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HomeMy WebLinkAbout2019-04-03; Planning Commission; Resolution 7328PLANNING COMMISSION RESOLUTION NO. 7328 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT AMENDMENT TO ALLOW FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATE AND REPLACE 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 POLLUTION CONTROL FACILITY AMEND 2018-0008 (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 Coastal Development Permit Amendment as shown on Exhibits "A"-"KK" dated April 3, 2019, attached hereto and on file in the Carlsbad Planning Division, AMEND 2018-0008 -ENCINA WATER POLLUTION CONTROL FACILITY, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; 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 Coastal Development Permit Amendment. 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 2018-0008 based on the following findings and subject to the following conditions: Findings: Coastal Development Permit l. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that project is in the Mello II Local Coastal Program Segment. The policies of the Mello II segment of the Coastal Zone emphasize preservation of prime agriculture and scenic resources, protection of environmentally sensitive lands, provision of shoreline access and prevention of geologic instability and erosion. The site of the proposed project does not and has not in recent history supported agricultural uses and has not been designated as protected agricultural land, nor are there any sensitive resources located on the developable portion of the site. The wastewater treatment facility is not located in an area of known geologic instability or flood hazard. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site does not have frontage along the coastline and no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the public utility designated site is not suited for water-oriented recreation activities. Therefore, the project will not interfere with the public's right to physical access to the sea. 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. General 4. 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. 5. An Initial Study (IS), dated August 2018 and prepared by Woodard & Curan 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 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. PC RESO NO. 7328 -2- 6. The Planning Commission hc1s 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 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 Coastal Development Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit 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 2018-0007 and is subject to all conditions contained in Planning Commission Resolution No. 7327 for those other approvals incorporated herein by reference. 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/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 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 PC RESO NO. 7328 -3- 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 3 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. Engineering General 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. Grading 10. 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 11. 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. 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 '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. 7328 -4- 14. 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. NOTICE TO APPLICANT The project is appealable to the California Coastal Commission per Section 30603{a)(5) 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. 7328 -5- 6flftoRf Y JiMJJ CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7328 -6-