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HomeMy WebLinkAbout2019-05-07; City Council; ; Approve a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the: 1) construction of a new grit and screenings annex including appCA Review (<.v( ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From : Staff Contact: Subject: Project Name: Project No.: May 7, 2019 Mayor and City Council Scott Chadwick, City Manager Pam Drew, Associate Planner pam .drew@carlsbadca.gov or 760-602-4644 Approve a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the: 1) construction of a new grit and screenings annex including applicable equipment; 2) repair, rehabilitation and replacement of existing aging infrastructure through the preliminary and primary areas; 3) construction of 21 new parking spaces to the east of the existing administration building; and 4) construction of a waste hauling truck turn-around area located at 6200 Avenida Encinas within Local Facilities Management Zone 3. Encina Water Pollution Control Facility AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-173) Recommended Action That the City Council hold a public hearing and 1) introduce an Ordinance adopting Precise Development Plan Amendment AMEND 2018-0007; and 2) adopt a resolution approving a Coastal Development Permit Amendment AMEND 2018-0008 for improvements at the wastewater treatment facility. Executive Summary The applicant is seeking approval of a Precise Development Plan Amendment and a Coastal Development Permit Amendment to rehabilitate and improve the wastewater treatment process through on-site construction at the Encina Water Pollution Control Facility (EWPCF). To improve the primary treatment process of wastewater flows, the Encina Wastewater Authority (EWA) proposes to construct a grit and screenings annex (annex) in an already paved area west of the existing screenings building. The project also includes repairing, replacing and rehabilitating related aging infrastructure within the existing screenings building, constructing a waste hauling truck turn-around area and 21 on-site parking spaces for employees. These improvements will help to mitigate odor by containing them inside the annex and increase the level of service for critical treatment facilities. On April 3, 2019, the Planning Commission conducted a public hearing and recommended approval of the project. EWA Assistant General Manager Scott McClelland made a brief presentation to the Planning Commission and responded to questions. No members of the May 7, 2019 Item #5 Page 1 of 67 public addressed the Planning Commission on this item. Draft minutes of the Planning Commission proceeding on this item is attached as Exhibit 7 to this staff report. Operation of the EWPCF is subject to approval of a Precise Development Plan (PDP), which was first issued by the City Council in 1979. Approval of a PDP and any subsequent amendments thereto are processed in the same manner as a zone change, whereby the Planning Commission first reviews and makes a recommendation to the City Council, and the City Council renders the final determination. In addition, the EWPCF is subject to Coastal Development Permit requirements, also under the decision-making authority of the City Council in this case. Discussion Grit and Screenings Annex The new annex building would be built adjacent to and west of the existing screenings building, -located in the north-central portion of the EWPCF site, an area that is currently paved. The south side of the building will have a retaining wall a·pproximately five feet tall so that the annex slab finished floor elevation will match the existing screenings building floor slab elevation. Operation of the annex will enhance the EWPCF's ability to more effectively screen grit by adding another screening step to the existing preliminary screening process. The annex's footprint would be 1,400 square feet, and the building would be about 35 feet tall. The annex exterior would be constructed of masonry walls with stucco finish that would be consistent with the existing structures at the EWPCF site. Equipment that would be installed in the annex building includes wastewater intake equipment to receive wastewater from the existing screening facility; washer compactor; roll-off dumpster; screenings distribution box; and conveyer equipment. Other improvements would include rebalancing of the odor control system to provide treatment of foul air from the preliminary/primary areas (including the new annex), replacement of electrical gear, and upgrades to the preliminary/primary area instrumentation and control systems, including integration into the plant-wide supervisory control and data acquisition (SCADA) network. Infrastructure Improvements The infrastructure improvements in the existing screenings building would rehabilitate and improve the preliminary and primary treatment areas at EWPCF. The improvements would reduce abrasion and wear of mechanical equipment, grit deposition in pipelines and channels, and accumulation of grit in anaerobic digesters and aeration basins to increase service life and improve operability and reliability. The improvements include replacing the screens, replacing screenings and grit handling, improving the primary sedimentation basins, and rebalancing the odor control system . Waste Hauling Turn-Around Area To accommodate waste hauling trucks and their necessary turning radius, the project would also construct a paved area with a maximum five-foot retaining wall north of the proposed annex. This area is partially paved and partially covered in non-native landscaping shrubs and May 7, 2019 Item #5 Page 2 of 67 groundcover (.04 acre of landscaping will be removed in this area). The landscaped portion has a slope of 3:1 (horizontal:vertical) which would be cut into to develop the level truck turn- around area. Per the P-U Zone only setbacks are required to be landscaped. Since the turn- around area, and the proposed parking