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HomeMy WebLinkAbout2006-01-18; Planning Commission; ; CUP 04-11| HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTSTie City of Carlsbad Planniiig Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 18,2006 Application complete date: April 29, 2004 Project Planner: Michael Grim Project Engineer: Chris Muehlbacher SUBJECT: CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS - Request for a Mitigated Negative Declaration for the Lake Calavera Reservoir Remedial Improvements project, a Conditional Use Permit to allow the construction of an approximately 480 square foot intake/outlet control building, and a Habitat Management Plan Permit to allow the take of 0.78 acres of Coastal Sage Scrub for the remedial improvements at Lake Calavera Reservoir, on property generally located approximately 900 to 1,200 feet south of the intersection of Tamarack Avenue and BCnollwood Drive, in Local Facilities Management Zone 7. I. RECOMMENDATION That the Plarming Commission ADOPT Plarming Commission Resolution No. 5890, ADOPTING the Mitigated Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolutions No. 5891 and 5892, APPROVING Conditional Use Permit CUP 04-11 and Habitat Management Plan Permit HMPP 05-03, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves three components: a Mitigated Negative Declaration (MND) for the entire Lake Calavera reservoir remedial improvement project, a Conditional Use Permit (CUP) for the construction of a 480 square foot dam operations control building, and a Habitat Management Plan Permit (HMPP) for the take of 0.78 acres of Coastal Sage Scrub. The MND is required to evaluate the potential envirormiental impacts of the proposed dam repair project. The CUP is needed to allow a public structure within the Open Space zone. The HMPP is necessary to allow the take of species of concem, in this case Coastal Sage Scrub, related to the construction of the dam operations control building, access road, and irnprovements to the spillway apron and drainage channel. The proposal meets all applicable regulations and staff has no issues with the project. The project was originally scheduled for the April 20, 2005 meeting of the Planning Commission but was continued to allow staff time to review several lengthy public comment letters received the afternoon of the hearing. Subsequently, after discussions with the Califomia Division of Safety of Dams (DSOD) and professional engineers in the field of constmction in wet environments, staff discovered a method that could be applied to the remedial improvement project that eliminated the need for drawing down the lake level and exposing the area of work. Therefore, a revised environmental impact assessment and Mitigated Negative Declaration was prepared and circulated for public review. Since there were no revisions to the proposed control 0 CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS January 18,2006 Page 2 building and access road developments, the Planning Commission staff report and approving resolutions did not significantly change. III. PROJECT DESCRIPTION AND BACKGROUND The Carlsbad Municipal Water District (CMWD) is requesting adoption of an MND and approval of a CUP and HMPP for the Lake Calavera Reservoir Remedial Improvement project. The project site is located approximately 900 to 1,200 feet south of the intersection of Tamarack Avenue and Knollwood Drive. The site and surrounding area is designated Open Space (OS) in the General Plan and zoned Open Space (O-S) and Plaimed Community (P-C). The project site is located within the Lake Calavera HMP hardline area and, with the exception of the dam and related drainage works, is void of stmctures. The nearest development is the residential subdivision approximately 600 feet to the west, north of Tamarack Avenue. The Lake Calavera Reservoir Remedial Improvements proposal has three components: An MND for the entire Lake Calavera Reservoir Remedial Improvements project, which includes repairs to the existing intake and outlet works, spillway, and access road and constmction of a new dam operations control building; A CUP for the constmction of a public building within the Open Space zone, namely the 480 square foot, one-story dam operations control building; and An HMPP to allow the take of 0.78 acres of Coastal Sage Scmb to accommodate the dam operations building, improved access road, and spillway apron and drainage channel improvements. The primary function of the Lake Calavera Reservoir is stormwater detention for flood control. The purpose of the remedial improvements is due to the requirements of the Califomia Department of Water Resources, Division of Safety of Dams (DSOD), which has jurisdiction over all dams within the State. DSOD emergency regulations mandate that reservoirs be able to drawdown at least half of the volume of impounded water within seven days. The existing inlet works, contained in a tower located near the earthen dam, do not fiinction properly. The lower two inlet valves were leaking and have been sealed shut in order to maintain a medium-high water level. The upper valve is msted open, allowing water above the 208-foot elevation above mean sea level (msl) to drain out of the reservoir. During large rain events, such as those the previous winter season, the water level exceeds the 208-foot elevation and spills over the spillway in an uncontrolled maimer. The proposed improvements would include new inlet works contained in a pipe on the dam surface. The pipe would contain three valve-controlled inlets, controlled from the proposed dam operations control building. These valves could be opened on-site or remotely from the CMWD headquarters. Upon completion of the proposed improvements, CMWD will be able to implement a reservoir water management program by opening and closing the new valves and adjusting the water level between 190 to 208 feet elevations to accommodate increased inflow for flood control. These improvements would bring the Lake Calavera dam into compliance with DSOD requirements. A more technical description of the Lake Calavera Reservoir CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS January 18, 2006 Page 3 Remedial Improvements project is contained in the Environmental Impact Assessment Form - Part II attached to Planning Commission Resolution No. 5890. The Lake Calavera Reservoir Remedial Improvements project is subject to the following regulations: A. General Plan; B. O-S - Open Space Zone (Chapter 21.33 of the Zoning Ordinance); C. