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HomeMy WebLinkAbout2019-04-03; Planning Commission; Resolution 7327PLANNING COMMISSION RESOLUTION NO. 7327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PRECISE DEVELOPMENT PLAN AMENDMENT TO ALLOW FOR THE : 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATION AND REPLACEMENT OF EXISTING AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EAST OF THE EXISTING ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN-AROUND AREA WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO: ENCINA WATER POL~UTION CONTROL FACILITY AMEND 2018-0007 (DEV2018-173) WHEREAS, Encina Wastewater Authority, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Joint Powers Authority, "Owner," described as Property identified by Assessor's Parcel Numbers 214-010-9500, 211-030-0600 and 211-030- 0800 ("the Property"); and WHEREAS, said verified application constitutes a request for a Precise Development Permit Amendment as shown on Exhibits "A"-"KK" dated April 3, 2019, attached hereto and on file in the Carlsbad Planning Division, AMEND 2018-0007 -ENCINA WATER POLLUTION CONTROL FACILITY, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the proposed Precise Development Permit is set forth and attached in the draft City Council Ordinance, Exhibit AMEND 2018-0007, dated April 3, 2019; and WHEREAS, the Planning Commission did, on April 3, 2019, 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 Precise Development Plan. 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 RECOMMENDS APPROVAL of the ENCINA WATER POLLUTION CONTROL FACILITY- AMEND 2018-0007 based on the following findings and subject to the following conditions: Findings: Precise Development Plan 1. That the proposed Precise Development Plan Amendment is consistent with the goals and policies of the various elements of the General Plan, in that the proposed modernization of the screenings building to improve screening of materials, reduce odors and provide additional on-site employee parking are a necessary part of the Encina Wastewater Pollution Control Facility (EWPCF) and is consistent with the Public Utilities General Plan designation on the property and the use is necessary to continue to provide wastewater treatment. Furthermore, per the March 27, 2019 memorandum, produced by Woodward & Curran, in 2018 EWA produced an average of 86 percent of its on-site electricity needs from their cogeneration system, with approximately two thirds of the electricity derived from the renewable biogas produced on site and one third from natural gas. In addition, heat from the engines is captured and provides heat for the digesters and a portion of the plant's hot water needs, which further offsets energy demands from the SDG&E system. 2. That the proposed Precise Development Plan Amendment, as conditioned herein, is consistent with the General Plan policies including the Mobility Element policies, which support TDM, and the Sustainability Element, which calls for the use of sustainable and stable energy sources. That the proposed Precise Development Plan Amendment is consistent with the intent and purpose of the Public Utilities Zone, in that the proposed modernizations are necessary to provide adequate performance and operations related to the operation of the wastewater treatment facility. Furthermore, the proposed project satisfies the lot size requirement and the maximum lot coverage limit for the P-U zone. The proposed grit and screenings annex is 35 feet tall, well below the maximum height of 53 feet allowed on site. No proposed structures are located within any setbacks and the project includes an additional 21 parking spaces for employees. General 3. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all city public facility policies and ordinances in that the project will improve the wastewater treatment process by improving the primary treatment process of wastewater flows and replace aging equipment. 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. 4. An Initial Study (IS), dated August 2018 and prepared by Woodard & Cu ran for EWA, was prepared and submitted to the Planning Division with the application submittal. The IS determined that the project would not have a significant impact on the environment. After reviewing the IS the City PC RESO NO. 7327 -2- Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301 -Existing Facilities. A Notice of Exemption will be filed with the County Clerk upon project approval. 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. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed, commencement of construction or the issuance of a grading permit, 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 Precise Development Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan Amendment 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. This approval is granted subject to the approval of AMEND 2018-0008 and is subject to all conditions contained in Planning Commission Resolution No. 7328 for those other approvals incorporated herein by reference. 5. Upon approval by City Council the setbacks/yards, open space, height and bulk of buildings, fences and walls, landscaping, grading, dedication and improvement requirements, phasing {if . any), points of ingress and egress, and parking proposed by AMEND 2018-0007 shall be the minimum development standards for PDP 1. Any change to the structures, equipment, or other facilities on the EWPCF site from those approved by this PDP Amendment {AMEND 2018-0007) which would exceed these approved development standards, shall require the approval of the City Council. PC RESO NO. 7327 -3- 6. 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. 7. 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 Precise Development Plan Amendment and Coastal Development Permit Amendment, (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 . 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 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 the issuance of a Notice to Proceed, commencement of construction or the issuance of a grading permit, whichever occurs first, are not issued for this project within 24 months from the date of project approval. 10. Prior to the issuance of a Notice to Proceed, commencement of construction or the issuance of a grading permit, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site 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. 11. Prior to the issuance of a Notice to Proceed, commencement of construction or the issuance of a grading permit, 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 Precise Development Plan Amendment by Resolution No. 7327 and Coastal Development Amendment by Resolution No. 7328 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. 12. Upon approval by City Council, this Precise Development Plan Amendment (AMEND 2018-0007) site plan shall become the approved site plan for the entire 25.23-acre Encina Water Pollution Control Facility development and shall supersede all preceding approvals for PDP 1. EV Condition PC RESO NO. 7327 -4- 13. Applicant shall install electric vehicle service equipment (EVSE) infrastructure for a minimum of two of the total parking spaces in the proposed parking lot, or other location accessible to employees of, or visitors to, the wastewater treatment facilities, in accordance with City of Carlsbad Ordinance No. CS-349. At least one of the electric vehicle charging spaces (EV space) shall be "EVSE Installed" as defined in Ordinance No. CS-349, Section 4. The second required EV space shall be "EVSE Capable", "EVSE Ready", or "EVSE Installed" as defined in the ordinance. Prior to issuance of a grading permit by the City, Developer shall submit evidence to the satisfaction of the City Planner that final construction plans and bid documents include the design and specifications for construction of the required EV spaces. Engineering General 14. 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. Grading 15. Based upon a review of the proposed grading and the grading quantities shown on the site plan for the parking lot, a grading permit for this project 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. Storm Water Quality 16. 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 storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 17. 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. 18. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan {SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7327 -5- 19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Transportation Demand Management 20. Prior to the issuance of a grading permit, the developer shall provide a Transportation Demand Management Plan to the satisfaction of the city engineer. NOTICE TO APPLICANT The project is appealable to the California Coastal Commission per Section 30603(a)(S) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or a major energy facility costing $100,000 or more is appealable to the Commission. Therefore, this Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. 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 of these 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 April 3, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: Commissioner Geidner PC RESO NO. 7327 -6- CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7327 -7-