lot, are outside the setbacks no replacement landscaping is required or proposed. Parking Lot To improve safety and access for EWA staff the project also includes 21 additional parking spaces east of the Administration Building. The parking lot would be constructed in an area currently occupied by non-native landscaping, which includes trees, shrubs and groundcover (.13 acre of landscaping will be removed in this area). The existing slope i s approximately 6:1 (horizontal:vertical), which would necessitate the construction of a retaining wall, which would vary in height from three to five feet above existing grade. The improvements in this area would also include a concrete gutter, landscaping and several new pedestrian sta i rcases to allow workers to safely access the EWPCF from the parking lot. The parki ng lot would be constructed of asphalt concrete pavement and include a vehicle concrete parking stop in each stall. Fiscal Analysis All required improvements to construct this project will be funded and constructed by the Encina Wastewater Authority. Next Steps City Council's action on the Precise Development Plan Amendment is final. The City Council's action on the Coastal Development Permit Amendment is appealable to the California Coastal Commission per Section 30603(a)(S) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or major energy facility costing $100,000 or more is appealable to the Commission. Environmental Evaluation (CEQA) An Initial Study (IS), dated August 2018 by Woodard & Cu ran for EWA, was submitted to the Planning Division with the application submittal. The IS determined that the project would not have a significant impact on the environment. After reviewing the IS the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301-Existing Facilities. A Notice of Exemption will be filed with the County Clerk upon project approval. Climate Action Plan Consistency The project is consistent with the Climate Action Plan (CAP) as the wastewater treatment plant provides onsite renewable energy from biogas, collected from the plant's anaerobic digesters, and natural gas produced from the burning of methane, which produces on average 86 percent of the plant's daily electrical needs (Measure C-Building Cogeneration). May 7, 2019 Item #5 Page 3 of 67 Furthermore, the project has been conditioned to provide a Transportation Demand Management Plan for EWA employees {Measure K) and to install two electric vehicle charging spaces, at least one of which shall be installed with charging equipment (Measure L). Public Notification and Outreach . This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. City Council Ordinance. 2. City Council Resolution. 3. Planning Commission Resolution No. 7327. 4. Planning Commission Resolution No. 7328. 5. Planning Commission Staff Report dated April 3, 2019. 6. Memorandum from Woodard & Curran dated March 27, 2019. 7. Planning Commission Draft Minutes dated April 3, 2019. May 7, 2019 Item #5 Page 4 of 67 ORDINANCE NO. CS-353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO PRECISE DEVELOPMENT PLAN PDP 1 FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATION AND REPLACEMENT OF EXISTING AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EAST OF THE EXISTING ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN- AROUND AREA WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a request to approve a Precise Development Plan Amendment (AMEND 2018-0007) for the Encina Water Pollution Control Facility; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to AMEND 2018- 0007 -Encina Water Pollution Control Facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That the recommendation of the Planning Commission for approval of a Precise Development Plan Amendment (AMEND 2018-0007), is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7327, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That Condition No. 2 of Ordinance No. NS-819, requiring the Applicant to provide copies of the EWPCF "Odor Complaints Log" to the Planning Director on a quarterly basis, is no longer needed as the City Planner has determined that over the years there have been very few odor complaints. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary May 7, 2019 Item #5 Page 5 of 67 of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 7th day of May 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ___ day of ________ ~ 2019, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) May 7, 2019 Item #5 Page 6 of 67 RESOLUTION NO. 2019-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATION AND REPLACMENT OF EXISTING AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EAST OF THE EXISTING ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN- AROUND AREA LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO.: ENCINA WATER POLLUTION CONTROL FACILITY AMEND 2018-0008 (DEV2018-173) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Carlsbad Municipal Code, the Planning Commission did, on April 3, 2019, hold a duly noticed public hearing as prescribed by law to consider Coastal Development Permit Amendment AMEND 2018-0008, as referenced in Planning Commission Resolution No. 7328; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7328 recommending to the City Council that it be approved; and WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider said Coastal Development Permit Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for approval of Coastal Development Permit Amendment AMEND 2018-0008, is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7328, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final on the date the accompanying ordinance for the Precise Development Plan Amendment {AMEND 2018-0007) is adopted by the City Council, which is the final action on this project unless appealed to the California Coastal Commission within 10 May 7, 2019 Item #5 Page 7 of 67 calendar days after the second reading ofthe Ordinance. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of May 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. (SEAL) May 7, 2019 Item #5 Page 8 of 67 PLANNING COMMISSION RESOLUTION NO. 7327 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PRECISE DEVELOPMENT PLAN AMENDMENT TO ALLOW FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATION AND REPLACEMENT OF EXISTING AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EA.ST OF THE EXISTING ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN-AROUND AREA WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO: ENCINA WATER POL~VTION CONTROL FACILITY AMEND 2018-0007 (DEV2018-173) WHEREAS, Encina Wastewater Authority, /(Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Joint Powers Authority, "Owner," described as Property identified by Assessor's Parcel Numbers 214-010-9500, 211-030-0600 and 211-030- 0800 (/(the Property"fand WHEREAS, said verified application constitutes a request for a Precise Development Permit Amendment as shown on Exhibits "A"-/(ICK" dated April 3, 2019, attached hereto and on file in the Carlsbad Planning Division, AMEND 2018-0007 -ENCINA WATER POLLUTION CONTROL FACILITY, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the proposed Precise Development Permit is set forth and attached in the draft City Council Ordinance, Exhibit AMEND 2018-0007, dated April 3, 2019; and WHEREAS, the Planning Commission did, on April 3, 2019, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Precise Development Plan. Exhibit 3 May 7, 2019 Item #5 Page 9 of 67 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the ENCINA WATER POLLUTION CONTROL FACILITY- AMEND 2018-0007 based on the following findings and subject to the following conditions: Findings: Precise Development Plan l. That the proposed Precise Development Plan Amendment is consistent with the goals and policies of the various elements of the General Plan, in that the proposed modernization of the screenings building to improve screening of materials, reduce odors and provide additional on-site employee parking are a necessary part of the Encina Wastewater Pollution Control Facility (EWPCF} and is consistent with the Public Utilities General Plan designation on the property and the use is necessary to continue to provide wastewater treatment. Furthermore, per the March 27, 2019 memorandum, produced by Woodward & Curran, in 2018 EWA produced an average of 86 percent of its on-site electricity needs from their cogeneration system, with approximately two thirds. of the electricity derived from the renewable biogas produced on site and one third from natural gas. In addition, heat from the engines is captured and provides heat for the digesters and a portion of the plant's hot water needs, which further offsets energy demands from the SDG&E system. 2. That the prnposed Predse Development Plan Amendment, as conditioned .herein, is consistent with the Ge.neral Plan policies including the Mobility Element policies, which support TDM, and the Sustainability Element, which calls for the use of sustainable and stabl.e energy sources. That the proposed Precise Development Plan Amendment is consistent with the intent and purpose of the Public Utilities Zone, •in that the proposed modernizations are necessary to provide adequate performance and operations related to the operation of the wastewater treatment facility. Furthermore, the proposed project satisfies the lot size requirement and the maximum lot coverage limit for the P-U zone. The proposed grit and screenings annex is 35 feet tall, well below the maximum height of 53 feet allowed on site. No proposed structures are located within any .setbacks and the project includes an additional 21 parking spaces for employees. General 3. The project is consistent with the Citywide Facilities and Improvements Plan, the Locc;1I Facilities Management Plan for Zone 3 and all city public facility policies and ordinances in that the project will improve the wastewater treatment process by improving the primary treatment process of wastewater flows and replace aging equipment. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. 4. An Initial Study (IS), dated August 2018and prepared by Woodard & Curan for EWA, was prepared and submitted to the Planning Division with the application submittal. The IS determined that the project would not have a significant impact on the environment. After reviewing the IS the City PC RESO NO. 7327 -2- May 7, 2019 Item #5 Page 10 of 67 Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301-Existing Facilities. A Notice of Exemption will be filed with the County Clerk upon project approval. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied priorto the issuance ofa Notice to Proceed, commencement of construction or the issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to 'be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the ri~ht 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 fqr their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Precise Development Plan Amendment. 2 . Staff is a.uthorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan Amendment documents, as necessary to make them internally consistent and i n conformity With the final action on the project. Development shall occur substantially as shown on the approved Exhibits . Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. This approval is granted subject to the approval of AMEND 2018-0008 and is subject to all conditions contained in Planning Commission Resolution No. 7328 for those other approvals incorporated herein by reference. 