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HomeMy WebLinkAbout2011-03-08; City Council; 20478-2; AGUA HEDIONDA SEWER LIFT STATIONAgua Hedionda Sewer Line and Lift Station Project PDP 00-01(Q I SP 144(L) /RP 10-261 CDP 10-1 71RDP 10-051SUP 10-021 HNIP 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated IXo HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality- standards or, waste 17 discharge requirements? b) Substantially deplete groundwater supplies or El 0 El H interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the 171 site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off - site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ;increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off - site? e) Create or contribute runoff water, which would 171 exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? 171 g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, 17 which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 8/5110 64 106 AMa Hedlonda Sewer Line and Lift Station Project PDP 06-02(C) I SP 144(L) I RP 10-26 /CDP 10-171HDP 10-051 SUP 10-02 /HHP 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated k) Increase erosion (sediment) into receiving surface171 waters. 1) Increase pollutant discharges (e.g., heavy metals, 171 pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen -demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or 171 wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or ❑ Z El groundwater receiving water quality objectives or degradation of beneficial uses? a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The proposed project is required to comply with the National Pollutant Discharge Elimination System (NPDES), the General Pen -nit for Storm Water Discharges Associated with Construction, and other applicable portions of the federal Clean Water Act, including the Porter -Cologne Water Quality Control Act, or Section 401. Also, the City of Carlsbad has adopted a Storm Water Management and Discharge Control Ordinance. This ordinance requires that all new development and redevelopment activities comply with the City's adopted storm water pollution protection requirements. The subject project is not exempt from Standard Urban Stormwater Management Plan (SUSMP) requirements and is considered a Priority Project, requiring Priority BMPs. The project applicant is also required to submit a Notice of Intent to the State Water Resources Control Board, prepare a Stonnwater Pollution Prevention Plan (SWPPP) and implement BMPs detailed in the SWPPP to reduce construction effects and post -development effects on the downstream water bodies. The project developer is required to identify and implement: BMPs to reduce impacts to surface water from contaminated storm water discharges. In accordance with the NPDES, the construction contractor will be required. to comply with NPDES and SWPPP regarding the implementation of BMPs during construction. Post -Development BMPs. The sewer pipeline will be placed underground and as a result no substantive post -development (permanent) BMPs are required. The lift station however will provide site design BMPs through source control and treatment control in order to protect downstream waters. The primary lift station site design BMP will be the installation of energy dissipaters such as riprap, at the outlets of the new storm drains that enter unlined channels at the lowest elevation end (west side) of the lift station site, in accordance with applicable specifications to minimize erosion from the project site. The energy dissipaters shall be installed in such a way as to minimize impacts to the receiving waters. Also, riprap will be installed at the outlets of the new storm drains located along the west side of the lift station site that drains to the existing vegetated bio-swale flow conveyance area and into a proposed water quality detention basin. At least 80% of the "first flush" of a rainstorm will be treated through this bio-swale and water quality basin. High -volume rainstorms (10-year storm or greater) will fill up the basin and overflow water will run directly downstream to the lagoon. A separate, elevated Ag ua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 65 LO "I A;ua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) I SP 144(L) /RP 10-26 / CDP 10-171 HDP 10-05 /SUP 10-02/HMP 10-03 culvert will also be constructed along the eastern perimeter of the lift station structure to eliminate the potential for erosion along the eastern half of the site. In addition, the lift station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in accidental sewage spills. The concept involves a lift station configuration that includes two independent pumping elements. The "lift" side of the station includes four 40 hp pumps. The "force maid' side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd. providing 50% redundancy at peak wet weather flow conditions (33 mgd) and over 100% redundancy at peak dry weather flows (21 mgd). The force main side and lift side can independently pump peak dry weather flows (21 mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions, and contains power redundancy and significant upstream storage capacity under catastrophic circumstances were they to occur under peak wet weather conditions. The station is also with two independent electrical circuits (primary and secondary), and will include an automatic standby transfer switch in the event of catastrophic power failure. In the event of full regional blackout, emergency power will be provided by a built-in on -site diesel fuel generator. Under such circumstances, the station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity to allow the time necessary to resolve a problem, should it occur. The lift station site design BMP's will involve a multiple -treatment program, including four different treatment systems, as indicated below. This information is shown on Figure 12. 1. Vegetated or river rockswale. A vegetated or river rock swale will be located along the southeast side of the project. This swale will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils. The swale will trap particulate pollutants, promote infiltration and reduce the flow velocity of the stormwater runoff. The swale will maintain a thick vegetative cover or river rock to maintain proper drainage treatment functioning. Inspection and maintenance will be performed as necessary. 2. Wet vault. An underground wet vault structure will be installed along the west side of the project site. This structure will be on-line, in that it will connect from a storm drain (which collects on -site drainage), treats the stormwater in the vault (similar to a larCY ge catch basin), and exits drainage out into another storm drain line. It is designed to provide temporary and permanent storage for stormwater runoff. The permanent pool of water in the vault dissipates energy and improves the settling of particulate stormwater pollutants from the site. 3. Pervious surfaces. Pervious surfaces will be utilized over a portion of the lift station site. The pervious surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. 4. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. The basin will be designed with a minimum soil infiltration rate of 0.5 inches/hour. The basin will be designed to meet City of Carlsbad standards. Construction BMPs. During construction, the project BMPs will include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, storm drain inlet protection, check dams, stabilized construction entrances and exits, hydroseeding or mulching immediately after topsoil placement, waste (including concrete waste) management. The developer will be responsible for the regular maintenance of such construction BMPs. In addition, the developer will prepare an emergency plan prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of sewer spill into the adjacent wetlands. These precautions shall include a readily -identified sequence of emergency measures which are understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 66 t LEGEND: i .�' WFM1TRIITIONSASIN WfTFf"'• � i � , t �, I �°-ovERFLOwroswAl.E� PII•ErswALEFIaw %.. i � : I -• _.----'- SURFACE FLOW RNERROCKOR VEGETATEDSWALIg AGUAHEDIONDA (i";% i �• ~� ' LAGOON o CATCH BASIN WING WALL 1 NOTCHEDCURII •� 6( Q O �•. `. BASWOVERFLOW O CAT IN \ STORM DRAIN':',,/ CLEANOUP I O 12' 9TORkPORAIN P1RE )1 } 1 ! _ a= ,STORM.OP VNPIPE..r CURS AND GUTTER CURS INLET CURS INLET ST , IV STORM DRAIN PIPE 1S' STORM DRAIN PIPE DRAIN PIPE AND G1TCH BASIN STORM DRAIN HEADWALL/RIPRAP CATCH BASIN WITH 30' STORM DRAW PIPE OUTFALLTO INFILTRATION &ISM - FILTRATION MEDIA INSERT RE INFILTRATION BASIN (TC.11) 1a' E ETING INFlJTRATION BASIN STORM DPOE DRAWIN P3D' DRAIN STORM GRAISTORM DRAIN PIPEN CLEANOUT - 24-STORM DRAIN PIPE INFILTRATION SAS W WITH ! 1(i I j i ovERFLow TD swALE LEGEND: !� r 1 I I �.' EAR'THEN COVER jil Figure 12 fiormwater Management Plan AGUA HEDIONDA LIFT STATION Carlsbad, California June 4, 2010 PS# 080205 0 60 120 - 240 FT NORTH SCALE: 1" = 120' LING V3E//CGASTAL PLANNING LANDSCAPE A.4CRMSINRE PLANNING SYSTEMS ENV�ONM -T MRIGAIT[ON 1530 FARAGAT AVENUE, SUITE 300, CA.4ISGAD, CA 9200a (7e0) $31-04a0 FA% (7a0) 931-5744 Aqua Hedionda Sewer Line and Lift Station Project PDP 0042(C)1 SP 144(L)1 RP 10- 261 CDP 10-171 HDP 10-051 SUP 10-021 HAIP 10-03 Compliance with the NPDES and SWPPP requirements as demonstrated with the identified BMPs will ensure that the project will result in a less than significant impact on water quality standards or waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The sewer pipeline will be entirely impervious and will be installed underground, and will thus have no effect on groundwater supplies or recharge. The lift station site is generally underlain by fill soil,, alluvium soil and terrace deposits. The shallow fill material is presumed to have been placed in conjunction with grading operations for the existing power plant infrastructure. It is anticipated that the groundwater table is relatively shallow in the area and likely to be encountered at or near sea level. The lift station site design BMP's will involve a multiple -treatment program, including four different treatment systems including; (1) a vegetated or river rock Swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filterimg through a subsoil matrix, and filtration into the underlying soils, (2) an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. As a result of these design features, no impacts to groundwater or groundwater recharge will occur from the project.. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. The sewer pipeline will be constructed underground (except at the bridge over the lagoon channel) and the land surface will in all cases be returned to its original topographic relationships, except along the ridge north of the Agua Hedionda Lagoon channel, which will be raised approximately 3-feet in height and widened several feet. Drainage patterns may change temporarily as a result of construction activities; however, each portion of the alignment would be restored to its approximate original contours (excluding the north end embankment referenced above) following completion of each particular portion of the pipeline. The lift station is located within the Carlsbad Hydrologic Unit 904.3 and the Agua Hedionda subarea 904.31. It is to be constructed on 2.3 acres within and tucked into a low, existing hillside. The hillside presently drains towards the west, to a low point at the northwest corner of the area, and drains into the lagoon. Under the post -construction situation, the lift station site will drain in a much more gradual pattern, towards the western edge of the site. The storm water that leaves the lift station site will then discharge directly into an area in the southwest corner of the site, and will then drain into the same finger of the lagoon as under the existing condition. More specifically, a storm drain system, including; (1) a vegetated or river rock swale located along the southeast side of the project, (2) a-n on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces which will allow infiltration of oils and other pollutants into the earth, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff are all proposed to minimize change to the existing drainage pattern or substantial alteration of the drainage of the lift station area. Therefore, since no change to the flow patterns over the sewer pipeline will result from the project, and the general flow pattern from the lift station site would be maintained, and BMPs to control erosion and siltation are being provided as part of the project, as discussed in Section VIII(a) above, it is determined that less than significant impacts would result from implementation of the project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 68 1pin Agua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-1711IDP 10-051 SUP 10-021 HHP 10-03 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off -site? Less Than Significant Impact. As discussed in Section VIII(c) above, the project will result in temporary changes to drainage along the alignment of the pipeline during construction as the placement of equipment and materials associated with construction activities, as well as the temporary modification of permeable surfaces, and soil movement along the alignment would alter existing drainage patterns. Further, the lift station development will result in on -site modification to the drainage pattern over the 2.3 acres of the lift station. The project will not however, result in a significant alteration of the existing drainage pattern, and would not substantially increase the flow rate or volume of surface runoff. Thus, a less than significant impact is assessed. e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. The proposed project involves the construction of an underground sewer pipeline, a sewer lift station and a pipeline support bridge over the Agua Hedionda Lagoon channel. During construction the potential for additional polluted runoff exists; however compliance with NPDES requirements, including preparation of a SWPP and implementing the BMPs identified therein would ensure that impacts associated with the creation of runoff water remain less than significant. f) Otherwise substantially degrade water quality? Less Than Significant Impact. The proposed project will connect to existing sewer facilities at both ends of the project, and there would be no discharges into surface waters during operation of the pipeline. In order to avoid sewage spills during operation of the lift station, the station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in wastewater spills. The concept involves a lift station configuration that includes two independent pumping elements. The lift side of the station includes four 40 hp pumps. The total lift capacity will maximize the use of the capacity of the existing 42-inch gravity sewer. The force main side of the station includes four 100 hp pumps. The total pumping, capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The station capacity is 50 mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). The force main side and lift side can independently pump peak dry weather flows (21-mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions. Multiple redundant features including electrical power to the lift station are also provided, including a split station with two different means of conveyance to the treatment plant, and emergency back-up power. Emergency power will also be provided by a built-in onsite diesel fuel generator. The station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume), if necessary. During project construction, the major temporary staging areas will be located on; (a) the cleared area near the railroad tracks at the north end of the project; (b) on the YMCA site, (c) immediately east of the proposed lift station site, and (d) behind the Hilton Gardens Hotel on the City -owned property adjacent to Avenida Encinas. No staging areas will belocated within any drainages, streams or wetlands. Construction of the project will require grading, excavation and trenching activities, which could have the potential to allow eroded soils and other pollutants to enter drainage systems. During construction activities, water will be used for dust control. The use of water will be localized and directed onto stockpiles of dirt or sand, or into the pipeline trench or the lift station pad excavated area. The project will require a standard NPDES permit. This NPDES permit will require preparation of a SWPPP to identify and implement BMPs to reduce impacts to surface water fi-om contaminated storm water discharges. The BMPs to be implemented by the project are identified in Section V1II(a) above. Compliance with these requirements will ensure that the project would result in a less than significant impact on water quality. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 69 Agua Hedionda Sever Line and Lift Station Project PDP 00 02(C) ISP 144(L) /RP 10-261 CDP 10-171HDP 10-OSISUP 10-02IHMP 10-03 Also, a number of State of California Coastal Act policies are addressed in the City's adopted LCP, which speak to water quality/erosion control required of development proposals within the Coastal Zone. Adequacy of the project in relation to these policies is as follows: 1. Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts to marine resources. The project protects uses of the marine environment in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. 2. Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact biological production and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of groundwater supplies and substantial interference with surface water flow, vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. 3. Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas. The project complies because the project avoids impacts with sensitive habitats, with the exception of the important DCSS habitat. However the CSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.05 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, the only portion of the project that is situated within an identified hardline open space is the Agua Hedionda channel bridge, which will be situated 17-feet above the surface of the water, and thus will not impact any hardline- habitat. 4. Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because development proposed in areas adjacent: to environmentally sensitive habitat areas and parks and recreation areas will be sited and designed to prevent impacts which would significantly degrade such areas. 5. Carlsbad LCP Mello H Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 6. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any increase in impervious area, the city will include requirements in the coastal development permit approval to allow inspection and maintenance of the BMPs, the project minimizes land disturbance activities during construction (e.g., clearing; grading and cut -and -fill). Also, the project proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Lift station site design BMPs will include a multiple -treatment program, including four different treatment systems, i.e.; a vegetated Swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils, an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. 7. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. 8. Carlsbad LCP Mello H Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 9. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project complies sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 70 A-Ua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-26 /CDP 10-171HDP 10-05 /SUP 10-02 /HA4P 10-03 spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 10. Zoning Ordinance Chapter 21.203.040(B)(4) Drainage, Erosion, Sedimentation, Habitat. The project complies because the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city's grading ordinance, storm water ordinance, standard urban storm water mitigation plan (SUSMP) dated April 2',003 and as amended, and the master drainage plan dated 1994, as those documents are certified as part of the city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall become an element of the project and shall be installed prior to the initial grading. In addition, the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any significant increase in impervious area. Pervious surfaces will be utilized as an infiltration BMP on the lift station site. These pervious surfaces will capture, retain and infiltrate a high level of runoff into the ground. Also, the existing lift station and its concrete overflow basin will be demolished and removed. The overflow basin will subsequently be filled with soil and vegetated.. Further, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut -and -fill) and the project proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Thus, a less than significant impact is assessed. g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? No Impact. The Federal Emergency Management Agency (FEMA) indicate that the only portion of the project alignment that would impact the 100-year flood hazard zone area would be the Agua Hedionda channel bridge span to be constructed at a level approximately 20-feet above the surface of the flood zone, to carry the sewer pipeline across the channel. The bridge support abutments will be set at 10-foot elevation. Because the project will be constructed a minimum 10-feet above the 100-year flood zone, the project will not impact any 100-year flood capacity area. No manholes for the pipeline are to be located within the 100-year flood zone. Therefore, it is determined that the project does not encroach or impact a Federal Flood Hazard Boundary or Flood Insurance Rate map or other flood delineation, and no impact will result. Please see Figure 13, FEMA Map of the area around and near the proposed lift station. h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. The project does not propose any structures within the 100-year flood hazard area. Further, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. Optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are'14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. Once removed, the in -channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, it is determined that no impacts (and potentially a minute beneficial impact) to the 100-year flood hazard area would occur from implementation of the project. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? No Impact. The project alignment is not located within the inundation zone for any dams upstream of the project. Further, the project does not propose the placement of any permanent structures that would be occupied by residents, employees or patrons. As explained herein and in Sections VIII(g) and (h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As a result, no impacts would occur. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 71 f m F- Z w 2 z c� J Q Q w LL w w ul N Z. Q b w S Z H � N liF O U J EL Eu U) a w Qro M EL .- z 0 J U N °' 0 o Q N LL rR �L' z � 0 co 0 U] 0 N �o mod - `� F� o o� O L Q 0 =rrnn LL ELca t- as � VJ o w 0 tzQJ=0 Agua Hedionda Sewer Line and Lift Station Project PDP OU-42(C) I SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-051 SUP 10-021 Hd1P 10-03 j) Inundation by seiche, tsunami, or mudflow? Less Than Significant Impact. The project alignment is not situated near or immediately adjacent to an embanked water body such as a reservoir, dam or aboveground storage tank; however the pipeline does cross above the Agua Hedionda Lagoon, which is a coastal body of shallow water formed where sand and low-lying landform presents a partial barrier to the open sea. The proposed lift station however, will be located at a finished floor elevation of approximately 32-feet above mean sea level (MSL). It would be highly unusual (and regionally destructive) for a seiche (a wave or oscillation of the surface of water in an enclosed or semi -enclosed basin that continues from a few minutes to a few hours as a result of seismic or atmospheric disturbances) or tsunami to create a wave to reach that elevation. No significant potential for mudflow on the project site or alignment could result. Therefore, the project has a less than significant potential impact due to seiche or tsunami. k) Increased erosion (sediment) into receiving surface waters. Less Than Significant Impact. Upon completion of construction, the proposed project will not result in any permanent features that will increase erosion or the transportation of sediment into receiving surface waters. During construction soil will be cleared and unearthed which could result in erosion. In order to avoid erosion and transportation of downstream sediment from the project while construction is taking place, as indicated in Section VII(a), the project construction BMPs to be used shall include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, storm drain inlet protection, stabilized construction entrances and exits, hydroseeding or mulching immediately after topsoil placement, waste (including concrete waste) management. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. In addition, compliance with the NPDES and SWPPP requirements as demonstrated with the BMPs identified will ensure that the project will result in a less than significant impact on erosion potential into receiving surface waters of the project. 1) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen -demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Less Than Significant Impact. The proposed project includes installation of an underground sewer pipeline. The pipeline will be constructed of impervious material and thus will not be subject to release of pollutants from the interior of the pipe to the exterior soil environment. The lift station design concept incorporates extensive equipment redundancy for ensuring that equipment failures do not result in wastewater spills. The concept involves a lift station configuration that includes two independent pumping elements. The lift side of the station includes four 5-mgd pumps. The total lift capacity will maximize the use of the capacity of the downstream existing 42-inch gravity sewer. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mad on the force main side. The station capacity is 50 mgd providing 50% redundancy at peak wet weather flow conditions (33-mgd) and over 100% redundancy at peak dry weather flows (21 mgd). In the event that a total failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions and contains power redundancy and significant upstream storage capacity under catastrophic circumstances were they to occur under peak wet weather conditions. The station is also with two independent'electrical circuits, and will include an automatic standby transfer switch in the event of catastrophic power failure. In the event of full regional blackout, emergency power will be provided by an onsite generator. Under such circumstances, the station is designed with alarms to alert officials to the problem and to enact the contingency plans to reduce flow (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity. Agua Hedionda Lift Station and Sewer Line Project .Environmental Initial Study — 815110 73 Agua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) I SP 144(L) /RP 10-261 CDP 10-171 HDP 10-051 SUP 10-021 HAIP 10-03 As previously mentioned, during construction, all graded areas will be improved or landscaped which will minimize erosion. Also, grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. The project will use silt fences, sandbags and straw mulch rolls around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Thus, the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation during construction as well as after the project has been completed. The project construction will also be required to comply with NPDES requirements of the City of Carlsbad. As a result, any construction impacts to water quality into receiving waters, including the Agua Hedionda Lagoon, will be less than significant. m) Changes to receiving water quality (marine, fresh. or wetland waters) during or following construction? Less Than Significant Impact. The northern portion of the project aligmment lies adjacent to, andcrosses above Agua Hedionda Lagoon. Once the new sewer line project is complete, the project also involves the removal of the existing trestle bridge which supports the existing sewer line. Optionally the structure supporting the high pressure natural gas transmission line may be removed. Removal of these existing bridges and their associated numerous narrow bridge support/pilings would have a potentially minor beneficial effect on water transport through the lagoon channel. Thus, it is determined that the fully -constructed project will not result in any significant change (and potentially a minute beneficial effect) on Agua Hedionda Lagoon or any other receiving waters. During construction, all graded areas will implement water quality BMPs in order to minimize and eliminate the potential for changes to receiving downstream waters. For example, grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. The project will utilize silt fences, sandbags and straw mulch rolls around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Thus, . the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation during construction as well as after the project has been completed. As a result of these factors, any changes to receiving water quality during construction would be less than significant. n) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? Less Than Significant Impact. Agua Hedionda Lagoon is listed on the Clean Water Act Section 303(d) list for impaired water bodies for indicator bacteria and sedimentation/siltation. As previously indicated in the discussion regarding Sections VII(a), (f) and (1), the project will result in a less than significant impact on the water quality of Agua Hedionda Lagoon. o) Increase impervious surfaces and associated runoff? Less Than Significant Impact. As discussed in Section VII(c) above, the project will result in temporary changes to drainage along the alignment of the pipeline during construction as the placement of equipment and materials associated with construction activities, as well as the temporary modification. of permeable surfaces and soil movement along the alignment would alter existing runoff patterns. Further, the lift station development will result in on -site modification to the runoff over the 2.3 acres of the lift station. However, on the lift station site, pervious surfaces will be utilized as a site design infiltration BMP. This BMP will capture, retain, and infiltrate a minimum of 80% of runoff into the ground. Therefore minimal runoff associated with the construction of new impervious surfaces at the lift station site would result from the project, and a less than significant impact is assessed. p) Impact aquatic, wetland, or riparian habitat? Less Than Significant Impact. As indicated in the Section IV(b), the proposed project will not directly impact (temporarily or permanently) any wetland or riparian habitats. The project does, however, bridge the Agua Hedionda Lagoon channel. The Agua Hedionda Lagoon channel is an open water habitat subject to state and federal wetland jurisdiction. Aqua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815/10 74 Agua Hedionda Sewer Line and Lift Station Project PDP 00=02(C) I SP 144(L) /RP 10-261 CDP 10-1 i 1 HDP 10-05 /SUP 10-021 HMP 10-03 US Army Corps of Engineers policies dictate that, on coastal bays, jurisdictional wetlands extend to an elevation of 1.5 feet above the mean ordinary high tide level, regardless of the presence or absence of other wetland indicators. The RWQCB, CDFG and the CCC also operate using this definition of wetlands along tidal margins. A review of tide charts for the Carlsbad area indicates that the mean high tide level is 4.6 feet above mean sea level (MSL). Therefore the wetland boundary follows the 6.1 foot above MSL elevation on Agua Hedionda Lagoon in this location. The bottom of the channel under the bridge location is rocky (riprap) and sandy, with no observable indication of eelgrass or other sensitive submerged aquatic vegetation. Thus, the shadow of the bridge will not impact any sensitive wetland habitat. The proposed bridge vertical support footings will be constructed on upland terrain, set at the approximate 10-foot elevation and the horizontal pipe support will fully span the entire length of the channel (the horizontal span will be at approximately 20-foot elevation) from the north side 10-foot elevation support to the south -side 10-foot elevation support. Thus, the project does not encroach or impact on jurisdictional wetlands in this area. Section 10 of the River and Harbors Act however, requires authorization fiom the U.S. Army Corps of Engineers for the construction of any structure in or over any navigable water of the United States. Thus, the proposed channel bridge and removal of the existing trestle bridges will require issuance of a NWP 12 (Utility Line Activities) pursuant to this Act prior to removal of the trestle bridges, or construction of the new bridge. Likewise, water quality certification issued by the San Diego Regional Water Quality Control Board pursuant to Section 401 of the Clean Water .Act, and a state Notification of Lake or Streambed Alteration Agreement pursuant to Section 1602 of the California Fish and Game Code will be required for the same reasons. Also, the riparian scrub habitat occurring near the south end of the project is supported by storm drain outfall passing beneath Avenida Encinas, and would be expected to be considered jurisdictional pursuant to state and federal guidelines. However, a wetland delineation was not performed for this drainage because the project will not result in any impacts to any of the vegetation in this drainage area. Project work near this riparian scrub habitat will occur only on the existing road surface of Avenida Encinas. Also, the project will utilize measures to ensure that soil and construction debris avoids entering this drainage during or after the construction process. It is concluded that a less than significant impact to wetlands or riparian habitat will result from implementation of the project. As a result, the project will result in less than significant impacts to aquatic, wetland or riparian habitats. q) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Less Than Significant Impact. As indicated in Sections VIII(a) and VIII(1), the project will not exceed the applicable surface or groundwater receiving water quality objectives and will not degrade beneficial uses of the Agua Hedionda Lagoon and other receiving water bodies. Thus, impacts would be considered less than significant. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or ❑ ❑ E regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 1771 plan or natural community conservation plan? Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 75 Aqua Hedionda Sewer Line and Lift Station Project PDP 06-02(C) I SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-05 /SUP 10-02I HAIP 10-03 a) Physically divide an established community? No Impact. The proposed project involves the construction of an underground sewer trunk pipeline, a pipeline bridge structure and a sewer lift station, and also involves the demolition of the existing obsolete lift station, the removal of the existing trestle bridge structures, and the removal and filling, of the existing concrete overflow basin. The project is situated within the urbanized area of the city of Carlsbad; however some of the directly -adjacent land uses are open space. The majority of the uses are power plant or industrial oriented, commercial or business park, or transportation, as indicated on the following table. Table 6: Adjacent Land Uses Pipeline Segment Environmental Setting Surrounding Land Uses North Segment Dirt road, disturbed open space; lagoon Railroad tracks, pedestrian trail, Lagoon channel crossing; narrow peninsula wetlands, YMCA youth recreation facility, adjacent to lagoon wetlands. open spaces, aqua farming. Lift Station Previously -graded disturbed and exotic Existing sewer lift station and accessory vegetation, mature eucalyptus grove. facilities, pedestrian trail, railroad tracks, Power plant accessory driveways and uses. Middle Segment Dirt road, adjacent patches of coastal Power plant accessory driveways and uses, sage scrub, concrete and metal factory railroad tracks, pedestrian trail, public materials, commercial retail and hotel street, hotel, restaurants, convenience store uses. and gas station. South Segment Public streets, urban commercial, Urban commercial and industrial business park and industrial development, and associated parking lots development. and landscaping. The proposed project will result in no permanent aboveground structures, except the previously -mentioned lift station and bridge structure (and manhole lids — which will be visible only from passersby in close proximity). As a result, no impact would occur that would disrupt or divide the physical arrangement of the established community. b) Conflict with -any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The General Plan and zoning of the property allows for the proposed land uses. The entire property is within the coastal zone and the northern portion of the project alignment is within the boundaries of Specific Plan-144. Project compliance with each relevant land use document is examined below: General Plan. The project travels through property with several different General Plan Land Use designations. These designations are; TC (Transportation Corridor), U (Public Utilities), T-R (Travel -Recreation Commercial, and Secondary Arterial Roadway. All of these designations contain policies which allow public infrastructure as a permitted use and the use would not conflict with these designations. The land use designations will not be changed through implementation of the project. The Land Use Element further requires that public facilities be provided in the city adequate for the projected population. The project complies with these provisions by providing the allowed sewer lines consistent with General Plan policies. 2. Zoning Ordinance. The subject project travels through property that has several different City zones. These zones are; T-C (Transportation Corridor), O-S (Open Space), P-U (Public Utility), C-T-Q (Commercial Tourist — Qualified Overlay), C-1 (Neighborhood Commercial) and Arterial Roadway. All of these zones allow public infrastructure improvements as a permitted use. Therefore the project will not conflict with the Zoning Ordinance or unduly preclude the future use of parcels consistent with the Zoning guidelines. 3. Coastal Act Compliance. The project is located within the California Coastal Zone, specifically within the Agua Hedionda and the Mello II segments of the adopted Local Coastal Program (LCP). The portion of the project north of Cannon Road is in the Agua Hedionda segment, and south of Cannon Road is in the Mello II segment. While the Agua Hedionda Land Use Plan has been adopted by the City of Carlsbad, no Implementation Plan has been certified by the California Coastal Commission to date, and thus the Coastal Commission retains coastal Avua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 76 Agua Fledionda Sewer Line and Lift Station Project PDP 00=02(C) ./SP 144(L) /RP 10-261 CDP 10-171 HDP 10-051 SUP 10-021 HMP 10-03 permit authority for improvements within this segment. The Agua Hedionda land uses are generally consistent with the Carlsbad General Plan land uses for the project alignment within the Agua Hedionda LCP segment. The Mello II Land Use Plan designates the entire alignment length south of Cannon Road as Secondary Arterial Roadway. Public infrastructure projects are allowed in all of these respective land use designations. The proposed project is consistent with this policy. Also, a number of adopted City LCP policies address water quality/erosion control required of project's within the Coastal Zone. Compliance of the project in relation to these policies is as follows: a. Agua Hedionda LCP Policy 5.1 Public Works. The project complies because this policy dictates that all new utility systems shall be placed underground as feasible and commonly practiced, and the project is almost totally and underground project, as commonly practiced. b. Agua Hedionda LCP Coastal Act Policy .30230 Marine Resources. The project complies because the project avoids impacts with marine resources. The project protects uses of the marine environment in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes c. Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact biological production and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health through, among other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventing depletion of groundwater supplies and substantial interference with surface water flow, vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. d. Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas. The project complies because environmentally sensitive habitat areas (ESHA) will be avoided to the degree feasible and the small edge -areas of DCSS impacted are not considered ESHA because they are not rare or especially valuable because they are situated in a series of small, fragmented, isolated patches, surrounded by a highly urbanized, industrialized environment. Further, the DCSS impacts will be fully mitigated with in -kind creation, and will thus be protected against any significant disruption -of habitat values. e. Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally"Sensitive Habitat Areas. The project complies because development proposed in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas will be sited and designed to prevent impacts which would significantly degrade such areas. f. Carlsbad LCP Mello H Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. g. Carlsbad LCP Mello H Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any increase in impervious area, the city will include requirements in the coastal development. permit approval to allow inspection and maintenance of the BMPs, the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut -and -fill). Also, the project description proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. Lift station site design BMPs will include a multiple -treatment program, including four different treatment systems.; (1) a vegetated or river rock Swale located along the southeast side of the project which will treat runoff from the site through filtering by the vegetation in the channel, .filtering through a subsoil matrix, and filtration into the underlying soils, (2) an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants, (3) pervious surfaces; which will allow infiltration of oils and other pollutants into the earth rather than running offsite, and (4) an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 77 11 1 Agua Hedionda Sewer Line and Lift Station Project PDP 06-02(C) ISP 144(L) /RP 10-26/CDP 10-171HDP 10-051SUP 10-02/HMP 10-03 h. Carlsbad LCP Mello H Policy 4-4 Removal of Natural vegetation. The project complies and will not significantly contribute the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. i. Carlsbad LCP Mello H Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. j. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The project complies sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Zoning Ordinance Chapter 21.203.040(B)(4). The project complies because the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city's grading ordinance, storm water ordinance, standard urban storm water mitigation plan (SUSMP) dated April 2003 and as amended, and the master drainage plan dated 1994, as those documents are certified as part of the city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation shall become an element of the project and shall be installed prior to the initial grading. Carlsbad Habitat Management Plan (HMP). Both the LCP Land Use Plans and the HMP have strict policies to discourage destruction of sensitive habitat, including no net loss of sensitive habitats and significant restrictions on disturbing wetlands. The project is situated in an urbanized area and will mitigate for impacts to sensitive habitat as indicated in Section IV of this environmental analysis. The project proposes no disturbances to wetlands. Further, as discussed in Section VIII, the project will not result in additional urban runoff, pollutants, erosion or sedimentation as no grading is proposed and no new uses will be constructed. Specific Plan 144(J). In 1998, the City Council adopted a Resolution of Intention (ROI Reso. No. 98-1.45), directing city staff to study and consider a comprehensive land use plan for properties within Specific Plan 144 (SP-144), an area of approximately 650-acres encompassing the Encina Power Plant, Agua Hedionda Lagoon, and adjacent lands. The northern one-third of the project is situated within the SP-144 area. The purpose of this ROI was to resolve the many land use issues associated with the properties within the SP-144 area, including reconciliation of inconsistent zoning and land use designations, resolution of outstanding LCP issues regarding open space and access, and revision of out -dated plans that did not accurately show existing structures and improvements. The study was not done, but subsequent actions of the City Council reconfirmed that a comprehensive specific plan update is necessary, and that it should be applicant, rather than city -initiated. While the proposed Agua Hedionda Sewer Line and Lift Station project is an improvement partially within SP- 144, it is not subject to the comprehensive update requirement because it does not trigger or significantly impact the land use, public access and other issues of concern identified in the 1998 NOI. Specifically, the project is not subject to the comprehensive update requirement for the following reasons: a. The project improves major regional infi-astructure that cannot be feasibly relocated. The project will replace existing facilities which have reached the end of their useful life. b. The lift station and sewer line are not significant new land uses; they would improve existing like facilities and would be constructed in generally the same locations as those existing facilities. They would be located in an existing utility corridor bordered on the west side by the railroad. The majority of the pipeline portion of the project within SP-144 would be undergrounded. Furthermore, care has been exercised in the design of above -ground structures such as the proposed lift station that features a low profile and partially buried structure and the replacement bridge for the sewer line. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 78 Agua Hedionda Sewer Line and Lift Station Project PDP 00=02(C) I SP 144(L) /RP 10-261 CDP 10-171 HDP 10-05 /SUP 10-02 /HAIP 10-03 c. As a replacement and expansion of existing, like utility uses in generally the same location, the project would not represent a new, significant impediment to addressing the issues identified in the ROI, including land use and public access. d. The project proposes no changes to general plan land use or zoning designations or any conditions or policies of SP-144. e. As discussed in this section, the project complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad. Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines. f. The project would result in only minor changes to SP-144(J) and PDP 00-02(B) in the form of text and graphic changes that merely recognize the proposed improvements. Consistent with the most recently adopted version of the specific plan, SP 144(J), and PDP 00-02(B), these minor changes are considered "formal amendments" to the documents. Since the project would not require a comprehensive update, it instead proposes an amendment to SP-144. The amendment enables the project to continue to be a part of SP-144 and subject to any future comprehensive review. An amendment is also required by SP- 144(J), which specifically requires such for any formal amendment to PDP 00-02(B), further discussed below. 7. Precise Development Plan 00-02(B). The project will require a formal amendment to the Precise Development Plan (PDP) 00-02(B) pursuant to Section VI of that document. Formal amendments are required for all but generally minor improvements. This PDP covers approximately all 95 acres of the Encina Power .Station, extending from Carlsbad Boulevard to Interstate-5 along the south shore of Agua Hedionda Lagoon. The PDP is the primary approval process for the public utility uses within this primarily electrical -generating area. Developments within the Public Utility Zone necessitate approval of a PDP. Since the proposed use replaces an allowed use in the PDP, the amendment will consist of text and graphic changes to update the PDP to reflect the proposed improvements. It is not anticipated that the project would trigger revisions to PDP standards. 8. South Carlsbad Coastal Redevelopment Plan. The portion of the project located within the Public Utility Zone is located within the South Carlsbad Coastal Redevelopment area, and thus this portion of the project will require a redevelopment permit from the City of Carlsbad Housing and Redevelopment Commission. 9. Airport Land Use Compatibility Plan (ALUCP). The project has been reviewed by the San Diego County Regional Airport Authority and the City of Carlsbad has received correspondence that no further Airport Land Use Commission review is necessary, per the requirements of the McClellan -Palomar Airport Land Use Compatibility Plan (ALUCP) Carlsbad, CA, March 4, 2010. Thus the project is considered consistent with the Airport Land Use Compatibility Plan. As a result of these factors, it is determined that the proposed project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the ,project, as indicated, and no impact is assessed. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad Habitat Management Plan (HMP) designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. In addition, the project is also located within the California Coastal Zone and the Mello II and Agua Hedionda segments of the adopted Local Coastal Program (LCP). No other local, regional or state habitat conservation plans specific to this site encumber the property. The project crosses HMP Core 44, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. The project however, will mitigate for impacts to vegetation communities protected by that HMP, as discussed in IV (a) above. The HMP contains a number of Adjacency Standards that specifically apply to projects adjacent to sensitive habitat. As this project is located in the Mello 11 Land Use and Implementation Plan segment of the City's Local Coastal Program, it is Agua Hedionda Lift Station and Sewer Line Project Environmentallnitial Study — 815110 79 Ag cta Hedionda Sewer Line and Lift Station Project PDP 00-0 2(C)1 SP 144(L)1 RP 10-261 CDP 10-1 71HDP 10-051 SUP 10-021 HA1P 10-03 subject to these policies. However, since the project does not permanently disturb any sensitive habitat, the majority of these policies do not apply. 1. Fire Management. The project is proposing only two above -grade structures, the sewer lift station and the Agua Hedionda Lagoon channel bridge structure. As a result of the specific characteristics of these structures, neither of these structures will necessitate a fire suppression or "clear area" around them. As a result the project does not result in impacts that would affect Fire Management. 2. Erosion Control. The project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will provide a multiple - treatment erosion control program, including a vegetated Swale located along the southeast side of the project -which will treat runoff from the site through filtering by the vegetation in the channel, filtering through a subsoil matrix, and filtration into the underlying soils; an on-line underground wet vault structure which will provide storage for site runoff and improve the settling of particulate stormwater pollutants; pervious surfaces, which will allow infiltration of oils and other pollutants into the earth rather than running offsite; and an infiltration basin located at the south end of the site, which will infiltrate stormwater and will use the natural filtering ability of the soil to remove pollutants from stormwater runoff. The project will not direct any new surface drainage directly into Agua Hedionda Lagoon. 3. Landscaping Restrictions. The proposed project will impact approximately 0.05 acres of Diegan coastal sage scrub (sensitive biological habitat). It will also involve grading of areas in proximity to sensitive habitat. This grading will be landscaped with native, non-invasive species for erosion control purposes. Upon completion of the pipe installation, all open -trenched areas will be re -vegetated to the state the area was in prior to construction. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because only low intensity security lighting will be provided on the lift. station. Permanent fencing is only proposed around the lift station for security purposes. No pennanent fencing is proposed for the balance of the proj ect. 5. Predator and Exotic Species Control. The project would comply with this standard in the following ways: (1) the project will mitigate for permanent impacts to biological resources, and thus will not affect the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts will be minimized through coordinated placement of excavated soil and storage of machinery and materials as indicated in Section IV(a), The HMP also includes Additional Conservation Standards to be applied to properties in the Coastal Zone (Policies 7-1 through 7-14). The following is an analysis of compliance with these Conservation Standards: Policy 7-1. The project complies because it does not encroach into or propose construction in an environmentally sensitive habitat area (ESHA). ESHA is defined in the Coastal Act Sect. 30107.5 as; "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. The project avoids impacts to sensitive habitats, with the exception of minor slivers of DCSS. The DCSS is surrounded by a highly urbanized environment, and thus are not rare, nor are they especially valuable to the ecosystem which has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project does not impact ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.09 acres of sensitive biological habitats that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, the only portion of the project that is within a hardline open space is the Agua Hedionda channel bridge, which is situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study —815110 80 J °q Aa ua Hedionda Sewer Line and Lift Station Project PDP 00-02(C)1 SP 144(L) /RP 10-261 CDP 10-171HDP 10-05/SUP 10-02 /H[l1P 10-03 2. Policy 7-2. The project complies because it mitigates for impacts to DCSS through 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also provides an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. This 0.09 acre; of DCSS revegetation is expected to occur within and around the eastern half of the demolished, filled -in. existing lift station overflow basin, but could occur in a different location in the area. Thus, as a result of the inclusion of Mitigation Measures BIO-1 and BIO-2, the project will result in no -net -loss of DCSS. 3. Policy 7-3. The project complies because it does not: impact any Oak Woodland vegetation. 4. Policy 7-4. The project complies because it does not: impact any streamcourse. 5. Policy 7-5. The project complies because it does not: impact any ephemeral drainage or ephemeral stream. 6. Policy 7-6. The project complies because it does not: impact any delineated wetlands. 7. Policy 7-7. The project complies because the only impact to wetlands from the project is the removal of the trestle bridge(s) and trestle footings and their replacement with the new bridge (which will span_ over the top of the wetlands). Thus, the temporary construction impacts to wetlands are not permanent and the project will result in -no loss of wetland. 8. Policy 7-8. The project complies because the impacts to DCSS are incidental and will be fully mitigated and no impacts are proposed to Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 9. Policy 7-9. The project complies because it does not impact CSS, Southern Maritime Chaparral, Maritime Succulent Shrub, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 10. Policy 7-10. This policy is not applicable because the project is not highly constrained (i.e.; is less than 80% constrained), and thus the project is in compliance with this policy. 11. Policy 7-11. The project complies because all proposed structures (except for the proposed bridge across the Agua Hedionda Lagoon channel) will maintain in excess of the minimum 100-foot wetland setback, and in excess of the minimum 20-foot setback from all DCSS. The bridge structure however, is location dependent because no feasible alternative location exists for the bridge, and by -definition, it must cross the channel. Further, the bridge will replace an existing bridge which will be removed. Thus, a reduction in setback for the bridge will be necessary. With this anticipated reduction in setback for the location -dependent bridge, the project is in compliance with this policy. 12. Policy 7-12. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 13. Policy 7-13. This policy is not applicable to the project because the project is not located on lands adjacent to Macario Canyon and Veterans Memorial Park. 14. Policy 7-14. This policy is not applicable because the project is not located on any of the properties identified. The project would minimize and mitigate for impacts to sensitive vegetation and would not affect the functioning of the hardline open space area including the Agua Hedionda Lagoon and thus is considered consistent with the City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. Therefore, with the implementation of the proposed mitigation measures, as stated in Section IV — Biological Resources, above, any potential impacts would be less than significant. AguaHedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 81 A; ua Ifedlonda Sewer Line and Lift Station Project PDP 00-02(C) ISP 144(L) /RP 10-261CDP 10-171IIDP 10-OSISUP 10-021HAIP 10-03 ENVIRONMENTAL IMPACTS TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XI. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral El 0 El Z resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important El n El Z mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of future value to the region and "the residents of the State? No Impact. No known or expected mineral deposits of future value to the region and the residents of the state are located in the immediate vicinity of the subject project. The Geotechnical Revaluation Agua Hedionda Lift Station and Force Main, Carlsbad. California, dated August 3, 2009, by Ninyo & Moore, concludes that the project alignment is generally underlain by fill, alluvium, old paralic deposits, materials of the Santiago Formation and terrace deposits. Fill soil is presumed to have been placed in the area in conjunction with grading for the adjacent land uses, including the railway, building pads associated with the power plant, commercial structures, and roadways. The fills are generally expected to be relatively shallow; however fills placed to construct the railroad where the proposed pipe bridge across the Agua Hedionda Lagoon channel is proposed may be up to 35 feet deep. These fill soils would be expected to have a low potential for mineral resources. Alluvial deposits also underlay the area around the Agua Hedionda Lagoon. The materials generally consisted of light olive gray to dark brown, poorly consolidated, sands and silty sands. In Iocations where the pipe bridge is proposed to cross Agua Hedionda Lagoon, at the north and south abutment locations, the alluvium is anticipated to extend to depths of about 150 feet and 75 feet deep, respectively. These alluvial soils would be expected to have a low potential for mineral resources. Pleistocene -age terrace deposits were observed along the west side of Avenida Encinas, south of Palomar Airport Road and along the railroad right of way south of Cannon Road. The materials observed generally consist of light brown to reddish - brown, damp, loose to dense, silty, and fine to medium -grained sand. The terrace deposits are expected to underlie the surficial soils across the project site. In previous excavation in the area, these Pleistocene -age deposits are not known to have a significant potential for mineral resources. Further, the project alignment does not cross any area of mineral resources as identified in the City of Carlsbad's General Plan Update MEIR 93-01, dated March 1994, map 5.13-1. As a result of the minor amount of trenching excavation and disruption of the surface of the land that will result from the proposed project, no impact to the potential for valuable mineral deposits is anticipated from the project. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. The subject site is not designated on the City of Carlsbad General Plan or the Zoning Ordinance, or in Specific Plan-144 as a locally important mineral resource recovery site. As a result of the fact that the City has not designated the subject property as an important mineral resource recovery site in any regulatory land use document, it is determined that implementation of the proposed project will not result in the loss of availability of a locally important mineral resource recovery site. Since no adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, designate the subject site as a mineral resource recovery location, it is concluded that no impacts would occur as a result of implementation of the project. Agua Hedionda Lift Station and Sewer Line Project Environmental -Initial Study — 815110 82 Abu« Hedionda Server Lute and Lift Station Project PDP 00-02(C) ISP 144(L) /RP 10-261 CDP 10-171 HDP 10-05 /SUP 10-021Hd1P 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated ZII. NOISE -Would the project result in: a) Exposure of persons to or generation of noise; levelsEl in excess of standards established in the local ;general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan 171 or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. Presently' the primary noise source in the vicinity of the proposed project alignment is noise generated by vehicular traffic on I-5, Avenida Encinas, Cannon Road and Palomar Airport Road and Carlsbad Boulevard, trains on the BNSF railroad tracks, and Encina Power Plan equipment. Upon completion of construction, the sewer line will be underground and will not generate any perceptible noise. The lift station will however, generate noise. Noise has been simply defined as "unwanted sound". Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A -weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise sources by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear. The Community Noise Equivalent Level (CNEL) is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over a 24 hour period. The time of day corrections require the addition of 5 decibels to sound levels during the evening hours (between 7 PM and 10 PM) and the addition of 10 decibels to sound levels at night (between 10 PM and 7 AM). These additions are made to account for the noise sensitive time periods during night hours when sound appears louder due to less ambient noise. The Noise Element of the City of Carlsbad General Plan identifies certain sound levels that are compatible with various land uses. The Carlsbad Draft Noise Guidelines Manual, dated 1989, which is used to implement the Noise Element Agua Hedionda Lift Station and Sewer Line Project Etndronmental Initial Study — 815110 83 Agtla Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-051 SUP 10-021 HAIP 10-03 requirements, indicates that sound levels up to 60 dBA CNEL are compatible with residential land uses. Residential land uses are the closest "noise sensitive" land uses to the alignment of the proposed project. The proposed lift station is not located in the close proximity to residential housing developments or other sensitive receptors. The land uses around the lift station are industrial (power generating plant) in nature, which is considered in the Noise Guidelines Manual as a "General Industrial, Manufacturing or Utilities" land use. Noise exposure levels for this use are higher than those allowed for residential uses, up to 80 dBA CNEL as being "conditionally acceptable". The future Coastal Rail Trail bicycle and pedestrian trail is proposed approximately 50-100 feet westerly (the exact location is not yet known) of the lift station structure. However these pedestrians would also be subjected to extreme noise levels (several times louder than the lift station equipment) from passing coaster trains on the adjacent railroad tracks and equipment on the adjacent Encina Power Plant site. Table 7.• Noise Exposure Limits to Land Uses in the Vicinity of the Lift Station Use dBA CNEL Limit Proximity to Lift Station Pedestrian Trail 65 dBA CNEL 50 feet away hldustrial 80 dBA CNEL 70 feet away Residential 60 dBA CNEL 1,800 feet away Mechanical components within the lift station have the potential to exceed the 65 dBA noise level typically allowed for pedestrian trails, neighborhood parks, and similar open space recreation uses. These components are; supply and exhaust fans, air conditioning unit, and emergency generator(s). However, the below -grade design of the lift station will reduce potential noise impacts significantly, and additional noise abatement measures for this equipment will include sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. The industrial limit of 80 dBA is significantly higher than the residential or pedestrian trail limits, and no significant impacts to the industrial power plant uses are anticipated based on the anticipated noise levels from the lift station. With regard to residential, the nearest residences (60 dBA limit) to the lift station site are located across (on the north side of) the Agua Hedionda Lagoon, in the neighborhoods on Aguila Street and Kalpati Circle, a linear distance of 1,800 feet. The noise generated by lift station operations will not be perceived by these residents. Construction of the project (particularly the lift station grading, and trenching along the entire project length) will increase temporary ambient noise levels. Two types of construction related noise would occur: • Noise generated by stationary construction equipment operating along the project alignment, and • Noise generated by construction related trucks along the alignment. Construction noise levels for nearby receptors such as residential units generated by construction equipment can vary substantially depending upon a number of factors. These factors include the number and type of equipment in operation at any given time, as well as the distance and intervening topography between the construction area and the receptors. As a result of the relatively large size of the pipeline (54-inch diameter) and the trench depth (up to 20 feet), any given nearby location along the pipeline alignment could be subjected to construction noise for a few weeks while pipeline construction progresses toward and then past that location. Construction equipment to be used for the project is estimated to generate temporary short term noise levels of up to 80 dBA at a 50 foot distance. The nearest residential units will be approximately I I0-feet east of the trench location at the closest point (northermnost point of the proposed project). This noise level drops off approximately 6 dBA per doubling of distance. Therefore, at 100 feet horizontal distance, the short term construction dBA could reach 73 dBA. Since the CNEL scale is 24-hour weighted, and work will only take place primarily within the day hours, the CNEL dBA for construction -related impacts to the closest residences will not exceed allowed limits. Further, it should be recognized that residences in this location are subjected to extreme noise levels (several times louder than the construction equipment) from passing coaster trains on the adjacent railroad tracks and from ambient noise from vehicular traffic travelling on nearby I-5. Project -related construction noise would also include noise generated by construction truck activity on public streets. The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction, except for Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 84 Agua Hedionda Sewer Line and Lift Station Project PDP Oa-02(C) /SP 144(L) /RP 10-261 CDP 10-171HDP 10-OS/SUP 10-02 /HMP 10-03 certain very limited construction activities that do not create disturbing, excessive or offensive noise after sunset and before 7:00 AM. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dBA for more than 8 hours during any 24-hour period. Noise from haul trucks travelling along the project alignment would generate noise levels of up to 76 dBA at a distance of 50 feet. These noise levels would diminish rapidly with distance from the project alignment at a rate of approximately 6 dBA per doubling of distance (70 dBA at 100 feet, etc.). Nighttime construction may be employed for the recycled water line crossings of the Cannon Road intersection and the Palomar Airport Road intersection. Construction necessitating use of moderate noise -producing equipment such as small excavators, backhoes, flat bed truck and dump truck, and including pneumatic tools with compressor will be used during this limited nighttime operation. Pursuant to adopted City policy, nighttime construction must comply with the noise restrictions articulated in Carlsbad Municipal Code Section 8.48.010, which stipulates allowance for limited nighttime construction pursuant to issuance of a City Manager -issued permit subject to findings that residences within 1,000 feet of the construction will not be unduly impacted by noise from the construction_ As a result of these factors, it is determined that both operational and construction noise levels generated by the project are anticipated to comply with City of Carlsbad Draft Noise Guidelines Manual land use noise levels, the City permitted construction noise levels and hours, and County of San Diego Noise Policy standards. As a result, a less than significant impact is assessed. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Less Than Significant Impact. Construction of the project will generate temporary ground -borne vibration and noise levels typical of soil movement and hauling activities from operations of earthmoving equipment, tunneling machines and other large construction vehicles. However, these activities will be temporary in nature. Ground -borne vibration or ground -borne noise levels associated with the project would have a less than significant impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The sewer line will be underground and will not generate any perceptible noise. The proposed project lift station will include equipment components which will have the potential to exceed the levels of noise without the project. These components are; supply and exhaust fans, air conditioning unit, and emergency generator(s). Noise abatement measures for this equipment will include; undergrounding much of the lift station structure, sound enclosures and insulation, noise attenuation panels around generator rooms, and exhaust manifold silencers for the generators. Further, the lift station is located away from sensitive residential receptors, and in an area which is adjacent to and thus directly subjected to extreme noise levels (several times louder than the lift station equipment) from passing coaster trains on the adjacent railroad tracks, and ambient noise from I-5 and Carlsbad Boulevard traffic. Thus, as indicated in Section XI(a), the increase in ambient noise levels from the lift station is considered a less than significant impact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. During construction, the project would generate temporary increases in noise levels in the immediate area of the construction activities. As indicated in Section XI(a), construction equipment would generate noise levels of up to 80 decibels at a 50 foot distance. As a result of the relatively large size of the pipeline (54-inch diameter) and the trench depth (up to 20 feet), any given nearby location along the pipeline alignment could be subjected to construction noise for a few weeks while pipeline construction progresses toward and then past that location. The nearest residential units will be approximately 110-feet east of the trench location at the closest point (northernmost point of the proposed project). Again, it should be recognized that residences in this location are subjected to extreme noise levels (several times louder than the construction equipment) from passing coaster trains on the adjacent railroad tracks, and from vehicular traffic travelling on nearby I-5. While project construction will create temporary increases in ambient noise levels, noise would only be generated during daytime hours (except for limited nighttime installation of the recycled water line across the lanes of Cannon Road and Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 85 Aqua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) I SP 144(L) /RP 10-261 CDP 10-171 HDP 10-05 /SUP 10-021 HAIP 10-03 Palomar Airport Road, subject to issuance of a City Manager permit), and any sensitive receptors (such as nearby residences) would only be exposed to construction noise during the few weeks the sewer line is being trenched and installed nearby any given residence. For this reason, impacts associated with temporary increases in noise levels are considered less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. The extreme southern end of the proposed sewer line alignment is located 1.96 miles from the western property line of McClellan Palomar Airport, and 2.10 miles from the runway of that airport. The southern end of the project alignment, from the approximate mid -point between Cannon Road and Palomar Airport Road to the EWPCF is located within the Airport Influence Zone as.outlined in the McClellan -Palomar Airport Land Use Compatibility Plan (ALUCP), adopted January 25, 2010 and amended March 4, 2010, prepared by SANDAG. No section of the proposed project is situated within an identified Airport noise contour zone. The nearest zone contour (60-65 dBA CNEL) is located on the east side of I-5. The ALUCP also includes a Safety Policy Map. The subject project is not located in any of the identified safety hazard zones. As a result of the above factors, no restrictions are placed upon the subject use within this contour. Except for the lagoon bridge and above -grade portions of the sewer lift station outside the Airport Influence Area, the proposed project is a wholly -underground allowable use. Thus, the proposed sewer line use is considered compatible with the ALUCP. As a result, the project will not result in subjecting people residing or working in the project area to excessive noise, The project will not create any perceptible noise. Therefore, a less than significant impact is assessed. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. No private airstrip exists in the vicinity of the subject project. As a result, no impacts will occur from implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly El Z El (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elseowhere? a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The project alignment travels through the City of Carlsbad's LFMP Zones I and 3. The project does not propose the construction of any employment generating or residential uses that would induce population growth in the area. While the project would improve the quality and capacity of the V/C Sewer Line, the improvements are proposed in response to the anticipated growth in the sewer service area, in accordance with the adopted General Plans of 11 Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Studv - 815110 86 A;ua Hedionda Sewer Line and Lift Station Project PDP 00=02(Q /SP 144(L) /RP 10-26 /CDP 10-17/HDP 10-05 /SUP 10-02 /HAP 10-03 the north Carlsbad and the Vista cities. Thus the project is considered a response to anticipated growth in the service area, not an inducement of growth. No population increase would result from implementation of the proposed project. As a result of the fact that the project would not induce growth, it would also not lead to secondary impacts on the environment associated with induced growth. As a result, the impacts from the project are considered less than significant. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The project will not result in the elimination of any residential units, and no impact associated with the removal of existing housing would occur. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. No people or houses Will be displaced by implementation of the project. No residences exist within the alignment of the proposed project and no replacement housing will be needed. Therefore, no impacts associated with the construction of replacement housing would occur from the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact ILnpact Unless Impact Mitigation Incorporated XIV. PUBLIC SERVICES a) Would the .project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? 17 ii) Police protection? ❑17 iii) Schools? iv) Parks? ❑17 v) Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Less Than Significant Impact. The project alignment is located within the Zones I and 3 LFMP areas. City of Carlsbad Fire Station No. 1 (1275 Carlsbad Village Dr.) serves the northern portion of the subject alignment, and Fire Station No. 4 (6885 Batiquitos Dr.). The subject project alignment is considered by the Carlsbad Fire Department to be within an effective fire response time (within five minutes) of these stations. The project proposes no business or residential uses. The majority of the project will be installed underground and will thus not be subject to significant fire risk. The two Aqua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 87 Agua Kedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-26/CDP 10-17/1[DP 10-05/SUP 10-02/HMP 10-03 structures proposed in conjunction with the project, the lift station and the channel bridge will be almost totally fireproof, inasmuch as the lift station will be constructed with cured -in -place concrete walls and metal roof and doors, and the bridge will be constructed of concrete supports and steel bridge. The presence of approximately 20 construction workers (during the project construction period) at any single time could create the potential for a construction accident or other medical emergency to occur, and could require response from the appropriate fire station. This potential however, would not necessitate the need for new or altered fire protection facilities or additional staff. Fire protection impacts will be less than significant. ii. Police protection? Less Than Significant Impact. The Carlsbad Police Department (CPD), located at 2560 Orion Way, services the entire city of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six -minute maximum response time anywhere within the city limits. The project dos not propose any residential or business uses; therefore, the proposed project would not represent an increase in demand on CPD resources. During the project construction period, theft or vandalism at the construction site or the staging areas could require a response from CPD. While the likelihood of occurrences is unknown, their number is expected to be low. Temporary security lighting and other security measures will be used at the staging areas where construction equipment could be stored, and this is expected to discourage vandalism or theft. As a result of the fact that the project would not result in the construction of residential or business structures, the likelihood of other police -dependent incidents would be low, and the project will not require the need for new or altered police protection facilities or additional staff. Police protection impacts will be less than significant. iii. Schools? No Impact. The project will not include the construction of any components that would result in an increase in population or students. Also, no portion of the project alignment would be located adjacent to a school facility. The nearest school facility to the proposed project alignment is Jefferson Elementary School at the corner of Jefferson Street and Tamarack Avenue. Since no increase in demand for school services will occur, and construction activities will not interfere with any school facilities, no impact to school services will result from the project. iv. Parks? No Impact. The project will not include the construction of any components which would create an increase in demand for parks. The nearest park is the Carlsbad State Beach, which is 650 feet westerly of the northern segment of the project alignment. As a result of the fact that no increase in demand for parks will result, and that construction activities will not interfere with existing park facilities, no impacts to park facilities would occur from implementation of the project. V. Other public facilities? No Impact. The proposed project does not include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. The project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system. The project will not generate a need for other governmental services, such as libraries, hospitals, or public housing. Construction of the project will not increase or generate the need for any of these public facilities or services. For these reasons, it is concluded that the project will result in no impacts associated with the provision of or maintenance of public facilities. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 88 Aqua Hedionda Sewer Line and Lift Station Project PDP 00-02(() /SP 144(L) /RP 10-26 /CDP 10-171HDP 10-05 /SUP 10-021HB1P 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or- other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ❑ M M M require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a) Would the project increase the use of existing; neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project does not include the construction of any population inducing uses, such as residential, commercial or employment -opportunity business uses. As such; no increase in demand for neighborhood or regional parks or other recreational facilities would be expected to occur from the project. The project alignment is sufficiently distant (650 ft.) from the Carlsbad State Beach that pipeline facility construction operations would not impact the existing use of the beach park. Thus, the project will generate no residents or workers and thus would not increase demand for parks. It will also create no construction impacts on nearby parks. As a result, no impacts would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Impact. The project does not feature the construction of any recreational facilities, thus no impact associated with the construction or expansion of recreational facilities would occur. It also does not create any demand for recreational facilities because it does not generate any population, and therefore no housing or employment requirements. The project is designed to accommodate [does not preclude] the future Coastal Rail Trail, a Citywide community pedestrian trail which is anticipated to be aligned across the lagoon channel bridge, and along the BNSF railroad ROW. For these reasons, it is concluded that no impacts to recreational facilities would occur as a result of implementation of the project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy M M M establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Aa ua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 89 Agua Hedionda Sewer Line and Lift Station Project PDP 00=02(C) I SP 144(L) /RP 10-261 CDP 10-171 HDP 10-051 SUP 10-021 HAIP 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including 171 either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to .a design feature 17 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 171 f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass .transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. The project operations will not generate any observable traffic, other than daily visits for observation monitoring by a wastewater technician and infrequent maintenance operations. Vehicular trips associated with project construction activities would be made up of an estimated 20 commuting construction workers, and haul trucks used for transferring soil, gravel, and materials. The construction workers would account for approximately 20 round trips per day (40 ADT) for the 18 month period, and haul truck trips are estimated to occur at a rate of 40 round trips per day (80 ADT) for 60 total days of soil hauling. These total 120 ADT would travel on the local public roadway system, and would thus increase the traffic by 120 ADT on adjacent roadways during this temporary 60-day soil hauling period and an estimated 40 ADT for the balance of the 18 month construction period. Upon completion of the project, the project will not generate any measurable traffic. Neither construction traffic increase would result in significant traffic congestion. The street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The project is consistent with the Carlsbad General Plan, Zoning Ordinance, Specific Plan 144, and the Carlsbad Local Coastal Program, Project operations will not significantly interfere with vehicular traffic, or with mass transit and non -motorized travel. Open trenching for the sewer line will be necessary in some areas. This trenching will take place within the center median and center lanes of Avenida Encinas. It may include a temporary closure (except for local access) of small sections of Avenida Encinas south of Palomar Airport Road. Standard, approved traffic controls will be utilized during the construction so that traffic can continue to use convenient, parallel streets during the construction period. Major streets that are crossed by the proposed project include Palomar Airport Road and Cannon Road. Sewer pipeline installation across these streets is proposed via micro -tunneling and horizontal directional drilling (HDD) (respectively) construction methods. Open trenching across the Cannon Road and Palomar Airport Road intersections for the recycled water line will take place in one -lane segments so that only a single lane is closed to traffic at any time. Some of this work may be done during nighttime hours to minimize disruption to traffic flow and business operations. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. As a result, no significant impact to traffic circulation on these major streets should result. The project will not cause a substantial increase in traffic, and a Mess than significant impact is assessed. Aga Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 90 Asua Hedionda Sewer Line and Lift Station Project PDP 06r 02(C) I SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-05 /SUP 10-02I HMP 10-03 b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? No Impact. The San Diego Association of Govermnents (SANDAG), acting as the County Congestion Management Agency, has designated three roads (Rancho Santa Fe Road, El Camino Real and Palomar Airport Road) and one highway segment in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad are: Table 8: Regional Circulation Roadways in Carlsbad Roadway LOS Rancho Santa Fe Road A — D El Camino Real A — D Palomar Airport Road A — D SR 78 F The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable LOS "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout of Carlsbad and surrounding communities. The buildout ADT projections above are based on the full implementation of the region's general and community plans. The proposed project is a permitted open space use and is consistent with General Plan land use Regional Commercial designation for the project site; therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable LOS "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highways and implementation of the CMP strategies, the designated streets will function at acceptable level(s) of service in the short-term and at buildout. Pipeline construction at Palomar Airport Road will be through microtunnel construction technique, which will avoid any impacts to the traffic or level of service on Palomar Airport Road. As a result, the project will not exceed or significantly impact the level of service standard established by the county SANDAG representatives on regional roadways in Carlsbad. Thus the project will not conflict with an applicable congestion management program, including level of service standards and travel demand measures, or other traffic standards. c) Result in a change in air traffic. patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? No Impact. The extreme southern end of the proposed sewer line alignment is Iocated 1.96 miles from the western property line of McClellan Palomar Airport, and 2.10 miles from the runway of that airport. The southern end of the project alignment, from the approximate mid -point between Cannon Road and Palomar Airport Road to the EWPCF is located within the Airport Influence Zone as outlined in the McClellan -Palomar Airport Land Use Compatibility Plan (ALUCP), dated January 25, 2010 and amended March 4, 2010, approved by the San Diego County Airport Authority. Although the project alignment is situated within the Airport Influence Area (AIA), the project will not involve the construction of any aboveground structures within this AIA, and thus, will not result in any air traffic impacts. The southern portion of the project is however, within ALUCP Review Area 2. The northern portion of the project is outside of the Airport influence area. Projects in the Review Area 2 are subject to Airport Overflight Notification. No section of the proposed project is situated within an identified Airport noise contour zone. The nearest zone contour (60-65 dBA CNEL) is located on the east side of I-5. The ALUCP also includes a Safety Policy Map. The subject project is not located in any of the identified safety hazard zones. On July 6, 2010, the City of Carlsbad has received written clearance from the San Diego County Regional Airport Authority that the project will not require ALUC review inasmuch as the project is consistent with the ALUCP. As a result, no impacts to air traffic would occur from the project. d) , Substantially increase hazards due to a design feature or incompatible uses? A; ua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 91 A;ua Hedionda Sewer Line and Lift Station Project PDP 06-02(C) /SP 144(L) /RP 10-26/CDP 10-171HDP 10-051SUP 10-021H32P 10-03 Less Than Significant Impact. The proposed project will not include hazardous design features or incompatible uses. Upon completion of construction, the only aboveground components of the project (other than the manholes which will stand only 0-inches to 18-inches above (grade) would be the lift station structure and the channel bridge structure. Thus, no potential for safety hazards would be expected to occur. The project will also avoid impacts to heavily -travelled Palomar Airport Road and Cannon Road due to the proposed microtunneling and HDD construction methods, which do not necessitate detour routing or other hazardous features or circumstances. Also, on Avenida Encinas, where short segments of travel lanes may be temporarily closed during the construction period, the construction contractor will be responsible for safely redirecting the traffic flow. No sharp curves or dangerous intersections would be created as a result of the proposed project. The proposed uses, sewer trunk line, sewer lift station, are compatible with the adjacent railroad, power plant industrial and arterial roadway uses. Impacts to safety from design features or incompatible uses would be less than significant. e) Result in inadequate emergency access? Less Than Significant Impact. Temporary traffic diversions will be necessary when the two interior Avenida Encinas traffic lanes are closed (the two outside lanes will remain open) north of Palomar Airport Road, and when Avenida Encinas south of Palomar Airport Road is closed except for local traffic. Convenient alternative routes are available for motorists wishing to utilize these road segments. Thus, thru-access, and access to nearby uses will not be significantly hindered. The construction contractor will use standard adopted City of Carlsbad procedures to minimize traffic diversions. Emergency vehicles will be able to pass through the project area without obstruction, or take a convenient alternative route during the potential temporary closure of the short sections of Avenida Encinas south of Palomar Airport Road. Further, open trenching across the Cannon Road and Palomar Airport Road intersections for the recycled water line will take place in one -lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. As required by the City of Carlsbad Traffic policies, any construction work within a public roadway right-of-way will be the subject of a Traffic Control and Detour Plan. Such plans allow for contractor work in public streets while maintaining a safe, uniform flow of traffic, including vehicular, bicycle and pedestrian traffic. The Traffic Control and Detour Plan identifies all existing roadway improvements, shows the location and dimensions of the construction work zone, delineates staging areas in and around the work zone as appropriate, and indicate locations of construction signs, barricades and delineators (including cones) and detours. As required by the City, this plan also indicates the duration of the construction work and traffic control, and must be approved by the City Traffic Engineer prior to beginning of construction within the roadway right-of-ways. Required compliance with this City policy is sufficient to determine that this impact is less than significant. f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Significant Unless Mitigation Incorporated. The NCTD operates "Breeze" bus service lines through portions of the alignment of the project, as follows: Table 9. NCTD Bus Service tbrougli Project Alignment Route No. Service Project Ali nment Portion Affected 101 Southbound - Oceanside Transit Center to Route travels Avenida Encinas south of Palomar University Towne Center Airport Road to Kaiser Permanente offices on Avenida Encinas. 321 Eastbound — Carlsbad Village to Palomar Route travels Cannon Road from Carlsbad Boulevard College via Legoland to Paseo del Norte. 444 Westbound — Carlsbad Research Route Travels Palomar Airport Road to south on Center/El Camino Real to Carlsbad Avenida Encinas to Carlsbad Poinsettia Station. Poinsettia Station (Coaster Connection) 445 Westbound — Palomar Oaks Business Route Travels Palomar Airport Road to south on Park in Carlsbad to Carlsbad Poinsettia Avenida Encinas to Carlsbad Poinsettia Station. Station (Coaster Connection) Aquit Hedionda Lift Station and Server Line Project Environmental Initial Study — 815110 92 A; ua Hetlionda Server Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171HDP 10-05 /SUP 10-021HMP 10-03 Although once completed, the project will not have any impact on the above transit service lines, construction of the project will impact three of the four service routes through the area. Routes 101, 444 and 445 all travel down the south segment of Avenida Encinas. Route 101 travels this route to access the Kaiser Permanente offices south of the EWPCF, and Routes 444 and 445 travels to the Carlsbad Poinsettia Transit Station, also located south of the EWPCF on Avenida Encinas. Temporary traffic diversions will be necessary when Avenida Encinas south of Palomar Airport Road is closed except for local traffic. A convenient alternative route will be made available for NCTD to use to access these destination points (Kaiser Permanente and Poinsettia Transit Station) from Poinsettia Lane (from the south), rather than from Palomar Airport Road (from the north). A mitigation measure is included which will provide for advance notice and coordination with NCTD of this imminent, temporary closure of this Avenida Encinas segment. This mitigation measure is indicated below. Route 321 crosses the project alignment across Cannon Road, but will not be impacted by construction since pipe installation at Cannon Road will be via HDD tunneling, which does not necessitate any modification of traffic lanes or practice. No bicycle racks or other alternative transportation features would be demanded by the project since it does not propose business, employment, residential, commercial, health, or other high -demand uses. No bicycle or pedestrian facility perfonnance would be impacted significantly, nor would the: safety of such facilities be affected by implementation of the project. TRAF-1 Prior to the commencement of development of the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XVII. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the ® F1 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ E wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm ❑ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d). Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ® ❑ treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Agua Hedionda Lift Station and Sewer Line Project 9j Environmental Initial Study — 815110 Aa ua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) I SP 144(L) /RP 10-26I CDP 10-1 71HDP 10-05 /SUP 10-02I HA1P 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated f) Be served by a landfill with sufficient permitted ❑ capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and 171 regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Under Section 402 of the Federal Clean Water Act (CWA) the Regional Water Quality Control Board (RWQCB) issues NPDES permits to regulate discharges to "waters of the U.S." which include rivers, lakes, and their tributary drainages. Waste discharges include discharges of storm water and construction project discharges. A construction project resulting in the disturbance in excess of one acre requires an NPDES pen -nit. Construction project developers are also required to prepare a SWPPP plan. As a result of the fact that the project would be required to comply with the waste discharge prohibitions and water quality objectives established by the RWQCB and the City of Carlsbad (as a co-permittee), impacts related to this issue would be less than significant. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? No Impact. The proposed project is needed to replace the; existing Agua Hedionda Lift Station (AHLS) and significant portions of the Agua Hedionda sewer trunk line because the latter is nearing the end of its useful life and does not have sufficient capacity to convey future project wastewater flows. The AHLS is part of the Vista/Carlsbad Sewer Interceptor system, which covers the Vista/Carlsbad drainage basin (sewer service area) and drains sanitary sewage generated by urban development from this basin to the EWPCF. The project is planned of a size and scale which will handle the projected build -out sewage anticipated from the service area. The project will not result in an increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. The proposed project will connect to the existing sewer tributary lines at the north end of the project alignment, and future recycled water lines at the north and south ends of the project alignment. It will not impact any other sewer or other utility lines in the area. Thus, impacts to local sewer collection facilities in the area will be avoided. The project would not necessitate the construction of, or expansion of any new water, sewer or wastewater treatment facilities. Further, the project will not require the construction of any habitable structures, such as residences, commercial or retail uses, or businesses; therefore it would not generate new wastewater flows. As a result, inasmuch as the project does not include provision of any uses that would generate wastewater flows, no new or expanded wastewater facilities would be needed to accommodate the project. No impacts would occur from implementation of the project. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The City of Carlsbad Master Plan of Drainage Facilities (2007) indicates that the following drainage facilities and structures exist and/or are proposed within or near the alignment of the proposed project: Ta 5le 10: Storm Drain Facilities in the Vicinity of"the Project Storm Drain Facility Storm Drain Facility Location Larger than 48-inch diameter Parallel and adjacent to the proposed project at northern terminus of project to north shore Agua Hedionda Lagoon 15-inch to 24-inch diameter Parallel to Cannon. Road, on south side of Cannon Road Several other smaller storm drains are located along the alignment of the proposed project. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 94 Agua Hedionda Sewer Lune and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171HDP 10-OS/SUP 10-021HMP 10-03 During construction, BMPs would be implemented to prevent: construction -tainted runoff (containing sediments, oil, grease, etc.) into the storm drain system. The BMPs will include a variety of measures to control these pollutants, such as the use of sandbags and straw bales to block drain inlets to prevent discharge from entering the storm drain system, and other temporary protections. Once completed, the project would not increase storm water flows in the area of the project. As a result, the project will not result in the need for modification or addition of new storm water drainage facilities or expansion of existing facilities, and therefore, no impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact. The proposed project involves the placement of an underground sewer trunk line, a sewer lift station and a bridge structure to support the sewer line over the Agua Hedionda channel. The project will upgrade and replace sewer trunk collection facilities, but wilt not result in any substantial overall changes to local or regional sewer or water supplies. Construction will require temporary use of water for dust control; however, this relatively small amount of water use will not affect local or regional water supplies and would not require any new expanded entitlements. Impacts are considered less than significant. The project also involves the provision of a 12-inch (diameter) recycled water line. This line will serve to distribute recycled water from the EWPCF to the northern region of Carlsbad. The water will be used primarily for landscape irrigation throughout this northern section of Carlsbad. Thus, the project will contribute to an increase in the availability of water supply for the northern portion of Carlsbad. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. While the project will transport wastewater, the project will not generate wastewater. The proposed sewer line and lift station will replace an existing line and lift station. The project will improve the current wastewater infrastructure, which will subsequently be able to handle increased flow to the EWPCF. These increased flows can be accommodated within the EWPCF capacity. Therefore, the project would result in more efficient and reliable wastewater transport to the Encina Wastewater Plant. As a result, impacts would be less than significant. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The project will not include any components (such as residences or business offices) that would require regular solid waste disposal services over the life of the project. During construction, demolished portions of the pipeline, existing lift station, trestle bridges and concrete: overflow basin would be disposed of in accordance with local, state and federal requirements. Soil excavated during project construction would be temporarily stockpiled at the staging areas and would be reused, as appropriate, to fill trenches following pipe placement. While the project will generate some debris that would require disposal, it will be relatively minimal, and therefore impacts to landfills will be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The project will be required to comply with applicable elements of AB 1327, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991) and other applicable local, state and federal solid waste disposal standards; therefore impacts associated with this issue are less than significant. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study - 815110 95 Aaua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) / SP 144(L) / RP 10-261 CDP 10-1 71HDP 10-051 SUP 10-021 H IIP 10-03 ENVIRONMENTAL ISSUES TO BE ADDRESSED: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human LZ beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Unless Mitigation Incorporated. The following discussion demonstrates how, with mitigation, the proposed project would result in less than significant impacts with respect to the potential for substantially degrading the quality of the environment; substantially reducing the habitat of a fish or wildlife species; causing a fish or wildlife population to drop below self-sustaining levels; threatening to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, or rare or threatened species; or eliminate important examples of major period of California history or prehistory. Potential to degrade the quality of the environment. The project would not have the potential to degrade the quality of the environment.. As indicated in the foregoing environmental analysis; No Impact, a Less Than Significant Impact, or a Potentially Significant Impact Unless Mitigation Incorporated is assessed to occur for each and every environmental issue addressed as a result of implementation of the project. In cases where the impact is assessed at Potentially Significant Impact Unless Mitigation Incorporated, mitigation measures are included in the project's MMRP, which will minimize impacts to a level of insignificance. Substantially reduce the habitat of a fish or wildlife species, Cause a fish or wildlife population to drop below self- sustaining levels, Threaten to eliminate a plant or animal community. or reduce the number or restrict the range of a rare or endangered plant or animal_ Aaua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 96 Aaua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171 HDP 10-051 SUP 10-021 HMP 10-03 Vegetation communities which would be impacted through implementation of the project, includes Die -ail Coastal Sage Scrub (DCSS), Developed Lands (DEV), disturbed lands (DIS) and Eucalyptus Woodlands (EUC). Thus, project related impacts will occur to one sensitive upland vegetation association (CDSS) and this is considered a significant impact. No direct impacts will occur to sensitive wetland or riparian habitats. No impacts to waters of the U.S. will result from the project. Thus, no impacts to fish will result. Impacts to the remaining impacted vegetation communities (excluding Developed Lands) are considered significant unless HMP-required mitigation credit (Lake Calavera Mitigation Credit) is complied with. Impacts to Developed Lands are not significant. During construction of the project, machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, and will maintain a minimum 10 feet buffer from adjacent non -impacted sensitive vegetation communities. Also, staging areas for pipes, machinery, materials and tools will be on previously -graded urbanized areas, or within adjacent traffic lanes which will be closed to traffic. Backhoe tractors will be primarily utilized for trenching, with the spoils temporarily laid directly adjacent to the trench, a minimum 10-foot from any sensitive vegetation or water. Trucks to transport materials to the site and other smaller vehicles will access the area and park on the public streets and on the urbanized pads. Thus, direct temporary impacts to adjacent sensitive habitats will be avoided. However, the project may have the potential for indirect impacts on rare nesting or breeding birds in the sensitive habitats located in the adjacent Agua Hedionda Lagoon area because of impacts resulting from temporary, construction -related noise. Listed birds not identified on or near the site but potentially impacted by indirect impacts because they forage or rest in or near the lagoon include the Great blue heron, Elegant tern, and the California Brown pelican, all species that are listed as endangered or threatened and may be found in and around the adjacent open water. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from January 15 to September 15 of any year. Thus, if project construction in locations adjacent to Agua Hedionda lagoon is contemplated during this time, the project would need to implement mitigation measures to ensure any construction noise impacts do not significantly impact these nesting migratory birds. These birds nest in trees, shrubs and on the ground. As a result of these factors, with the incorporation of Mitigation Measures BI0-1 through BIO-13 which will ensure provision of additional protections on rare plants and animals during construction, and will ensure the revegetation of sensitive habitats, the project will not have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal. Have the potential to substantially eliminate important examples of the major periods of California history or prehistory. The proposed project would not eliminate important examples of major periods of California history or prehistory. With regard to history, based on an archaeological literature and records search of historic maps and aerial photographs, no buildings or structures have been recorded within the project area of potential effect. With regard to prehistory, records investigations for the Archaeological Resources Survey, dated May 2009, concluded that two archaeological sites were previously recorded adjacent to the project area and one site was previously recorded within the impact area. During a 2009 archaeological field survey, no cultural material was observed within the project area. However, based on monitoring of geotechnical testing, it is suggested that intact cultural deposits may be present beneath the existing fill soils that cover portions of the project alignment. Therefore, if the proposed pipeline would be trenched into native soils beneath these fills, which. is anticipated, there is a potential for encountering cultural resources. Given the number of archaeological sites in the area and the nature of the soils, there is a potential for archaeological resources to exist within a subsurface context, with little or no evidence on the existing soil surface. Based on this, a monitoring program must be implemented for the project, as detailed in the following mitigation measures. The Native American Heritage Commission records show no indication of Native American cultural resources within 1/2 mile of the project, although the field survey referenced above suggests that there are Native American cultural resources in proximity to the project area. As a result, the project could also result in a significant impact to Native American resources if mitigation is not included. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 97 Agtta Hedionda Sewer Line and Lift Station Project PDP 00-02(C) ISP 144(L) /RP 10-261 CDP 10-171HDP 10-051SUP 10-021HMP 10-03 With the incorporation of Mitigation Measures CUL-I and CUL-2, which will ensure provision of construction monitoring for prehistoric deposits, the project will not have the potential to eliminate important examples of major portions of history or prehistory. Therefore, impacts from the project would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less Than Significant Impact. Cumulative impacts are defined as two or more individual effects that, when considered together, are considerable or that compound or increase the severity of other environmental impacts. The cumulative impact from several projects can be quantified as the change in the environment that results from the incremental impact of the development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period of time. CEQA Guidelines, Section 15130(a) and (b) states: (a) Cumulative impacts shall be discussed when theproject's incremental effect is cumulatively considerable. (b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project. The discussion should be guided by the standards ofpracticality and reasonableness. Development Projects: Three development projects are proposed in the vicinity of the subject project. 1. The Poseidon Desalination Plan is a50-million gallons per day (MGD) seawater -to -potable water Reverse Osmosis (RO) industrial plant. The plant will include a desalination plant, pipelines, electrical transformers, and solids handling building. Once operational, it is anticipated that the plant will have the capacity to deliver water to the city of Carlsbad and other regional partners. The project has been approved and will be constructed south of the proposed lift station site. The NRG Power Plant Expansion involves construction of a second power plant on the existing Encina Power Plant site. An application for certification for this expansion has been submitted to the California Energy Commission; however the City of Carlsbad is officially opposing the project. The project would be located on property immediately south-east of the proposed lift station site. It is estimated to generate approximately 540 megawatts of power for the region. The project would contain two 14-story smokestacks and 9 to 10-story buildings. The NCTD Railroad Double -Tracking project its a future project proposed by the California Department of Transportation and Amtrak for NCTD. It involves the addition of a parallel railroad track along the subject section of track within Carlsbad. The project will necessitate an additional bridge across the lagoon channel. It is anticipated that the second track will be installed easterly of the existing track. Table 11- Development Proiects in the Vicinity of the Project Project No. Project Descri tion 1. Poseidon Desalination Plan 2. NRG Power Plant Expansion 3. NCTD Railroad Double -Tracking CIP Sewer Improvement Projects: The City of Carlsbad 5-Year Capital Improvements Program (CIP), approximately $10.6 million worth of improvements and upgrades are proposed for projects directly related to the EWPCF over the next five years. These projects include EWPCF Building Improvements, Capital Acquisition, Rehabilitation and Staffing, Debt Service and Facility Expansion. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 98 Agua Hedionda Sewer Line and Lift Station Project PDP 00-62(C) ,'SP 144(L) / RP 10-261 CDP 10-171 HDP 10-051 SUP 10-021 HMP 10-03 Table 12: Encina Water Pollution Control Facility 5- Year CIP Projects Project No. Project Description 5800 EWPCF Building Improvements 5801 Capital Acquisition/Rehabilitation and Staffing Phase IV Expansion — Debt Service 5803 Phase V Expansion Also, another approximately $50.3 million are proposed for improvements and upgrades to the Citywide sewer collection system projects over this same five-year period. It is concluded that no significant cumulative impacts would result from implementation of the project. These projects are listed on the following table. Table 13: Sewer Collection System 5- Year CIP Projects Project No. Project Description Avenida Encinas Gravity Sewer Beech Street Sewer Replacement 550.1 Buena Interceptor Sewer Improvements 5507 Calavera Hills Treatment Plant Demolition Carlsbad Trunk Sewer Reaches VCT1A, VCTIB, VCT1C condition Assessment of Sewer Mains 3622 Faraday Avenue — Orion to Melrose Sewer 3873 Home Plant — Pipeline Replacement Home Plant Lift Station Replacement 3951 La Costa Meadows Sewer Extension 5500 La Golondria Sewer Extension 3573 North Agua Hedionda Interceptor — West Segment North Agua Hedionda trunk Sewer Reach NAHT 1 A 3538 North Batiquitos Interceptor Rehabilitation 3875 Poinsettia Sewage Lift Station Odor/Noise Abatement 5505 Sewer Lift Station Removals — Various 3840 Sewer Lift Station Repairs and Upgrades 3927 Sewer Line Refurbishments/Replacement and Manholes Sewer Master Plan Connection Fee Update 5504 Sewer Monitoring Program 5502 Terramar Lift Station Replacement 5508 _ Vista/Carlsbad Interceptor Buena Vista Lift Station Force Main 3492 Vista/Carlsbad Interceptor Agua Hedionda Lift Station 3886 Vista/Carlsbad Interceptor, Reach VC11B 3949 Vista/Carlsbad Interceptor Reach VC 13 to VC 15 3867 Vista/Carlsbad Interceptor Rehab Reaches i and 2 3950 Vista/Carlsbad Interceptor Replacement Reach 3 If all of these projects were initiated and constructed at the same time, potentially significant impacts with respect to three environmental issues could occur: 1. Air quality — Fugitive dust and construction equipment emissions; 2. Biological Resources — Possible presence and impacts to sensitive species and habitats; and 3. Cultural Resources — Possible unearthing of cultural and paleontological resources through excavation. It would be expected however, that all environmental impacts associated with these development projects, plus this massive sewer CIP project, could be mitigated to levels that would be less than significant by means of mitigation measures similar in content to those identified in this Environmental Initial Study. However, possible environmental impacts resulting from the NRG Power Plant expansion project have not been analyzed in this document inasmuch as that project has not yet been specifically defined and the impacts are not known at this time. As a consequence, and assuming mitigation measures similar to those found in this Study, these projects, excluding the NRG Power Plant expansion project, in combination with the proposed project would not result in significant cumulative impacts. Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 99 A; ua Hetlionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-OS I SUP 10-02 /HD1P 10-03 In terms of assessing whether the project's incremental contribution to greenhouse gas emissions is "cumulatively considerable" pursuant to Section 15130 of the State CEQA Guidelines, the extremely minor contribution of the project to global greenhouse gas emissions suggests that this project does not contribute "cumulatively considerable" greenhouse gas emissions. It is beyond the scope of this Environmental Initial Study to determine the greenhouse gas effects of all past, present, and probably future projects producing related or cumulative impacts.5 Further, it is not possible to rely on a summary of projections contained in the Carlsbad and/or Vista General Plan because the applicable adopted local and regional planning documents do not provide the necessary analyses of greenhouse gas emissions. Consequently, while the global significance of climate change may be acknowledged, determining the cumulative contribution relative to the proposed project and other closely related past, present, and reasonably foreseeable or probable future related projects would be speculative, and therefore, is not pursued further in this Environmental Initial Study. Thus, it is concluded that impacts of the proposed project would be less than significant. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Potential adverse effects on the human population have been evaluated in preceding sections 'of this checklist. The incorporation of design measures identified in the project description, applicable City of Carlsbad policies and standards, and applicable state and federal guidelines, will ensure that no substantial adverse effects on human beings, either directly or indirectly, will result from the project. Impacts of the proposed project would be less than significant. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they -are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 5 State CEQA Guidelines, Section 15130(b)(1)(A). Agua Hedionda Lift Station and Sewer Line Project Environmental Initial Study — 815110 100 Agua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261CDP 10-171HDP 10-05/SUP 10-02/H,41P 10-03 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department. March 1994. 2. California Department of Transportation website, "California Scenic Highway Mapping System." littp:/./www.dot.ca.gov/h.q/LandArcii/scenic hiahways/index.htm. Accessed May 13, 2009. 3. "California Department of Conservation - San Diego County Important Farmland". September, 2002 4. Capital Improvement Program, City of Carlsbad, Finance Department, 2008-2013. 5. State of California CEQA Guidelines, State of California Natural Resources Agency. July 27, 2007. 6. Sewer Master Plan, City of Carlsbad, March, 2003. 7. Scenic Corridor Guidelines. City of Carlsbad. July 1, 1988. 8. City of.Carlsbad Local Coastal Program. City of Carlsbad. Adopted November 1987, Mello I Segment. 9. Agua Hedionda Land Use Plan, City of Carlsbad Local Coastal Program, Kelly Ranch LCP Amendment, July 11, 2000. 10. San Diego County Important Farmland, California Department of Conservation. September, 2002. 11. Air Quality Conformity Assessment, Planning Systems. March 5, 2010. 12. Current Rules and Regulations, County of San Diego Air Pollution Control District. November, 2002. 13. Preliminary Biological Assessment Agua Hedionda Sewer Line and Lift Station. Planning Systems. May 28, 2010. 14. Regulatory Guidance Letter, US Army Corps of Engineers, RGL 08-02. June 26, 2008. 15. Habitat Manaaement Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. - Final Approval November, 2004. 16. Archaeological Resources Survev. Agua Hedionda Sewer and Lift Station, Affinis. May 2009. 17. Alquist-Priolo Earthquake Fault Zoning Map, California Geological Survey. May 1, 1999. 18. Special Publication 42: Fault Rupture Hazard Zones in California, California Department of Conservation Division of Mines and Geology. 2007 Revision. 19. California Probabilistic Seismic Hazard Assessment, United States Geological Survey. October, 2003. 101 Rev. 01 /02/07 Agua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) I SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-05 /SUP 10-021 HAIP 10-03 20. Geotechnical Evaluation of the Agua Hedionda Lift Station and Force Main, Ninyo & Moore. August 3, 2009 21. Environmental Soil and Groundwater Sampling for the Agua Hedionda Lift Station and Force Main, Ninyo & Moore. August 28, 2009, 22. Uniform Building Code — Volume 1 (1997); Table 18-1-B. 23. Special Publication 42, California Geological Survey; State Geologist Division of Mines and Geology. May 1996. 24. Limited Environmental Due Diligence Review Agua Hedionda Project, Brown and Caldwell. June 27, 2007. 25. City of Carlsbad Emergency Operations Plan. June 9, 2003. 26. McClellan Palomar Airport Land Use Compatibil ity Plan -, Carlsbad, California. (March 4., 2010.) Approved by the San Diego County Regional Airport Authority. 27. California Airport Land Use Planning Handbook, California Department of Transportation Bureau of Aeronautics. January, 2002. 28. Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through November, 2009. 29. Draft Agua Hedionda Lift Station Storm Water Management Plan, Brown & Caldwell. June, 2008. 30. Flood Insurance Rate Map (Map Number 06073C076F) Federal Emergency Management Agency. June 19, 1997. 31. Draft Noise Guidelines Manual, City of Carlsbad. 1998 32. San Diego County Regulatory Ordinances, San Diego County Noise Ordinance, Section 36.409- 410, County of San Diego. Amended November 19, 2008. 33. Zone 2 Local Facilites Management Plan. City of Carlsbad. November, 1986 34. Carlsbad General Plan — Circulation Element, City of Carlsbad Planning Department. March, 1994. 102 Rev. 01 /02/07 Agua Hedion(la Sewer Lime and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171 HDP 10-05/SUP 10-021 MVP 10-03 LIST OF MITIGATING MEASURES (IF APPLICABLE) To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: Air Quality AQ-1 All construction equipment will be maintained at appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment standing idle for more than five minutes shall be turned off. This would include dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials. Biological Resources BI0-1 Mitigation for permanent and temporary impacts to upland vegetation communities (HMP Habitat Groups D, E and F) will be mitigated by debiting the appropriate acreage (total 1.20 acres) from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 above (except Diegan coastal sage scrub mitigation acreage shall include a minimum 1:1 creation component within the vicinity of the impacts, as indicated in Mitigation Measure #2 below). The Lake Calavera property was identified in the City's Habitat Management Plan as a public project mitigation parcel for municipal projects. The total acreage available for credit at its inception was 186.55 acres.That acreage is available to mitigate -for habitat impacts from City projects on an acre -for -acre basis regardless of the type of habitat being impacted, except for Group A, B or C habitat groups, none of which are impacted by the proposed project. The mitigation provided for each City project by the Lake CaIavera parcel is tracked and reported on an annual basis in the City's HMP Annual Report. As of the end of the last reporting period (October 2009), a total of 183.8 acres of mitigation land was still available. BI0-2 Pursuant to Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP, the project applicant shall mitigate for the loss of 0.09 acre of coastal sage scrub by creation of at least 0.09 acre (no net loss) of creation of coastal sage scrub in a location acceptable to the Carlsbad Planning Department and the Wildlife Agencies. Upon agreement as to the selected site, the applicant shall prepare a restoration program for review and approval by the City and Wildlife Agencies. The restoration program shall include a five-year maintenance and monitoring program, with a requirement to meet City/Wildlife Agencies -approved success criteria. This restoration program shall be approved prior to the commencement of any clearing of coastal sage scrub associated with project construction. The restoration program shall include site preparation guidelines, implementation monitoring, perfonnance standards, long-term maintenance and monitoring methodology, and contingency measures with a commitment to funding. BIO-3 In order to avoid impacts to adjacent open space habitats during construction, all impacted open space interfaces will require temporary orange construction fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City for approval, at least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project construction. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and mitigation identified, to the satisfaction of the biological monitor. Temporary orange construction fencing shall be removed upon project completion of construction of the; project. 103 Rev. 01/02/07 Aa ua Hediontda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-05 /SUP 10-02 / HD1P 10-03 BI0-4 The developer shall hire a biological monitor to monitor the construction operations. The biological monitor shall have the ability to halt construction work, if necessary and confer with the City and Wildlife Agencies to ensure the proper implementation of species and habitat protection measures. The biologist shall report any violation to the USFWS within 24 hours of its occurrence. The biological monitor shall be present to monitor clearing, grading, and construction activities in the vicinity of biological open space areas. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures to protect the proposed open space preserve areas, including the wildlife movement corridor, as necessary. Implementation of this measure shall be verified by the City prior to and concurrent with construction. BI0-5 Prior to the commencement of any ground -disturbing activities (i.e., clearing, grubbing, trenching, grading) that occur between January 15 and September 15, a biological survey by a qualified biologist shall be conducted of the project area. If active raptor and/or migratory bird nests are observed during the construction phase, a buffer area of adequate width (typically 500 feet), as determined by the monitoring biologist, shall be established between the construction activities and the nest so that nesting activities are not interrupted. To avoid potential impacts, trees shall be removed outside of the breeding season of local raptor species (trees shall be removed between September 15 and January 15). Noise attenuation and buffer (if required) shall remain in place until the construction activities are completed or the nest.is,no longer active. Implementation of this measure shall be verified by the City. BI0-6 Construction noise created during the breeding season that could affect the breeding of the California gnatcatcher, migratory songbirds and other bird species associated with the adjacent sensitive open water, wetlands, riparian, and coastal sage scrub habitat shall be avoided. This restriction can be waived by the City, with concurrence from the Wildlife Agencies, upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the nesting/breeding season (January 15 through September 15). BI0-7 The developer shall train all contractors and construction personnel on the biological resources adjacent to portions of this project and ensure that training is implemented by construction personnel. At a minimum, training shall include: l) the purpose for resource protection; 2) a description of the gnatcatcher and its habitat; 3) limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); 4) the protocol to resolve conflicts that may arise at any time during the construction process; and, 5) the general provisions of the Endangered Species Act, the need to adhere to the provisions of the Endangered Species Act, the penalties associated with violating the Endangered Species Act. BI0-8 In order to adequately protect the adjacent open spaces, the applicant shall ensure that the following mitigation measures are implemented during project construction: • Employees shall strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint; • Pets of project personnel shall not be allowed on the project site; Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; • All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the construction plans. Fueling of 104 Rev. 01 /02/07 K- A, ua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-1 71HDP 10-05/SUP 10-021 HMP 10-03 equipment shall take place within existing paved areas greater than 100 feet from the Agua Hedionda Lagoon channel shore. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No -fueling zones" shall be designated on construction plans; and Night lightin-, if any, of construction staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from adjacent natural habitats. BI0-9 The hydroseed mix or landscape mix in areas adjacent to open spaces shall not involve the use of invasive exotic seeds or plants. The list of invasives shall be those identified on List A and List B of the California Exotic Plant Council's List of Exotic Plants of Greatest Ecological Concern in California, as of October, 1999, and updated if applicable. Implementation of this measure shall be verified by the City during review of the Erosion Control Plans. BIO-10 During construction,, the project applicant shall install temporary silt barriers along the limits of project impacts (including construction staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. All work activities occurring near the Agua Hedionda Lagoon channel in particular will utilize silt fencing to completely control any disturbed soils from entering the Agua Hedionda Lagoon channel. Runoff from project construction and landscaped areas shall not be allowed to enter the channel. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. 13I0-111'rior to beginning construction work, the project contractor shall notify the City Engineer, City Planner and Coastal Commission Staff as necessary, of the completion of a final, site specific, Spill Contingency Plan that outlines actions to be taken in the event that an accidental discharge of construction fluids occurs. Such Spill Contingency Plan shall include, at a minimum, the following requirements: a. In the event that a "frac-out," (escape of bentonite slurry into the environment) or other spill or accidental discharge of drilling fluids occurs during the drilling operations, all construction shall cease and shall not recommence except as provided below: b. Following discovery of the "frac-out," spill or accidental discharge of drilling fluids, the applicant shall immediately implement the above stated Spill Contingency Plan. No work shall continue until all spilled fluids have been contained and/or removed and measures taken to prevent a recurrence consistent with the approved contingency plan. If the spill or accidental discharge results in a change to the approved project description or to the scope of the impacts to resources, the permittee shall notify the biological monitor to immediately conduct an assessment of the biological impacts, and submit to the City Planner, and Executive Director of the California Coastal Commission as necessary, a revised project and restoration plan prepared by qualified professional(s) that provides for (1) necessary revisions to the proposed project to avoid further spill or accidental discharge of fluids; and (2) restoration of the area(s) affected by the spill or accidental discharge to pre -project conditions. The revised project and restoration plan shall be consistent with any applicable requirements of the USFWS, CDFG and/or San Diego RWQCB. The revised project and restoration plan shall be processed as an amendment to the coastal development permit. The trenchless construction operations may not recommence until after an amendment to this permit is approved by the City Planner, and Executive Director of the California Coastal Commission as necessary, unless the City Planner, and the Executive Director as necessary, determines that no amendment is legally required. BIO-12 Prior to removal of the existing sewer and/or gas trestle bridges or construction of the new bridge over the Agua Hedionda Lagoon channel, the project proponent shall apply for and receive approval of a Nationwide Permit 12 (Utility Line Activities) pursuant to Section 10 of the River and Harbors Act. This bridge removal and construction activity shall also necessitate water quality certification issued by the San Diego Regional Water 105 Rev. 01 /02/07 l A;ua Hedionda Server Line and Lift Station Project POP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171 HDP 10-05 /SUP 10-021 HMP 10-03 Quality Control Board pursuant to Section 401 of the Clean Water Action, and issuance of a Streambed Alteration Agreement with the California Department of Fish and Game. No additional mitigation beyond removal of the existing trestle bridges is anticipated to be required. Cultural Resources CUL-1 Prior to the commencement of around -disturbing activities, the project developer shall retain a qualified archaeologist to monitor ground -disturbing activities. The qualified archaeologist shall be on -site during all grading, trenching, and other ground -disturbing activities unless otherwise agreed upon by the archaeologist and City Staff. In the event any potential cultural resource is uncovered during the course of the project construction, ground -disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archaeological monitor. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grad ing/trenching while the cultural resources are documented and assessed. If significant resources are encountered, appropriate mitigation measures must be developed and implemented. If any human remains are discovered, the County Medical ]Examiner shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Native American Heritage Commission, shall be contacted in order to determine proper treatment and disposition of the remains. Recovered artifactual materials shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre -excavation agreement. CUL-2 Prior to the commencement of ground disturbing activities, the project developer shall retain the services of a Native American monitor. The purpose of this monitoring will be to allow for tribal observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. Prior to implementation of the monitoring, a pre -excavation agreement shall be developed between the appropriate Native American Tribe and the City of Carlsbad. The Native American representative(s) shall attend the pre -grading meeting with the contractors to explain the requirements of the program. The Native American monitor shall be on -site during all grading, trenching, and other ground -disturbing activities unless otherwise agreed upon by the monitor and City Staff. CUL-3 Prior to any excavation or trenching into undisturbed, older Pleistocene sediment, the project developer shall retain a qualified paleontologist during construction excavations within these sediment deposits, if any, to observe construction excavations. In the event that any unique paleontological resources are encountered, the resources shall be salvaged, recorded, and curated, under the direction of the monitoring paleontologist. Geolow and Soils GEO-1 Grading and construction of the . southern bridge abutment shall comply with the geotechnical recommendations contained in the Geotechnical Evaluation prepared by Ninyo & Moore, dated August 3, 2009, in order to reduce the potential for settlement due; to seismically -induced liquefaction or lateral spread. These recommendations shall include the use of deep foundations and the removal and recompaction of surface soils prior to construction. 106 Rev. 01 /02/07 a Aqua Hedionda Seiver Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-261 CDP 10-171HDP 10-05/SUP 10-02 /HMP 10-03 Hazards and Hazardous Materials HAZ-1 A site -specific Health and Safety Plan (HASP) shall be prepared prior to subsurface construction activities in the vicinity of, (a) the lift station site and (b) Avenida Encinas just south of Palomar Airport Road. The HASP shall be prepared in accordance with the requirements of Occupational Safety and Health Administration (OSHA) standards, and with the California OSHA requirements for hazardous waste operations and emergency response regulations. The HASP shall be reviewed and signed by a Certified Industrial Hygienist and include a community health and safety component. Anyone performing subsurface work in these areas should be alerted to the potential for encountering petroleum hydrocarbons and/or pesticides in soil and petroleum hydrocarbons and/or VOCs in groundwater and have received the appropriate training in accordance with the approved site -specific Health and Safety Plan (HASP). HAZ-2 A Soil Management Plan (SMP) shall be prepared prior to subsurface construction activities in the vicinity of-, (a) the lift station site, (b) approximately 300-400 feet south of the lift station site, (c) Avenida Encinas just south of Palomar Airport Road, and in Avenida Encinas just south of Cannon Road and 400-500 feet north of Palomar Airport Road, if dewatering activities are detennined to be necessary. If dewatering activities are to be performed during construction, the SMP should include a groundwater management component for dewatering activities. If dewatering activities are proposed to be discharged to surface waters or the sewer systems the concentrations of metals in the extracted groundwater should meet the requirements provided in the permit from either the RWQCB (General Waste Discharge Requirements and NPDES permit or the City of Carlsbad. The SMP shall be prepared by a professional environmental consultant in accordance with the County of San Diego Department of Environmental Health's Site Assessment -and Mitigation Manual, RWQCB guidelines, and the standard of care of the industry. HAZ-3 Prior to any excavation or trenching, the construction contractor shall prepare a contingency plan documenting the procedures to be used should an unexpected pocket of hazardous materials be encountered during excavation and/or trenching activities. This plan shall be reviewed and approved by the City Engineer. HAZ-4 A qualified air monitor shall be retained to monitor air quality during trenching and grading operations. Air monitoring shall be conducted using a portable photoionization detector (PID). This instrument is capable of detecting both petroleum hydrocarbons and organic solvents and will provide assurance that construction workers are not inadvertently exposed to potentially harmful organic vapors. Transportation/Traffic TRAF-1 Prior to the commencement of development of the proposed project, the developer shall coordinate with NCTD to determine an acceptable routing during the construction period of NCTD transit service for buses that are scheduled on Avenida Encinas, south of Palomar Airport Road, within the alignment of the proposed project. 107 Rev. 01 /02/07 1f Aqua Hedionda Sewer Line and Lift Station Project PDP 00-02(C) /SP 144(L) /RP 10-26 /CDP 10-17/HDP 10-05 /SUP 10-02 /HNIP 10-03 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signatur 108 Rev. 01 /02/07 ti w N M 69 T-O ME m a O cn L O cn a y O C Q] FL W Q Z O W O (D d cL a a o m c cc a a) m ,n c m 'p •- m -a m 0�30 m c •- rn-2EE E o 0 N U C U 3 L `°oro rn U E o C N N O� E O p N N E n 0 E o c C en p N O m c6 :.. 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(n Co 0 0 W O N E O � 3 C m C @ u E.°1N m C E Z > O O C @ � C: E_g N O m a a7 O U) c a:s._ cc'o��a a@i mn u c o Soyvl`� a ca 0-6a)caa)2x c.a0a cQ o 2 r- E 11 c U) CL a) A O N @ Q CL E x ?+OL' 0 ND wi-ZE >w� STATE OF CALIFORNIA-BUSINESS, TRANSPORTA;" AND HOUSNG AGENCY _ '* ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION PLANNING DIVISION District 11 4050 Taylor Street, M.S. 240 San Diego, CA 92110� ,, ,,k PHONE (619) 688-6960 C 1 ' ' i FAX (619) 688-4299 TTY 711 September 15, 2010 Ms. Pam Drew City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Drew: Flex your power! Be enerU efficient! 11-SD-5 PM 47.03-49.28 Agua Hedionda Sewer project SCH #2010081053 The California Department of Transportation (Caltrans) received a copy of the Mitigated Negative Declaration (MND) for the proposed Agua Hedionda Sewer Lift Station and Gravity and Force Mains project (SCH 92010081053), in proximity to Interstate 5 (I-5). Caltrans has the following comments: The project should not interfere with future I-5 widening plans that are identified in the I-5 North Coast Corridor project DEIIZ/DEIS that is currently out for public review. Please coordinate with Caltrans on any questions or issues regarding future I-5 widening at it relates to this proposed project. Any work performed within Caltrans right-of-way (RIW) will require discretionary review and approval by Caltrans and an encroachment permit will be required for any work within the Caltrans' R/W prior to construction. If you have any questions on the comments Caltrans has provided, please contact Leila Ibrahim of the Development Review Branch at (619) 688-6954. Sincere'. r� J 'COB ARMSTRONG, Chief Development Review Branch "Caltrans improves mobility across California" State of California Memorandum - -j z Natural Resources Agency To: City of Carlsbad Date: September 9, 2010 1635 Faraday Avenue Carlsbad, California 92008 Attn: Pam Drew, Associate Planner Website: www.fire.ca.gov Re: Aqua Hedionda Sewer Lift Station & Gravity & Force Mains SCH # 2010081053 Mitigated Neg/Dec After review of the above referenced document, the project complies with Public Resource Codes (PRC) and California Fire Code (CFC) applicable to Wildland fire. The project does not involve construction of .any habitable structures. Thank you for this opportunity to participate in this process. Mark Ostrander CAL FIRE San Diego Unit Environmental Coordinator 31577 Hwy 94 Campo, CA 91906 Mandated Due Date: 09/15/10 Date Document Received in Mail: 08/31/10 Comment Letter Date: 09/09/10 Date Mailed: 09/09/10 PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT "FLEX YOUR POWER" AT VM1W.CA.GOV. Pam Drew From: Elizabeth Lucas [ELucas@dfg.ca.gov] Sent: Thursday, September 02, 2010 7:47 AM To: Pam Drew Cc: Terry Smith; Marilyn Fluharty; Janet_Stuckrath@fws.gov; Paul Klukas Subject: Agua Hedionda Sewer Lift Station MND Pam, The Department of Fish and Game has not and will not review the subject MND, and therefore will not determine whether the proposed project is consistent with the HMP. However, we defer to the USFWS on this one. Thank you. Libby Lucas Staff Environmental Scientist NCCP Program California Department of Fish and Game 4949 Viewridge Avenue San Diego CA 92123 Phone: 858 467-4230 Fax: 858 467-4299 e-mail: ELucas@dfg.ca.gov Starting August 1, 2010, per Governor Schwa rzenegger's Executive Order S-12-10, this office will be closed on the second, third, and fourth Fridays of each month. >>> Pam Drew <Pam.Drew@carlsbadca.gov> 9/1/2010 3:53 PM >>> Thanks Janet for your quick review of the project's MND. -----Original Message ----- From: Janet_ Stuckrath@fws.gov [mailto:Janet_Stuckrath@fws.gov] Sent: Wednesday, September 01, 2010 2:34 PM To: Pam Drew Cc: ELucas@dfg.ca.gov Subject: Agua Hedionda Sewer Lift Station MND SDG/CDFG-10B0655-10TA0920 Pam, The Service concurs that the Agua Hedionda Sewer Lift Station and Gravity and Force Mains Mitigated Negative Declaration (MND) is consistent with the City's Habitat Management Plan (HMP) provided the mitigation measures as stated in the MND are implemented. The Service would agree to the mitigation going to a location other than Lake Calavera if an appropriate site within the Agua Hedionda Management Area with protection and management in perpetuity can be found. State ''ter Resources Contrr'"" Board Division of Financial Assistance Linda S. Adams 10011 Street • Sacramento, California 95814 • (916) 341-5700 FAX (916) 341-5707 Mailin.- Address: P.O. Box 944212 ^ Sacramento, California • 94244-2120 Arnold Schwarcenegger Secretaryfor Internet Address: htto://www.waterboards.ca-gov Governor Environmental Protection SEP 1 4.01 Ms. Pam Drew City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 3„8 �� �83r 5 - Dear Ms. Drew: INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND) FOR CITY OF CARLSBAD (CITY); AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAIN (PROJECT); STATE CLEARINGHOUSE NO. 2010081053 We understand the City may be pursuing Clean Water State Revolving Fund (CWSRF) financing for this Project. As a funding agency and a state.agency with jurisdiction by law to preserve, enhance, and restore the quality of California's water resources, the State Water Resources Control Board (State Water Board) is providing the following information and comments for the California Environmental Quality Act (CEQA) document prepared for the Project. The CWSRF.Program is partially funded by the United States Environmental Protection Agency (USEPA) and requires additional "CEQA-Plus" environmental documentation and review. Four information sheets are included that further explain the environmental review process and additional federal requirements in the CWSRF Program. In addition, an environmental evaluation form is included for the City to submit should it pursue State Water Board funding. The State Water Board can consult directly with ,agencies responsible for implementing federal environmental laws and regulations. Any environmental issues raised by federal agencies or their representatives will need to be resolved prior to State Water Board approval of a CWSRF financing commitment. For further information on the CWSRF Program environmental review requirements please contact Ms. Michelle Lobo at (916) 341-6983. It is important to note that prior to a CWSRF financing commitment, projects are subject to the provisions of the Federal Endangered Species Act and must obtain approval from the United States Fish and Wildlife Service (USFWS), and/or National Marine Fisheries Service (NMFS) for any potential effects to special status species. Please be advised that the State Water Board can consult with the USFWS, and/or NMFS on behalf of the City regarding all federal special status,species the Project has the potential to impact if the Project is to be funded under the CWSRF Program. In addition, CWSRF projects must comply with federal laws pertaining to cultural resources, specifically Section 106 of the National Historic Preservation Act. The State Water Board has been delegated responsibility for carrying out the requirements of Section 106 under a Nationwide Programmatic Agreement executed for the CWSRF Program by the USEPA, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers. California Eivironmental Protection Ag ency 72� Pervrled P-- n �_' Ms. Pam Drew -• 2 - ISEP 14 2 10 As stated above, the State Water Board has responsibility for ensuring compliance with Section 106 and the State Water Board Cultural Resources Officer (CRO) consults directly with the California State Historic Preservation Officer (SHPO). SHPO consultation is initiated when sufficient information is provided by the CWSRF applicant for projects having potential impacts to cultural resources. Please contact the State Water Board CRO Ms. Cookie Him at 916-341-5690, to find out more about the requirements and questions on how to begin the Section 106 compliance process, The State Water Board has no further comments on the draft IS/MND at this time. Thank you once again for the opportunity to review the City's environmental document. If you. have any questions or concerns, please feel free to.contact me at (916) 327-9401, or contact Ms. Justine Herrig at (916) 327-9117. Sincerely, Lisa Lee Environmental Scientist Enclosures (5) cc: State Clearinghouse w/o enclosures (Re: SCH# 2010081053) P. O. Box 3044 Sacramento, CA 95812-3044 California .Envarownental Protection Agency Pam Drew From: Diane Nygaard (dandd2@peoplepc.com] Sent: Wednesday, September 01, 2010 3:07 AM To: Pam Drew Cc: John Cahill; Michael Porter; David Lawhead; Janet Stuckrath Subject: Agua Hedionda Sewer Lift Station MND Comments Attachments: AH sewer lift mnd 8-10 26.docx Ms Drew Att is our comment letter on the Agua Hedionda Sewer Lift Station project. Please reply to confirm receipt. We look forward to working with you to address these concerns. Diane Nygaard Preserve Calavera 1 wy x ,:,.:) August ,31, 2010 Pam Drew, Planner City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 RECEIVED SEP 0 1 2010 CITY OF CARLSBAD PLANNING DFPT Subject: Agua Hedionda _Sewer Lift MND Dear Ms. Drew: These comments on the Agua Hedionda Sewer Lift Station project are made on behalf of Preserve Calavera. Preserve Calavera is a grassroots conservation organization whose goal is to preserve, protect and enhance the natural resources of coastal north San Diego County. This project is replacement of an existing facility, on a site that was already impacted by the existing sewer plant and pipeline. However, the proposed project could cause further direct and indirect impacts to the natural resources of this area, primarily the Agua Hedionda watershed and lagoon. We believe that with some modifications to the current project plans that there could be a significant reduction in these adverse impacts and this could be done in a way that still fully meets the objectives for this project. The following are our specific comments on this project: Bridge to provide second roadway access Currently there is`a very simple structure to support pipes. The project proposes to replace this with a much more substantial bridge that would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, it would cause significant direct habitat impacts. We think. it could also cause additional indirect impacts associated with vehicle traffic and other use of this bridge in an area that previously would be very undisturbed. The MND indicates that only one daily vehicle trip to the site is anticipated for inspection and periodic additional trips for maintenance. Since there already is an access road that can easily accommodate this very low level of use there does not seem to be sufficient justification for the permanent and temporary habitat impacts plus potential additional operational impacts from adding a second road to the site. We recommend an alternatives analysis that uses the existing structure to support 5020 Nighthawk Way — Oceanside, CA 92056 www.preservecalavera.org Nonprofit 501(c)3 IDr33-0955504 r�. the pipes , or makes the minimal changes necessary to the existing structure to support the proposed pipe expansion. In addition the MND should consider the indirect and cumulative impacts of adding abridde and,the resultant potential for increased traffic to this relatively undisturbed area. Excess" impervious cover It appears that a large amount of the increased impermeable cover is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway should result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedionda sub -watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in CWN Watershed Management (Plan): Increasing impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. - Compliance with HMP and other wetlands protection requirements While the project does not cause direct impacts to wetlands, there are three sensitive bird species present in the adjacent wetlands: Blue heron, Elegant tern, and Brown Pelican; and one upland bird species CA Coastal Gnatcatcher(CCG) . The BIO mitigation measures properly considered this as occupied CSS. But the BIO measures do not adequately address all of the other species specific requirements included in the HMP. HMP Table 9 includes specific species level conservation goals for the Brown Pelican and Elegant Tern at Agua Hedionda Lagoon. The avoidance/minimization measures for the Brown Pelican include - "Manage preserve areas to minimize contamination by pesticides, oil and other pollutants; - reduce disturbance at important foraging and roosting areas, - and maintain lagoon hydrology and water quality ( e.g. 100 foot setback from existing wetland habitats." Additional requirements for the Elegant Tern include: "Manage preserved areas to minimize edge effects, control non-native plants, maintain hydrology and water quality, protect habitats from physical disturbances, control predators, and maintain vegetation to provide optimal conditions for breeding. u�r - Where opportunities arise, restore and enhance habitat in preserved areas; - Habitat adjacent to the lagoons will be preserved to the maximum extent possible.": The MND needs to specifically address how the proposed plan is in. compliance with all of these avoidance measures- particularly the 100' setback and preserving habitat adjacent to the lagoons to the maximum extent possible. This facility has operated for years with a single road. Much more justification is needed to support adding a second road and more paving in this highly sensitive area. Project not in compliance with coastal zone requirements Item 7-8 of the HMP says that impacts to CSS "shall be located to minimize impacts to Coastal sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat." Clearly there are alternatives to reduce the impacts to CSS in the coastal zone- like realigning the bridge up to the already disturbed area, reducing the size of the bridge or eliminating expansion of the bridge completely. - Mitigation as proposed does not best preserve the habitat functions The mitigation proposed retains the mitigation in the coastal zone and near the area of impact, at a 2:1 ratio. This meets the letter of the requirements- but fails to meet the intent. Replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The NNG mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AH Watershed Management Plan. The city should evaluate these areas for mitigation for impacts around the lagoon as a first choice - before going miles away. Clearly it costs less to use the Lake Calavera area- but it provides no direct benefit to the lagoon- and that is the area that is being impacted. Potential indirect impacts on future smart growth projects The project is intended to provide sufficient capacity to meet build out of the city - based on the existing approved General Plan. While the city has a Growth Management Plan in place that sets a lirnit on growth by quadrant — the exact nature of this growth and where it could be located has some flexibility. Has this project adequately sized this facility so that it can accommodate future growth - including that included on the SANDAG smart growth map ? Sizing it to meet these anticipated changes will assure that these impacts do not occur again in a few years. - Sewage spill warning systems The recent sewer spill that effected Buena Vista Lagoon was made worse by not being detected in a timely manner. One of the recommendations we made to the RWQCB in response to this was to include better pipeline/sewer system failure warning systems. The MND mentioned a single daily site inspection. Please describe how this project will address pipeline monitoring including sensors and turn-offs that would limit the damage from any future pipeline or other system failures. We look forward to working with you to assure that all of these issues are addressed before this project moves forward. Thank you for considering these comments. Sincerely, Diane Nygaard. Preserve Calavera Cc: Janet Stuckrath USFWS, David Lawhead DFG, Michael Porter RWQCB l CITY AL ��t '' "� O F CARLSB:x? y V f AD ► Panning Division September 23, 2010 Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE A C-.U,Q H E-D-LO-N-DA.-S-FV—V ER L I F-T-S T-Xrl-O N—F-G- -R-QE—MAIN R N-D-G-RAV I-TY-S EWER REPLACEMENT -- PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10- 02/HMP 10-03 Dear Ms. Nygaard`. Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Agua Hedionda Sewer Lift Station and Gravity and Force Main project (SCH No. 2010081053). This response letter was written to address your comment letter dated August 31, 2010. Each comment from your letter is shown in italics, followed by the City's response. Comment: Bridge to .provide second. roadwav access. Currently there is a very simple structure to support pipes. The project proposes to replace this with a much more substantial bridge that would accommodate vehicles and thereby provide a secondary road access to the site. While this new bridge would remove support structures from the waterway, it would cause significant direct habitat impacts. We think it could also cause additional indirect impacts associated with vehicle traffic and other use of this bridge in an area that previously would be very undisturbed. The MND indicates that only one daily vehicle trip to the site is anticipated for inspection and periodic additional trips for maintenance. -Since there already is an access road that can easily accommodate this very low level of use there does not seem to be sufficient justification for the - -permanent -and: temporary -habitat _impac-ts = plug potential_ additional. operational -:impacts from adding a second road to the site. We recommend an, alternatives analysis that uses the existing structure to support the pipes, or makes the minimal changes necessary to the existing structure to support the proposed pipe expansion. Response: The existing trestle bridge structure has been analyzed as an alternative to the installation of the new proposed bridge. From a functional standpoint, the structure is aged and in generally poor condition from decades of weathering. Efficient repair and upgrade of this existing bridge for long-term pipe support would necessitate the replacement of the deteriorated support pilings and horizontal members, and as such, would effectively result in replacement of all bridge materials. Furthermore, the existing sewer pipe is 42-inches in diameter, and it will be replaced by a 54-inch diameter pipe. 1633 Faradayill -nn Fu=, ...a.r isbaa', 'Lt{ 9200S---- : 60-6 CU_2-4 PDP 00-02(C)/SP 144(L)/Rr 10-26/CDP 10-17/HDP 10-05/SUP 10-L6/1­11MP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 2 Utilizing the existing 42-inch pipeline alignment would require construction of a temporary by- pass sewer pipe and structure to cross the lagoon during the implementation of structural improvements of the existing sewer bridge. The direct impacts to the surrounding area would. effectively be identical to the proposed new structure. Furthermore, the existing bridge design is inadequate to hold the additional weight associated with the larger pipe. As mentioned in the MND, this larger pipe is necessaryin order to provide the necessary capacity for future anticipated build -out demand of the service area, as identified in the City of Carlsbad Sewer Master Plan, dated March 2003. In addition, from an environmental standpoint, the existing bridge structure contains eight (8) narrow bridge support/pilings which presently are located within the lagoon. This channel is the most. environmentally sensitive segment of the project construction area. These supportpilings -- -are 14=inches-in-d.iamete.r_f-and-.set_i.nto_con.cre-te_sit.uated_.as de.ep-as _appr_oxim.atel}r20-feet below the mud line on the bottom of the channel The proposed new replacement bridge will be supported by concrete bridge abutments located on dry land on each side of the channel. With a horizontal clear span of 140-feet, the new bridge will span the entire width of the channel Therefore, the existing in -channel obstructions will be eliminated by the full -span bridge. This design will have a positive effect on the hydrology and biology of the channel. The suggested alternative of repairing the existing weathered pilings would require significant construction and replacement work within the channel waters and on the channel bottom, including pile driving and/or excavation. The new bridge renders this work in the channel unnecessary. The inclusion of the maintenance vehicle access drive in the bridge design does not result in any additional biological impacts. The accommodation of maintenance access across the bridge will result in greater efficiency of maintenance, and swifter response to any emergency that may arise at the lift station, and does not result in substantive expansion of the bridge width. In addition, multi -use of the bridge structure is a sensible and cost effective use of this public utility structure. Comment: In addition the MND should consider the .indirect and cumulative impacts of adding a bridge and the resultant potential for increased traffic to this relatively undisturbed area. Response: No significant increase in traffic to the relatively undisturbed lift station area will result from the inclusion of a gated and locked maintenance drive across the proposed channel bridge. Vehicular trips across this bridge are estimated at 2 average daily trips (ADT's). This 2 ADT's estimate is based on the anticipated per day maintenance vehicle visit to and from the lift station. Such level of ADT is considered de minimus for CEQA purposes, and will not result in any significant direct, indirect or cumulative traffic impacts. Primary access will continue to go through the Encina Power Plant site. Comment: Excess impervious cover. It appears that a large amount of the increased impermeable cover is related to adding a second road that then must allow for vehicles to move around the site from two locations instead of just one. Eliminating this second roadway should result in a significant reduction in pavement required. Increasing the percentage of impervious cover in a watershed is one of the key contributors to watershed decline. The Agua Hedionda sub -watershed is already at 32% impervious cover- a level at which a natural watershed cannot maintain natural functions and is in a state of decline without intervention. (See discussion of this in CWN Watershed Management Plan). increasing PDP 00-02(C)/SP 144(L)/RF-= i 0-26/CDP 10-17/HDP 10-05/SUP 10-Cf;i/HMP 1.0-03 — AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 3 impervious cover in this particularly sensitive area right next to the lagoon will only contribute to the cumulative decline of this watershed. Response: The proposed lift station and related driveways will increase impervious cover from 20,434 square feet (existing lift station is 8,670 square feet and the existing overflow basin is 11,764 square feet) to 55,390 square feet. However, as indicated in the MND, the new lift station will include a number of site design water quality Best Management Practices (BMPs) which will serve to ensure that this increase in impervious cover will not negatively impact the watershed. These BMPs include treating runoff from the site through: 1) routing drainage into pervious vegetated or rock swales; 2) designing with catch basin structures with filter media inserts; 3) inclusion of pervious ground surface materials; 4) situating an infiltration basin at the low end of the site to treat project runoff; and 5) hydroseeding the area where the overflow basin is with a native seed mixture. All of these features serve to allow the natural filtering ability of the soil to remove pollutants from runoff prior to exiting the project area. The existing facility does not have these runoff treatment features. Some increase in impervious area will result from the proposed project; however, the project design incorporates sufficient BMPs which will mitigate any potential- for increase in impacts on the natural functions of the lagoon and watershed. Therefore, the implementation of the project will not cause a decline to the watershed. Comment: Compliance with HMP and other wetlands protection requirements. While the project does not cause direct impacts to wetlands, there are three sensitive bird species present in the adjacent wetlands; Blue Heron, Elegant Tern, and Brown Pelican; and one upland bird species CA Coastal Gnatcatcher (CCG). The BIO mitigation measures properly considered this as occupied CSS. But the B10 measures do not adequately address all of the other species specific requirements included in the HMP. HMP Table 9 includes specific species level conservation goals for the Brown Pelican and elegant Tern at Agua Hedionda Lagoon. The avoidance/minimization measures for the Brown Pelican include: Manage preserved areas to minimize contamination by pesticides, oil and other pollutants; reduce disturbance at important foraging and roosting areas, and maintain lagoon hydrology and water quality (e.g. 100 foot setback from existing wetlands habitats). Additional requirements for the Elegant Tern include: Manage preserved areas to minimize edge effects, control non-native plants, maintain hydrology and water quality, protect habitats from physical disturbances, control predators, and maintain vegetation to provide optimal conditions for breeding. Where opportunities arise, restore and enhance habitat in preserved areas; Habitat adjacent to the lagoons will be preserved to the maximum extent possible. The MND needs to specifically address how the proposed plan is in compliance with all of these avoidance measures - particularly the 100' setback and preserving habitat adjacent to the lagoons to the maximum extent possible. This facility has operated for years with a single road. Much more justification is needed to support adding, a second road and more paving in this highly sensitive area. PDP 00-02(C)/SP 144(1_)/R`r 10-26/CDP 10-17/HDP 10-05/SUP 10=t_o/HMP 10-03-AGUA HEDIONDA SEWER LiFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 4 Response: The proposed project does not result in any direct impacts to wetland habitats. As such, the HMP does not require that avoidance/minimization measures of Table 9 be specifically addressed because the habitat is avoided. However, the MND does conclude on page 42 that the project may have the potential for indirect impacts on nesting or breeding birds in the adjacent Agua Hedionda Lagoon wetland habitat because of impacts resulting from temporary, construction -related noise. Listed birds not identified on or near the site, but potentially impacted by indirect impacts, include the birds you listed. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from January 15 to September 15 of any year. Thus, the MND concludes that if project construction is contemplated during this time, the project would need to implement Mitigation ---Measure BIO-5, which will ensure that noise impacts do not adversely impact nesting birds. In addition to avoiding direct impacts to the wetlands, the project minimizes edge effects on the wetlands as required by the HMP. Project features which have been included to minimize the edge effects are: 1) fencing around the lift station site; 2) water quality BMPs; and 3) revegetation of upland habitats on or near the impact location. These project features.. are consistent with the recommendation of the HMP. Furthermore, the project will maintain a 100-foot setback in all cases except for the proposed bridge across the Agua Hedionda Lagoon channel. This bridge structure however, is "location dependent" because no feasible alternative location exists for the bridge and by definition the sewer line must cross the channel wetlands. Further, the bridge will replace an existing deteriorating pipe -support bridge which will be removed. Discussions -of -these aspects of the project are included in the MND. Justification for the maintenance road and increase in paving has. been addressed in responses --above. With -the -design of the project -and -with the inclusion of the Biology Mitigation Measures listed in the MND, the indirect project impacts to federal and/or state listed species will be fully mitigated. Comment: Proiect not in comoliance with coastal zone requirements. Item 7-8 of the HMP says that impacts to CSS shall be located to minimize impact to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. Clearly there are alternatives to reduce the impacts to CSS in the coastal zone — like realigning the bridge up to the already disturbed area, reducing the size of the bridge or eliminating the expansion of the bridge completely. Response: The project has been designed to execute the project goals while minimizing impacts on CSS and other sensitive habitats. Total impacts to CSS are limited to 0.05 acres of permanent and 0.04 acres of temporary impacts. As indicated in the MND, these minimal impacts will be fully mitigated. Realignment of the 54-inch sewer trunk main in order to avoid a very small area of CSS located at the south bridge abutment would result in unnecessary turning/angling of the line. This turning/angling would not only result in increased costs devoted to longer bridge construction, etc., but also would add interior surface friction and resulting operational and maintenance costs. Reducing the size of the bridge in the same proposed location will not avoid this small area of CSS, and eliminating the bridge is not feasible. Using the existing trestle bridge is not recommended for the reasons stated above. PDP 00-02(C)/SP 144(L)/RF 10-26/CDP 10-17/HDP 10-05/SUP 10-U5/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAINS September 23, 2010 Page 5 Comment: Mitigation as proposed does not best preserve the habitat functions. The mitigation proposed retains the mitigation in the coastal zone and near the area of impact, at a 2:1 ratio. This meets the letter of the requirements — but fails to meet the intent. Replacing one small isolated patch of CSS with another small isolated patch does not best serve the goal of protecting coastal resources. The NNG mitigation is proposed at the Lake Calavera area. This is consistent with the HMP, but provides no value to the area of impact along Agua Hedionda Lagoon. Several opportunities for buffer improvement and habitat restoration along the lagoon were identified in the AH Watershed Management Plan. The city should evaluate these areas for mitigation for impacts around the lagoon as a first choice — before going miles away. Clearly it costs less to use the Lake Calavera area — but it provides no direct benefit to the -lagoon — and that is the area that is being impacted. Response: One of the key objectives of the HMP was permitting for city public facility projects mandated by the city's Growth Management Plan. Both the HMP and the HMP implementing Agreement between the USFWS, CDFG and the City established the Lake Calavera Mitigation Parcel for biological mitigation of public works projects that the City undertakes. Appendix B-3 of the HMP specifically lists the Agua Hedionda Sewer Lift Station project as_a project to be covered by Lake Calavera mitigation credits. Not only is it a cost-effective means by which biological mitigation can be achieved, it is appropriate for the city to mitigate at Lake Calavera because a fundamental objective of the HMP is to build the citywide preserve system by combining small mitigation requirements into a larger, contiguous area. Comment: Potential indirect impacts on future smart growth projects. The project is intended to provide sufficient_ capacity to meet buildout of the city — based on the existing approved General Plan. While the city has a Growth Management Plan in, -place that sets a limit on growth by. quadrant — the exact nature of this growth and where it could be located has some flexibility. Has this project adequately sized this facility so that it can accommodate future growth — including that included on the SANDAG smart growth map? Sizing it to meet these anticipated changes will assure that these impacts do not occur again in a few years. Response: The project has been designed to accommodate future sewer demand at buildout as anticipated by the approved General Plans for cities within the service area with an additional allowance for wet weather flows. It is anticipated that future capacity will become available as _.. ist_a and Carlsbad reduce wet weathernflows into the system. Additionally, wastewater flows per capita are anticipated to decline in future years as customers continue to conserve water and implement water saving devices and appliances. Comment: Sewage spill warning systems. The recent sewer spill that affected Buena Vista Lagoon. was made worse by not being detected in a timely manner. One of the recommendations we made to the RWQCB in response to this was to include better pipeline/sewer system failure warning systems. The N1ND mentioned a single daily site inspection. Please describe how this project will address pipeline monitoring including sensors and turn-offs that would limit the damage from any future pipeline or other system failures. Response: The lift station is equipped with multiple redundant features in terms of emergency back-up power. it is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional i PDP 00-02(C)/SP 144(L)/Rr- 10-26/CDP 10-17/IHDP 10-05/SUP 10-u6/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION AND GRAVITY AND FORCE MAWS September 23, 2010 Page 6 blackout, emergency power will be provided by a built-in, onsite diesel fuel generator. Under such emergency conditions, the generator will provide power to all lift station facilities. The generator has the capacity to store enough fuel for 24 hours of operation. In addition, the lift station includes two independent pumping elements providing mechanical redundancy, ensuring that equipment failures do not result in sewage spills. In the event that a total mechanical failure occurs on either side, the station remains operable without consequences under peak dry weather flow conditions. Furthermore, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plan to reduce flow into the station (upstream lift stations contain storage volume) if an emergency were to occur. The upstream pipe also contains a significant amount of passive storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Addi-tiona-I-Fy—the-new-pr-ojec-t-adds-a-par-a-I-Iel-Ni-p(al-i-ne-for-fu-rther-r-el-ia-bil-ity—T-hi-s-pipeline-is made of high -density polyethylene which is resistant to, both internal and external corrosion. Thank you again for your comments. Sincerely, PAM DREW Associate Planner c: Terry Smith, Senior Civil Engineer File Copy 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 PLANNING COMMISSION RESOLUTION NO. 6754 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDED PRECISE DEVELOPMENT PLAN 00-02 WITH AMENDMENT 00-02(C) TO INCORPORATE THE :PROPOSED SEWER LIFT STATION AND ASSOCIATED PIPING (SLS) AT THE EXISTING 95- ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE 5. THE PRECISE DEVELOPMENT PLAN SERVES AS (1) A LAND USE APPLICATION FOR THE SLS AND (2) A DOCUMENT TO ESTABLISH EXISTING LAND USES AT THE EPS AND DEVELOPMENT AND LAND USE STANDARDS FOR THE EPS. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT CASE NO.: PDP 00-02(C) WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as A portion of property identified by Assessor's Parcel Number 210-010-41 ("the Property"); and WHEREAS, the Precise Development Plan serves as a land use application for the SLS and associated. piping, which is proposed at the EPS; and WHEREAS, the purpose of the Precise Development Plan is to also document existing land uses at the EPS, a facility that began operation in 1954, and provides land use and development standards for existing and potential future uses at the EPS as well as the proposed SLS; and 1 2 3 4 5 6 7 8 9j 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, said application constitutes a request for an amended Precise Development Plan as amended by PDP 00-02(C) and as set forth and attached in the draft City Council Ordinance, "Exhibit 1- PDP 00-02(C)" dated February 2, 2011, Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement — PDP 00-02(C) and as provided by Chapters 21.36 and 21.52 of the Carlsbad Municipal Code; and WHEREAS, PDP 00-02(C) makes only minor changes to text and graphics of the Precise Development Plan document, and the text changes are shown in .��e��«g h to indicate words to be deleted and in underline to indicate words to be added; and WHEREAS, the Agua H:edionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project does not involve any modification to existing EPS facilitie's'with the exception of demolishing an existing sewer lift station and concrete overflow basin; and WHEREAS, the Planning Commission did on February 2, 2011, 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 Precise Development Plan.. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT — PDP 00-02(C), based on the following findings and subject to the following conditions: Findings: 1. The Precise Development Plan PDP 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, Section 21.36.010 (1) of the Carlsbad Municipal Code, PC RESO NO. 6754 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 to provide a Precise Development Plan that is compatible with the General Plan and surrounding developments, in that (1) existing and permitted land uses of the proposed Precise Development Plan are consistent with and/or implement the objectives of the Public Utilities (U) General Plan designation; (2) the Precise Development Plan, through development standards and review procedures, is compatible with surrounding developments; (3) the Precise Development Plan planning area is adequately buffered from surrounding, more sensitive uses (e.g., residences and businesses) by open space, other utility uses, and transportation corridors and through development standards, including setbacks, of the proposed Precise Development Plan. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail, a separate, future project in this area, which will enhance the public's use of open space areas and facilitate public access in the Agua Hedionda Lagoon area. 2. The Precise Development Plan PDP 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, 21.36.010 (2) of the Carlsbad Municipal Code to provide a Precise Development Plan that has given due regard to environmental factors, in that the proposal has been reviewed concurrently with the processing of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in compliance with the provisions _ of the California Environmental Quality Act (CEQA). Furthermore, the existing sewer lift station, which was constructed in 1964, is under -sized, outdated and in some areas nearing the end of their useful life, and could endanger the lagoon and nearby sensitive habitat if a sewer leak or pump failures should occur. 3. Precise Development Plan PDP 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, 21.36.010 (3) of the Carlsbad Municipal Code to provide a Precise Development Plan that provides for necessary public improvements, in that the proposed project does not include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. 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 libraries or emergency services. The existing sewer facilities do not have sufficient capacity to convey future projected build -out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build -out demand of the service area. Furthermore, as part of the approval of PDP 00-02 (B) and RP 05-12(A) for the EPS and CSDP, appropriate public improvement conditions were imposed along and within the PDP and SP 144. As noted above the SLS has negligible if any Growth Management impacts and does not warrant improvements to public facilities. 4. The Precise Development Plan PDP 00-02(C) permits the SLS that is identified as a permitted use in the P-U Zone by Municipal Code Section 21.36.020 (4)(c) and that incorporates design, location, and operation characteristics that ensure compliance with the intent and purpose of the P-U Zone. Furthermore, PDP 00-02(C) sets forth the standards of development :for the SLS. PC RESO NO. 6754 -3- 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. The Precise Development Plan PDP 00-02(C) is consistent with the General Plan in that: a. It provides regulations and standards for uses that are appropriate uses for the General Plan Public Utilities ("U") land use designation, the designation applied to the SPS. b. The General Plan Land Use Element notes that the U land use designation is applied to existing areas, such as the EPS, that are being used for public or quasi -public functions. c. The proposed SLS is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These elements are consistent with Land Use Element Growth 1Vlanagement and Public Facilities Goal A.1, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." d. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In addition, the project would result in more efficient and, reliable wastewater transport to the EWPCF. The project is consistent with the Land Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." e. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or ocean views. In addition, to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment." f. General Plan Circulation Element Scenic Roadway Policy C.1 requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant favade." The SLS as well as the pipe support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the different structures of the SLS have flat roofs and vary in shape and height to provide articulation. Finally, as with the proposed pipe support bridge, exterior materials and colors appropriately blend with their surroundings. 6. The Precise Development Plan PDP 00-02(C) is consistent with Encina Specific Plan 144 in that: PC RESO NO. 6754 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 III 23 24 25 26 27 28 a. It complies with and enhances applicable Specific Plan standards and requirements adopted over, the years to regulate development at the EPS. b. I.t documents and maps power plant uses and features, and, since it proposes no changes to the operation of the EPS, the Precise Development Plan does not conflict with Specific Plan standards and requirements regarding power station operations. c. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land use designations of the City of Carlsbad General Plan, with which the Precise Development Plan is consistent. Additionally, SP 144(L) would incorporate by reference PDP 00-02(C). 7. The Precise Development Plan PDP 00-02(C) is consistent with the goals of the South Carlsbad Coastal Redevelopment Plan in that: a. Establishment of the Precise Development Plan and its development and environmental standards assists in eliminating blight and environmental deficiencies in the Redevelopment Plan area and ensuring quality site design. In that the proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle -style wood bridge(s), including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the site. b. Locating the SLS as proposed, on the northern edge of the EPS and between the railroad and freeway, minimizes constraints on any future use of the EPS. Furthermore, the proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. c. As mentioned previously, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail, a separate, future project in this area, which will enhance recreational activities where none exist through this area. d. The project also includes the installation of a 12-inch recycled water line, which will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provide adjacent commercial, industrial and office sites a reliable water supply_ for landscaping as an alternative to using potable water that is in short supply. e. The existing sewer lift station and pipelines, which were constructed in 1964 and rehabilitated in 1989, are under -sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities and features modern components to improve reliability and functionality. 8. The Precise Development Plan PDP 00-02(C) is in conformance with the Coastal Act, Agua Hedionda Land Use Plan, Mello II segment, and Coastal Resource Protection Overlay Zone in that it has been reviewed for consistency with relevant coastal policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the PC RESO NO. 6754 -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 Precise Development Plan achieves consistency with Land Use Plan policies as follows: a. The Precise Development Plan regulates uses that are consistent with those land uses shown on the Plan's Land Use Map (Policy 1.1). b. The Precise Development Plan is subject to, and incorporates as a regulating document, the MMRP for the project's MND, which provides mitigation to ensure consistency with Land Use Plan policies regarding environmentally sensitive habitats, geology, water quality, and other environmental resources. c. The project avoids impacts to marine resources as the proposed bridge structure will completely span the entire channel width. Furthermore, the existing trestle bridge structure which supports the existing 42-inch sewer pipe will be removed and the eight (8) narrow bridge support pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel will also be removed. In addition, the existing trestle bridge structure which supports the 12-inch high pressure gas line may be relocated to the proposed pipe support bridge, allowing the trestle bridge, including the four (4) bridge support pilings, to be removed. d. The project will avoid onsite erosion as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Following construction, the project also will feature permanent source control and treatment control features in order to protect any adjacent downstream waters, such as Agua Hedionda Lagoon, from potential pollution. e. Development permitted by :Precise Development Plan PDP 00-02(C) is consistent with the development standards, such as building height, of the Agua Hedionda Land Use Plan. f. The proposed bridge structure will be constructed to allow for the future Coastal Rail Trail. 9. The approval of Precise Development Plan PDP 00-02(C) fulfills the requirement of Municipal Code Section 21.36.030, which in part states that "no building permit ,or other entitlement for any use in the P-U zone shall be issued until a precise development plan has been approved for the property." 10. As conditioned, the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I 13). 11. 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: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed. PC RESO NO. 6754 -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 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 C'ity's approval of this Precise Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan PDP 00-02(C) 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 adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, SP 144(L), RP 10-26, CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6755, 6756, 6757, 6758, 6759 and 6760 for those other approvals incorporated herein by reference. 5. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, .including the discretionary approvals of the California Coastal Commission or other agencies. 6. Prior to approval of the Precise Development Plan, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director before commencement of construction or issuance of a notice to proceed. If the approval is substantially different, an amendment to the Precise Development Plan shall be required. 7. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program, 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Precise Development Plan reflecting the conditions approved by the final decision - making body. 9. Developer shall include, as part. of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing PC RESO NO. 6754 -7- �1; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 format (including any applicable Coastal Commission approvals and the Mitigation Monitoring and Reporting Program). . 10. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on February 2, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann WN11.11 ABSENT: Commissioner Schumacher ABSTAIN: STEPJ'"4WPI" 'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6754 -8- t't SS 1 2 3 4 5 6 7 8' 9 10 I 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDED ENCINA SPECIFIC PLAN 144 WITH AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING ON PROPERTY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. . CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT CASE NO.: SP 144 {L) WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Approximately 500-feet south of Chinquapin Avenue immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, and extending south to Cannon Road through portions of the properties identified by .Assessor's Parcel Numbers 210-010-09, 210-010-10, 210-010-26, 210-010-41 and 210-010-42 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan amendment, on file in the Carlsbad Planning Department, and as set forth and attached in the draft City Council Ordinance, "Exhibit "A" - "Y," dated February 2, 2011, AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT — SP 144(L) as provided by SP 144 (L) and Government Code Section 65453; and WHEREAS, the. City Council adopted the Encina Specific Plan 144 (SP 144) on August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly development of 680 acres of land located generally east of the Pacific Ocean, south of the north shore of Agua Hedionda Lagoon, and north of Cannon Road; and 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the specific plan be required to prepare a comprehensive update of the specific elan; and WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project is appropriately processed as an amendment to, rather than a comprehensive amendment of, Specific Plan 144(L) because: 1) SP 144(L) makes only minor text and graphic changes to the Encina Specific Plan document, which are shown in striketl-t-,eugh to indicate words to be deleted and in underline to indicate words to be added; 2) Specific Plan 144(L) does not change any general plan land use or zoning designations within the boundaries of the specific plan, any condition set forth by a previously approved specific plan amendment, nor does it propose any development other than that proposed by the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project and described in the Mitigated Negative Declaration; 3) SP 144(L) complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines; 4) the project improves major regional infrastructure that cannot be feasibly relocated and it will replace existing facilities which have reached the end of their useful life; 5) the project does not represent a significant new land use; it would improve existing like facilities and would be constricted in generally the same locations as those existing facilities in an existing utility corridor bordered on the west side by the railroad; 6) the majority of the pipeline portion of the project within SP-144 would be undergrounded; and 7) care has been exercised in the design of the project's above -ground structures such as the proposed lift station that features a low -profile and partially buried structure and the proposed pipe support bridge for the sewer line. As a replacement and expansion of existing, like utility uses in generally the same location and largely underground, the project would not represent a PC RESO NO. 6755 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ►1 21 22 23 24 25 26 27 28 new, significant impediment to addressing the issues identified that would be considered by a comprehensive update, including land use and public access; and WHEREAS, the Planning Commission did, on February 2, 2011, 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 Specific Plan amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(L), for the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT based on the following findings and subject to the following conditions: Findings• The proposed development as described by the Specific Plan SP-144(L) is consistent with the provisions of the General Plan in that the development proposed for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project, as described in the Mitigated Negative Declaration, is consistent with the applicable General Plan land use designations and policies. The proposed development consists of a sewer lift station, pipe support bridge and pipelines (sewer, recycled water, and potable water), which complies with General Plan land use designations and goals to ensure adequate public facilities and economic growth to sustain Carlsbad's quality of life. Further, the Encina Specific Plan 144 provides all specific plan standards in a single, comprehensive document, which helps facilitate the General Plan goal to ensure the timely provision of adequate public facilities and services to preserve the quality of life of residents. 2. SP 144(L) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it: 1) does not propose any changes to existing general plan land use or zoning designations; 2) does not alter any condition set forth by a previously approved specific plan amendment to regulate the Encina Power Station; 3) authorizes only development proposed by the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project, for which a Mitigated Negative Declaration (MND) has been prepared, and 4) provides a single, comprehensive document that contains all. pertaining rules and regulations set forth PC RESO NO. 6755 -3- I by previously approved specific plan amendments and the contents required by 2 Government Code Section 65453. 3 3. The proposed specific plan amendment is consistent with the Local Coastal Program in that it does not change any land use designations of the Agua Hedionda 4 Land Use Plan, authorizes development (the Agua Hedionda Sewer Lift Station, 5 Force Main and Gravity Sewer Replacement project) consistent with the Land Use Plan, and provides the pipe support bridge over the Agua Hedionda Lagoon that is 6 being designed to accommodate the Coastal Rail Trail, a separate, future project in this area, which will allow pedestrians and bicyclists recreational opportunities that 7 further Coastal Act policies regarding public access and use of area features, such as 8 Agua Hedionda Lagoon. 4. Specific Plan 144(L) provides assurances that all necessary public facilities can be 9 provided concurrent with need and adequate provisions have been provided .to implement 10 those portions of the capital improvement program applicable to the subject property in that the proposed project does not include residential, commercial or industrial land 11 uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Furth ermore,__project 12 operations will not result in any increased traffic and will thus not result in any 13 substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as libraries or emergency services. Replacement 14 of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build -out demand of the service area. 15 5. Appropriate measures are proposed to mitigate any adverse environmental impact as 16 noted in the Mitigated Negative Declaration and Mitigation Monitoring and 17 Reporting Program for the project. 18 6. Specific Plan 144(L) will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that it incorporates the land 19 use designations of the General Plan. 20 Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 22 a Notice to Proceed or commencement of construction, whichever occurs first. 23 General 24 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 25 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 26 future building permits; deny, revoke, or further condition all certificates of occupancy 27 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 28 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 Specific Plan Amendment. PC RESO NO. 6755 -4- 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 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Prior to approval of the Specific. Plan Amendment, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Specific Plan 144 shall be required. 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), RP 10- 26, CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6756, 6757, 6758, 6759 and 6760 for those other approvals incorporated herein by reference. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction„ whichever occurs first. 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program. 7. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. S. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Specific Plan reflecting the conditions approved by the final decision -making body. 9. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the Mitigation Monitoring and Reporting Program). 10. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the. discretionary approvals of the California Coastal Commission or other agencies. PC RESO NO. 6755 -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 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision -making body. 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Code Reminders: 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation: Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter ' 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 11 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on February 2, 2011 by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher STEPHEN "AP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION A EST: >L - DON NEU Planning Director PC RESO NO. 6759 -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 PLANNING COMMISSION RESOLUTION NO. 6756 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 10-26 FOR THE PROPOSED SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND 'WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT 'AREA AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME; AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT CASE NO.: RP 10-26 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a -..verified application with the City of Carlsbad Housing and Redevelopment Commission regarding property described as A portion of the EPS, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Numbers 210-010-26 & 210-010-41). The sewer lift station and associated piping are proposed on the grounds of the Power Station; and A portion of the SDG&E storage lot directly south of the EPS and east of the railroad tracks (identified as Assessor's Parcel Number 210-010-42). Associated underground piping is proposed in this area; and A portion of a public street identified as Assessor's Parcel Numbers 210-010-05. Associated underground piping is proposed in this area; and A portion of Avenida Encinas, from just north of Cannon Road (on property identified as Assessor's Parcel Number�210- 011-05) to just south of Cannon Road. Associated underground piping is proposed in this area ("the Property"); and WHEREAS, said verified application constitutes a request for a Redevelopment Permit as shown and described in the "E',ncina Power Station Precise Development Plan PDP 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 00-02(C)" document dated February 2, 2011, on- file in the Planning Department AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT — RP 10-26 as provided and required by Sections 600 and 608 of the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and WHEREAS, the SLS consists of the sewer lift station facilities itself, which includes three structures, the main lift station, a grinder facility, and a bio-filter facility, and pipelines, which consists of sewer, recycled and potable water; and WHEREAS, the proposed SLS buildings and a segment of pipelines are located within the boundaries of the EPS, while the pipe support bridge and remaining pipelines extend to the north and south of the. EPS boundaries; and WHEREAS, this Redevelopment Permit applies to the SLS and associated piping located onsite and south of the EPS and within the boundaries of the SCCRA Plan; and WHEREAS, Section 601 states the land uses permitted by the SCCRP shall be those permitted by the General Plan and zoning ordinance except that certain uses, including those uses that transmit wastewater, may be permitted within the boundaries of the SCCRA plan only if the Housing and Redevelopment Commission approves 1) a finding that the SLS serves an extraordinary public purpose; 2) a precise development plan which sets forth standards for development of the SLS; and 3) a Redevelopment Permit for the Project; and WHEREAS, processed concurrently with Redevelopment Permit RP 10-26 is Precise Development Plan Amendment PDP 00-02(C), which establishes the development standards for the SLS; and the MND, which provides location and other information on the pipe support bridge and associated piping located offsite of the EPS and within the boundaries of the SCCRA Plan; and WHEREAS, the Planning Commission is the review body for recommending and processing land use permits proposed in the SCCRA; and PC RESO NO. 6756 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kell 27 281 WHEREAS, the Planning Commission did on February 2, 2011, 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 Redevelopment Permit RP 10-26; and WHEREAS, in its deliberations, the Planning Commission considered whether the SLS serves an extraordinary public purpose. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based. on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT — RP 10-26, based on the following findings and subject to the following conditions: Findings: 1. The City of Carlsbad Planning Commission hereby finds the SLS serves an extraordinary public purpose to the City of Carlsbad, the redevelopment area, and the citizens of Carlsbad as demonstrated by the following benefits: a. Improve reliability and functionality : The existing sewer lift station and pipelines, which were constructed in 1964 and rehabilitated in 1989, are under- sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey future projected build -out wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities, and features modern components to improve reliability and functionality. b. Provide a recycled water supply: The project also includes the installation of a 12-inch recycled water line, which will run the length of the project. Eventually, this line will provide adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. c. Facilitate Recreational Opportunities: The pipe support bridge over the lagoon channel is being constructed to accommodate the Coastal Rail Trail, a separate, PC RESO NO. 6756 -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 future project in this area, which will enhance recreational activities where none currently exists. d. Restore and Enhance the Marine Environment: The SLS will be located further to the east, will install modern equipment, and will replace the fragile wood trestle bridge(s) that currently encroaches in the lagoon. The trestle bridge(s), including the removal of the pilings that are located in the lagoon channel, would be considered a beneficial impact to the lagoon. Furthermore, the new pipe support bridge will span the entire width of the channel and will not impact the lagoon. e. Remove Blight: The proposed project will allow for the dismantling and elimination of the existing; lift station structure and over flow basin that was constructed in 1964. The new SLS will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. The structures will be stained earth -tone colors to blend in with the surrounding area. Furthermore, although adjacent to the SCCRA plan boundaries, the existing trestle -style wood bridge(s) will be removed and replaced with a modern steel bridge with a weathered -.I oot ing guardrail, which will improve the visual character of the overall area. 2. That the proposed SLS use can be approved because the underlying Public Utilities (P-U) zoning district requires the approval of an official Precise Development Plan prior to the approval of building permits for allowed uses, and PDP 00-02(C), processed and approved concurrently with RP 10-26, serves as the code -mandated regulatory document for the subject property. 3. As demonstrated in Finding 1 above, the Project complies with several SCCRA Plan goals, which are listed in Section IV (400) of the Plan that seek to increase coastal recreation opportunities, eliminate blight and environmental deficiencies, and strengthen the economic base of the project area through reliable, modern infrastructure. Furthermore, the Project also complies with the following Plan goal: a. Implement performance criteria to ensure quality site design and environmental standards to provide unity and integrity to the entire Redevelopment Plan area. The SLS complies with this goal by exhibiting a quality design and color (earth - tones) that is sensitive to its environment and non -utility surroundings. As a regulatory document, the Precise Development Plan establishes development standards and review procedures for the EPS and the SLS. Further, the Project has been reviewed concurrently with the processing of the MND, compliant with the provisions of the California Environmental Quality Act (CEQA). 4. The Project is consistent with the; General "Plan in that it implements goals and policies of the Land Use Element, as demonstrated by the following: a. The proposed SLS is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, using modern equipment, and replacing the fragile wood trestle bridge(s) that currently encroaches in the PC RESO NO. 6756 -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 lagoon. These elements ,are consistent with Land Use Element Growth Management and Public Facilities Goal A.1, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." b. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In addition, the project would result in more efficient and reliable wastewater transport to the EWPCF. The project is consistent with the Land Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." c. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or ocean views. Furthermore, the proposed pipe support bridge will be constructed to allow for the Coastal Rail Trail, a separate, future project in the area. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment." d. The Project is consistent with the Public Utility (U) land use designation of the EPS, which permits wastewater treatment facilities. In addition, sewer and water pipelines are permitted in any land use designation. Further, the SLS structures will have a flat roof and the buildings are a series of square and rectangular shapes architecturally articulated to vary building elevations and facade and will be partially below grade and stained with earth -tones to comply with the sensitive design objective of Overall Land Use Pattern Policy C.6, which states, "Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood." 5. The Project is consistent with the Encina Specific Plan 144 in that: a. It complies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, exterior lighting, and rooftop mechanical equipment. b. Since the Project proposes no changes to the operation of the EPS, the Project does not conflict with Specific Plan standards and requirements regarding power station operations. c. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land use designations of the City of Carlsbad General Plan, with which the Project is consistent. Additionally, SP 144(L) would incorporate by reference PDP 00- 02(C). PC RESO NO. 6756 -5- 2 0 H 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The Project is in conformance with the Agua Hedionda Land Use Plan and all applicable policies in that the Project has been reviewed for consistency with relevant coastal policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, ,the Project complies with the Land Use Plan building height limitation of 35 feet. Furthermore, the Project has been conditioned to obtain a coastal development permit from the California Coastal Commission. 7. The Project is consistent with the City's adopted Scenic Corridor Guidelines, which apply to Carlsbad Boulevard and the North County Transit District railroad corridor, in that the lift station walls on the north and east will be constructed as retaining walls, and thus hidden from view except for a 5-foot section of the top of the cured -in - place (CIP) concrete structure. The structure will have a flat roof. As such, the building is a series of square and rectangular shapes architecturally articulated to vary building elevations and facade from the view of the rail passengers travelling through the city. Furthermore, the lift station will be virtually imperceptible to motorists on Carlsbad Boulevard or on the Carlsbad beach due to the distances involved, design of structures into the bluff, and material and colors that will blend in with the surrounding area. 8. The Project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 3 and 22 and all City public facility policies and ordinances. The City's fire, schools, libraries and parks and, recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not include residential land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand that might result from commercial or other non-residential land uses. 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. Replacement of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build -out demand of the service area. 9. 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. 10. As conditioned, the Project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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. PC RESO NO. 6756 -6- 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General 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 of Carlsbad Housing and Redevelopment Commission 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 of Carlsbad's Housing and Redevelopment Commission approval of this Redevelopment Permit RP 10-26. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Redevelopment Permit RP 10-26 documents, as necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this. approval. 3. Prior to approval of the Redevelopment Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Redevelopment Permit RD 10- 26 shall be required. 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 144(C), CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6757, 6758, 6759 and 6760 for those other approvals incorporated herein by reference. 5. Approval is granted for Redevelopment Permit 10-26 as shown and described in the "Encina Power Station Precise Development Plan" document dated February 2, 2011, and the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction„ whichever occurs first. 7. Developer shall implement, or cause the implementation of, the MND and Project MMRP. PC RESO NO. 6756 -7- 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 8. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. 9. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Redevelopment Permit reflecting the conditions approved by the final decision - making body. 10. Developer shall submit to the Planning Director a design depicting how the pipes on the pipe support bridge will be screened from view. 11. Developer shall include, .as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the MMRP). 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the conditions herein and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, -free from weeds,.trash, and debris. 13. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. En_eineerinli- 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the hauler shall apply for and obtain approval from, the city engineer for the proposed haul route. 15. City shall comply with the city's Stormwater 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. City shall notify prospective owners and tenants of the above requirements. 16. City shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, city shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF. 17. This project is subject to `Priority Development Project' requirements. City shall prepare and process a Storm Water Management Plan (SWMP) to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban PC RESO NO. 6756 -8- 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 Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the city shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. 18. City acknowledges upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post -development run-off by mimicking the natural hydrologic function of the site, preserving natural open -spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. 19. City is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 20. City shall submit documentation demonstrating how this project complies with Interim Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). 21. City shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip -rap field, etc.) for this project. Where maintenance access roads are not practical and/or permitted, city shall incorporate low -maintenance design features. Code Reminders: 22. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 23. 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. 24. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 'of the California Building Code. PC RESO NO. 6756 -9- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 2, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher ABSTAIN: STEPH "H P" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: f DON NEU Planning Director PC RESO NO. 6756 1 WHEREAS, the Planning Commission did, on February 2, 2011, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 4 WHEREAS, at said public hearing, upon hearing and considering all testimony 5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CDP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 8 Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the . public hearing, the Commission 11 APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN 12 AND GRAVITY SEWER REPLACEMENT CDP 10-17 based on the -following findings and subject to the following conditions: 13 Findings: 14 15 1. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that the proposed project is consistent 16 with, or otherwise implements, the following Mello II LCP policies: 17 a. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all work in this area will be within the public right-of- way way and will be repaved to eliminate the possibility of erosion. Also grading will 19 not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 20 b. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified 21 in the LCP. The project also complies because the project will incorporate 22 BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the Standard 23 Urban Storm Water Mitigation Plan (SUSMP). In addition, the city will include requirements in the CDP approval to allow inspection and maintenance of the 24 BMPs, and the project minimizes land disturbance activities during construction 25 (e.g., clearing, grading and cut -and -fill). BMPs are also proposed to treat site runoff following construction of the SLS. 26 c. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies because it will not remove any natural vegetation within this segment of 27 the project. d. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project 28 complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench PC RESO NO. 6757 -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 spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. e. Carlsbad LCP Mello H Policy 4-6 Sediment Control Practices. The project complies because sediment control will he provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear. sediment barriers or similar erosion control devices. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the pipelines will be installed underground and, therefore, will not impact public access opportunities or recreational resources. 3. That 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 incorporates measures to adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, SUSMP and the Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Further, steep slopes with native vegetation will not be impacted since pipelines are proposed for city rights -of -way without sensitive habitat, or via trenchless drilling construction, methods as outlined in the Project's MND. Finally, the project complies with Coastal Resource Protection Overlay Zone standards regarding development in liquefaction -prone areas as the project's Mitigation Monitoring and Reporting Program includes a mitigation measure to address potential settlement due to seismically -induced liquefaction or later spread. 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated February 2, 2011, including, but not limited to that the installation of a pipeline is consistent with the Land Use Element of the General Plan in that the pipeline is allowed in all General Plan land use designations. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 3 and 22 and all City public facility policies and ordinances. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Specifically, the proposed pipelines do not generate any facility plan improvement requirements or funding. 6. 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. PC RESO NO. 6757 -3- I Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 a Notice to Proceed or commencement of construction, whichever; occurs first. 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 5 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 6 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 7 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 8 conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the C:ity's approval of this Coastal Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 11 them internally consistent and in conformity with the final action on the project. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of the issuance of a Notice to Proceed or 15 commencement of construction, whichever occurs first. 16 4. 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 17 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 18 unless the City Council determines that the project without the condition complies with 19 all requirements of law. 20 5. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 21 144(C), RP 10-26, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all 22 conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6758, 6759, and 6760 for those other approvals incorporated herein by reference. 23 6. Approval is granted for Coastal Development Permit 10-17 as shown and described in 24 the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated 25 herein by reference. Development shall occur substantially as shown unless otherwise 26 noted in these conditions. 27 7. Developer shall implement, or cause the implementation of, the MND and Project MMRP, 28 PC RESO NO. 6757 -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 8. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 9. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision -making body. 10. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Code Reminders: 11. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 12. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 2, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION A ESZL T: DON NEU Planning Director PC RESO NO. 6757 -5- 1 PLANNING COMMISSION RESOLUTION NO.6758 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR 4 THE SEWER LIFT STATION AND ASSOCIATED PIPING 5 (SLS) AT THE EXISTING 95-ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD 6 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF 7 CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 8 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE 5. 