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HomeMy WebLinkAbout2018-03-07; Planning Commission; Resolution 7290 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 REQUEST FOR APPROVAL OF A SITE DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT TO CONSTRUCT: (1) A FLOW CONTROL FACILITY (FCF); (2) PRESSURE REDUCING VALVE AND VAULT (PRVV); (3) 1,615 LINEAR FEET OF 14-INCH DIAMETER CEMENT MORTAR LINED AND COATED STEEL PIPE; (4) 525 LINEAR FEET OF 16-INCH POLYVINYL CHLORIDE (PVC) PIPE; AND (6) ASSOCIATED FIXTURES LOCATED AT 5950 EL CAMINO REAL AND WITHIN THE PUBLIC RIGHTS-OF- WAY ON FARADAY AVENUE, ORION STREET AND EL CAMINO REAL WITHIN LOCAL FACILITIES MANAGEMENT ZONE 5. THE CITY PLANNER HAS DETERMINED THAT THE ADDENDUM TO THE PREVIOUSLY CERTIFIED FEIR (03-05) IS ADEQUATE PURSUANT TO SECTION 15164(A) OF THE STATE CEQA GUIDELINES AND A SUBSEQUENT OR SUPPLEMENTAL EIR IS NOT REQUIRED. CASE NAME: DESALINATION FLOW CONTROL FACILITY 5 CASE NO.: SDP 2017-0010/CUP 2017-0012/SUP 2017-0007 (PUB2017-0033) WHEREAS, the Carlsbad Municipal Water 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- 19 and generally located within the public rights-of-way on Faraday Avenue, Orion Street and El Camino Real and on file in the Planning Division (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan, Conditional Use Permit and Special Use Permit as shown on Exhibits “A” – “L” dated March 7, 2018, on file in the Planning Division, SDP 2017-0010/CUP 2017-0012/SUP 2017-0007 – DESALINATION FLOW CONTROL FACILITY 5 as provided by Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 7, 2018, 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 Site Development Plan, Conditional Use Permit and Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7290 PC RESO NO. 7290 -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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 2017-0010/CUP 2017-0012/SUP 2017-0007 – DESALINATION FLOW CONTROL FACILITY 5 based on the following findings and subject to the following conditions: Findings: SDP 2017-0010 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the FCF, which is the only above grade structure, will be located on an undeveloped, but disturbed, area between Orion Street and the CMWD storage yard within the CMWD facility. The general area is developed with commercial and industrial land uses. The proposed landscaping and existing mature trees will help screen and soften the one-story, 700 square-foot structure and retaining wall. One maintenance vehicle trip per day is expected and will not impact the traffic circulation. Furthermore, the project will allow CMWD to receive 2,500 acre-feet of desalinated water per year which represents approximately 16 percent of the potable, drought-resistant water purchased by CMWD in the 2017 calendar year, which is consistent with the city’s Sustainability Element. Therefore, the utility accessories are consistent with all applicable requirements of the General Plan and CMC. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the six-acre site is adequate in size and shape to accommodate the proposed one-story, 700 square foot utility structure, PRVV, piping and fixtures. The proposed use complies with the required development and design standards of the zoning requirements. No variances to standards are proposed. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the FCF will provide on-site parking for the maintenance vehicle, and the proposed walls, fences and landscaping will be maintained. The proposed architectural treatment, scale, and screening landscape will ensure the proposed FCF structure is compatible with existing and potential future development in the surrounding area. 4. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the completion of the FCF would not result in an increase in staffing that would create additional operational vehicle trips other than one maintenance truck per day. As such, the proposed project would not result in an increase in traffic on local roadways during operations and maintenance activities and; therefore, there will be no impact on the existing street system. PC RESO NO. 7290 -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 CUP 2017-0012 5. 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 project will provide CMWD with 2,500 acre-feet of drought-resistant desalinated water which represents approximately 16 percent of the potable water purchased by CMWD in the 2017 calendar year, which is consistent with the city’s Sustainability Element. The utility accessories are consistent with all applicable requirements of the General Plan and CMC. 6. That the site for the intended use is adequate in size and shape to accommodate the use, in that the six-acre site is adequate in size and shape to accommodate the proposed one-story, 700 square foot FCF, PRVV, piping and fixtures. The proposed use complies with the required development and design standards of the zoning requirements. No variances to standards are proposed. 7. 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 as stated above, the six-acre site is adequate in size and shape to accommodate the proposed one-story, 700 square foot, utility structure, PRVV, piping and fixtures. There is adequate room for on-site parking for the maintenance vehicle, retaining wall, perimeter fence and landscaping. Furthermore, the proposed architectural treatment, small scale, and screening landscape will ensure the proposed FCF structure is compatible, and blends in, with surrounding uses. 8. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the completion of the FCF and PRVV would result in one additional maintenance vehicle trip per day to the CMWD facility. As such, the proposed project will not impact the existing street system. SUP 2017-0007 9. The project is consistent with the purposes of Carlsbad Municipal Code Chapter 21.40 and all other applicable requirements on this code, in that as stated above, the above grade structure (FCF) will be 430 feet east of ECR and will not impact the scenic qualities and appearance of the roadway. The existing and proposed vegetation will also shield the structure from the roadway. 