HomeMy WebLinkAbout2016-03-16; Planning Commission; Resolution 7149
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
CDP 14-06 AND A CONDITIONAL USE PERMIT CUP 15-08 TO INSTALL A
SEWER PIPELINE AND APPURTENANCES ON PROPERTY GENERALLY
LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY ON PALOMAR AIRPORT
ROAD FROM EL CAMINO REAL, WEST TO PASEO DEL NORTE, AND
CONTINUING SOUTH ON PASEO DEL NORTE FOR APPROXIMATELY 1,200
FEET WITHIN LOCAL FACILITIES MANAGEMENT ZONES 3, 5 AND 13.
CASE NAME: BUENA OUTFALL FORCE MAIN PHASE III
CASE NO: CDP 14-06/CUP 15-08
WHEREAS, Buena Sanitation District, “Developer,” has filed a verified application with
the City of Carlsbad regarding property described as
A portion of property identified by Assessor’s Parcel Number 209-050-
25, 211-040-27, 212-092-21 and 213-020-18 and generally located
within the public rights-of-way on Palomar Airport Road from El Camino
Real, west to Paseo del Norte, and continuing south on Paseo del Norte
for approximately 1,200 and on file in the Planning Division
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit and Conditional Use Permit as shown on Exhibits "A” – “MM” dated March 16, 2016, attached
hereto and on file in the Carlsbad Planning Division, CDP 14-06/CUP 15-08 – BUENA OUTFALL FORCE
MAIN PHASE III, as provided in Chapters 21.42 and 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 16, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request;
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 and Conditional Use 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
CDP 14-06/CUP 15-08 – BUENA OUTFALL FORCE MAIN PHASE III, based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7149
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Findings:
CDP 14-06
1. That the proposed development is in conformance with the 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:
a. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project
complies because most of the work will be within the public rights-of-way and will be
repaved to eliminate the possibility of erosion. Also grading will not occur during the
rainy season unless sufficient erosion 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 Storm
Water Pollution Protection Plan (SWPPP) to insure proper storm water quality measures
during construction such as installation of gravel bags, silt fences, straw wattles,
equipment drip pans, ‘porta-potty’ containment pans, trash cans etc.
c. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies
because it will not remove any natural vegetation with the project.
d. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices and Policy 4-6 Sediment
Control Practices. The project complies because onsite erosion will be avoided and
sediment controlled through the use of silt fences, sandbags and straw mulch rolls being
placed around excavated 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 of the
Coastal Act in that the proposed sewer pipeline will been installed underground and, therefore,
will not impact public access opportunities nor recreational resources. The three above grade
odor control facilities are small in size, with the two largest being 8 feet 8 inches high, and
approximately 263 square feet in size and will not obstruct views of the coastline as seen from
public lands or the public right-of-way; therefore, the visual beauty of the coastal zone will not
diminish, nor will there be any impacts to coastal resources or public access. No agricultural
uses currently exist on the site; however, agricultural uses are located adjacent to it. The project
will not impact agricultural uses as most of the work will be completed at night. The project is
not located in an area of known geologic instability.
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 Runoff Management Program (JRMP) 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.
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3, 5 and 13 and all City public facility policies and ordinances. The
sewer pipeline and appurtenances will provide additional sewer capacity to allow future projected
flows from previously approved and existing land use densities consistent with the city’s Growth
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Management Plan. The proposed project is intended to improve and enhance capacity and non-
capacity-related facilities (e.g., odor control facilities) that are necessary to ensure safe and
reliable operation of the existing sewer system.
Furthermore, project operations will not result in any increased traffic and will thus not result in
any substantial deterioration of the public roadway system, nor generate a need for other
governmental services, such as emergency services. The sewer main and appurtenances are
designed of a size adequate to convey the future anticipated build-out demand of the service area
for the District.
5. 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.
CUP 15-08
6. 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 , in that the proposed sewer
main and appurtenances are needed to ensure adequate provision of sewer service into the
future and will protect the quality of the sensitive habitat in the area by relocating the sewer
line into the public right-of-way and out of the habitat preserve.
7. 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 existing sewer line is located within
a habitat preserve and has been in operation in the area for the past 50 years and has not been
detrimental to the existing uses or uses specifically permitted in the zone. The sewer main is
below grade and will not impact any of the surrounding uses. The three above grade odor
control facilities will be strategically placed along the alignment to blend in with the
surrounding area.
8. 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 sewer main and appurtenances are proposed in the public rights-of-way,
Commercial–Tourist–Qualified Development Overlay (C-T-Q) zone and Open Space (O-S) zone,
which contains only one specific development standard, a 25-foot (O-S) and a 35-foot (C-T-Q)
maximum building height. The tallest of the above-grade structures will be no more than 8 feet
8 inches, and the remaining structures will be below grade. Furthermore, project components
located within the Industrial (M) zone will be below grade and therefore will not impact other
uses in the in the area.
9. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will require service by one maintenance
vehicle once every three months.
10. That the project is consistent with the McClellan-Palomar Airport Land Use Compatibility Plan
(ALUCP) as amended December 1, 2011 in that the project is consistent with the applicable goals
and policies of the city’s General Plan. The project will be located in the public rights-of-way,
Commercial–Tourist–Qualified Development Overlay (C-T-Q) zone, Industrial (M) zone and
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Open Space (O-S) zone, which allows the construction of public facilities and structures subject
to the approval of a Conditional Use Permit (CUP) in the OS.
The project also is consistent with the Federal Aviation Regulations (FAR) Part 77 Guidelines,
which determines if structures will affect navigable airspace. The tallest permanent structure
would be the odor control facilities at 8 feet 8 inches; however, the temporary construction
equipment would need a Part 77 determination. A Part 77 form was completed for the
construction equipment. The FAA made a Determination of “No Hazard to Air Navigation”
(Aeronautical Study No. 2014-AWP-5756-OE dated October 6, 2014). However the
determination expired on April 6, 2015. A new determination will need to be made prior to the
start of construction.
11. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan, in that construction of public facilities are allowed within
the public rights-of-way, Commercial–Tourist–Qualified Development Overlay (C-T-Q) zone
(Motel 6) and in the Open Space (O-S) zone subject to the approval of a Conditional Use Permit
(CUP) and will not affect navigable airspace.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice
to Proceed or commencement of construction, 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 Coastal Development Permit
and Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Conditional Use 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.
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5. Developer shall implement, or cause the implementation of, the Buena Outfall Force Main Phase
III Project Mitigation Monitoring and Reporting Program and shall comply with all applicable
Project Design Features and Standard Conditions of Approval listed in Appendix A of the Final
MND.
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 and Conditional Use
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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3, 5 and 13 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
8. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and is subject to all conditions contained in
Planning Commission Resolution No. 7148 for the other approval incorporated herein by
reference.
9. The two active odor control facilities (#1 and #2) shall be constructed with colored concrete blocks
that blend in with the surrounding areas to the satisfaction of the City Planner. The passive odor
control facility #3 shall be painted to blend in with the adjacent vegetation.
10. Construction equipment and vehicles that require back-up alarms will be equipped with ambient-
sensitive backup alarms for all nighttime work.
11. Prior to the issuance of a Notice to Proceed or commencement of construction, whichever
occurs first, Developer shall submit to the City the Federal Aviation Regulations (FAR) Part 77
determination of “No Hazard to Air Navigation.”
12. This approval shall become null and void if the Notice to Proceed is not issued or commencement
of construction does not occur within 24 months from the date of project approval.
13. Prior to the issuance of a Notice to Proceed or commencement of construction, whichever
occurs first, 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 Coastal Development Permit and Conditional Use
Permit by Resolution No. 7149 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.
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Engineering:
14. Prior to construction, contractor 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 Pollution Prevention Plan
(SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer.
15. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, the contractor shall apply for and obtain approval from, the city engineer for the
proposed haul route.
16. Contractor 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.
Public Works Engineering:
17. Prior to any construction within the public right-of-way, contractor shall apply for and obtain
approval from the city engineer for a right-of-way permit.
18. The sewer line shall be designed and constructed in such a way, and include odor control
equipment as necessary to eliminate the discharge of malodorous sewer gasses, along the
entirety of its alignment.
19. The sewer line, and its odor control equipment, shall be maintained, operated and modified as
necessary to prevent the discharge of sewer gasses throughout the life of the sewer by the City
of Vista/Buena Sanitation District or subsequent owner of the sewer.
20. Odor control equipment shall be permitted as required by the San Diego County Air Pollution
Control District. Verification of permits shall be provided to the City of Carlsbad. All odor control
equipment shall include visible signage identifying the owner of the sewer and include a contact
telephone number.
Transportation:
21. Construction that reduces travel lanes on Palomar Airport Road from 3 to 1 shall be restricted to
night work (9:00 p.m. to 5:00 a.m.) with the provision that nearby residences or hotels may allow
the contractor to consider daytime work to minimize disruption to sleeping residents and hotel
guests. All other construction will be restricted to 8:30 a.m. to 3:30 p.m. to avoid peak traffic
hours. The contractor shall submit a traffic control plan for review and approval by the City Traffic
Engineer prior to the start of work.
Code Reminders:
22. 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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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 ofthe 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 ofthese 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on March 16, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
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CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
City Planner
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