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance); D. Habitat Management Plan; and E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance). IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The Lake Calavera Reservoir Remedial Improvements project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposal are the Land Use, Open Space, and Public Safety Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective, or Program Proposed Use and Improvements Compliance Land Use Site is designated for open space uses. Public stmctures and facilities are allowed in the Open Space designation, with approval of a CUP. Yes Open Space and Conservation Preserve, protect and enhance those areas that provide unique and special open space functions. The removal of Coastal Sage Scmb habitat for the proposed control building and access road is mitigated through restoration and permanent preservation of similar habitat of equal or greater biological value. Yes Public Safety Comply with all requirements of the State Department of Water Resources' Division of Dam Safety to ensure adequate flood control. The proposed dam operations stmcture would allow on-site and remote control of reservoir water levels to ensure adequate flood control and comply with DSOD requirements. Yes CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS January 18, 2006 Page 4 Given the above, the Lake Calavera Reservoir Remedial Improvements proposal is consistent with the applicable portions of the General Plan. B. Open Space Zone The Lake Calavera Reservoir Remedial Improvement project site is zoned Open Space (O-S) and, therefore, subject to the provisions contained in Chapter 21.33 of the Zoning Ordinance. The O-S zone contains a list of permitted and conditional uses and stmctmes, as well as development standards for minimum lot size and building height. Since the proposal does not include a subdivision, the minimum lot size standard does not apply. The O-S zone allows for public facilities and stmctures, subject to the approval of a CUP. The Lake Calavera Reservoir Remedial Improvement proposal includes a CUP and the discussion of the project's compliance with CUP regulations is contained in Section C below. The maximum building height allowed in the O-S zone is 25 feet, unless a higher elevation is approved by a CUP. The proposed control building would measure a maximum of 14 feet in height. Therefore, given the above, the Lake Calavera Reservoir Remedial Improvement project is consistent with the O-S zone. C. Conditional Use Ordinance According to Section 21.33.040(4) and 21.42.010(2)(I), public stmctures and buildings are allowed in the Open Space zone with the approval of a CUP. Four findings must be made in order to approve a CUP. These findings, elaborated in Plarming Commission Resolution No. 5891, deal mostly with the project's consistency with the General Plan, desirability for the commimity, and compatibility with its site and surroundings. The proposed dam operations control building is desirable for the community in that it provides for the on-site and remote control of the Lake Calavera dam operation, while protecting the operating controls fi-om weather and vandalism. The proposed stmcture would be placed upon a graded pad, limited in size to that needed to accommodate the building and necessary access circulation. While development of the building and access road would necessitate the clearing of 0.26 acres of Coastal Sage Scmb, the project is designed to minimize the amount of habitat impact to the greatest extent practicable. The proposed control building would be setback from the dam stmcture. The height of the building would be limited to 14 feet and exterior lighting would be aimed downward to minimize the visual impacts of the stmcture. Given the above, the Lake Calavera Reservoir Remedial Improvement proposal is consistent with the Conditional Use Ordinance. D. Habitat Management Plan In late 2004, the City of Carlsbad's Habitat Management Plan (HMP) was approved by the U.S. Fish and Wildlife Service (FWS) and Califomia Department of Fish and Game (DFG) pursuant to the Federal Endangered Species Act and Califomia Natural Community Conservation Planning Act. As a result, the City was granted authorization and issued a permit for the incidental take of species of concem covered by the HMP. These incidental takes of HMP wildlife are processed through an HMPP, the findings and conditions of which are contained in Plarming Commission Resolution No. 5892 attached. CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMEDIAL IMPROVEMENTS January 18, 2006 Page 5 In addition to identifying species of concem, such as Coastal Sage Scmb, the HMP maps "hardline" and "standards" conservation areas. Proposals for take within hardline areas are reviewed for compliance with the HMP, but are not required to tmdergo consultation with the wildlife agencies. Since the Lake Calavera Reservoir Remedial Improvement project was in process prior to the approval of the HMP, the City has already consulted with the FWS and DFG regarding the proposed take of the 0.78 acres of Coastal Sage Scmb regarding consistency with the provisions of the HMP. The HMP requires that mitigation for permanent impacts to gnatcatcher occupied Coastal Sage Scmb be provided at a minimum ratio of 2:1. The proposed mitigation for the 0.61 acres of permanent impacts and 0.17 acres of temporary impacts would include restoration of 0.17 acres of habitat impacted by the temporary constmction access trail from the spillway to the outlet box and a credit for the preservation of 1.22 acres of occupied Coastal Sage Scmb habitat near the project site, within the City of Carlsbad. By processing an