9 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, . FORCE MAIN, AND GRAVITY SEWER 10 REPLACEMENT CASE NO: HDP 10-05 11 12 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a.verified 13 application with the City of Carlsbad regarding property described as 14 A portion of the EPS, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as 15 Assessor's Parcel Numbers 210-010-26 & 210-010-41) 16 (66the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 19 Development Permit as shown on Exhibits "A" — "Y" dated February 2, 2011, on file in the 20 Carlsbad Planning Department, AGUA HEDONDA SEWER LIFT STATION, FORCE 21 MAIN, AND GRAVITY SEWER REPLACEMENT — PDP 00-02(C)/SP 144(L)/RP.10- 22 26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03, as provided by Chapter 21.95 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did on February 2, 2011, consider said 25 26 request; and 27 WHEREAS, at said hearing, upon hearing and considering all testimony and 28 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the Hillside Development Permit, HDP 10- 05, for the AGUA HEDiONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT, PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 based on the following findings and subject to the following conditions: Findings• 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e., slopes over 40%, have been -properly identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter '21.95, in that the SLS structures will be constructed mostly below the surrounding finish grade level to preserve the natural contours of the hillside. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily visible. The low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance. 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the project does include grading of a portion of the slope with an inclination of greater than 40 percent; however, per Section 21.53.230 this only applies to natural slopes and not manufactured slopes. The hillside where the SLS will be constructed was manufactured, which is defined as a man-made slope consisting wholly or partially of either cut or fill material. As shown on Figure 2 of the Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3, 2009, the lower pad area of the lift station site and adjacent 2:1 slope are manufactured from fill material that was likely dredged from the lagoon. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the SLS structures will be constructed mostly below the surrounding finish grade level to preserve the natural contours of the hillside. The low profile structures will have a flat roof with square PC RESO NO. 6758 -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 and rectangular shapes architecturally articulated to vary building elevations and facades, stained earth tone colors, and landscaping using native plantings to achieve a natural appearance of the hillside. 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 Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development 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. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 144(L), RP 10-26, CDP 10-17, SUP 10-02, and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6757, 6759 and 6760 for those other approvals incorporated herein by reference. 5. Approval is granted for Hillside Development Permit 10-05 as shown and described in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. PC RESO NO. 6758 -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 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision -making body. 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Code Reminders: 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation: Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 11. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 2, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher ABSTAIN: STEPH " AP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I / DON NEU Planning Director PC RESO NO. 6758 -4- -X 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 PLANNING COMD41SSION RESOLUTION NO.6759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL, USE PERMIT TO REMOVE PILINGS FROM THE EXISTING TRESTLE BRIDGE STRUCTURE(S) AS A COMPONENT OF THE SEWER LIFT STATION (SLS) PROJECT ON PROPERTY GENERALLY LOCATED WITHIN THE AGUA HEDIONDA LAGOON CHANNEL BETWEEN THE OUTER AND MIDDLE LAGOONS IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT CASE NO: SUP 10-02 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, and extending over the Agua Hedionda Lagoon channel between the middle and outer lagoons on a portion of property identified by Assessor's Parcel Number 210-010-09 ("the Property"); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibits "A" — "Y" dated February 2, 2011, and as shown and described in the Mitigated Negative Declaration (MND) on file in the Planning Department, AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT — SUP 10-02, as provided by Chapter 2 L 110 of the Carlsbad Municipal Code; and WHEREAS, the Planning; Commission did on February 2, 2011, 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 Floodplain Special Use Permit. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission -of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT — SUP 10-02, based on the following findings and subject to the following conditions: Findings: 1. The site is reasonably safe from flooding in that the project does not propose any structures within the 100-year flood hazard area. The project will remove the existing trestle bridge structure(s), which supports the existing 42-inch sewer pipe (optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed). Furthermore, the eight bridge support (8) pilings (possibly two (2) support pilings for the natural gas line), that are located in the lagoon channel, will also be removed. The removal of the pilings will reduce the amount of water friction through this narrow channel and allow water to flow faster through this area should a 100-year flood occur. 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that no habitable structure is proposed. 3. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the removal of the bridge pilings will reduce the amount of water friction and allow the water to flow faster into the outer lagoon and eventually into the Pacific Ocean, which would prevent any water in the lagoon channel from creating a hazard to any structures upstream of the bridge structure(s). 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the bridge structure(s) are located over -and within the lagoon channel that flows into the Pacific Ocean.. The removal of the bridge pilings and structure(s) will not have an adverse impact on properties or structures downstream from the bridge structure(s). 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the removal of the bridge pilings within the narrow lagoon channel will better accommodate a 100-year flood through this area. 6. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that the removal of the bridge pilings from the narrow lagoon channel will improve the flow of the lagoon, thereby increasing floodwater capacity. PC RESO NO. 6759 -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 7. All other required state and federal permits have been obtained or will be obtained prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 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. 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, revolve, 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 Special Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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 the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 144(L), RP 10-26, CDP 10-17, HDP 10-05, and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6757, 6758 and 6760 for those other approvals incorporated herein by reference. _ 5. Approval is granted for Special Use Permit 10-02 as shown and described in the Mitigated. Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. PC RESO NO. 6759 -3- 1 2 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 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision -making body. 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Code Reminders: 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 11. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held 'on February 2, 2011 by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher ABSTAIN: STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION . TEST: DON NEU Planning Director PC RESO NO. 6759 0 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 PLANNING COMMISSION RESOLUTION NO.6760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING (SLS), ON PROPERTY GENERALLY LOCATED SOUTH OF CHINQUAPIN AVENUE TO THE ENCINA WATER POLLUTION CONTROL FACILITY. THE PROJECT WOULD BE LOCATED WITHIN EASEMENTS ON PUBLIC AND PRIVATE PROPERTY AND WITHIN THE RIGHT-OF-WAY OF AVENIDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONES 1; 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND: GRAVITY SEWER REPLACEMENT CASE NO: HMP 10-03 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Approximately 500-feet south of Chinquapin Avenue, immediately east of the ]Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, south across Agua Hedionda Lagoon to the Encina. Power Station (identified as Assessor's ]Parcel Number 210-010-09); and A portion of the Encina Power Station, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as .Assessor's Parcel Numbers 210-010-26 & 210-010-41); and A portion of SDG&E's property, located north of Cannon Road and south and east of the Encina Power Station (identified as Assessor's Parcel Number 210-010-42); and Avenida Encinas, from just north of Cannon Road (identified as Assessor's Parcel Number 210-011-05) and south to the Encinas Wastewater Pollution Control Facility (south of Palomar Airport Road) ("the Property"); and WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or 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 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; and WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and WHEREAS, said verified application by Developer constitutes a request for a Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 21.210 of the Zoning Ordinance, on file in the Planning Department; and WHEREAS, the Planning Commission did on February 2, 2011, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and j arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT project is consistent with the HMP as described in the following findings. C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMP 10-03, for the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT based on the following findings and subject to the following conditions: PC RESO NO. 6760 -2- 2II Findings: 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 1. That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT is not shown in Figure 28 of the approved HMP as an existing hardline, proposed hardline, proposed standards, core or linkage area. Instead, the project is in a disturbed area and is identified as a "development area" in Figure 28; however, there are sensitive vegetation communities within the Area of Potential Effects (APE) and there will be some temporary and permanent impacts to the biological resources. Specifically, the area of impact will be for the installation of the south abutment for the proposed pipe support bridge: Additionally, the project will benefit adjacent preserved areas as it will remove bridge support pilings from the channel between the middle and outer basins of Agua Hedionda Lagoon, both of. which are identified as existing ,hardline conservation areas. 2. That authorization to take species of concern, through the take of sensitive species (see Table 4 Project Impacts to Vegetation Communities, which shows permanent and temporary impacts to vegetation communities provided in' the Preliminary Biological Assessment report prepared by Planning Systems, dated May 28, 2010 that was prepared for the project) is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 3. That authorization to impact sensitive habitats of species of concern is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration and mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6757, 6758 and 6759 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 4. That authorization to impact sensitive habitats and take of species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the , Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT proj ect. 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; most of the impacts are temporary construction impacts to disturbed PC RESO NO. 6760 _;_ I and developed lands. Furthermore, the project avoids impacts to sensitive habitats, 2 with the exception of minor slivers of Diego Coastal Sage Scrub (DOSS). The DCSS is surrounded by a highly urbanized environment, and thus the minor slivers are 3 not rare habitat, nor are they especially valuable to the ecosystem which has already been largely degraded by urbanization, industrialization and the adjacent railroad. 4 As a result of these factors, the project does not impact Environmentally Sensitive 5 Habitat Area (ESHA), a term applicable to properties in the Coastal Zone (as defined in Coastal Act Section 30107.5) that contain rare or especially valuable 6 plant or animal life or their habitats that could easily be disturbed by human activities and developments. Notwithstanding that the project will not impact 7 ESHA, it will mitigate for the 0.09 acres of sensitive biological habitats that will be 8 impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). 9 7. That adequate funding has been provided to address changed circumstances and adaptive 10 management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 11 12 8. That the authorization to impact sensitive habitats and incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival 13 and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and 14 the public. 15 9 That the Planning Director is authorized to sign the Take Permit. 16 10. The Planning Commission hereby finds that all development in Carlsbad benefits from 17 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 18 provide for effective protection and conservation of wildlife and plant species while 19 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 20 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 21 preservation of open space within an increasingly urban environment. Moreover, each 22 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In -Lieu Mitigation Fee imposed on 23 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 24 Conditions: 25 26 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 27 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 28 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 PC RESO NO. 6760 -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 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 Habitat Management Plan Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan 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. 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. 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 144(C), RP 10-26, CDP 10-17, HDP 10-05 and SUP 10-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6753, 6754, 6755, 6756, 6757, 6758 and 6759 for those other approvals incorporated herein by reference. 5. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 8. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 9. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental PC RESO NO. 6760 -5- im 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 analysis for this project. Mitigation Measures are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 of the MMRP under Biological Resources, except that Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the demolished, filled -in existing lift station overflow basin, but could occur in a different location in the area. Code Reminders: 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. - 11. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad held on February 2, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard and Siekmann NOES: ABSENT: Commissioner Schumacher ABSTAIN: <4- __ - STEPH N " AP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 1 3M DON NEU Planning Director PC RESO NO. 6760 -6- ?-- The City of CARLSDAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No. O Application complete date: November 30, 2010 P.C. AGENDA OF: February 2, 2011 Project Planner: Pam Drew Project Engineer: David Rick SUBJECT: PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03— AGUA HEDIOND.A SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT — Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development. Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the -Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Eneina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe -support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north -south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Avenida Encinas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way on Avenida #der PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Paae 2 Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. Ie RECOMMENDATION That the Planning Commission: 1) ADOPT Planning Commission Resolution No. 6753 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) ADOPT_ Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 RECOMMENDING APPROVAL of Precise Development Plan Amendment (PDP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6757 and 6759 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. IL INTRODUCTION The proposed project involves the installation of a sewer trunk line in a north -south direction, a mostly underground, sensitively designed SLS (50 mgd capacity), a modern, attractive sewer support bridge (140-foot weathered steel span), pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, specifically segments VC11, VC12, VC13, VC14, and VC15, and associated sewer force main and gravity piping, including a 6-inch potable water line and a 12- inch recycled water line. These sewer segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional EWPCF. The new line will be located primarily within and along the SDNR railroad right-of-way and Avenida Encinas right of way to the west of the I- 5 freeway. The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rail Trail, a separate, future project in this area. The proposed improvements are necessary as a replacement for or are in addition to the existing sewer line and lift station, which are under -sized, outdated and in some areas nearing the end of their useful life. These facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build -out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build -out demand of the service area. Table 1 below shows the current, proposed, and anticipated build -out sewer flows: PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 3 TABLE 1 Current &Pro osed Build -Out Wastewater Flow & Capacity Current Proposed Build -out Average Dry Weather Flow (ADWF) 10 mgd 14 mgd Peak Dry Weather Flow (PDWF) 15 mgd 21 mgd Peak Wet Weather Flow (PWWF) 25 mgd 33 mgd Capacity 30 mgd 50 mgd III. PROJECT DESCRIPTION AND BACKGROUND The project will remove and replace the existing sewer lift station and pipe support bridge and will install approximately 1,400 linear feet of 54-inch sewer pipe to the north of the new lift station location. The project will also include the construction of 3,960 linear feet of 30-inch force main and approximately 7,020 feet of 54-inch gravity sewer south of the new lift station location. While the existing 42-inch line north of the existing lift station will be abandoned and -a -- portion removed, the existing 42-inch line south of the existing lift station is in sufficiently good condition that it will remain in place as a parallel line to the new force main/gravity sewer to be constructed south of the new lift station. The existing line to remain in place will handle low and average volume sewer flows. Related utility relocations include the option of relocating approximately 380 feet of natural gas transmission pipe. The owner of this gas transmission pipe (SDG&E) is presently undecided on whether to relocate this pipe from its present support trestle bridge structure across the lagoon channel to the proposed sewer line support bridge; and to thus demolish and remove the existing gas line support bridge. Nonetheless, it is included in this project and the environmental impacts associated with the gas line relocation and trestle bridge removal were included in the environmental analysis so that if SDG&E decides to relocate the gas line and remove the trestle bridge structure, the environmental review of this segment of the project has been completed. Also proposed within the work area and .in an alignment parallel to the sewer line is a 12-inch recycled water line -which will run from the north end of the project area to the south end (total 12,460 ft). This line will transport pressurized recycled water to the northern sections of Carlsbad from the Carlsbad Water Recycling Facility, located next to the EWPCF. This recycled line will be installed on primarily the east side of the sewer pipe. It is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line. Completion of the reminder will occur as additional funding becomes available. Further information about project description, construction phasing, staging areas, traffic control, grading, and other related details are included as Attachment 12. Jurisdictional Authority. Because of its location and geographic reach, the project will require permits from a number of jurisdictions in addition to the city -issued permits. The following paragraphs summarize the required permits and issuing authority. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Planning Commission • Coastal Development Permit (CDP) for the section of the project south of Cannon Road. • Special . Use Permit (SUP) for any construction. or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridge pilings which presently are within the lagoon channel (the new bridge support abutments will be constructed on the lagoon bank and a minimum of 10-feet above the 100-year flood zone). Housing and Redevelopment Commission (upon Planning Commission Recommendation) Redevelopment Permit (RP) for all structures proposed within the South Carlsbad Coastal Redevelopment Plan (SCCRP). Proposed improvements within the EPS property to slightly south of Cannon Road are within the SCCRP. City Council (upon Planning Commission recommendation) • Habitat Management Plan Permit (HMP) for the impacts to native habitat necessitated -by the construction of the pipe support bridge abutments. • Hillside Development Permit (HDP) for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. • Precise Development Plan (PDP) Amendment and a Specific Plan (SP) Amendment for all structures proposed within the EPS property. • SP 144 Amendment for all structures proposed within the SP boundary. California Coastal Commission • Coastal Development Permit for all proposed work north of Cannon Road to the northern end of the project, including the SLS. This area is within the Agua Hedionda segment of the City's Local Coastal Program, where the California Coastal Commission has retained permitting authority. Resource Agencies • U.S. Army Corps of Engineers (Section 1.0 of the River and Harbors Act — 404 Permit). • Regional Water Quality Control Board (Section 401 of the Clean Water Act — 401. Certificate). • California Department of Fish and Game (Section 1600 — Streambed Alteration Agreement) for the removal of the existing trestle bridge(s) and construction of the new bridge over the Agua Hedionda Lagoon channel. There are no unresolved issues. The staff recommendation approval with conditions is supported by the analysis as follows. IV. ANALYSIS A. Carlsbad General Plan; B. Title 21 (Zoning) and Precise Development Plan (PDP 00-02); PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 5 C. Encina Specific Plan (Specific Plan 144); D. South Carlsbad Coastal Redevelopment Plan; E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II Segment and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code); G. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the Carlsbad Municipal Code); H. Habitat Management Plan; and I. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). A. General Plan The General Plan designates the EPS and adjacent SDG&E properties for Public Utility (U) us.es...... The General Plan Land Use Element describes this category of land use as applied to "...areas, both existing and proposed, either being used or which may be considered for use for public or quasi -public functions." The Land Use Element also states that U designation's "primary functions include such things as the generation of electrical energy, treatment of waste water, public agency maintenance, storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community." The proposed SLS and other project components in the "U" land use designation are consistent with this description, particularly in that they are designed to serve much of Carlsbad. The various pipelines proposed for the project are located within several different land use designations. Installation of pipelines is considered to be consistent with the Land Use Element in that pipelines are allowed in all General Plan land use designations. Further, since they would be placed underground, would be generally located in street and railroad right of ways, and would cause only limited, impacts to sensitive native habitats (pipe support bridge abutments), the proposed pipelines are consistent with General Plan policies requiring development to protect and enhance the City's environment, character, and image. In addition, staff finds the project is consistent with the General Plan as discussed below: a. The proposed SLS and additional sewer piping is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These elements are consistent with Land Use Element Growth Management and Public Facilities Goal A.1, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." b. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, ]FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 6 addition, the project would result in more efficient and reliable wastewater transport to the EWPCF. The project is consistent with the Lane Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." c. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or ocean views. In addition to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use; and enjoyment." d. General Plan Circulation Element Scenic Roadway Policy C.1 requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant facade." The SLS as well as the pipe support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance. B. Title 21 (Zoning) and Precise Development Plan (PDP 00-02) Background The EPS site has a Public Utility (P-U) zoning, which implements the corresponding General Plan U land use designation. Section 21.36.020 of the Public Utility Zone lists permitted uses and structures, including wastewater treatment, disposal or reclamation facilities. Accordingly, as a proposal to enhance and replace the existing sewer lift station and related pipelines, the project is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "... until a precise development plan has been approved for the property." Consistent with this requirement, PDP 00-02 was approved in 2006 for the EPS and most recently amended in 2009 for changes to the desalination project (PDP 00- 02(13)). This PDP serves as the primary entitlement for the SLS. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Paize 7 The proposed SLS and appurtenances require an amendment to the PDP. However, these amendments are relatively minor since there is an existing sewer lift station located on the EPS and acknowledged in the PDP and because the project is a permitted use in the P-U zone, The amendment primarily consists of updating the PDP text and graphics to recognize the new location of the proposed SLS and the removal. of the existing sewer lift station and overflow basin. Other "housekeeping" changes are proposed to update the PDP contents (e.g., to reflect that the desalination plant is an approved, not proposed project) and list 'the various regulations applicable to proposals within it. No standards of the PDP would be changed by the proposal. The project complies wi`tli the requirements of the P-U zone and PDP 00-02(B). Attachment 13 is a table that provides a detailed analysis of project compliance with applicable development standards. C. Encina Specific Plan (SP 144) Adopted in 1971 and amended several times since, the Encina Specific Plan encompasses 680 acres and spans a two-mile distance from the Pacific Ocean to just east of Cannon Road near its intersection with Faraday Avenue. Within its boundaries are the EPS, Agua Hedionda Lagoon east and west of Interstate 5, and adjacent areas, Specific Plan 144(H), an action approved with the desalination project in 2006, incorporated PDP 00-02 by reference. The Specific Plan states that it must be amended if the PDP is amended. Since the proposed project would amend PDP 00-02, it triggers an amendment of the Encina Specific Plan. In 1998, the City Council adopted a Resolution. of Intention (ROI Reso. No. 98445), directing city staff to study and consider a comprehensive land use plan for properties within Specific Plan 144 (SP-144). The study was not done, but subsequent actions of the City Council reconfirmed that a comprehensive specific plan update is necessary, and that it should be applicant, rather than city -initiated. However, in 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the Specific Plan area be required to prepare a comprehensive update of the specific plan. This direction was revised in 2003, when the City Council passed Resolution 2003-208, allowed the PDP and Desalination Plant project to be processed as an amendment to the Encina Specific Plan 144 rather than through a comprehensive update of the specific plan. While the proposed SLS project is an improvement partially within SP-144, it is not subject to the comprehensive update requirement because it does not trigger or significantly impact the land use, public access and other issues of concern identified in the 1998 ROI. Specifically, the project is not subject to the comprehensive update requirement for the following reasons: a. The project improves major regional infrastructure that cannot be feasibly relocated. The project will replace existing facilities which have reached the end of their useful life. It,� u', PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Paae 8 b. The lift station and pipelines are not significant new land uses; they would improve existing like facilities and would be constructed in generally the same locations as those existing facilities. They would be located in an existing utility corridor bordered on the west side by the railroad. The majority of the pipeline portion of the project within SP-144 would be underground. Furthermore, care has been exercised in the design of above -ground structures such as the proposed lift station that features a low profile and partially buried structure and the replacement bridge for the sewer line. c. As a replacement and expansion of existing, like utility uses in generally the same location, the project would not represent a new, significant impediment to addressing the issues identified in the ROI, including land use and public access. d. The project proposes no changes to general plan land use or zoning designations or any conditions or policies of SP-144. e. As discussed in this section, the project complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda Land Use Plan, and Scenic Corridor Guidelines. f. The project would result in only minor changes to the latest adopted versions of the Encina Specific Plan and the PDP (SP-144(J) and PDP 00-02(B)) in the form of text and graphic changes that merely recognize the proposed improvements and make clarifications. Consistent with SP 144(J) and PDP 00-02(B), these minor changes are considered "formal amendments" to the documents. Since the project would not require a comprehensive update, it instead proposes an amendment to SP-144. The amendment enables the project to continue to be a part of SP-144 and subject to any future comprehensive review. As part of the amendment, the minor changes proposed to the SP-144 text and graphics reference and briefly describe the new SLS and PDP 00-02(C). Minor "housekeeping" revisions are also proposed to standardize references to SP-144 and note the City Council's requirement to comprehensively update the specific plan. Proposed revisions would also clarify the Council's discretion to waive or modify this update requirement as is recommended for this project by way of the amendment proposed. The proposed project complies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, and exterior lighting, as is discussed in detail in Attachment 13. D. South Carlsbad Coastal Redevelopment Plan The South Carlsbad Coastal Redevelopment Plan (SCCRP), adopted in 2000 and amended in 2005, establishes a 555-acre redevelopment area that includes the portion of the project from approximately the proposed SLS to Avenida Encinas, a few hundred feet south of the Cannon Road area. The SCCRP is in effect through 2030. The stated goals that are applicable to the project include: PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AQUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 9 • Eliminating blight and environmental deficiencies in the Redevelopment Project Area. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off -site improvements to stimulate new commercial/industrial expansion, employment and economic growth. • Developing new beach and coastal recreational opportunities. The project will achieve these key goals of the redevelopment plan by replacing an existing sewer lift station, which is blighted, under -sized, outdated and nearing the end of its useful life. The project also includes the installation of a 12" recycled water line, which will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provide adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. Furthermore, the pipe support bridge over the Agua Hedionda Lagoon is being designed to accommodate the future Coastal Rail Trail through this area, which will allow pedestrians and bicyclists recreational opportunities adjacent to the lagoon and coast. SCCRP Section 527 requires all property within the Redevelopment Plan boundaries to be developed, redeveloped, or rehabilitated in conformance with the goals and provisions of the Plan and the requirements and regulations of the General Plan, Zoning Ordinance, and any other state or local requirements, such as guidelines and specific plans. Further, Section 601 indicates the permitted land uses within the Plan boundaries are those permitted by the General Plan, Zoning Ordinance and all other state and local requirements. Exhibit C of the SCCRP lists proposed projects and infrastructure improvements and identifies "Commercial Rehabilitation and Economic Development Programs", which facilitate development of modern industrial, commercial, and utility facilities. An amendment to SCCRP Section 601 passed and adopted in November 2005, states that specific uses, including a "wastewater treatment plant" may be permitted in the Redevelopment Plan only if the Housing and Redevelopment Commission finds all of the following are satisfied: • The Commission approves a finding that the land use serves an extraordinary public purpose; • That the Commission approves a Precise Development Plan or other appropriate planning permit or regulatory document; and • That the Commission has issued a Redevelopment Permit. A. Redevelopment Permit and Precise Development Plan are included in this project. As stated above, the Housing and Redevelopment Commission must also make a finding that the proposed project serves an extraordinary public purpose. Evidence to support making this finding is provided below. • As mentioned above the existing sewer lift station and pipelines, which was constructed in 1964 and rehabilitated in 1989, are under -sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey o PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 10 future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities and features modern components to improve reliability and functionality. • The proposed project will be located to the east of the existing sewer lift station and thus further away from the lagoon to protect the sensitive resources in and adjacent to the lagoon. Furthermore, the proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. The proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle -style wood bridge(s), including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the site. • The lagoon channel bridge is being constructed to accommodate the future Coastal Rail Trail through this area, which will enhance recreational activities where none exist through this area. Overall, the proposed project does comply with the applicable goals and requirements of the SCCRP, including the finding of extraordinary public purpose. E. Local Coastal Program Review of Required Coastal Findings The project affects two parts of the City's Coastal Zone: the Mello II segment and the Agua Hedionda Land Use Plan segment. The latter segment encompasses the Encina Power Station, the lagoon, and property around the lagoon. Pipeline from the northern end of the project to Cannon Road, including the sewer lift station, are located in the Agua Hedionda Land Use Plan segment. Pipelines proposed south of Cannon Road are in the Mello II segment. Municipal Code Chapter 21.203, Coastal Resource Protection Overlay Zone, is also applicable to the project since the Overlay applies to all Coastal Zone properties. While the City has authority to issue the necessary CDP for pipelines in the Mello II segment, the California Coastal Commission (CCC) has retained the authority to issue the CDP north of Cannon Road, which includes the pipe support bridge and the SLS in the Agua Hedionda Land Use Plan segment. Staff s analysis of the projece's compliance with the Local Coastal Program (LCP) includes review of this segment. Staff finds the proposed project is consistent with applicable Local Coastal Program policies as follows: • Coastal Act Compliance: o The project is located within the California Coastal Zone, specifically within the Agua Hedionda and the Mello II segments of the adopted LCP. The portion of the project '104" PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 north of Cannon Road is in the Agua Hedionda segment, and south of Cannon Road is in the Mello Il segment. While the Agua Hedionda Land Use Plan has been adopted by the City of Carlsbad, no Implementation Plan has been certified by the CCC to date, and thus the CCC retains coastal permit authority for improvements within this segment. The Agua Hedionda land uses are generally consistent with the Carlsbad General Plan land uses for the project alignment within the Agua Hedionda LCP segment, which allows the proposed underground infrastructure project within the public right-of-way on Avenida Encinas, south of Cannon Road. The proposed project is consistent with this policy. Agua Hedionda Land Use Plan Segment: o Agua Hedionda LCP Coastal Act Policy 30230 Marine Resources. The project complies because the project avoids impacts to marine resources as the proposed bridge structure will completely span the entire channel width. Furthermore, the project will remove the existing trestle bridge structure which supports the existing_-.- 42-inch sewer pipe. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. Once removed, the in -channel piling holes will partially collapse and then fill with sand -and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as the existing sewer trestle bridge. As a result of these factors, there is a potentially beneficial impact to marine resources. o Agua Hedionda LCP Coastal Act Policy 30231 Biological Resources. The project complies because it will not impact the biological production and the quality of Agua Hedionda Lagoon. In fact, the project will have a positive impact to biological resources particularly when compared to the existing facilities it will enhance and replace, Specifically, the project replaces outdated infrastructure and increases the redundancy, capacity, and reliability of the sewer system. Additionally, the proposed SLS will be located further from the lagoon when compared to its existing location and will incorporate measures to treat stormwater and site runoff during and after construction. Finally, the proposed sewer support bridge spans the lagoon and features no in -water supports, unlike the current bridge it will demolish and replace. o Agua Hedionda LCP Coastal Act Policy 30240(a) Environmentally Sensitive Habitat Areas (ESHA). ESHA is defined in the Coastal Act Section 30107.5 as, "Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The project complies because the project avoids impacts with sensitive habitats, with the exception of a small disturbed area of Diegan coastal sage scrub (DCSS) habitat. However the ,.. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 12 DCSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered an environmentally sensitive habitat area, or ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.0.5 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, though the proposed sewer support bridge over the Agua H�,dionda channel crosses identified hardline open space, it will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. o Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally SensitiveHabitat Areas. The project complies because it will be sited and designed to prevent impacts which would significantly degrade Agua Hedionda Lagoon. o Agua Hedionda LCP Policy 1.9. This policy limits building heights to 35 feet. The SLS, the only project building, is partially buried to minimize its presence and has a maximum height of 25.5 feet. o Agua Hedionda LCP Policy 6.7. The project complies with this policy, which encourages the maintenance and expansion of lagoon recreational uses, by facilitating extension of the Coastal Rail Trail via the proposed sewer support bridge over the lagoon. • Mello II Segment: o Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. o Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because:no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the Standard Urban Stormwater Mitigation Plan (SUSMP). In addition, the city will include requirements in the CDP approval to allow inspection and maintenance of the BMPs, and the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut -and -fill). BMPs are also proposed to treat site runoff following construction of the SLS. o Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. o Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 I sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Carlsbad LCP Mello 11 Policy 4-6 Sediment Control Practices. The project complies ��pl will be provided through the use of silt fences, sandbags and Av ��� 1 _.,An1Trt Wll trpmh swib during the construction PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03- AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 12 DCSS in this area is not rare or especially valuable because it is in a series of small, fragmented, isolated patches, surrounded by a highly urbanized environment. Nor is the impacted vegetation especially valuable to the ecosystem since the area has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project is not considered an environmentally sensitive habitat area, or ESHA. Notwithstanding that the project will not impact ESHA, it will mitigate for the 0.05 acres of DCSS that will be impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). Additionally, though the proposed sewer support bridge over the Agua He,,dionda channel crosses identified hardline open space, it will be situated 17-feet above the surface of the water, and thus will not impact any hardline habitat. o Agua Hedionda LCP Coastal Act Policy 30240(b) Environmentally Sensitive Habitat Areas. The project complies because it will be sited and designed to prevent impacts which would significantly degrade Agua Hedionda Lagoon. o Agua Hedionda LCP Policy 1.9. This policy limits building heights to 35 feet. The SLS, the only project building, is partially buried to minimize its presence and has a maximum height of 25.5 feet. o Agua Hedionda LCP Policy 6.7. The project complies with this policy, which encourages the maintenance and expansion of lagoon recreational uses, by facilitating extension of the Coastal Rail Trail via the proposed sewer support bridge over the lagoon. • Mello II Segment: o Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. o Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because.no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in the NationalPollutant Discharge Elimination System (NPDES) permit and in the Standard Urban Stormwater Mitigation Plan (SUSMP). In addition, the city will include requirements in the CDP approval to allow inspection and maintenance of the BMPs, and the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut -and -fill). BMPs are also proposed to treat site runoff following construction of the SLS. o Carlsbad LCP Mello H Policy 4-4 Removal of Natural Vegetation. The project complies and will not significantly contribute to the removal of vegetation because it will minimize the sensitive vegetation impacted and will mitigate for that removed. o Carlsbad LCP Mello H Policy 4-5 Soil Erosion Control Practices. 