Loading...
HomeMy WebLinkAbout2018-05-16; Planning Commission; Resolution 72961 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 PLANNING COMMISSION RESOLUTION NO. 7296 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING: 1) A COASTAL DEVELOPMENT PERMIT (CDP) TO INSTALL APPROXIMATELY 15,000 LINEAR FEET OF 6- AND 8-INCH DIAMETER POLYVINYL CHLORIDE (PVC) RECYCLED WATER PIPELINE AND FIXTURES WITHIN THE PUBLIC RIGHTS-OF-WAY LOCATED ON PORTIONS OF KELLY DRIVE, TAMARACK AVENUE, E. POINT AVENUE, PALISADES DRIVE, HIGH RIDGE AVENUE, TELESCOPE AVENUE, AND SPYGLASS COURT; AND APPROXIMATELY 4,100 LINEAR FEET OF 6-INCH DIAMETER PVC POTABLE WATER PIPELINE AND _FIXTURES LOCATED WITHIN PORTIONS OF THE CITY OF CARLSBAD UTILITY EASEMENTS ON DRIFTWOOD CIRCLE, CORALWOOD CIRCLE, AMBERWOOD COURT, BIRCHWOOD CIRCLE AND BIRCHWOOD COURT (CARLSBAD PALISADES), ALL OF WHICH ARE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM; AND 2) A SPECIAL USE PERMIT (SUP) TO INSTALL APPROXIMATELY 6,700 LINEAR FEET OF 8-INCH DIAMETER RECYCLED WATER PIPELINE AND FIXTURES LOCATED WITHIN THE SCENIC PRESERVATION OVERLAY ZONE AND WITHIN PORTIONS OF THE PUBLIC RIGHT-OF-WAY ON EL CAMINO REAL, NORTH OF CHESTNUT AVENUE TO HAYMAR DRIVE. THE PROJECT IS WITHIN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 2. CASE NAME: CASE NO: RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5 CDP 2018-0011/SUP 2018-0001 (PUB2018-0004) 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 and City of Carlsbad utility easements on a portion of El Camino Real, Tamarack Avenue, Kelly Drive, E. Point Avenue, Palisades Drive, High Ridge Avenue, Telescope Avenue, Spyglass Court, Driftwood Circle, Coralwood Circle, Amberwood Court, Birchwood Court and Birchwood Circle, as more specifically shown on Exhibits "A" -"NNN" dated May 16, 2018, attached hereto and on file in the Planning Division ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and a Special Use Permit as shown on Exhibits "A"-"NNN" dated May 16, 2018, attached hereto and on file in the Carlsbad Planning Division, RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5 -CDP 2018-0011 / SUP 2018 -0001, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and 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 WHEREAS, the Planning Commission did, on May 16, 2018, 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 Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES RECYCLED WATER PHASE Ill PIPELINE EXPANSION SEGMENT 5-CDP 2018-0001 and SUP 2018-0001, based on the following findings and subject to the following conditions: Findings: CDP 2018-0011 1. 2. 3. That the proposed development is in conformance with t he Certified Local Coastal Program and all applicable policies in that the project consists of the installation of approximately 15,000 linear feet of 6-and 8-inch recycled water pipelines, located within the public rights-of-way, and approximately 4,100 linear feet of 6-inch potable water pipelines located within public utility and access easements. 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 and potable water pipelines will be underground. There will be a total of 22 above grade air-vacuum valve assemblies; 14 on the recycled water pipeline and 8 on the potable water pipeline within the coastal zone. Each assembly will be contained within a 14-inch diameter by 24-inch high enclosure to secure the appurtenance. 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 and potable water pipelines will be installed underground and the above grade air-vacuum valve assemblies w ill be approximately 24 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 t he project is not located in an area of known geologic instability. Therefore, the project is consistent with the Mello II Segment of the LCP. 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. The subject property is within the public rights-of-way and public utility and access easements and does not include st eep slopes (equal to or greater than 25% gradient) nor PC RESO NO. 7296 -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 4. native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The CDP is appealable to the California Coastal Commission in that the proposed development constitutes a major public works project costing $100,000 or more per Section 30603(a)(S) of the Public Resources Code of the California Coastal Act. SUP 2018-0001 5. 6. The project is consistent with the purposes of this chapter and all other applicable requirements of this code, in that the five-above grade air-vacuum valve assemblies will be 24 inches tall, located on both the east and west sides of El Camino Real, and will not impact the scenic qualities and appearance of the roadway. The project will not adversely affect the scenic, historical or cultura l qualities of the property, in that the five-above grade air-vacuum vent assemblies, which will be located on both the east and west sides of ECR, will only be 24 inches tall and will not adversely affect scenic views. Furthermore, the project is conditioned to implement the Cultural & Tribal Resources mitigation measures, w hich require archaeological and Native American monitors on site where known cultural resources have been identified in the area, during any ground disturbing activities. This will reduce any historical or cultural impacts to less than significance. General 7. 8. 9. The project is consistent with the general plan, local coasta l program, and applicable master or specific plans, in that the project will provide 6,700 linear feet of recycled water to be used by the nearby HOA's (i.e. common areas), shopping centers and businesses instead of using potable water. The utility accessories are consistent w ith all applicable requirements of the General Plan and Carlsbad Municipal Code (CMC). The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and 2 and all city public facility policies and ordinances in that the project will provide additional recycled irrigation water to the areas of the city described above, thus reducing the use of potable water. Additionally, the potable water pipeline diameter will be increased from 4-inch to 6-inch to comply with current City of Carlsbad Engineering Standards and not a result of new development in the area. 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 city planner has determined that: a. The project is a subsequent activity of the Phase Ill Recycled Water Project for which a MND (EIA 12-02, SCH No. 2012091004, on file in the Planning Division) was prepared; b. This project is consistent with the Phase Ill Recycled Water Project (EIA 12-02}; c. The Phase Ill Recycled Water Project (EIA 12-02} was adopted by the Carlsbad Municipal Water District on November 27, 2012, and; PC RESO NO. 7296 -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 d. The Recycled Water Phase Ill Pipeline Segment 5 was subsequently modified, and these minor changes were addressed in the Addendum, along with the potable water pipelines; e. The City of Carlsbad determined that minor changes to the Recycled Water Phase Ill Pipeline Segment 5 are necessary and prepared an Addendum to the MND; f. This subsequent project has no new significant environmental effects not analyzed as significant in the prior MND; g. None of the circumstances requiring a Subsequent or a Supplemental MND under CEQA Guidelines Sections 15162 or 15163 exist; h. The city planner finds that all feasible mitigation measures identified in the Phase Ill Recycled Water Project MND (EIA 12-02), which are applicable to this project, have been incorporated into this project and/or will be included in the construction notes; and i. The city planner has determined that the Addendum to the previously adopted MND (EIA 12-02) is adequate pursuant to Section 15164(a) of the State CEQA Guidelines and a subsequent or supplemental MND is not required. Conditions: General Note: Unless otherwise specified herein, all conditions sha ll be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 1. 2. 3. 4. 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 Special Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 PC RESO NO. 7296 -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 5. 6. 7. 8. 9. condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the cond ition complies with all requirements of law. 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 Ill Recycled Water Project (EIA 12-02). All applicable mitigation measures shall be incorporated into final construction plans and specification documents. Developer shall implement the cultural resource procedures, which would require monitoring in areas that intersect with known archaeological sites that may contain tribal cultural resources in compliance with City Council Policy 83 and the city's Tribal, Cultural and Paleontological Resources Guidelines September 2017). This shall be incorporated into final construction plans and specification documents. 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 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 facil ity 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 and 2 Loca l Facilities Management Plan and any amendments made to that Plan prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. This approval shall become null and void if the issuance of a Notice to Proceed or commencement of construction, whichever occurs first, is not issued/started for this project within 24 months from the date of project approval. Engineering 10. 11. 12. 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 enginee r for the proposed haul route. 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. The proposed work encroaches into pavement sections that are subject to the city's street moratorium. Repaving of the street surfaces in these areas shall be designed and performed to the satisfaction of the city engineer. PC RESO NO. 7296 -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 13. 14. 15. Developer shall comply with the city's Storm Water 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. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP 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. This project is subject to Standard Storm Water requirements for post-construction BMP's. 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 BMP's 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: 16. 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. PC RESO NO. 7296 -6- 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 3 the City of Carlsbad, California, held on May 16, 2018, by the following vote, to wit: 4 AYES: Chairperson Montgomery, Commissioners Anderson, Black, Luna, 5 Meenes and Segall 6 NOES: 7 ABSENT: 8 .· .··' ABSTAIN.:. 9 10 11 12 ATIEST: ~~ 13 14 DON NEU 15 City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7296 -7-