The URL can be used to link to this page

Home My WebLink About2008-09-17; Planning Commission; ; CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATIONThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 17, 2008 Application complete date: April 1, 2008 Project Planner: Chris Garcia Project Engineer: Mark Biskup SUBJECT. CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION - Request for a Coastal Development Permit to allow the rehabilitation and ongoing maintenance of 43 existing sewer manholes located within a sewer easement, generally along the north shore of Batiquitos lagoon, between Gabbiano Lane and El Camino Real within Local Facilities Management Zone 19 and the East Batiquitos Lagoon segment of the City's Local Coastal Program. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6463 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVE Planning Commission Resolution No. 6464 APPROVING Coastal Development Permit CDP 07-13 based on the finding and subject to the conditions contained therein. II.INTRODUCTION The applicant is requesting approval of a Coastal Development Permit (CDP) to allow the rehabilitation and ongoing maintenance of 43 existing sewer manholes generally located within a sewer easement, north of Batiquitos Lagoon, between Gabbiano Lane and El Camino Real within the East Batiquitos Lagoon segment of the City's Local Coastal Program (LCP). HI. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The project area is located within an existing sewer easement generally located along the North Batiquitos Lagoon Trail and is located in the appeal jurisdiction of the California Coastal Commission. The project is necessary due to the fact that the manhole structures have reached the end of their useful life, have become corroded over years of deterioration, and are in danger of collapse. Proposed Construction: As shown on Exhibits "A - D" attached, the permanent work will occur entirely within the interior of the manhole, but temporary access to each manhole site and use of land adjacent to each manhole is necessary to accomplish the work as well as to stage equipment and materials. The project also includes ongoing, regular maintenance of the manholes and below ground sewer interceptor line. This maintenance will include general condition inspection and minor repair and video pipeline inspection and pipeline cleaning. General condition inspection and minor o CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION September 17,2008 Page 2 repair will occur approximately two times per year. Video inspection would occur at least once every five years. Impact on Coastal Resources: The project is to maintain and repair the existing sewer manholes and interceptor line within the sewer easement. No permanent project related impacts to sensitive upland or wetland habitats will occur provided that construction and maintenance of the project is accomplished in accordance with the required mitigation measures. IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan Open Space (OS) Land Use designation; B. Planned Community (P-C) Zone (C.M.C. Chapter 21.38); and C. Coastal Development Permit Regulations for the East Batiquitos Lagoon Local Coastal Program (LCP) Segment, Coastal Resource Protection Overlay Zone, (Chapters 21.201 and 21.203 of the Zoning Ordinance). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable city regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Open Space One of the purposes of the General Plan Open Space land use designation is to protect natural resource areas such as the lagoons and their surrounding environments. The City's Habitat Management Plan (HMP) is a key tool to implementing the resource protection objectives of the General Plan. The sewer manhole rehabilitation and maintenance project will utilize construction methods and procedures required in the Mitigation Monitoring and Reporting Program that will minimize risk of damage to sensitive resources. The project will be carried out consistent with the provisions of the HMP. Therefore, the open space will not be significantly affected by the project. The project is also consistent with the General Plan's Goals and Objectives as listed in Table A. TABLE A: GENERAL PLAN CONSISTENCY ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS CONSISTENT? Land Use A city which maintains a system of public facilities adequate for the projected population and ensures timely provision of adequate public facilities to preserve the quality of life of residents (Growth Management Goals A.I &A.2). __ The project is within an existing sewer easement and the project maintains an existing sewer line which helps to preserve the quality of life of residents. Yes CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION September 17,2008 Page 3 TABLE A: GENERAL PLAN CONSISTENCY CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS CONSISTENT? Circulation To comply with all federal, state and local laws and regulations regarding the preservation and enhancement of water quality (Public Utility and Storm Drain Facilities Objective B.5). The project will follow the City's Stormwater Best Management Practices (BMPs) to maintain water quality. Yes Open Space & Conservation A city that protects environmentally sensitive land and buffer areas (Special Resource Protection Goal A.I). The project maintains an existing sewer line which helps to protect the environmentally sensitive land by minimizing the chances of a failure. The proposed maintenance will be conducted without impacts to sensitive areas. Yes Parks & Recreation A city that preserves areas of scenic, historic, and cultural value (Special Resource, Open Space and Cultural-Historical Areas Goal A.3). The project design and methodology avoids impacts to scenic, cultural, and historic values associated with Batiquitos Lagoon. Yes B. Planned Community Zone The project is primarily located within the Aviara Master Plan Area which designates the project area as open space, public trail, or golf course use. A small portion of the project is located outside of the Aviara Master Plan but is not currently part of another master plan. The project is consistent with the P-C zone and the Aviara Master Plan in that no development is proposed and the existing sewer infrastructure, located within an easement, must be maintained in order to continue to serve the surrounding development. C. Coastal Development Permit Regulations for -the East Batiquitos Lagoon Local Coastal Program (LCP) Segment and the Coastal Resource Protection Overlay Zone. 1. East Batiquitos Lagoon LCP Segment The project site is located within the East Batiquitos Lagoon Segment of the Local Coastal Program and is in the appeal jurisdiction of the Coastal Commission. The proposed sewer rehabilitation is consistent with the policies and implementing objectives of the City's coastal development procedures and CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION September 17,2008 Page 4 provisions of the East Batiquitos Lagoon Local Coastal Program by preserving the existing open space areas in and around the project area. Additionally, the project will not obstruct views of the lagoon, nor otherwise damage the visual beauty of the coastal zone. Impacts to sensitive coastal resources will be minimized to levels of insignificance by implementing the project's Mitigation Monitoring and Reporting Program. Public access to the north shore trail will be maintained during project construction. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants and soil erosion. No development is proposed in areas of steep slopes (coastal bluff) and the native vegetation located on the subject property will not be significantly impacted. The site is not located in an area prone to landslides, or susceptible to accelerated erosion or liquefaction. While the area is subject to flooding, the project is compatible with periodic flooding and no new structures are being constructed in this area. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment for the Batiquitos Interceptor Sewer Rehabilitation project to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to nesting birds, sensitive vegetation, sensitive habitat, and hydrology. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Comment letters from the California Department of Fish and Game (CDFG), United States Fish and Wildlife Service (USFWS), Native American Heritage Commission (NAHC), and the Department of Toxic Substances Control (DTSC) were received during the 30-day public review and comment period from June 5, 2008 to July 5, 2008. Staff responses to NAHC and DTSC clarify that the areas of concern raised in the letters have already been addressed in the MND and MMRP. Staff concurs with the comments received by CDFG and USFWS and revisions were made to the MMRP accordingly. The comment letters and responses are included as attachments to Resolution No. 6463 recommending approval of the Mitigated Negative Declaration. CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION September 17,2008 Page5 ATTACHMENTS: 1. Planning Commission Resolution 6463 (MND) 2. Planning Commission Resolution 6464 (CDP) 3. Location Map 4. Disclosure Form 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Exhibits "A-D", dated September 17, 2008 PROJECT-SITE SITEMAP NOT TO SCALE Batiquitos Interceptor Sewer Rehabilitation CDP07-13 I - C i ty of Carlsbad '" ———•—*-•• or • -------•F^VHMPMHM^HHPR^WilMMWmPiWVDepartment DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, .corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." .Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% .OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /%//£ &/s&<^ x? _ Corp/Part Cfty ol4^ • * Title /fesoc.icAg ggrixyrfyx' Title Address /£ 3 S /3»"B.c/g>y tfe* /• Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _ Corp/Part Title Title C,ty <n Address Address oKi 1635 rasaoay Av«OU9 • C*rtSb«KS, CA S2ffi:a-73l4 » (7SO| fl02-»SOO • rr-X (7SO) 502-6559 • WAV.ci.cailstiaH3.ca.ua 3. NON-PROFIT ORGANIZATION OR TRUST ; - If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer-or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust .. Non Profit/Trust • Title . Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes \r\ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. «___—•__^^^-^^——^—^_^^_^_________^ £e gi f ffrra* fr j ^— Signature of owner/date . Signature of applicanudate ^L3" applicPrint or type name of owner Print or type name or applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:AOMIN\COUNTER\DISCIOSURE STATEMENT 5/98 Page 2 of 2 BACKGROUND DATA SHEET CASE NO:CDP07-13 CASE NAME: BATIQUITOS INTERCEPTOR SEWER REHABILITATION APPLICANT: City of Carlsbad REQUEST AND LOCATION: Request for a Coastal Development Permit to allow the rehabilitation and ongoing maintenance of 43 existing sewer manholes located within a sewer easement, generally along the north shore of Batiquitos lagoon, between Gabbiano Lane and El Camino Real within Local Facilities Management Zone 19 and the East Batiquitos Lagoon segment of the City's Local Coastal Program. LEGAL DESCRIPTION:N/A APN: Multiple Acres: N/A Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: OS Proposed Land Use Designation: N/A Density Allowed: N/A Existing Zone: OS Density Proposed: N/A Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West OS P-C P-C P-C T-C OS RLM OS T-R TC LOCAL COASTAL PROGRAM Current Land Use Open Space, Trail, Golf Course. Single Family Homes Batiquitos Lagoon La Costa Resort Hotel Interstate 5 Coastal Zone: IXI Yes I I No Local Coastal Program Segment: East Batiquitos Within Appeal Jurisdiction: [>\l Yes I I No Coastal Development Permit: [X] Yes |~| Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: OS Existing LCP Zone: P-C Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption,, Negative Declaration, issued September 17, 2008 I I Certified Environmental Impact Report, dated_ D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Batiquitos Interceptor Sewer Rehabilitation - CDP 07-13 LOCAL FACILITY MANAGEMENT ZONE: i£ GENERAL PLAN: OS ZONING: P-C DEVELOPER'S NAME: City of Carlsbad ADDRESS: 1635 Faraday Avenue. Carlsbad. CA 92008 PHONE NO.: 760-602-2763 ASSESSOR'S PARCEL NO.: Multiple QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): N/A ESTIMATED COMPLETION DATE: March 2009 A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = N/A Identify Drainage Basin = Batiquitos (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = N/A (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 4 H. Open Space: Acreage Provided = N/A I. Schools: N/A (Demands to be determined by staff) J. Sewer: Demands in EDU N/A Identify Sub Basin = N/A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = N/A