5. Upon approval by City Council the setbacks/yards, open space, height and bulk of .buildings, fences and walls, landscaping, grading, dedication and improvement requirements, phasing (if . any), points of ingress and egress, and parking proposed by AMEND 2018-0007 shall be the minimum development standards for PDP 1. Any change to the structures, equipment, or other facilities on the EWPCF site from those approved by this PDP Amendment (AMEND2018-0007) which would exceed these approved development standards, shall require the approval of the City Council. PC RESO NO. 7327 -3- May 7, 2019 Item #5 Page 11 of 67 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from {a) city's approval and issuance of this Precise Development Plan Amendment and Coastal Development Permit Amendment, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, iri. connection with the use contemplated herein, and {c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated . 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if the issuance of a Notice to Proceed, commencement of construction or the issuance of a grading permit, whichever occurs first, are not iss.ued for this project within 24 months from the date of project approval. 10. Prior to the issuance of a Notice to Proceed, commencement of construct ion or the issuance of a grading permit, whicheverocctfrs first, developer shall submit to the City Planner, a 24"x 36" copy of the Site Plan reflecting the conditions app~oved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 11. Prior to the issuance of a Notice to Proceed, commencement of-construction or the issuance of a grading permit, whichever occurs first, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be fi led in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all i nterested parties and successors in interest that the City of Carlsbad has issued a Precise Development Plan Amendment by Resolution No. 7327 and Coastal Development Amendment by Resolution No . 7328 on the property .. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrict ions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the peveloper or successor in interest. 12 . Upon approval by City Council, this Precise Development Plan Amendment (AMEND 2018-0007) site plan shall become the approved site plan for the entire 25.23-acre Encina Water Pollution Contro l Facility development and shall supersede all preceding approvals for POP 1. EV Condition PC RESO NO. 7327 -4- May 7, 2019 Item #5 Page 12 of 67 13. Applicant shall install electric vehicle service equipment (EVSE) infrastructure for a minimum of two of the total pa r king spaces in the proposed parking lot, or other location accessible to employees of, or visitors to, the wastewater treat ment facilities, in accordance with City of Carlsbad Ordinance No. CS-349. At least one of the electric vehicle charging spaces (EV space) shall be "EVSE Installed" as defined in Ordinance No. CS-349, Section 4 . The second required EV space shall be "EVSE Capable", "EVSE Ready", or "EVSE I nstalled" as defined in the ordinance. Prior to issuance of a grading permit by the City, Developer shall submit evidence to the satisfaction of the City Planner that final construction plans and bid documents include the design and speci fi cations for const r uction of the required EV spaces. Engineering General 14 . Prior to hauling dirt or constructioh materials to o_r from any proposed construction site within this project, developer shall apply for and obtain approval from,the city engineer for the proposed haul route . Grading 15. Based upon a review of the proposed grading and the grading quantities shown on the site plan for the parking lot, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review ahd permit fees per the city's latest fee schedule. Storm Water Quality 16. Developer shall comply with the city's Storm Water Regulations, latest version, ·and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable . Developer shall notify prospective owners and tenants of the above requirements. 17. Developer shall complete and submit to the city enginee r a Determination of Project's SW PPP Tier Level and Construction Threat Level Form pufsuant to City Engineering Stand<1rds. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfacti ,on of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 18. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP requ i red by this condition shall be reviewed and approved by the city engineer wit'1 final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7327 -5- May 7, 2019 Item #5 Page 13 of 67 19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Transportation Demand Management 20. Prior to the issuance of a grading permit, the developer shall provide a Transportation Demand Management Plan to the satisfaction of the city engineer. NOTICE TO APPLICANT The project is appealable to the California Coastal Commission per Section 30603(a){5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or a major energy facility costing $100,000 or more is ·appealable tothe Commission. Therefore, this Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date offinal ap-proval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure ~ill bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously beeh given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 3, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: Commissioner Geidner PC RESO NO. 7327 -6- May 7, 2019 Item #5 Page 14 of 67 CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7327 -7- May 7, 2019 Item #5 Page 15 of 67 PLANNING COMMISSION RESOLUTION NO. 7328 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT AMENDMENT TO ALLOW FOR THE: 1) CONSTRUCTION OF A NEW GRIT AND SCREENINGS ANNEX INCLUDING APPLICABLE EQUIPMENT; 2) REPAIR, REHABILITATE AND REPLACE EXISTING AGING INFRASTRUCTURE THROUGH THE PRELIMINARY AND PRIMARY AREAS; 3) CONSTRUCTION OF 21 NEW PARKING SPACES TO THE EAST OF THE EXISTING ADMINISTRATION BUILDING; AND 4) CONSTRUCTION OF A WASTE HAULING TRUCK TURN-AROUND AREA WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 6200 AVENIDA ENCINAS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CASE NO: ENCINA WATER POLLUTION CONTROL FACILITY AMEND 2018-0008 (DEV2018-173) WHEREAS, Encina Wastewater Authority, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Encina Joint