10. The project is consistent with the general plan, local coastal program, and applicable master or specific plans, in that the project will provide CMWD with 2,500 acre-feet of drought-resistant desalinated water which represents approximately 16 percent of the potable water purchased by CMWD in the 2017 calendar year, which is consistent with the city’s Sustainability Element. The utility accessories are consistent with all applicable requirements of the General Plan and Carlsbad Municipal Code (CMC). 11. The project will not adversely affect the scenic, historical or cultural qualities of the property, in that the FCF will be located at the CMWD’s Maintenance and Operation facility, within an industrial area. The FCF will be one-story and will not affect any scenic qualities in the area. The project is conditioned to implement Cultural & Tribal Resources mitigation measures, which require archaeological and Native American monitors on site during any ground disturbing activities. This will reduce any historical or cultural impacts to less than significance. PC RESO NO. 7290 -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 McClellan-Palomar Airport Land Use Compatibility Plan 12. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that: A. The proposed project is located within the 60-65 dB CNEL noise contour. Utilities are deemed a compatible use within the 60-65 CNEL contour in the ALUCP and will not be affected by aircraft noise. B. The proposed project is in compliance with the ALUCP airspace protection surfaces because the maximum height of the flow control facility structure is below the height that requires notification of construction to the FAA. C. The proposed FCF structure is located in Safety Zone 3. Utilities and public works yards (where the FCF would be located) are compatible uses in Safety Zone 3. Furthermore, the FCF would be visited by persons for occasional maintenance purposes only, and would otherwise be unoccupied on any regular basis. D. The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses; therefore, the overflight notification requirement is not applicable to the proposed project. Growth Management 13. That the project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all city public facility policies and ordinances in that the project will provide a direct connection to the SDCWA’s desalination pipeline and provide CMWD with a local source of drought-resistant water for approximately 16 percent of its potable water demand. Furthermore, one maintenance vehicle would visit the facility once per day for project operations and will not result in noticeable traffic increase and will not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. California Environmental Quality Act 14. The City Planner has determined that: A. The project is a subsequent activity of the Desalination Project (PDP 00-02) for which an EIR (FEIR 03-05, SCH No. 2004041081) was prepared; B. This project is consistent with the Desalination Project cited above; C. The Desalination Project FEIR 03-05 was certified in connection with the prior project; D. The Desalination Project was subsequently modified, and these minor changes were addressed in the First, Second, Third and Fourth Addenda; E. The City of Carlsbad determined that minor changes to the Desalination Project are necessary and prepared a Fifth Addendum to the FEIR; F. This subsequent project has no new significant environmental effects not analyzed as significant in the prior FEIR; G. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; H. The City Planner finds that all feasible mitigation measures identified in the Desalination Project FEIR 03-05, which are applicable to this project, have been incorporated into this Project and/or will be included in the construction notes; and PC RESO NO. 7290 -5- 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 I. The City Planner has determined that the Fifth Addendum to the previously certified FEIR (03-05) is adequate pursuant to Section 15164(a) of the State CEQA Guidelines and a subsequent or supplemental EIR is not required. Conditions: 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 Site Development Plan, Conditional Use Permit and Special Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan, Conditional Use Permit and Special 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. Developer shall implement, or cause the implementation of, the applicable mitigation measures as stated in the Mitigation Monitoring and Reporting Program (MMRP) for the Desalination Project (EIR 03-05). All applicable mitigation measures shall be incorporated into final construction plans and specification documents. 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 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 Site Development Plan, Conditional Use Permit and Special 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. PC RESO NO. 7290 -6- 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 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 10. Prior to the issuance of the 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 Site Development Plan, Conditional Use Permit and Special Use Permit by Resolution No. 7290 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. Engineering 11. Based upon a review of the proposed project, a grading permit is required. Developer shall prepare and submit plans and technical studies/reports as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 12. Developer shall repair all street trenches in accordance with the city’s Engineering Standards. In addition, street repairs shall be made in accordance with the requirements below. Limits of the street repair may be modified at the discretion of the City Engineer. • 2-inch grind and overlay on the south side of Faraday Avenue from the median to the gutter. • 2-inch grind and overlay of the south half of the intersection of Faraday Avenue and Orion Street. • 2-inch grind and overlay of the full width of Orion Street from Faraday Avenue to El Camino Real. Code Reminder: 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. PC RESO NO. 7290 -7- 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .