HomeMy WebLinkAbout2017-05-03; Planning Commission; Resolution 7241
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO CONSTRUCT APPROXIMATELY 3,170 LINEAR FEET OF 8-INCH
DIAMETER AND 1,460 LINEAR FEET OF 6-INCH DIAMETER POLYVINYL
CHLORIDE (PVC) PIPELINE, A RECYCLED WATER FILL STATION AND
APPURTENANCES WITHIN THE MELLO I, MELLO II AND WEST BATIQUITOS
LAGOON/SAMMIS PROPERTIES PORTIONS OF THE CITY’S COASTAL ZONE
LOCATED WITHIN SEGMENTS OF THE PUBLIC RIGHTS-OF-WAY ON
AVENIDA ENCINAS, PONTO DRIVE AND NAVIGATOR CIRCLE WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 9.
CASE NAME: RECYCLED WATER PHASE III PIPELINE EXPANSION
SEGMENT 9
CASE NO: CDP 2017-0007 (PUB 16Y-0005)
WHEREAS, Carlsbad Municipal Water District, “Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Located within the public rights-of-way on a portion of Avenida Encinas,
from Poinsettia Lane south 1,808 linear feet; Ponto Drive south 1,446
linear feet; and Navigator Circle from Windrose Circle south 1,465 linear
feet and on file in the Planning Division
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A”- “P” dated May 3, 2017, attached hereto and on file in the Carlsbad
Planning Division, CDP 2017-0007 – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9, as
provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 3, 2017, 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.
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.
PLANNING COMMISSION RESOLUTION NO. 7241
PC RESO NO. 7241 -2-
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2017-0007 – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9, 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 project consists of the construction of a recycled water pipeline,
a recycled water fill station, and appurtenances on property located within the public rights-of-
way. The project will not obstruct views of the coastline as seen from public lands or the public
right-of-way, nor damage the visual beauty of the coastal zone as the recycled water pipeline
will be placed underground.
2. The proposal is in conformity with the public access and recreation policies of the City of Carlsbad
Local Coastal Program in that the proposed recycled water pipeline will been installed
underground and the recycled water fill station will be approximately 36 inches high, and
therefore, will not impact public access opportunities, recreational resources or obstruct views
of the coastline as seen from public lands or the public rights-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 and the project is not located
in an area of known geologic instability. Therefore the project is consistent with the Mello I,
Mello II, and West Batiquitos Lagoon/Sammis segments of the LCP.
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, BMP Design Manual 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 9 and all City public facility policies and ordinances. The project will
provide additional irrigation water to the three areas of the city described above, thus reducing
the use of potable water. 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.
5. Developer shall implement, or cause the implementation of, the applicable mitigation measures
as stated in the Mitigation Monitoring and Reporting Program (MMR&P) for the phase III
Recycled Water Project (EIA 12-02). All applicable mitigation measures shall be incorporated
into final construction plans and specification documents.
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.
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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 applicable mitigation measures
as stated in the Mitigation Monitoring and Reporting Program (MMRP) for the Phase III
Recycled Water Project (EIA 12-02). All applicable mitigation measures shall be incorporated
into final construction plans and specification documents.
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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 9 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
PC RESO NO. 7241 -4-
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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 cause contractor to apply for and obtain a right-of-way permit prior to any work
performed in the city right-of-way. Contractor shall satisfy all licensing and insurance
requirements per the municipal code to the satisfaction of the city engineer.
11. 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.
12. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) 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.
13. This project is subject to Standard Stormwater requirements for post-construction BMPs.
Developer shall incorporate Standard Storm Water requirements into final design plans including
applicable improvement, grading, and/or building plans. Final design plans shall show applicable
site design, source control BMPs and Low Impact Design (LID) measures including, but not limited
to, minimizing the use of impervious area (paving), routing run-off from impervious area to
pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm
drain stenciling or signage.
Code Reminders:
14. 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.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 3, 2017, by the following vote, to wit:
AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts,
Montgomery, Rodman and Siekmann
NOES:
ABSENT:
ABSTAIN:
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
"k ~DON NEU
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City Planner
PC RESO NO. 7241 -5-