Powers Authority, "Owner," described as Property identified by Assessor's Parcel Numbers 214-010-9500, 211-030-0600 and 211-030- 0800 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits "A"-"KK" dated April 3, 2019, attached hereto and on file in the Carlsbad Planning Division, AMEND 2018~0008 -ENCINA WATER POLLUTION CONTROL FAtlLITY, as provided in Chapter 21.201.030 ofthe .Carlsbad Municipal Code.; and WHEREAS, the Planning Commission did, on April 3, 2019, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearin,g, upon hearing and considering all testimony and ,arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission .of the City of Carlsbad, as follows: A) That the above recitations are true and correct. Exhibit 4 May 7, 2019 Item #5 Page 16 of 67 · B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the ENCINA WATER POLLUTION CONTROL FACILITY- AMEND 2018-0008 based on the following findings and subject to the following conditions: Findings: Coastal Development Permit 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that project is in the Mello II Local Coastal Program Segment. The policies of the Mello II segment of the Coastal Zone emphasize preservation of prime agriculture and scenic resources, protection of environmentally sensitive lands, provision of shorelihe access and prevention of geologic instability and erosion. The site of the proposed project does not and has not in recent history supported agricultural uses and has not been designated as protected agricultural land, nor are there any sensitive resources located on the developable portion of the site. The wastewater treatment facility is not located in an area of known geologic instability or flood hazard. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site does not have frontage along the coastline and no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the public utility designated site is not suited for water-oriented retreation activities. Therefore, the project will not interfere with the public's right to physical access to the sea. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21 .203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone .3 and all city public facility policies and ordinances in that the project will improve the wastewater treatment process by improving the primary treatment process of wastewater flows and replace aging equipment. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. 5. An Initial Study (IS), dated August 2018 and prepared by Woodard & Curan for EWA, was prepared and submitted to the Planning Division with the application submittal. The IS determined that the project would not have a significant impact on the environment. After reviewing the IS the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the. environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301 -Existing Facilities. A Notice of Exemption will be filed with the County Clerk upon project approval. PC RESO NO. 7328 -2- May 7, 2019 Item #5 Page 17 of 67 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 . Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied priorto 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 t heir terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further .condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with .said conditions or seek damages for their violation . No vested rights are gained by Developer or a successor in interest by the city's approval of this Coastal Development Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer to. make, all corrections. and modifications to the Coastal Development Pe r mit Amendment documents, as necessary to make them internally consistent and i n 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. 1 This approval is granted subject to the approval of AMEND 201s~ooo1 and is subject to all conditions contained in Planning Commission Resolution No. 7327 for those other approvals incorporated herein by reference. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unl:ess the City Council determines that the project without the condition complies with all requirements of law: 6. Developer/Operator shall and does hereby .agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands; claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and 'issuance of this Coastal Development Permit Amendment, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein , and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or PC RESO NO . 7328 -3- May 7, 2019 Item #5 Page 18 of 67 emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Engineering General 9. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Grading 10 . Based upon a review of the proposed grading and the grading quantities shown on the site plan for the parking lot, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 11. Developer shall comply with the city's Storm Water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer sha 11. notify prospective owners and tenants of the above requirements. 12. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and approp r iate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 13. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm ,Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. · The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7328 -4- May 7, 2019 Item #5 Page 19 of 67 14. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. NOTICE TO APPLICANT The project is appealable to the California Coastal Commission per Section 30603(a){S) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or a major energy facility costing $100,000 or more is appealable to the Commission. Therefore, this Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a· valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the .CDP issuance ("Notice of Final Action"). The filing ofa vaiid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter .collectively referred to for convenience as ;'fees/exactions." You have 90 days from date offinal approval to protest imposition of these fees/exactidns. If you protest them, ydu must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer cormection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLYto any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 3, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Ande 'rson, Lafferty, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN: Commissioner Geidner PC RESO NO . 