HMPP and providing the proposed mitigation, the Lake Calavera Reservoir Remedial Improvement project is consistent with the Carlsbad HMP. E. Growth Management Ordinance The Lake Calavera Reservoir Remedial Improvement is a non-residential project, therefore many of the Growth Management performance standards do not apply. Table 2 below details the project's compliance with those applicable standards. TABLE 2 - GROWTH MANAGEMENT CC >MPLIANCE Standard Impacts/Standards Compliance City Administration N/A N/A Library N/A N/A Waste Water Treatment OEDU Yes Parks N/A N/A Drainage PLDAB Yes Circulation OADT Yes Fire Station No. 3 Yes Open Space N/A N/A Schools N/A N/A Water OGPD Yes The Lake Calavera Reservoir Remedial Improvements site is located within Local Facilities Management Zone 7. No special development requirements, such as roadway constmction or other infi-astmcture requirements, apply to this project. The Local Facilities Management Plan (LFMP) does require that all facilities and services necessary to serve the project be in place concurrent with, or prior to, need. The dam control operations building will be served by existing facilities on-site and in the adjacent public rights-of-way. Given the above, the Lake Calavera Reservoir Remedial Improvements project is consistent with the Growth Management Ordinance. CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REM^AL IMPROVEMENTS January 18,2006 Page 6 V. ENVIRONMENTAL REVIEW As discussed above, one of the components of the proposal is the request for adoption of the MND for the Lake Calavera Reservoir Remedial Improvements. A detailed description of the improvement project, potential environmental impacts, and proposed mitigation measures is contained in the Envirormiental Impact Assessment Form - Part II and Mitigation Monitoring and Reporting Program attached to Plarming Commission Resolution No. 5890. The MND analyzed the entire project, including: • Repairs to the existing Lake Calavera Reservoir intake and outlet works, spillway and access road, and outlet piping; • Constmction of a new dam operations control building and security fencing; • Normal operations of the repaired reservoir works resulting in water level fluctuations between 194 feet and 214 feet elevations (msl) in accordance with an overall water management program. The project originally involved the controlled drawdovwi of the reservoir to fiilly expose the areas of work, allowing a dry constmction environment. This proposal was based upon requirements of DSOD and available engineering constmction methods. As discussed above, staff held further discussions with DSOD and professional engineers and derived a method that did not necessitate the drawdown of the reservoir. Based upon the revised project description, the environmental impact assessment and Mitigated Negative Declaration was revised and recirculated on December 12, 2005 for the mandated 30-day public review period. Since the Planning Commission Staff Reports are distributed to the Planning Commissioners one week before the public hearing, the 30-day review period for the environmental documents was still open as of the report distribution date. Therefore, the public comments received, as well as staffs response to comments, will be distributed to the Planning Commission prior to the hearing and will be incorporated into the public record by staff at the public hearing. Due to the impacts associated with the constmction of the control building, access road, and outlet pipe, as well as the project's proximity to the wetland areas, the project requires mitigation measures in the areas of biological resources, cultural resources, and hydrology and water quality. These mitigation measures are listed in detail in the Mitigation Monitoring and Reporting Program attached to Plarming Commission Resolution No. 5890. With the mitigation measures contained in the environmental documents, including the substituted mitigation measure, all potentially significant envirormiental impacts have been reduced below a level of significance. In addition to the local agency permits, the Lake Calavera Reservoir Remedial Improvement project is required to obtain a Streambed Alteration Agreement (Section 1601) from the DFG, a Section 404 permit fi-om the USCOE, and a Section 401 Water Quality Certification from the RWQCB. These permits are in process and, based upon agency comments, the City expects approvals for all permits within the upcoming months. CUP 04-11/HMPP 05-03 - LAKE CALAVERA RESERVOIR REMfiftiL IMPROVEMENTS January 18,2006 Page 7 ATTACHMENTS; 1. Planning Commission Resolution No. 5890 (Mit. Neg. Dec.) 2. Plarming Commission Resolution No. 5891 (CUP) 3. Planning Commission Resolution No. 5892 (HMPP) 4. Location Map 5. Background Data Sheet 6. Exhibits "A" - "B" dated January 18, 2006 SITE LAKE CALAVERA REMEDIAL IMPROVEMENTS CUP 04-11 CASE NO: BACKGROUND DATA SHEET CUP 04-11/HMPP 05-03 CASE NAME: Lake Calavera Remedial Reservoir Improvements APPLICANT: Carlsbad Municipal Water District REQUEST AND LOCATION: Request for a Conditional Use Permit and Habitat Management Plan Permit to allow the constmction and operation of an approximatelv 480 square foot intake/outlet control building for the Lake Calavera Reservoir Dam operations, located approximatelv 900 feet south of the intersection of Tamarack Avenue and Knollwood Drive. LEGAL DESCRIPTION: A portion of Lots D and L of Rancho Agua Hedionda, according to Map No. 823, filed in the Office of the Countv Recorder of San Diego County on May 1, 1915, in the City of Carlsbad, County of San Diego, State of Califomia APN: 168-040-02 Acres: 0.78 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Open Space (OS) Density Allowed: N/A Density Proposed: N/A Existing Zone: O-S Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site O-S OS Reservoir North P-C OS Open Space South P-C OS Open Space East O-S OS Open Space West P-C OS Open Space PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 0_ ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued January 18, 2006 I I Certified Environmental Impact Report, dated I I Other,