Loading...
HomeMy WebLinkAbout2014-07-16; Planning Commission; Resolution 7062 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE INSTALLATION OF A RECYCLED WATER PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY ON THE EAST SIDE OF EL CAMINO REAL, BETWEEN ALGA ROAD AND LA COSTA AVENUE IN THE EAST BATIQUITOS LAGOON/HUNT PROPERTIES AND MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RECYCLED WATER PIPELINE CASE NO: CDP 13-09 WHEREAS, the Carlsbad Municipal Water District, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as Public right-of-way on the east side of El Camino Real, generally located between Alga Road and La Costa Avenue (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A – V” dated July 16, 2014, attached hereto and on file in the Carlsbad Planning Division, LA COSTA RECYCLED WATER PIPELINE – CDP 13-09, as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 16, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 LA COSTA RECYCLED WATER PIPELINE – CDP 13-09, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7062 PC RESO NO. 7062 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. The City Planner has determined that: a. this project is a sub-component of the Phase III Recycled Water Project for which a Mitigated Negative Declaration was previously adopted by the Board of Directors of the Carlsbad Municipal Water District (CMWD) on November 27, 2012; b. this project is a sub-component of and consistent with the Phase III Recycled Water Project cited above; c. Mitigated Negative Declaration EIA 12-02 was adopted in connection with the prior Phase III Recycled Water Project; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. 2. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Mitigated Negative Declaration EIA 12-02 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. That the proposed development is in conformance with the Batiquitos Lagoon/Hunt Properties and Mello II Certified Local Coastal Programs and all applicable policies in that the project site is located within the approximately 5,200 feet of street right-of-way on the east side of El Camino Real, generally located between Alga Road and La Costa Avenue. The majority of the recycled water pipeline will be installed underground in the road right-of-way and approximately 220 feet of pipeline will be suspended by pipe support brackets on the east side of the bridge over San Marcos Creek. There will be no project impacts to the Batiquitos Lagoon or wetlands within the creek, and the project will not result in any increase of impervious surfaces within the public right-of-way. The project will not obstruct views of the coastline or lagoon as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. There are no agricultural uses on the site or within the vicinity of the project. The proposed project is not located in an area of known geologic instability. The project will not place any 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. 4. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there are no opportunities for access to the coast or Batiquitos Lagoon from the project area and there are no existing coastal access areas or water-oriented recreational activities near the project area. 5. 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 and the site is not located in an area prone to landslides, or PC RESO NO. 7062 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 susceptible to accelerated erosion or liquefaction. A portion of the project is located within a Special Flood Hazard overlay zone. However, the project does not include any structures, it will not alter the existing landform or watercourse, and it will not reduce the flood-carrying capacity of the site. 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: General NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit or building permit whichever comes first. 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. 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. 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. 5. Developer shall implement, or cause the implementation of, the Phase III Recycled Water Project Mitigation Measures and Mitigation Monitoring and Reporting Program. 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 PC RESO NO. 7062 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7. 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 approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 8. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems in to floodwaters. Engineering: 9. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 10. 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. 11. Developer is responsible to ensure that all final design plans incorporate source control, site design and Low Impact Design (LID) facilities. Code Reminder: 12. 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. 13. 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 permit issuance, except as otherwise specifically provided herein. . . . . . . . . . . . . . . .