'rhe project complies because onsite erosion will be avoided as a result of the use of silt fences, PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 13 sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. o Carlsbad LCP Nlello II Policy 4-6 Sediment Control Practices. The project complies as sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. - • Coastal Resource Protection Overlay Zone: o The project complies with Municipal Code Section 21.203.040 A. regarding preservation of steep slopes with native vegetation as it does not impact any such features. The SLS will be constructed into an existing hillside without native vegetation and the pipelines are proposed in roadways or already disturbed areas. o The project complies with Municipal Code Section 21.203.040 B. regarding drainage and erosion as the MMRP includes mitigation measures to address drainage, erosion control, sediment control and storm water quality, as set forth in the NPDES permit and other required standards and permits. o The project complies with Municipal Code Section 21.203.040 D. regarding development in liquefaction -prone areas as the MMRP includes a mitigation measure to address potential settlement due to seismically -induced liquefaction or later spread. F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code) The key purpose and intent of the Hillside Development Ordinance is to assure hillside conditions. are properly identified and incorporated into the planning process, and to preserve and/ enhance the aesthetic qualities of natural hillsides and manufactured slopes of the land, minimizing the amount of project grading, especially in highly visible public places. The project is subject to this ordinance due to its proposed grading and construction of the SLS on the north - and west -facing slopes of Agua Hedionda Lagoon and installation of a new gravity sewer line and other infrastructure on both sides of an .existing man-made slope just north of the lagoon. The reminder 'of the project is on flat or gently sloping topography and is not subject to the ordinance. The applicant has submitted the required slope analysis and profiles that identify the slope conditions. The project area in which the SLS is proposed consists of an existing manufactured slope with slope gradients over forty percent, and slope heights that exceed fifteen feet. The project does include grading of a portion of the slope with an inclination of greater than 40 percent; however, per Section 21.53.230 this only applies to natural slopes and not manufactured slopes. The hillside where the SLS will be constructed was manufactured, which is defined as a man-made slope consisting wholly or partially of either cut or fill material. As shown on Figure 2 of the Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3 2009, the yy, . PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Page 14 lower pad area of the lift station site and adjacent 2:1 slope are manufactured from fill material that was likely dredged from the lagoon. In addition, the proposed alterations of this slope to accommodate the SLS have grading quantities that exceed 10,000 cubic yards per acre. However, per Section 21.95.140 D — Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the Hillside Development Ordinance's volume of grading as long as the proposed grading can be justified.. As explained below, staff finds the proposed grading volumes acceptable as well as overall compliance of the project with hillside standards. In order to maintain the integrity of the existing hillside, the grading quantities proposed are necessary to enable the SLS structures to be constructed mostly below the surrounding finish grade level, which preserves the existing contours and elevation of the hillside. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining - walls, resulting in the,facility being situated mostly below grade, with only the south and western walls being readily visible. The low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in front of the buildings to soften the structures appearance and blend in with the surrounding vegetation. The project complies with the Hillside Development Ordinance as shown in Table C below: TARLF C - HILLg111F. T)1W.VFT.0Pl 4-FNT RFO-IfTT A rT"XTC rnnRUT TAXTI-1 STANDARD PROPOSED PLAN v COMPLIANCE Grading volumes > 10,000 cu Soil at the SLS will involve approximately Yes yds/acre allowed if the 40,000 cubic yards of soil excavation and project qualifies as an 14,000 cubic yards of soil filling, which will exclusion or modification per result in a net 26,000 cubic yards of soil to Section 21.95.130 and be exported from the SLS location. 21.95.140, PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 TABLE C: HILLSIDE DEVELOPMENT REGULATIONS COMPLIANCE CONTINUED STANDARD PROPOSED PLAN COMPLIANCE As mentioned above, per Section 21.95.140 D — Modifications to the development and design standards, development on land designated for nonresidential development is not required to comply with the volume of grading requirements as long as the proposed grading is justifiable. Grading quantities are acceptable as they are proposed to allow the structures to fit into the hillside without changing the existing contours or reducing the elevation of the hillside. Further, the three sewer lift station structures will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls visible up to 25.5 feet above grade. Contour grading: Required for The grading of the manufactured slope for the Yes manufactured slopes greater SLS will maintain the integrity of the existing than 200 feet in length and slopes where possible. The backfilling of soil visible from a circulation around the SLS will match the existing roadway, collector street or contours of the slope. Furthermore, the area to usable public open space. be graded for the SLS and the fill grading for the piping to the north of the Agua Hedionda Lagoon will be planted with drought tolerant native plants and/or hydro -seeded with native seeds to give the slopes a more aesthetically pleasing and naturally appearing look. Screening of slopes.. The structures would be low profile and have Yes a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades with stained earth tone colors that would look similar to existing conditions, and over time, the proposed drought .resistant landscaping would mature and further soften the visual appearance of the structures. Landscape manufactured A landscape plan has been provided and Yes slopes consistent with City's includes drought resistant native vegetation -Landscape manual. that will help screen and soften the structures. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Paize 16 G. Special Use Permit (Floodplain) Projects located within any area of special flood hazards must obtain approval of a Special Use Permit (SUP) by the floodplain administrator (the City Planning Commission). The intent of these regulations is to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas." The project does not propose any structures within the 100-year flood hazard area, but a SUP is required because of the bridge demolition work proposed over Agua Hedionda Lagoon. As mentioned previously, the project will remove the existing trestle bridge structure which supports the existing 42-inch sewer pipe. Optionally, the structure supporting the 12-inch high pressure natural gas transmission line may be removed. The sewer line bridge structure contains eight (8) narrow bridge support/pilings which presently sequence across and into the bottom of the Agua . . Hedionda Lagoon channel. These support/pilings are 14-inches in diameter, and set approximately 20-feet below the mud line on the bottom of the lagoon, and create some measurable amount of water friction through the channel, which will be eliminated through implementation of the project. No equipment will be located in the lagoon. Once removed, the in -channel piling holes will partially collapse and then fill with sand and sediment from the tidal action. As an option, the existing natural gas transmission line bridge may also be removed. This bridge contains four driven wood piles (two on land and two in the channel). The natural gas bridge would be removed in the same fashion as' the existing sewer trestle bridge. As a result of these factors, it is determined that no impacts (and potentially a minute beneficial impact) to the 100-year flood hazard area would occur from implementation of the project. Therefore, the proposed project would be in compliance with the Floodplain Management Regulations. H. Habitat Management Plan Vegetation which would be impacted through implementation of the project includes Diegan Coastal Sage Scrub (unoccupied by the California gnatcatcher) (Habitat Group D), Non-native Grassland (Habitat Group E), Eucalyptus Woodland (Habitat Group F), Disturbed; Land (Habitat Group F), and Developed Land. Permanent impacts for the project will total 3.24 acres and temporary impacts will total 7.35 acres. Permanent impacts are those associated with the construction of the pump station facility, those impacted by permanent grading, and those associated with the Agua Hedionda channel bridge abutment and support foundation structures. This project is covered under the HMP, and therefore is eligible to mitigate upland habitat impacts through the Lake Calavera Mitigation Parcel. Mitigation measures are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 of the MMRP under Biological Resources, except that Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation RM PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 D___ 1'7 acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lake Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location, The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the demolished, filled -in existing lift station overflow basin, but could occur in a different location in the area. Through design and mitigation, the project avoids and minimizes impacts to habitat. With mitigation measures included in the project's MMRP, all identified impacts can be shown to be consistent with the HMP and reduced to a level of insignificance. Furthermore, the project is consistent with Municipal Code Chapter 21.210, Habitat Preservation and Management Requirements, and is conditioned consistent with the management, maintenance, and monitoring standards of Section 21.210.14. I. Growth Management The project alignment is located within Zones 1, 3 and 22 Local Facilities Management Plans (LFMP) areas. The pipe support bridge and piping to the north of the bridge are located in Zone 1. The SLS and piping to the south to Palomar Airport Road are located within Zone 3, and all piping south of Palomar Airport Road is within Zone 22. The zones identified above implement the Citywide Facilities and Improvements Plan and LFMPs for various geographic areas of Carlsbad. The LFMPs were adopted to ensure that growth occurred in concert with public facilities and service systems. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not include residential uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand that might result from commercial or other non-residential land uses. 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. Replacement of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build -out demand of the service area. V. ENVIRONMENTAL REVIEW Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment determined the project has potentially significant impacts in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous • materials, land use, transportation/circulation, and mandatory findings of significance. To reduce these potentially PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT February 2, 2011 Paize 18 significant impacts to a less than significant level, mitigation measures contained in the projects MMRP, are required. Based on the above, the City Planner issued a Notice of Intent to adopt a MND for the project on August 13, 2010 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review (August 17, 2010 — September 16, 2010). One comment letter was received during the 30-day public review from Preserve Calavera. The comment letter, and staff s response to the letter, are included as part of the Planning Commission Resolution for the MND. The project was modified slightly after the public comment period to increase the proposed fl- inch potable water line to 6-inch per the City of Carlsbad Fire Department's requirements to have enough water pressure available to operate a proposed fire hydrant on the EPS site. The increase in the potable water line will allow for an additional 1,000 gallons per minute (GPM) of water flow to be delivered to the site in the event of a fire. The minor increase in pipe size and water.. . flow does not require recirculation of the Mitigated Negative Declaration in accordance with CEQA Section 15073.5(c)(2), since the increase in the potable water line and water flow is only to accommodate a fire hydrant, and therefore does not constitute a significant project modification nor create a new avoidable significant effect. A memo stating the change to the EIA Part II is included as part of the Planning Commission Resolution for the MND. ATTACHMENTS: 1. Planning Commission Resolution No. 6753 (MND) 2. Planning Commission Resolution No. 6754 (PDP) 3. Planning Commission Resolution No. 6755 (SP) 4. Planning Commission Resolution No. 6756 (RP) 5. Planning Commission Resolution No. 6757 (CDP) 6. Planning Commission Resolution No. 6758 (HDP) 7. Planning Commission Resolution No. 6759 (SUP) 8. Planning Commission Resolution No. 6760 (HMP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Detailed Construction Phasing Description 13. Detailed Analysis of Project's Compliance with Applicable Development Standards 14. 8.5" x I I" Reduced Exhibits 15., 11" x 17" Reduced Exhibits "A" — "Y" dated February 2, 2011 7A AV N NOT TO SCALE SITE MAP Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement Project PDP 00-02(C) / SP 144(L) / RP 10-26 / CDP 10-17 / HDP 10-05 / SUP 10-02 / HMP 10-03 F: elk BACKGROUND DATA SHEET CASE NO: PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10 CASE NAME: AQUA HEDIONDA SEWER LIFT STATION FORCE MAIN AND GRAVITY SEWER REPLACEMENT. APPLICANT: City of Carlsbad REQUEST AND LOCATION: Request recommending adoption of a mitigated negative declaration and a mitigation monitoring and reporting rogram to construct a replacement sewer lift station, sewer support bridge force & gravity main and associated pipelines SLS) south of Chinquapin Avenue to the Encina Water Pollution Control Facility (EWPCF) within easements on public and private property and within the right-of-way of Avenida Encinas LEGAL DESCRIPTION: A portion of properties within easements identified as Assessor's Parcel Number 210-010-09 210-010-26, 210-010-41 210-010-42 210-011-05 and public right- of-way on a portion of Avenida Encinas APN: 210-010-09, 210-010-26 210-010-41 210-010-42 and 210-011-05. Acres: The project extends approximately 12,380 linear feet (2.35 miles) in a north sotith direction. The lift station is located on an approximate 2.3 acre area on the northeast end of the Encina Power Station (EPS) which is approximately 95 acres Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: 1) BNSF railroad r-o-w has a Transportation Corridor (TC) designation; 2) EPS and SDG&E have a Public Utilities (U) designation; 3 Property owned by West Real Estate LLC has a Travel/Recreation Commercial (T-R) designation; and 4) the public right-of-way on Avenida Encinas has a Secondary Arterial designation Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone:1) BNSF railroad r-o-w has a Transportation Corridor (T-C) designation; 2) EPS and SDG&E have a Public Utilities (P-U) designation-, 3) Property owned by West Real Estate LLC has a Commercial Tourist — Qualified Overlay (C-T-Q) designation; and 4) the public right of -way on Avenida Encinas has a Secondary Arterial designation. Proposed Zone: N/A RPviQpd AIIM P Surrounding Zoning, General Plan and Land Use (EPS only. The piping to the north and south of the EPS is surrounded by industrial, commercial, residential, transportation and open space General Plan and zoning designations and current land uses): Zoning General Plan Current Land Use Site P-U U Power Station North O-S OS Open Space (lagoon) South P-U U Industrial East T-C TC Highway (I-5) West O-S OS Open Space (beach) LOCAL COASTAL PROGRAM Coastal Zone: ® Yes ❑ No Local Coastal Program Segment: Mello II . & A ua Hedionda Land Use Plan Within Appeal Jurisdiction: ® Yes ❑ No Coastal Development Permit: ® Yes ❑ No Local Coastal Program Amendment: ❑ Yes ® No Existing LCP Land Use Designation: U* Proposed LCP Land Use Designation: N/A Existing LCP Zone: P-U* Proposed LCP Zone: N/A (*EPS only; other LCP land use designations and zoning for the remainder of the project are similar to the surrounding zoning and General Plan designations north and south of the EPS as identified above. ) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT ❑ Categorical Exemption, Mitigated Negative Declaration, pending City Council adoption ❑ Certified Environmental impact Report, dated ❑ Other, ATTACHMENT 12 Page 5 2. Pervious surfaces. Pervious gravel or earthen cover will be utilized over a portion of the lift station site. These surfaces will capture stormwater and allow it to infiltrate into the ground instead of running off the surface, and off of the site. 3. Infiltration basin. An infiltration basin will be located at the south end of the site. This basin will be designed to use the natural filtering ability of the soil to remove pollutants from site stormwater runoff. SLS Equipment Redundancy. The SLS is designed to handle full anticipated build -out demand (33 mgd PWWF) of the service area. The SLS design also incorporates extensive equipment redundancy for ensuring that equipment failures do not result in sewage spills. The redundancy concept involves a lift station configuration that includes two independent pumping elements; the "lift" side and the "force main" side. The lift side of the station includes four 40 hp pumps. The force main side of the station includes four 100 hp pumps. The total pumping capacity of the station is up to 23.5 mgd on the lift side and up to 26.5 mgd on the force main side. The total station capacity is 50 mgd providing 50% redundancy at PWWF conditions (33-mgd) and over 100%. redundancy at PDWF (21 mgd). The force main side and lift side can independently pump PDWF (21 mgd). In the event that a total mechanical failure occurs on either side, the station will remain operable without consequences under PDWF conditions, and contains power redundancy and significant upstream storage capacity (both described below) under catastrophic circumstances were they to occur under peak wet weather conditions, SLS Electrical Redundancy. The station is also equipped with multiple redundant features in terms of emergency back-up power. It is designed with two independent electrical circuits (primary and secondary) plus a generator, for a total of three independent power sources and will include an automatic standby transfer switch in the event of catastrophic electric failure. In the event of full regional blackout, emergency power will be provided by a built-in onsite diesel fuel generator. Under such emergency conditions, the generator will provide power. to all SLS facilities. The generator has the capacity to store enough fuel for 24 hours of operation. Under such circumstances, the station is designed with alarms to alert officials to any electrical problem and to enact the contingency plans to reduce flow into the SLS (upstream lift stations contain storage volume) under such circumstances, if necessary. The upstream pipe also contains a significant amount of storage capacity, which can gradually fill up to allow the time necessary to resolve a problem, should it occur. Hazardous Materials. Outdoor material storage areas, including the future chemical storage area at the SLS will be designed to reduce pollution introduction. Hazardous materials with the potential to contaminate urban runoff will be; 1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with rain, runoff or spillage to the storm water conveyance system; and 2) protected by a surrounding series of secondary containment structures such as berms, dikes, or curbs. The storage area will be paved and sufficiently impervious to contain leaks and spills, and will also be designed with a roof or awning to minimize direct precipitation onto and within the secondary containment area. Construction Description As mentioned previously, the project will be constructed in three phases. The schedule for construction of these phases could be separate, could overlap, or could be constructed simultaneously. Re-routing of the 12-inch high pressure natural gas transmission line, installation of the 12-inch recycled water line, and replacement of the 3-inch potable water line with a 6-inch water line is anticipated to occur with each adjacent segment of sewer construction; however, as noted ATTACHMENT 12 Page 6 earlier, it is likely that only the portion of recycled water line between Cannon Road and Palomar Airport Road will be constructed and pressurized with the sewer line due to funding limitations. The construction/installation of the pipeline portions of the project will be accomplished through both conventional open -trench method, and through trenchless construction tunneling techniques (i.e.; horizontal directional drilling and micro -tunneling). Trenchless construction/tunneling of the sewer lines will be used in areas where a high number of existing underground utilities must be avoided, or where open trenching would result in traffic disruption in high traffic areas, such as through the Cannon Road and Palomar Airport Road intersections with Avenida Encinas. Construction will occur in three phases, with the middle portion of the project at the EPS facility being last. Phase 1 includes improvements -from a point approximately 300-feet south of Cannon Road to the southern, limit of the project at the EWPCF. Phase 2 encompasses construction from the north end of the project near Chinquapin Avenue to the southern abutment of the proposed sewer line support bridge over Agua Hedionda Lagoon, located just north of the SLS. The third phase of construction would extend from the south end of the support bridge to the north end of the Phase 1 improvements just south of Cannon Road. Construction Phasing Phase 1. Phase 1 involves installation of the gravity sewer main from a point approximately 300=feet south of Cannon Road- to the southern limit of the project at the EWPCF. At the upstream end of Phase 1, the sewer line will be installed via standard open trenching construction method. The trenching will be accomplished within the existing Avenida Encinas hardscape median southerly to a point approximately 1,500 feet northerly of Palomar Airport Road. At this point, microtunneling trenchless construction will be used to burrow the sewer line under and beyond the Palomar Airport Road intersection, to a point where it will exit approximately 650 feet south of the intersection. Microtunneling construction necessitates the temporary placement of jacking and receiving pits (approximately 20-feet wide by 40—feet long and 12-feet wide by 20-feet long, respectively) at the beginning and end of each tunneling segment length. The remaining length (approximately 1,500 feet) of the alignment south of Palomar Airport Road to the EWPCF will be installed through open trench construction within the Avenida Encinas roadway pavement area. All of the recycled water line installation will be via open trench method. Phase 2. Phase 2 begins at the northern end of the project. Temporary chain link fencing will be placed around the perimeter of the work area. The sewer line alignment between the northerly connection and the channel bridge location -will be graded. This grading will necessitate the import of approximately 7;000 cubic yards of fill soil so that the existing berm can be widened and heightened (by approximately 3-feet) to accommodate the soil cover necessary for the larger (54- inch) proposed underlain pipe. A temporary above -grade by-pass pumping system which will run along the western edge of the work zone will be utilized during the construction period to convey sewage while the existing, aged 42-inch sewer pipe is removed. This temporary by-pass system will involve an 18-inch temporary bypass pipe with multiple pumps, situated at the north end of the project, routing to the existing lift station. Southward, the new 54-inch sewer pipe, 12-inch recycled water line and 6-inch potable water line will then be laid across the Agua Hedionda channel via the proposed pipe support bridge. This will involve the setting of a weathered steel bridge with concrete vertical abutment supports on both the north and south sides of the channel. The bridge will completely span the entire channel width so that no work is needed within the 100-year flood elevation. Bridge construction will involve approximately 800 cubic yards of excavated cut soil for the bridge abutments and footings. The -5c f , ATTACHMENT 12 Page 7 existing 12-inch high-pressure natural- gas transmission line will be relocated to avoid the northerly bridge abutment in this area. Overhead electrical distribution facilities will be relocated as needed to provide continued service to existing customers, and minimize construction activity interference. The bridge abutments will be constructed of concrete, and are designed with supporting retaining walls up to 23.5 feet in height. Phase 3. Phase 3 improvements include the sewer line from the southern end of the bridge to the SLS, construction of the SLS and appurtenances, installation of a new 300-foot long connector sewer line segment between the new SLS and the existing 42-inch gravity line traveling south from the existing lift station, and installation of the force main between the new lift station and the north end of the Phase 1 improvements. The bulk of the improvements on the south side of the Agua Hedionda Lagoon channel will be installed through the excavation and construction of the SLS structure, and related piping, ducting, conduits and appurtenances. The majority of the construction work will take place on and around the SLS site. Temporary fencing will be placed around the perimeter of the SLS work area. Soil excavation at the SLS will involve approximately 40,000 cubic yards of soil excavation and 14,000 cubic yards of soil filling, which will result in a net 26,000 cubic yards of soil to be exported from the SLS location. From the south end of the SLS to a point south of Cannon Road (approximate 3,960 linear feet), the sewer line will be installed via a HDD method. This method allows boring of a hole of sufficient size through use of a steerable pilot hole through the ground and then a series of increasingly large drill bits along the horizontal alignment and vertical elevation required for the pipe. The drill is guided by electro- magnetic or GPS signals which direct the drill bit. This HDD method allows the installation of the pipeline at the proper underground elevation and alignment without open trench disturbance to the surface of the ground. A "drillers mud99 (bentonite clay slurry) will be pumped into the void behind the drill bit. Bentonite is a natural mineral, which serves to cool and lubricate the drill bit as well as stabilize and seal the drill hole against seepage and tunnel wall cave-ins until the pipe is stable. The recycled water line along this route will however, be constructed at a much shallower depth (5-feet below grade surface), and thus it will be laid via standard open trench construction. Other Construction Details Traffic Control. Work within the public streets will involve temporary control of traffic through the work activity zone, as normal traffic flow and patterns will be disrupted, primarily within Avenida Encinas. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Avenida Encinas is a four lane secondary arterial north of Palomar Airport Road and at least one lane each direction will be kept open to traffic at all times. South of Palomar Airport Road, Avenida Encinas becomes only two lanes (one each direction) and thus short segments of the roadway could be closed for short periods to all except local traffic. Along the sewer line construction lengths to be constructed through trenchless (tunneling) methods, minimal or no impact to driveways or business operations will occur. Open trenching across the Cannon Road and Palomar Airport Road intersections for the 12-inch recycled water line will take place in one -lane segments so that only a single lane is closed to traffic at any time. Lane closures across these busy roadways will be of short duration (3-days) since the recycled water line involves only a relatively shallow 5-foot deep trench. This recycled water line installation may occur during nighttime hours to minimize disruption to traffic flow and local businesses. Upon completion of open trenching backfill, the trench area will be promptly capped with asphalt to return the roadway to a smooth driving surface. ATTACHMENT 12 Page 8 Equipment Staizing Areas. Machinery necessary to accomplish the trenching and pipe laying work will be stored on existing adjacent pads and within closed lanes of the street. Specifically, the major staging areas for pipes, machinery, materials and tools will be on; (a) the cleared area near the railroad tracks at the north -end of the project; (b) on the graded pad at the YMCA site, (c) immediately east of the proposed SLS site, and (d) the triangular shaped parcel owned by the City of Carlsbad at the southwest corner of Avenida Encinas and Palomar Airport Road and east of the railroad tracks. Backhoe and similar rubber -tire machinery will be primarily utilized for open trenching, with the spoils temporarily laid directly adjacent to the trench. No machinery staging areas will be located within sensitive biological habitat areas. Grading. During the construction period, a total of approximately 77,471 cubic yards of soil and gravel will be graded or trenched. Approximately 39,056 cubic yards of this excavated soil will be used to back -fill necessary portions of the project. The remaining 38,579 cubic yards of this soil will be exported to an acceptable offsite location. Where necessary, some high quality bedding soil (7,069 cubic yards) and gravel (7,767 cubic yards) will be imported to the site to be placed above and below the pipeline (within the trench) to protect the proposed sewer line. Bedding material will be consolidated and compacted under and around the new sewer pipe and fill material will be evenly spread and moistened or aerated, as required. Backfill material will be deposited in uniform horizontal layers, and compressed to produce a specified relative compaction. Construction Erosion Control. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will comply with the requirements of the State Construction General Permit, Order No. 2009-0009-DWQ. ATTACHMENT 13 Page 1 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS Standard Source of Requirement Compliance?. Comments Permitted Uses Municipal Code Section 21.36.020; Yes • Wastewater treatment facilities South Carlsbad Coastal are a permitted use per Municipal Redevelopment Plan (SCCRP) Code Section 21.36.020. Section 601; PDP Section IV, which • SCCRP Section 601 states the references Code and SCCRP and land uses permitted by the also requires PDP consistency. SCCRP shall be those permitted by the General Plan and zoning ordinance; therefore, the proposed SLS is permitted in the Redevelopment Area only if: • Redevelopment Permit approved • Precise Development Plan approved • Finding of "Extraordinary Public Purpose" made. Conditional Uses Municipal Code Section 21.36 - N/A (no CUP • Existing CUP uses within PDP, 21.36.110; PDP Section IV, which uses proposed) including cellular facilities and references Code and requires PDP aquaculture farm, are presumed to consistency. have valid CUPS. • Uses are subject to Municipal Code and PDP standards per Section IV. Minimum Lot Area Municipal Code Section 21.36 - Yes • The proposed SLS sits on an Existing Code Standard: 21.36.060; PDP Section IV (PDP approximate 2.3 acre area within • 7,500 square feet incorporates Code standard). Planning Area 2. Lot Coverage Municipal Code Section 21.36 - Yes • Lot coverage of entire 95-acre Existing Code Standard: 21.36.070; Proposed PDP Section PDP area, with proposed SLS, is • All buildings and structures shall IV (PDP incorporates this standard). approximately 16%; cover no more than 50% of the • The SLS buildings and area of the lot. hardscaping cover approximately 13.5% of the 23 acre lift station easement area. Parking, Loading, and Refuse Municipal Code Section 21.36 - Yes • There are no yard standards Collection Areas 21.36,080; PDP Section IV. established in the Code. Existing Code Standard: • The SLS site is not adjacent to • No parking or loading areas in a any street or within 10' of an front, side or rear yard adjoining interior property line. a street; or within 10' of an • Proposed SLS will not generate interior side or rear property line. any traffic, other than a daily visit PDP standards: for observation monitoring by a • Parking, loading, and refuse wastewater technician and areas should be visually screened infrequent maintenance from public view by existing operations. fencing and landscaping; • No refuse collection or loading • Parking, loading, and refuse areas are proposed for the SLS areas should be placed at site. building rear and sides; • Outdoor refuse and loading areas visible from public areas should be visually screened, as necessary, to a height up to 10- foot high. 311 ATTACHMENT 13 Page 2 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance? Comments Landscaping Municipal Code Section 21.36 - Yes • There are no yard standards Existing Code Standard: 21.36.090; PDP Section IV. established in the Code; instead • Except for approved ways of the PDP establishes setbacks, but ingress and egress and parking only along portions of the EPS and loading areas, all required perimeter. See discussion under yards shall be irrigated and "Setbacks" below, permanently landscaped with at • Perimeter landscaping is well least one or a combination of established along the lagoon and more than one of the following: Interstate ,5. Lawn, shrubs, trees, and flowers; • A landscape plan for the proposed • No walls or fences over four feet SLS is included in the plan set in height may be constructed in and will include 15 gallon and 24 any area where landscaping is inch box trees, shrubs and ground required. cover: ` • There are no proposed specific PDP standards: parking areas. One maintenance • Landscaping shall comply with vehicle per day is expected at the existing standards; facility and will not be readily • Where visible to the public, plant visible from I-5 or Carlsbad sizes shall meet minimums Boulevard. specified in City landscape • Landscaping along the NCTD manual; corridor is acceptable: • Landscaping adjacent to • As detailed below, the SLS Carlsbad Boulevard and the exceeds setback requirements of NCTD railroad corridor shall be the PDP. consistent with scenic corridor guidelines to enhance the area's visual character; • Parking visible from Carlsbad Boulevard shall be screened; • Removed, dying, or diseased perimeter trees and shrubs shall be replaced with equivalent material. Grading Municipal Code Section 21.36 - Yes • The SLS facility is primarily Existing Code Standard: 21.36.050 (6); PDP Section IV. underground. In order to • None, except City may impose accommodate the SLS, the lift special grading instructions per station site will be excavated to Code section cited. approximately 20 feet below PDP standards: existing grade, with two of the • Grading in visible areas should walls (north and east) of the main utilize natural contour grading to structure backfilled to submerse preserve and enhance the -natural the structure below grade to the appearance; degree feasible. As a result, the • Grading shall comply with all SLS structure will be constructed City and Coastal Commission mostly below the surrounding Requirements. finish ground level; thereby, preserving the natural contours of the hillside and enhance the natural appearance. • Proposed grading is conditioned to comply with all requirements. ATTACHMENT 13 Page 3 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance? Comments Architecture and Building Municipal Code Section 21.36 - Yes • As stated above, the SLS Materials 21.36.050; Encina Specific Plan structure will be constructed Existing Code Standard: 144; PDP Section IV. mostly below the surrounding • None, except City may impose finish ground level. The special requirements per Code structures will have a flat roof. section cited. As such, the building is a series of square and rectangular shapes Existing Encina Specific Plan architecturally articulated to vary Standard: building elevations and facade from the view of the rail • All buildings shall be subject to passengers travelling through the architectural review to assure a city. The exterior of the structure maximum amount of design will include a textured geometric compatibility with the pattern and be stained earthtone neighborhood and existing colors in order to blend in with facilities. the natural surroundings. • PDP standards: Form and design of any new buildings to be largely determined by visibility from locations surrounding the Power Plant and applicable government requirements; • Building materials and finish should also reflect neighborhood compatibility; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project. ATTACHMENT 13 Page 4 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Com liance? Comments Setbacks Municipal Code Section 21.36 - Yes • The PDP establishes minimum Existing Code Standard: 21.36.050 (1); PDP Section IV. yard or setback requirements of • None, except City may impose - 50-feet from property lines along setbacks, yards, and open space Carlsbad Boulevard and Agua per Code section cited. Hedionda Lagoon shoreline and Proposed PDP standards: 25-feet from Interstate 5. These • Minimum 50-foot setback from proposed setbacks establish yards Carlsbad Boulevard right of way; along the north, east, and west • Minimum 50-foot setback from PDP boundaries. There is no property line along Agua setback established along the Hedionda Lagoon shoreline; if south property line (common with blufftop is greater than 50-feet the SDG&E Operations Center) from property line, the top of the or along the railroad corridor. bluff shall mark the minimum The SLS complies with setback lagoon setback; - requirements; the SLS site at its • Minimum 25-foot setback from closest points are approximately Interstate 5 right of way; 140 feet from Agua Hedionda i No setbacks established from the Lagoon shoreline, about 1,400 south Power Station boundaries feet from Carlsbad Boulevard, or from interior property lines; about 500 feet from Interstate 5, • Planning Director may determine and over 3,300 feet from Cannon compliance with standards is Road. •Proposed piping and underground unnecessary based on other structures are not subject to agency requirements or function, setbacks. nature, and location of project; • Setback requirements do not apply to potential Coastal Rail Trail alignments, desalination facility pipeline alignments, detention basins, piping, and underground structures unless determined necessary for public health, safety, and welfare purposes by the Planning Director. Parking Municipal Code Section 21.36 - Yes • Parking provided for the SLS is Existing Code Standard: 21.36.050 (11); PDP Section IV. more than adequate to • None, except City may impose accommodate one maintenance parking requirements per Code vehicle per day and does not section cited. affect parking provided for the PDP standards: power plant. • Because of unique uses at Power Station, parking needs may require case -by -case analysis based on number of employees, hours of operation, etc; • When applicable, Zoning Ordinance parking standards shall be followed. Iq ATTACHMENT 13 Page 5 COMPLIANCE OF SEWER LIFT STATION WITH DEVELOPMENT STANDARDS CONTINUED Standard Source of Requirement Compliance? Comments Building Height Municipal Code Section 21.36 - Yes • Agua Hedionda Land Use Plan Existing Code Standard: 21.36.050 (2); Encina Specific Plan height standard adopted in 1982, • None, except City may impose 144; Agua Hedionda Lane Use Plan. after completion of the Power height requirements per Code Plant generating building and section cited. 400-foot tall emissions stack. Existing Encina Specific Plan • Specific Plan 144 states: The Standard: heights of future power • 35-feet. generating buildings and Existing Agua Hedionda Land Use transmission line tower structures Plan Standard: shall be of heights and of a • 35-feet. configuration similar to existing PDP standard: facilities. All storage tanks shall • None. be screened from view. No other • Note: No standard includes a structure or building shall exceed maximum number of building thirty five (35') feet in height stories. unless a specific plan is approved at a public hearing. • The tallest structure of the SLS is 25.5 feet high, excluding rooftop mechanical equipment and screen. Equipment and Storage Tank Municipal Code Section 21.36.050; Yes • The SLS is conditioned -to have Screening Encina Specific Plan 144. all mechanical equipment Existing Code Standard: screened. • None, except City may impose screening requirements per Code section cited. Existing Encina Specific Plan Standard: • Roof mounted equipment shall be screened; oil storage tanks shall be recessed and screened. PDP standards: • None. Lighting Municipal Code Section 21.36.050; Yes • Low -intensity, downward facing, Existing Code Standard: Encina Specific Plan 144. security lighting will be provided • None, except City may impose on the SLS site. 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'ay�n�yn�ar.M•iylfaia�.n �—+��rw 1 I� 1y 1 �r J I I 9hL -0N.49 �d NCLMP LWp6 UCA U--Ld 3anOIJ 333 -3NO NO-LYW I _ I ��, Y A3Y3e01. 