land Use Element of the General Plan in that the pipeline and appurtenances is allowed in all
General Plan land use designations and is consistent with, or otherwise implements, the
following General Plan policies, goals, and action programs:
a. Land Use, Overall Land Use Pattern, Implementing Policies and Action Programs C.1:
“Arrange land uses so that they preserve community identity and are orderly, functionally
efficient, healthful, convenient to the public, and aesthetically pleasing.” Relocating the
pipe from underneath Cannon Road bridge to underneath Macario Canyon via a
subsurface pipeline and easement is more aesthetically pleasing and will preserve the
community character and view of the Agua Hedionda Lagoon.
b. Circulation, Streets and Traffic Control, Implementing Policies and Action Programs, C.8:
“Provide for the safe movement of traffic and pedestrians around all road and utility
construction projects.” A traffic control plan has been prepared for the proposed project
and is part of the plan set.
c. Open Space & Conservation, Special Resource Protection, Goal A.1: “A city that protects
environmentally sensitive land and buffer areas.” The pipeline will be installed via a
trenchless method through Macario Canyon preserve and therefore no impacts to
environmentally sensitive land will occur.
d. Public Safety, Crime Hazards, Goal A.: “A City which minimizes injury, loss of life, and
damage to property resulting from crime.” The pipeline, if installed as previously
approved, could be subject to vandalism, which could result in disruption to the water
flow and injury to people and/or property. By locating the pipeline underground this will
eliminate the possible damage resulting from vandalism.
2. That the proposed development is in conformance with the Mello II Certified Local 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. Policy 3-1 – Carlsbad Habitat Management Plan, which states: “The Carlsbad Habitat
Management Plan is a comprehensive, citywide program to identify how the city, in
cooperation with federal and state agencies, can preserve the diversity of habitat and
protect sensitive biological resources within the city and the Coastal zone.” The revised
project as proposed will not impact any sensitive habitat.
b. Policy 3-5 – Kelly Ranch/Macario Canyon Area, which states: “The facilities shall be
located on the least environmentally sensitive portion of the site and within non-native
grassland and/or disturbed agricultural area to the maximum extent possible… .” The
pipeline will be installed via a trenchless method. No surface impacts will occur during the
installation and maintenance of the pipeline as the pipe would be located between 20- to
70- feet below grade. The tunnel pit and ancillary facilities, proposed within the future
Veterans Memorial park, is not located within environmentally sensitive habitat;
therefore, no impact will occur to any sensitive habitat.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project pipeline will be installed underground via a trenchless method
and therefore will not impact environmentally sensitive habitat or scenic and visual resources.
Furthermore, the project is subject to the Mitigation and Monitoring Program for EIR 03-05,
which provides mitigation to assure consistency with Local Coastal Program policies regarding
environmentally sensitive habitats, cultural and water quality.
4. 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. A Grading Permit is not required.
The pipeline through Macario Canyon preserve will be installed via a trenchless method. The
tunnel pit and ancillary facilities will not be located within environmentally sensitive habitat.
The site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
Furthermore, the project is consistent with the provisions of the Open Space (O-S) Zone
(Chapter 21.33 of the Zoning Ordinance) and Other Roadways, which permit public utility
facilities, including below grade infrastructure improvements. There are no setback
requirements or building placement requirements/restrictions that apply to the project. The
pipeline will be installed below grade. The only above grade structures are for the ancillary
facilities (i.e. air vents, air release valve and vault). No structure would be taller than 4 feet.
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 and all city public facility policies and ordinances in that the
original approval of the desalination plant was found consistent with the Local Facilities
Management Plans in that the proposal does not change the plant’s capacity or operational
characteristics, the proposed changes would be consistent with the Growth Management Plan
and a reevaluation of compliance between the proposed project and Growth Management is
unnecessary. Furthermore, the proposed pipeline amendment does 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 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a right-
of-way permit.
1. Developer shall implement, or cause the implementation of the Precise Development Plan and
Desalination Plant Mitigation Monitoring and Reporting Program adopted by City Council
Resolution 2006-156.
2. 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 Amendment other than those described in the Development Agreement
(DA 05-01).
