HomeMy WebLinkAbout2018-03-07; Planning Commission; Resolution 7290
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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-
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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-
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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-
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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-
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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-
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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-
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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 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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