3 Ali 1 jl £$$Sx , e 2SS7ii�s=s E1.aYu, Planning Commission Minutes PLANNING COMMISSION PUBLIC HEARING Ic February 2, 2011 Page 2 VOW'' Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 — AGUA HEDIONDA SEWER LIFT STATION FORCE MAIN AND GRAVITY SEWER REPLACEMENT — Request for: 1) adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Hillside Development Permit, Special Use Permit (Floodplain). The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. The total sewer project consists of a new 3,960-foot long force main (sewer line) and an 8,420-foot long gravity sewer line, a 50 mgd capacity SLS, associated utility relocations (natural gas transmission and electrical overhead relocations) and a pipe -support bridge spanning 140-feet across the Agua Hedionda Lagoon channel. The proposed project extends a total distance of approximately 12,380 linear feet (2.35 miles) in a north -south direction from near Chinquapin Avenue, south of Tamarack Avenue, to the Encina Wastewater Pollution Control Facility (EWPCF) on Avenida Encinas, south of Palomar Airport Road. The project will be constructed in three phases within the City's Coastal Zone. The locations and phases are as follows: Phase 1 - Cannon Road to the EWPCF within the public right-of-way on Avenida Encinas (sewer and gravity force main and 12 inch recycled water line); Phase 2 - south of Chinquapin Avenue to the south side of the Agua Hedionda Lagoon within San Diego Northern Railroad (SDNR) right-of-way (gravity sewer, including the pipe support bridge, 12 inch recycled water line and 6 inch potable water line); and Phase 3 - southern edge of the lagoon to Cannon Road within SDNR, NRG, SDG&E, and West Development properties and within the city's public right-of-way on Avenida Encinas (SLS, sewer force main, and 12 inch recycled water line). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Senior Civil Engineer Terry Smith. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Commissioner Dominguez stated that while he is in within 600 foot radius of the inner lagoon, the Assistant City Attorney acknowledged he was within 600 feet of Agua Hedionda Lagoon but was not within 600 feet of the project, therefore he would be able to participate in the meeting. Ms. Drew gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked about the phases of the project. Mr. Smith stated the southern end of the project will be the first phase because it is the area of the project that does not require any outside agency permits for the work in Avenida Encinas. Having the section closest to the treatment plant and connected and ready to receive sewage will make it easier to test the pumps. Commissioner Montgomery inquired about traffic control for the project and if Staff anticipates having to close Avenida Planning Commission Minutes February 2, 2011 Page 3 Encinas to traffic during any part of the project. Mr. Smith stated Staff does not anticipate having to close the portion of Avenida Encinas between Cannon Road and Palomar Airport Road during the construction of the project. During construction of the pipeline south of Palomar Airport Road, there may be periods of time that require night work or short term road closure. Commissioner Montgomery asked what hours of the day the roads could potentially be closed. Mr. Smith stated that many times with connections to sewer systems, it is beneficial to do the work at night when the flows are the lowest. There will be a need for occasional night work, but it will not be on a regular basis. Commissioner Nygaard inquired as to how Staff calculated the eventual need for the size of the pipe. Mr. Smith stated both the City of Carlsbad and City of Vista have recently updated Sewer Master Plans. Staff used the projected flows from both of those Master Plans, and Staff feels very confident that the future needs have been adequately addressed with the sizing of the pipeline. Commissioner Dominguez asked Staff to discuss the improvements for recovery in the event of a disaster similar to the one at the Buena Vista Lagoon. Mr. Smith stated that as part of the project, the existing overflow basin will be removed, and Staff felt it would be best to build a sewer lift station and pipelines that have extra reliability and redundancy. There will be two pipelines so there will be flexibility to pump into one or both of the pipelines. Mr. Smith stated the lift station itself will have two sets of four pumps each and there will also be redundant electrical feeds as well as an emergency generator that will have 24 hours worth of fuel storage that will run the pumps in the event of an emergency. There will also be an emergency response plan in place. Commissioner Dominguez asked if there will be any basic changes to the early warning system that are currently employed. Mr. Smith stated there will be state of the art electronics and monitoring equipment. The monitoring equipment uses an auto -dialer system to go through the phone lines or cell service and will connect to an on duty operator at the Encina Waste Water Authority. The City of Carlsbad Maintenance and Operations staff will also receive that alarm. Commissioner Montgomery asked what capacity and timing the city has in order to respond to an emergency. Mr. Smith stated that it clearly depends on the time of day and the weather conditions but there are several miles of excess capacity in those lines under normal flow conditions. Mr. Smith further stated it would be at least a couple of hours for response time. Chairperson L'Heureux asked how long the project will take to construct. Ms. Drew stated that the project still needs to obtain approvals from City Council and the Coastal Commission as well as the resource agency permits. It could take up to a year or longer to receive all the necessary approvals. Mr. Smith stated that the construction part of the project will be approximately 18 months long for work in Avenida Encinas. The lift station itself will take 18 — 24 months and the bridge will take approximately 12 months. Chairperson L'Heureux asked about the process of notifying the businesses and restaurants along Avenida Encinas. Mr. Smith stated Staff will put together a newsletter and there will be public outreach to keep the public informed about the upcoming project. Once construction begins, Staff will work closely with the neighborhoods and businesses to keep them informed. There will be a full time construction manager who will be available 24 hours a day to take phone calls if need be. Chairperson L'Heureux asked if there were any other questions of Staff. Commissioner Siekmann asked if there will be a person to contact if work being completed at night is too loud. Mr. Smith stated yes and that any night work will be minimized, and if the work is in the proximity of neighborhoods or businesses, Staff would let those areas know. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Nygaard asked if there was any way to encourage the owners of the gas line to complete their work concurrently with this project. Jane Mobaldi, Assistant City Attorney, stated that Staff has been communicating with representatives of SDG&E and Staff can certainly encourage them to do that, but as a practical matter that entity does not have any applications before the Commission or the City so there is no jurisdiction over them and no way to mandate timing. Commissioner Nygaard asked if the City had sent any letters to SDG&E requesting that the gas line be worked on concurrently. Mr. Smith stated that Planning Commission Minutes February 2, 2011 Page 4 at this point, Staff is cautiously optimistic that SDG&E will see the benefits in putting the gas line in the bridge. Staff is continuing to work with SDG&E on the scope and cost relocating the gas line. Commissioner Dominguez asked where the Coastal Sage Scrub on the site will be mitigated. Ms. Drew stated there is a mitigation parcel at Lake Calavera where credits will be purchased. DISCUSSION Commissioner Nygaard thanked staff for all the time and effort on the project. Because of the built-in redundancy, this will be a great project. She stated she is happy about the rail trail as well as the color of the fence. Commissioner Siekmann also thanked staff for putting together a forward -thinking project. She appreciates the visual aesthetics as well. She stated she is happy to see that there will be a biologist onsite. Commissioner Montgomery also stated his support of the project. Commissioner Black also stated his support for the project. He thanked staff for all of the work done on the project. Commissioner Dominguez also stated his support for the project. He stated that Staff has been sensitive in the design process of the project and is pleased with the built-in redundancy as well. Chairperson L'Heureux concurred with his fellow Commissioners and stated his support of the project. He feels this is truly a state of the art project and it is a very high quality project. MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6753 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; adopt Planning Commission Resolutions No. 6754, 6755, 6756, 6758 and 6760 recommending approval of Precise Development Plan Amendment (PDP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and adopt Planning Commission Resolutions No, 6757 and 6759 approving Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein including the errata sheet. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard, and Commissioner Siekmann NOES: None ABSENT: Commissioner Schumacher ABSTAIN: None Chairperson L'Heureux closed the public hearing on Item 1 and thanked Staff for their presentation. COMMISSION COMMENTS None. ►;d CITY OF CARLSBAD Memorandum March 28, 2011 To: Mayor and City Council From: City Manager Re: Requested Information — Agua Hedionda Sewer Lift Station (AB 20,478) As requested at the March 2, 2011 City Council Meeting, correspondence between the City and NRG Energy relating to the Agua Hedionda Sewer Lift Station has been provided by staff. The correspondence has been compiled into a binder that resides in Andrea Dyke's office for your review. Please review the information and let staff know if there are any items that you would like copied. Please let me know if you have any questions about the information: Cc: Lorraine Wood, City Clerk Ron Ball, City Attorney John Coates, Assistant City Manager Cynthia Haas, Deputy City Manager LH/src City Hall ,` - 1200 Carlsbad Village Drive ( Carlsbad, CA 92008 1 760-434-2820 1 760-720-9461 fax I www.carisbadca.gov Dui Recel" t;4 CITY OF Foc the Information of dw. `'" CARLSBAD C4i =Erc _.�._ _._. .... Memorandum um 71V ....,. March 23, 2011 To: John Coates, Assistant City Manager From: Corey Funk, Associate Planner Via Gary Barberio, Community and Economic Development Director Re: AS # 20,482 — ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR JANUARY 2010 — DECEMBER 2010 Can March 22, 2011, Councilmember Douglas submitted a list of questions for staff regarding the AS # 20,482. Don Neu met with Councilmember Douglas and provided the following to her in response to the questions: • A question and answer document, with Councilmember Douglas questions in bullet points, and staff responses in italics. • A memorandum dated March 11, 2008 with the following title: Importance of a certified housing element. The purpose of this memo is to provide the same information to all members of the City Council (both documents are attached). Please contact me at x4645 if you have any questions. c: Debbie Fountain, Housing and Neighborhood Services Director Dan Neu, City Planner David de Cordova, Principal Planner Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 1 760.602-271017so-602-8560 fax * Why Housing Element is important and how much is the annual amount of grants and funds the city receives from SANDAL based on the city's dousing Element? It is the primary planning tool for promoting safe and decent housing to all California families, In creating Housing Element law, the state legislature -declared "the availability of housing is of vital statewide importance... and is a priority of the highest order (G.C. 65580),"In addition to it being required by low, a number of sources of funds administered by SANDAL as well as the state (HCD) are now linked to having up-to-date housing elements. For example, to be competitive for certain transportation grants (TDA, TransNet) SANDAG requires cities to show that they have current housing elements certified by HCD and that they document annually their progress in implementing housing element programs (this report), Historically, the Carlsbad has received approximately $234,000 annually in discretionary TDA/TransNet grants subject to Housing Element progress (see 3111108 memo to CD Director for more info). e What is the definition of very low, low and moderate income for Carlsbad in dollar amounts? Table 2 of Appendix A to the Agenda Bill shows the 2010 annual income limits for various income groups by household size, • According to Table B (part 1— Housing production Status) the city's largest deficit is in very low income housing (1,726) and the largest over production is in above moderate housing (1,028). What Is the city doing to encourage the production of the low income housing? We are continuing to implement the inclusionary Mousing Ordinance and work with private for - profit and non-profit housing developers to build inclusionary units when market rate housing is developed. We are also continuing to work with affordable housing developers who are eager to build new residential developments for low Income households in Carlsbad (outside the inclusionary requirement): For example, we are currently working with the property owners of the Holly Springs development (near the site of the new high school) to meet their Inclusionary requirement but also to provide additional affordable units for low income households. They ore willing to build this housing ahead of their market rate units. We are also working hard to help a 50 unit senior only, low income affordable project on Harding Street to obtain the funding they need to build this development. As other opportunities become available, we pursue them. For example, Solutions for Change is interested in purchasing a small apartment complex on Roosevelt Street to rent -restrict for low and very low income households. HOMEJCDBG funds have been recommended for approval to assist with this purchase. We also are encouraging other affordable housing developersfowners to consider acquisition and rehabilitation projects to provide new opportunities for low income households, andfor to consider purchase of vacant property for the development of housing. The greatest challenge currently to the production of additional affordable housing for low income housing is financing. The cost of producing affordable housing still remains high, and funding is much more limited. However, we continue to work with developers and try to identify creative solutions to producing more housing for lour income households in Carlsbad. * The same Table shows the city still has to build 2,562 homes, is this for this year? Now long does the city has to build these homes? What's our total deficit in housing according to RHNA? This figure represents the remaining need for the current housing element cycle (extended through 2012). It is the difference between the city's allocated regional share -goals (RHNA) and the number of new dwelling building permits issued to date. Since the production of new housing is primarily a function of the private sector, the rate at which housing gets built is largely influenced by market conditions. Recognizing the public sector's limited role in producing housing, state law does not require cities to build, but rather {plan for it through appropriate application of land use and zoning authority, removal of governmental constraints, offering financial and non financial incentives, etc, What's the situation with Lanakal Mobile Homes? last I heard it was at the Coastal and was facing some difficulties. What is the city doing to help the residents there? Are there financial help available that the city can use to assist the residents of i.anakai? (hand written page # 10) City staff has had conversations with the residents of Canakoi Cane to inform them of the assistance options that are available to them, which includes funding that could be authorized by the City Council, and a state program that aids residents in purchasing their mobile homes. These options are not available until after the subdivision is approved by the Coastal Commission. At that time, residents could make a formal request for funding assistance to the City Council and the state. • Page # 10 item number 1.3. Please explain how the city is helping our residents and how many families have been helped in the past year ... past 2 years? To date, we have had no rental property owners who have been willing to set -aside affordable housing units in exchange for financial assistance from the City for repairs, renovations, etc. The City's housing funds can't be used for this rehabilitation assistance unless we can rent -restrict units for occupancy by low income households. We, however, are still considering some opportunities. As mentioned above, funding is being recommended through CDBGIHOME for Solutions for Change and another developer, Southern California Housing Collaborative, to acquire rental property and rehabilitate it in Carlsbad. These .units would then be made available to low income households. At this time, we do not know the total number of units to be made available but we are estimating approximately 20 additional units within the next couple of years. City staff is also considering available property that perhaps the City could purchase for acquisition and rehabilitation purposes to provide additional housing opportunities for law income households. • Item 1.4 on page #10. We've only helped 2 homes in 2010. How do you recommend to increase this number? Two home for a city of 106,000 doesn't seem to be enough. We have contracted with Community Housing Works to market and administer this program for the City. CHW is continuing to try and get the word out about the availability of these funds, The program has been marketed by the City and CHW with direct mailers to the Barrio neighborhood, press releases, advertisements in the Carlsbad Magazine, articles and ads in the Community Services Guide, the City's-website, Community Housing Works website, and by referrals and word of mouth. This program is specifically far home repairs to maintain safe homes and attractive neighborhoods, and only available to low income homeowners that occupy the home to be repaired. A maximum loan of $5000 is available, which is forgiven in its entirety after 5 years if owner remains in the home. The home may not be rented during this 5 year period. Since it is a new program, it is slow to start (only 4 loans to date). But, we believe there is a continuing need and that we should continue to market the program andmake it available. • What happened to Seascape Village? Page 11(handwritten number) Seascape Village Apartments was developed with financing through the multi -housing revenue bond program in 1985. This program required that 2030 of the units (42 units) within the development be affordable for until January, 2009. The term for the restrictions expired in 2009 and was not extended. The property was sold and the new owner was not interested in extending the affordability requirements. The required notice was provided to tenants, and information on other affordable housing units in Carlsbad was shared with the tenants if they needed to relocate as a result of the loss of the restriction and an increase In rent. • How much money is available through section 8 for Carlsbad every year? How much of it do we use to help our residents? For 2010-11, the City received $6,630,862 from the federal government to provide the Section 8 Rental Assistance Program in Carlsbad. A total of $5,.980,548 of those funds (or approximately 90% of funds) is used to make rental payments for our 602 household participants on the program. The number of participating households may change from month to month. The participating household count is as of the end of February, 2011. Approximately $620,000 (or approximately 1090 of total funds) is used for administrationjoperation of the program. • Where Is Table 3-12 mentioned on page 11? Table 3-12 is found on p. 3-24 of the Housing Element, and is replicated below for ease of reference. The table shows the city's housing capacity based on planned densities and land use changes proposed in Housing Element Program 2.1(see pp.11-1,3 of the Agenda Bill) compared to the city's need at the various income categories. The deficit in moderate income housing capacity (-594) is compensated by the surplus in lower income housing capacity (4644) by 50 units. Table 3-12 Adequacy of Sites in Meeting Remaining RHNA Sites Lower Income Moderate Income Above Moderate Income Total Residential Sites 1,470 569 1,675 3,714 Mixed Use Sites 1,473 0 0 1,473 Recently approved Proposals with Affordable Components' 16 8 24 Second Units So 0 0 80 Total 3,ti39 577 1,675 5,291 RHNA Remaining 2,395 1,171 -- 3,566 Difference +644 -594' J +1,675 +1,725 'These projects, indentifled in Table 3-11, are in addition to those found in tables 3-1 and 3-2 and represent affordable housing approved since December 31, 2006. Source: City of Carlsbad, May 2008. • Where did the number 26 for our deficit of moderate homes come from? This number doesn't match the ones on Table B. The moderate income deficit of 26 units is derived from Table 3-12 above. The "Bridges at Avlara" project, which was on file with the city when the Housing Element was adopted, included a proposal to construct 76 apartments for lower income families. Those 76 units were included in the capacity estimates shown in Table 3-12. When the Bridges application was withdrawn, the bottom line net capacity in the Lower income column was reduced to +568 (+644-76), which, when combined with the Moderate Income net capacity, resulted in a net deficit of 26 moderate income units (568-594w-26). Table B in the Agenda Bill, on the other hand, measures the number of housing units actually produced toward meeting the RHNA goals. The difference is that Table B documents production while Table 3-12 documents ca acit . • Unfortunately all the projects mentioned on page 11 including Ponto, Quarry Creek and the Bridges are subject to controversies does the city have a plan B? .Staff is aware that proposals to increase residential densities are at times controversial. The sites identified on page 11, however, are an important part of the city's official plan to address the city'.s regional housing needs for the current housing cycle. As the report indicates, the withdrawal of the Bridges application resulted in a deficit in moderate income housing capacity. However, staff anticipates the deficit can be made up by projects currently on file, namely Dos Colinas and Quarry Creek. • Page 13, Mixed use residential on shopping center sites is great idea. Are we working on this with Plaza Camino Real? The Draft Plaza Camino Real Specific Plan (currently under Planning review) proposes to allow residential mixed use, but does not include it with the physical upgrades currently proposed for the site. Future projects will be necessary to construct mixed use at Plaza Camino Real. * Page 14. Item 2.4. is requiring solar water heater pre -plumbing still being practiced in the Planning department. It is required as part of Carlsbad's building code. • Page 15. In Addition to the two building seeking LEER Silver certification how many other buildings are LEER certified in Carlsbad? LEEO certification is administered by the US Green Building Council and occurs separate from the city's review and approval process for development projects. City staff does not maintain data on the number of LEE"D certified buildings in Carlsbad. • How much in -lieu funds are available at this moment to be used for low income housing? How much is the total collected over the years? The affordable housing in -lieu and impact fees are deposited into our Housing Trust Fund, The Housing Trust Fund in total is then used for administrative costs and financial assistance and other program costs for the production of housing affordable to low income households. To date, we have collected approximately $7.5 million total in affordable housing in -lieu and impact fees since the lnclusionary Housing Ordinance was adopted in 1993. These funds have been used together with other Housing Trust Fund monies to assist in the development of affordable housing in Carlsbad, and to help fund homeless shelter and other emergency housing programs. The Housing Trust Fund is estimated to have an unreserved cash balance of $12,884,922 in FY 2011-12. + Please verify that we don't have rent control In Carlsbad. We do not have rent control in Carlsbad. A rent control ordinance for mobile home parks was considered by ballot Initiative in the early 1990s. It was defeated, however. There have been no additional ballot initiatives or other similar ordinances considered by the City Council since that time. • Page number 19, ite:m number 3.6. What is our inventory In the city's land banking program When did this program start? How many acres have we purchased? Where are they located? When are we planning to build low income housing there? How many nonprofit developers have we identified? Now many units are we planning to build? What's the impact of these units on our deficit in very low and low income housing in Carlsbad? in general, we have not implemented this land banking program for a future development; one that was not intended at the time of purchase. We currently do not have any vacant land that has been purchased for, or dedicated to us for, the purpose of developing affordable housing in the future. But, the option does remain available and we continue to look for opportunities to purchase land for affordable housing. From a historical standpoint, the City has purchased and does continue to own property where there are existing affordable housing developments. The City owns the Villa Lama and Cassia Heights properties at El Camino Real and Cassia Street, which provides for a total of 400 affordable housing units. The property is leased to the affordable housing developers/owners. The Redevelopment agency owns the Tyler Court Apartments (75 units) on Tyler Street, and has hired a management companyfor operation purposes. The Redevelopment Agency purchased the property on Roosevelt Street for a future affordable housing development, and then later identified a developer - Habitat for Humanity. The property ownership was transferred to Habitat and the units (11 total) were sold to very low income households. • Who controls the Housing Trust fund's $13.5 mil and how are we going to use the funds? Ultimately, the City Council controls the use of the Housing Trust Fund, The Housing and Neighborhood Services Department oversees the budget for the Housing Trust Fund and makes recommendations on use of the funds to the City Council for approval The fund is estimated to have an unreserved cash balance of approximately $12.9 million for FY 2011-12. The fund is required to be used only for affordable housing purposes for low income households. The fund is used for administrative costs as well as program costs for the development of affordable housing or other shelter opportunities. At this time, we do not have a specific development requesting financial assistance. However, we are working with a couple of developers who have inclusionary requirements and may need financial assistance in the future. We appropriate funding from the Housing Trust Fund on a case -by -case basis for new housing developments, and only after review and a recommendation from the Housing Commission. * Have the funds been transferred to the city? Did they belong to the Redevelopment agency? We currently have several sources of funding for affordable housing developments and/or. programs. We use CDBG, HOME, Redevelopment Housing Set -Aside Funds, and the Housing Trust Fund, The Housing Trust Fund is the most flexible fund and does not have time limits for expenditures. It is controlled by City ordinance and the City Council Therefore, we typically utilize the other sources noted before we utilize Housing Trust Funds, CDBG & HOME funds are federal funds and their use must comply with federal regulations. Use of the Redevelopment Housing Set -Aside Funds is regulated by the State of California. We currently have an unreserved cash balance of approximately $2 million in the Redevelopment Housing Set -Aside Fund, which we can use for affordable housing developments at any location within the City; they do not need to be used solely in the redevelopment areas. We do not have a project for this funding yet. We are still looking for opportunities for expenditure of these funds. We have not yet transferred the noted balance in the redevelopment housing set -aside fund to the Housing Trust Fund. We are waiting for the final action by the State before proceeding with that transfer. +� How much funds is available in Section 8 Housing Choice Voucher program? How do we inform people of the availability of the funds and how they can qualify to receive help? For 2010-11, the City received $6, 630,862 from the federal government to provide the Section 8 Rental Assistance Program in Carlsbad. A total of $5,980,548 of those funds (or approximately 90% of funds) is used to make rental payments for our 602 household participants on the program. Approximately $620,000 (or approximately 10% of total funds) is used for administration/operation of the program, Information on the program is available on the City website and through various other referrals programs (such as the 211 information line). At this time, however, we have a closed waiting list for this assistance. We have not received additional funding from the federal government to expand this program in several years. Generally, the only way in which we can assist new households, (from the waiting list) is if one of the existing participating households ceases to use the program for various reasons or becomes ineligible or otherwise is removed from the program. We do hove attrition and we have been able to assist new households over the years, but the need does continue to exceed the resources available to assist. • Page 20, item number 3,10 last paragraph, What does this paragraph mean? What's Article 34 Authority? Article XXXIV of the California Constitution ("Article 34") requires that voter approval be obtained before any "state public body" develops, constructs or acquires a "low rent housing project." This means that there must be a vote of the citizens of Carlsbad if the City or Redevelopment Agency (itself) were to develop, construct or acquire affordable housing where more than 5180 of the units were rent -restricted to low income households. The City has "Article 34 authority" by a vote of its citizens for 200 senior, low income affordable units. Generally, however, we do not have a need to obtain Article 34 authority from the voters because our affordable housing developments in Carlsbad are constructed and additionally regulated by entities other than the City or Redevelopment Agency, When the Redevelopment Agency purchased the Tyler Court Apartments, we did so under the Article 34 authority granted by the voters for senior, low income affordable housing. • Page 20, item 3.11. Please explain the connection between the description of this item and the comment section regarding this Item, Though not stated in the report, to address Program 3-11, page 6-18 of the Housing Element commits the city to adopt a reasonable accommodation ordinance and either delete or amend the definition of family in the zoning ordinance so it is consistent with state low, The reasonable accommodation ordinance will establish the formal policy on offering reasonable accommodations to persons with disabilities with regard to new construction. The state considers certain definitions of `family" to be restrictive to the siting of group homes and other care facilities that may provide housing to disabled individuals. • Page 20, item 2,12. What is the minimum and maximum size for a unit with three or more bedrooms? There is no minimum or maximum size for a 3 bedroom unit set forth in the Inclusionary Housing Ordinance, Based an practical experience, however, these 3 bedroom units generally range in size from about 1100 to 1350 square feet. • Page 21, item 3.14. Have we considered specific zoning for emergency shelters in addition to La Posada? if so,.where are they located? Now many locations? As indicated in the report, staff is working on ordinance amendment to permit emergency shelters by right in the industrial (M) zone and Planned Industrial (P-M) zone. Staff is still evaluating the extent of the amendment in terms of locations and potential numbers of sites, but the M and P-M zones largely occur in the Industrial corridor around the airport. Staff anticipates that a draft amendment will be available for review later this year. * Page 22, item 3.16, The Federal Government Is cutting CDBG funding, Have we thought about solutions and where we will get the funding for some of our nonprofits in Carlsbad? There are currently proposals for cuts in CDBG funding which range from 790 to 6.2%. However, there have not yet been any federal approvals for any cuts to the program. For budgeting purposes, staff has anticipated a 209& cut in funds and shared this with the CDBG advisory committee. Any cuts in program funding will impact the City's ability to fund nonprofit organizations providing community or social welfare services. Typically, the City has always had requests far funding which exceeded our ability to provide funding through the CDBG program, To address this situation, the City has set priorities for its limited funding and used an Advisory Committee to help the Council allocate those limited resources to the nonprofits that provide the greatest benefit to Carlsbad residents. At this time, we do not have an alternate plan for providing othercityfunds to these nonprofits if the federal government drastically cuts the CQBG program. We may need to find other ways to assist these organizations beyond financial contributions if the funding cuts do occur. Staff is monitoring the federal approvals, and will provide additional recommendations to the Council if the City is unable to move forward as planned. • Page 22, item 3.17. Where did the second dwelling unit recommendation from the Planning Commission go? The Planning Commission was briefed on the topic in 2010 and the Planning Division is preparing to bring this item to an upcoming City Council workshop. • Page 23, item 3.19, Did l understand it correctly? Were the number of units zero? Correct. March 11, 2008 TO: VIA: FROM. COIN&EUNITY DEVELOPMENT DIRECTOR PLANNING DIRECTOR SENIOR PLAINTNER IMPORTANCE OF A CERTIFIED HOUSING ELEMENT A . s requested, this memo discusses the importance of a.certified housing. elemeni to Carlsbad in securing funding and preserving its land use authority. For background) the requirement per state.law for a new, certified element took effect on July 1, 2005, when the current housing cycle began. Presently, staff is working, with the state to .achieve certification and expects that may occur late this year. The requirement for a certified housing element applies to general law and charter cities. Funding SANDA Gfunding. Funds contingent upon a certified element are allocated by SANDAG and the State Department of Housing and Community Development (HCD). Per SANDAG Board Policy 33, adopted 2005, the agency will not award any discretionary funding� unless cities meet these three policy criteria: 1. Have a certified housing element; 2, Can show progress'in making any land use changes required by the certified element (e.g., rezoning property to a higher density), and; 3 Report annually the progress in providing housing to the four different income categories (Carlsbad does this). Attachment I identifies,fandina subject to Policy 33), Attachment 2 lists funding not requiring ions made directly by Caltrans a certified, element. This funding includes, for example, all6citl to local daencies and allocations not'iwarded on a competitive basis, SANDAG staff estimates that programs subject to Policy 3' ) will yield about S 12 to 14 million- annually in potential grants over the next few funding cycles (FY 2009 and beyond). About half this amount consists of funding from the Smart Growth Incentive Program, a fairly new . funding source for which Carlsbad has not applied since it lacks a certified element, The rpinaining funding is from the TDA and TransNet programs from which Carlsbad regularly has received money in the past. It is difficult to estimate the funds Carlsbad would receive from programs subject to Policy, 33 because of the competitive nature of the programs. However, from FY 1998-2006, the City received a total of $1,63 ) 6,682 in TDA and TransNet funding (excluding for the Coastal Rail Trail), which equates to an ayerage of roughly S234,000 for.each of the seven fiscal years funding was awarded. Importance of a Certified Housing Element March 11, 2008 Page 2 Attachment 3 provides a further breakdown of the above information and also identifies a project potentially eligible for TDA. and TransNet funds, subject to Board Policy 33. HCD funding. With a certified housing element, Carlsbad would also be eligible to apply for the 'Workforce Housing Grant and In -Fill Development Grant, both competitive funding programs administered by HCD. Previously, Carlsbad has received $450,000 from• the Workforce Housing Grant. Without a certified element -since mid-2005, staff estimates the City has missed out on about S 1.8 million from these grants, although exact numbers are difficult to predict since grants amcompetitive. In succeeding years, it,is estimated that Carlsbad would potentially miss out on about S 1,000,000 annually from these grants. Once again, this is only a rough estimate. due to competition. Land Use Authority State certification of a housing element provides a local jurisdiction with a rebutable presumption that the housing element is legally valid. Thus, challenges brought a-ainst a certified element shifts the burden of proof to show that it is inadequate to the challenger, Without a certified housing element, the City is vulnerable to challenges that its General Plan is inadequate or incomplete. Case law has established that a finding of consistency with a General Plan is not valid where a general plan is incomplete or inadequate. Since many land use decisions iequire a finding -of general plan consistency, a defective housing. element may prevent Carlsbad from approving tentative subdivision maps or other land use applications. Please let me know if I may answer any questions. SCOTT DONNELL T Senior Planner Attachments 1. Funding subject to SAINDAG Board Policy 33 2. Funding not subject to SA TDAG Board Policy 33 3. Carlsbad-TDA/TransNet Funding Information c: Planni c, Director Assistant Planning Director Principal"Planners Housing .and Redevelopment Director Assistant City Attorney DISCRETIONARY FUNDING PROGRAMS SUBJECT TO BOARD RHNA MEMORANDUM (LOCAL JURISDICTION PROJECTS) Funding Program Total Fu ding Timefrarne Available Current=, Federal • Transportation Enhancements S19.1 M FY 2006 to FY 2010 (TE) Program - Pilot Smart $6.4 M FY 2010 to FY 2011 Growth. Incentive Program State • Transportation Development Act S2.4 M Annual apportionments (TDA) Article S - Non -motorized (FY 2006 allocation) Program 52.5 M (FY 2007 allocation) Local TransNet Bicycle Program- S3 M S1 M annually from 2006 to 2008 .Y` a }.f%''r'�•�f :..f• w}:a,,,�"R•.•�~ itip. �f-.r.:::.'�!?w }:: ••'r%•y:i::ijir.' ..iA••y4.�•��`�A�"S �SjI.'�� Federal • To be determined (TBD) TBD TBD State • TBD TBD TBD Local 2009 to 2048 • TransNe6l3icycle, Pedestrian and S280 M* Neighborhood Safety Program • 7ransNetSmart Growth Incentive S285 M" Program • TransNet Senior Transportation S73 M` Mini grant Program Regional Rail Grade Separation Program TBD TBD. (Funding source TBD) S100 M in Revenue Constrained • 5200 M in MOBILITY 2030 Plan " In 2002 dollars in prior funding cycles, the SANDAG Board of Directors has allocated funding to iocai jurisdictiors through a competitive process for Regional Arterial System, Traffic Signal Optimization, Highway Noise Barrier, Regional Bikeway, and Transportation Enhancements programs. To the extent that such competitive funding programs are made available in the future, they would be subject to the Board RHNA memorandum. 9 • Attachment 'FUNDING PROGRAMS _T SUBJECT TO BOARD RHNA MEMORANDUM Current Funding Probrams Federal • Regional Surface Transportation Program (RSTP)z • Congestion Mitigation & Air Quality (CMAQ)z • Transportation Enhancement (TE) Programz • Federal Transit Administration (FTA) Urbanized Area Formula Program (Section 5307) • FTA .Fixed Guideway Modernization Program (Section 5309 Rail Mod) • FTA Section 5310 Elderly & Disabled Program StatA= • State Transportation Improvement Program (STIP) - Regional improvement Program (RIP)z • STIP Interregional Improvement Program (IIP) State Highway Operation and Protection'Program (SHOPP) • TDA Article 4 - General Public Transit Services (Fixed Transit Route Services) • TDA Article 4.5'- Community Transit Service (Accessible Service for the Disabled) • TDA Article 8 - Special Provisions (Express Bus and Ferry Services) • TDA Planning and Administration • State Transit Assistance (STA) Local • TransNerHighway Program TransNet Transit Program • TransNeftocal Streets & Roads Program Future Funding Programs*�. Federal - same as current programs above State - same as current programs above Local 1. TransNatCongestion Relief Program - Major' iransportati6n'•Corridor Improvements. a. Highway & transit capital projects ,.b. Operating support for bus rapid transit (BRT) &.rail ir5nsitcapital improvements 2. TransNarCongestion Relief Program.- Transit System Services Improvements & Related Programs 3, TransNerCongestion Relief Program - Local System Improvements & Related Programs a. Local Street & Road Program 4. .Environmental Mitigation Program (EMP)21 5. rransNet Administration and Independent Taxpayer Oversight Committee (ITOC) ' There are a variety of federal and state discretionary funding programs allocated directly by Caltrans that provide funding to locai jurisdictions (e.c., Highway Bridge Repair & Replacement (HSRR), Safe Routes to School, etc.). Because SANOAG floes not have decision -making authority over these funding programs. they would not be subject to the Board RNNA memorandum. z With the exception of the EMP funds, these funds (STIP•P,IP, RSTP, CMAQ, TE) are being used to match the TransNet Early Action Program (EAP) and other high priority regional projects. If, however, some portion of these funds were allocated by zhp SANOAG Board of Directors to local jurisdictions through a competitive process, they would be subject tq.the:3aard RHNA memorandum and this policy. 10 i Attachment 3 Select Past Projects for which Carlsbad has received TDA:/TransNlet Funding Project Location Funding Awarded Fiscal Year Arnount Cannon Road Bike Lanes and West of 1-5 1998 $35,600 Sidewalks HiZhland Drive Bike/Ped Park Drive to 1998 -S50,000 Corridor Desi2 Study Forth end Palomar Airport Road Bike ECR to west of 1998 $184,500 Lane/Sidewalk Yarrow Dr. Carlsbad Boulevard Bridste Over Railroad ' 1999 $63,600 Alga Road Sidewalk Paseo 2000 $126,560 Candelero vicinity Laguna Drive Sidewalk NO Pico to 2000 $12,590 Elmwood Carlsbad Blvd Bike Poinsettia Lane 2002 S111,924 Lane/Sidewalk vicinity Rancho -Santa Fe Sidewalk La Costa Ave 2003 5273,866 to Melrose Dr. Poinsettia Lane Reach "C" Bike 'Black Rail 2004 S78,467 Lane/Sidewalk Road vicinit Pedestrian Master Plan' City-wide 2006 $100,000 Bicycle Master Plan* City-wide i 2006 5150,000 '"holes: Althottgh funded.after the adoption of Policy 33, SAIVDAG funded the bicycle and pedestrian master plans since then adatstion may be cz fttriding requirement i►z the future. TD,]'TransNet Funding Statistics, FY 1998 -- 2006' Total Received 51,637,000 Average Received Annual[ 5234,000 _ Notes: 1. Excludes Coastal Rail Trail for which Carlsbad received -fording as part of a multi -agency grant. ?. Carlsbad did not receive funding eachfscal year. Current Project eligible for TDA/TransNet Funds (Subject to Policy 33 criteria) Project Location Funding Proposed Magnolia Avenue Sidewalks Valley and Magnolia Streets J 5180,000