3. 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of permit issuance and consistent with the Development
Agreement (DA 05-01).
5. 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 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.
6. 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.
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7. 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).
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of a right-of-way permit.
9. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer’s successor(s) in
interest shall pay the fee prior to the issuance of a right-of-way permit. If the In-lieu Mitigation
Fee for this project is not paid, this project will not be consistent with the Habitat Management
Plan and the General Plan and any and all approvals for this project shall become null and void.
10. This approval is granted subject to the approval of Environmental Impact Report Addendum (EIR
03-05[B]), and is subject to all conditions contained in Planning Commission Resolutions No.
6093, 6634 and 6636 for those other approvals incorporated herein by reference .
11. This approval shall become null and void if a right-of-way permit is not issued for this project
within 24 months from the date of project approval.
12. Developer shall submit and obtain Parks and Recreation Director approval of a Final
Landscape Plan, including the hydro-seed mix, and Irrigation Plan showing conformance with
the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall
construct and install all landscaping and irrigation as shown on the approved Final Plans, and
provide a 120-day guarantee from the date of the Parks and Recreation Department’s
acceptance of satisfactory installation of the improvements.
Parks and Recreation
13. Developer is responsible for paying for all installation costs and connection fees and installing
all water mainline, water meter, and irrigation system to support the landscaping as well as
the decorative screen fence to screen the pad and above ground equipment at the vault pit.
Parks and Recreation Department will assume ongoing water costs and maintenance of the
subject fencing, gate, landscaping, and irrigation, upon acceptance of satisfactory installation
of the improvements.
Engineering
14. Prior to construction, Developer shall apply for and obtain approval from the city for a right-of-
way permit for work within city-owned property and/or right-of-way.
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15. Prior to issuance of right-of-way permit, Developer shall obtain all necessary easements from
the city, as shown on the plans, subject to approval of the Public Works Director and Parks
and Recreation Director and in a form acceptable to the City Attorney’s office.
16. SDCWA shall grant the City of Carlsbad and its agents the right to enter the subject easement
at any time for the purpose of maintaining/refurbishing any or all of the
landscaping/irrigation/fencing improvements installed along the perimeter of the easement.
SDCWA shall be responsible for maintenance of the conveyance pipeline, concrete pad and
appurtenances.
17. In accordance Order No. 2009-0009, Developer shall amend the existing Storm Water Pollution
Prevention Plan that covers the construction activities proposed by this project. Developer shall
provide copies of the updated SWPPP to the city prior to issuance of a right-of-way permit.
18. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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 runoff during
construction, general housekeeping practices, pollution prevention and 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. Developer shall notify prospective owners and tenants of the
above requirements.
19. Developer shall obtain all other necessary easements from adjacent property owners related to
the construction of this project.
20. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving) and 2) designing drainage from impervious surfaces to discharge over pervious areas
(e.g.: turf, landscape areas), all to the satisfaction of the city engineer.
Public Works
21. Developer shall replace all median hardscape, landscape and irrigation removed to construct
project to satisfaction of Public Works Director and Parks and Recreation Director.
22. Prior to issuance of right-of-way permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
23. Prior to issuance of right-of-way permits, the developer shall design landscape and irrigation
plans utilizing recycled water as a source and prepare and submit a colored recycled water use
map to the Planning Division for processing and approval by the district engineer. The
applicability of this condition is contingent upon the California Department of Public Health
(DPH) review and approval of the use of recycled water in proximity to a potable water pipeline.
In the absence of DPH approval of the use of recycled water, the developer shall design the
landscape and irrigation plans utilizing potable water.
. . .
. . .
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Transportation
24. Prior to issuance of right-of-way permit, Developer shall submit a Traffic Control Plan
maintaining parking and pedestrian access to the golf course and Veterans Memorial park
trailhead on Faraday Avenue to the satisfaction of the Public Works Director and Parks and
Recreation Director.
NOTICE TO APPLICANT
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 (10) 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.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on November 6, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux,
Schumacher, Scully and Segall
~ KA"s~~
I
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
14 City Planner
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