HomeMy WebLinkAbout2015-02-04; Planning Commission; Resolution 7084
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT AND COASTAL DEVELOPMENT PERMIT AMENDMENT FOR
THE CARLSBAD WATER RECYCLING FACILITY PHASE III EXPANSION ON
PROPERTY GENERALLY LOCATED AT 6220 AVENIDA ENCINAS IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: CARLSBAD WATER RECYCLING FACILITY
CASE NO.: CUP 99-23(A)/CDP 99-45(A)
WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by City of Carlsbad, “Owner,” described
in Exhibit “A” (“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Amendment and Coastal Development Permit Amendment as shown on Exhibits “A” – “K” dated February
4, 2015, on file in the Planning Division, CUP 99-23(A)/CDP 99-45(A) – CARLSBAD WATER RECYCLING
FACILITY, as provided by Chapter 21.42 and 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on February 4, 2015, 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 Conditional Use Permit Amendment and Coastal Development Permit Amendment; and
WHEREAS, on August 15, 2001, the Planning Commission approved CUP 99-23 and CDP
99-45, as described and conditioned in Planning Commission Resolution Nos. 5307 and 5308; and
WHEREAS, on November 27, 2012, the Board of Directors of the Carlsbad Municipal
Water District adopted Resolution No. 1455, adopting the Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program (MMRP) for the Phase III Recycled Water Project which
includes the CWRF expansion as one of the project components; and
WHEREAS, State Water Resources Control Board (SWRCB) has approved the CEQA Plus
Environmental Compliance Document as described and conditioned in the agreement between CMWD
PLANNING COMMISSION RESOLUTION NO. 7084
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and the SWRCB for funding the City’s Phase III Recycled Water Project through the Clean Water State
Revolving Fund (CWSRF) program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES CUP 99-23(A)/CDP 99-45(A) – CARLSBAD WATER RECYCLING FACILITY, based
on the following findings and subject to the following conditions:
Findings:
1. The City Planner has determined that:
a. the project is a subsequent activity of the Phase III Recycled Water Project for which a
Mitigated Negative Declaration was previously adopted [15162].
b. this project is consistent with the project cited above;
c. Mitigated Negative Declaration was adopted in connection with the Phase III Recycled
Water Project;
d. the project has no new significant environmental effect not analyzed as significant in the
prior Mitigated Negative Declaration;
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under
CEQA Guidelines Sections 15162 or 15163 exist; and
f. the project is described in the CEQA Plus Environmental Compliance document that was
approved by the State Water Resources Control Board which requires the City to obtain
approval of a Coastal Development Permit (CDP) for any project component which is
located in the coastal zone, to submit a copy of any approved CDP to the SWCRB prior
to construction, and to comply with the conditions identified therein.
Conditional Use Permit Amendment
2. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed expansion is
designed to increase the recycled water production capacity of the existing Carlsbad Water
Recycling Facility by an additional 4.0 MGD of non-potable water for use by residents of the city
and within the region, thus reducing dependence on imported potable water; it will continue
to operate in in conjunction with the existing Encina Water Pollution Control Facility; and it will
not generate any unusual noise levels or odors.
. . .
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3. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the CWRF is adjacent to the 40 MGD
Encina Water Pollution Control Facility (EWPCF) and is designed to treat secondary clarified
effluent from the EWPCF and to produce disinfected tertiary recycled water that meets Title 22
of the California Administrative Code for “unrestricted non-potable reuse”. The CWRF was
master planned to be expanded up to a capacity of 16 MGD and the Phase III project will expand
the CWRF from its current capacity of 4.0 MGD to a total capacity of 8.0 MGD in accordance
with the CMWD 2012 Recycled Water Master Plan.
4. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the proposed expansion area was identified on the site plan for the CWRF and there is
sufficient space and infrastructure in place to accommodate the expansion. The proposed
expansion will not encroach into any setbacks, on-site circulation or parking areas, or landscape
areas and no site alterations or additional amenities are required. The existing facility, as well
as the proposed expansion, is fully automated and there are no employees based at this facility.
The existing parking lot has 14 parking spaces and one bus loading/unloading area which is used
for guests who are taken on guided tours of the facility.
5. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed expansion is not expected to result in an
increase in the 87 ADT generated by the existing CWRF. The existing traffic is easily
accommodated on Avenida Encinas, a secondary arterial, which is currently operating at an
acceptable level of service.
Coastal Development Permit Amendment
6. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the proposed expansion will not obstruct views of the coastline
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. The project site is located east of the railroad tracks, about ¼ mile from the
coastline, and there are no opportunities for access to the coast from the project area. The
original coastal development permit for the CWRF identified the site as “non-prime agricultural
land” which allows conversion to urban uses by participation in the Agricultural Conversion
Mitigation program. The city’s records confirm that the fee has been paid for the project site
and no additional fees are required because the proposed expansion will be contained within
the original project area and there are no agricultural uses on the site or within the vicinity of
the project area.
7. 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
susceptible to accelerated erosion, floods, or liquefaction.
. . .
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General
8. 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 dated
February 4, 2015 including, but not limited to the following:
a) Land Use – The project will ensure the provision of recycled water service into the future to
meet the projected recycled water needs.
b) Open Space & Conservation – The project will help to conserve potable water by ensuring
that recycled water is available for landscape irrigation which will offset the reliance on
potable water.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 and all City public facility policies and ordinances. The project will
provide an additional 4.0 MGD of disinfected tertiary recycled water for use by residents of the
city and within the region.
10. 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 approval of a grading
permit or a building permit, whichever occurs 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 Conditional Use Permit
Amendment and Coastal Development Permit Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit Amendment and Coastal Development Permit
Amendment 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.
. . .
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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 incorporate all applicable Project Design and Construction Features,
listed at the end of the Mitigation Monitoring and Reporting Program for the Phase III Recycled
Water Project Mitigated Negative Declaration. A note to this effect shall be placed on the plans
and the Project Design and Construction Features shall be included in the construction
specifications.
6. The Developer shall submit a copy of this approved Coastal Development Permit to the SWCRB
prior to construction and shall comply with the conditions identified herein.
7. 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 Conditional Use Permit Amendment and Coastal
Development Permit Amendment, (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.
8. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of Site Plan
reflecting the conditions approved by the final decision-making body.
9. 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).
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use
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Permit Amendment and Coastal Development Permit Amendment by Resolution No. 7084 on
the property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
14. This Conditional Use Permit Amendment shall be reviewed by the City Planner annually to
determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health, safety and general
welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud
or misrepresentation; or 2) the use for which such approval was granted is not being exercised;
or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the
terms or conditions of approval or the conditions of approval have not been met; or 4) the use for
which such approval was granted has ceased to exist or has been suspended for one year or more;
or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted
by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public
health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that
the Planning Commission hold a public hearing and after providing the permittee the opportunity
to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
15. This Conditional Use Permit Amendment is granted without an expiration date. This permit may
be revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions
imposed herein have not been met.
16. This resolution supersedes all conditions contained in Planning Commission Resolutions 5037
and 5038 for CUP 99-23 and CDP 99-45, respectively, which have been satisfied, except that the
Carlsbad Water Recycling Facility Site Plan (Fig 1) which depicts the location of future
improvements shall remain in effect. Any future expansion of the CWRF shall require approval
of an amendment to CUP 99-23(A)/CDP 99-45(A).
Engineering
17. 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.
Grading
18. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, and likely affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
19. 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
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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.
20. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
21. 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, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
22. 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), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to
the satisfaction of the city engineer.
Utilities
23. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
Code Reminders
24. 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.
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EXHIBIT A
Encina South Parcel
500 250 0 500
Feet