7328 -5- May 7, 2019 Item #5 Page 20 of 67 6•t1flokru Y J1rruµ CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO . 7328 -6- May 7, 2019 Item #5 Page 21 of 67 PLANNING COMMISSION Item No . 0 P.C. AGENDA OF: April 3, 2019 Application complete date: January 29, 2019 Project Planner: Pam Drew Project Engineer: Kyrenne Chua SUBJECT: AMEND 2018-0007/AMEND 2018-0008 (DEV2018-173) -ENCINA WATER POLLUTION CONTROL FACILITY -Request for a recommendation of approval of a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the : 1) construction of a new grit and screenings annex including applicable equipment; 2) repair, rehabilitation and replacement of existing aging infrastructure through the preliminary and primary areas; 3) construction of21 new parking spaces to the east of the existing administration building; and 4) construction of a waste hauling truck turn-around area, all within the Mello II Segment of the city's Local Coastal Program and located at 6200 Avenida Encinas within Local Facilities Management Zone 3. The project is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or major energy facility costing $100,000 or more is appealable to the Commission . The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities). I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No . 7327 and Resolution No . 7328 RECOMMENDING APPROVAL of Precise Development Plan Amendment AMEND 2018-0007 and Coastal Development Permit Amendment AMEND 2018-0008 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The existing Encina Water Pollution Control Facility (EWPCF) campus occupies a site consisting of three parcels totaling approximately 25 acres (1,088,992 square feet). The project site is located at 6200 Avenida Encinas as shown on the attached location map. The site is mostly flat with upslopes surrounding the property on the north, east and south sides. The vegetation on the site includes ornamental plants, shrubs and trees. Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. Exhibit 5 May 7, 2019 Item #5 Page 22 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173}-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 2 TABLE A Location General Plan Designation Zoning Current Land Use Site u P-U Wastewater treatment facility North Pl M Industrial & commercial South u P-U Recycled water facility East TC T-C 1-5 Freeway West TC T-C NCTD railroad tracks Project Description: Encina Wastewater Authority (EWA} is proposing to rehabilitate and improve the wastewater treatment process through on-site construction at the EWPCF. To improve the primary treatment process of wastewater flows, EWA proposes to construct a grit and screenings annex (annex) in an already paved area west of the existing screening building. The project also includes repa i ring, replacing and rehabilitating related aging infrastructure within the existing screenings building, constructing a waste hauling truck turn-around area and 21 on-site parking spaces for employees. These improvements will help to mitigate odor by containing them inside the annex and increase the level of service for critical treatment facilities. The preliminary treatment facilities serve as a first step in the treatment process removing solids larger than the bar screen openings and extracting grit (including sand, gravel, eggshells, seeds and other heavy inorganic materials} found in raw municipal wastewater. The primary treatment facilities include removal of floatable and settleable materials in the primary sedimentation basins. The 21 parking spaces would be located east of the Administration Building. The parking area would be 6,600 square feet in area and include a retaining wall, drainage infrastructure and pedestrian access staircases. The on-site parking will improve safety and access for staff and increase the amount of available street parking along Avenida Encinas. Grit and Screenings Annex To increase the level of service for critical EWPCF treatment facilities, and improve mitigation of odors, a new annex is proposed. The new annex would be built adjacent to and west of the existing screening building, located in the north-central portion of the EWPCF site, which is currently paved. The south side of the building will have a retaining wall approximately five feet tall so that the annex slab finished floor elevation will match the existing screening building floor slab elevation. Operation of the annex will enhance the EWPCF's ability to more effectively screen grit by adding another screening step to the existing preliminary screening process . The annex's footprint would be 1,400 square feet, and the building would be about 35 feet tall. The proposed Grit and Screenings Annex exterior would be constructed of masonry walls with stucco finish that would be consistent with the existing structures at the EWPCF site. The proposed overhead, insulated, coiling doors on the north side of the Annex would be constructed of metal with a painted finish . The proposed insulated windows would have aluminum frames with factory finish. Equipment that would be installed in the annex building includes wastewater intake equipment to receive wastewater from the existing screening facility; washer compactor; roll-off dumpster; screenings distribution box; and conveyer equipment. Other improvements would include rebalancing of the odor control system to provide treatment of foul air from the preliminary/primary areas (including the new annex), replacement of electrical gear, and upgrades to the preliminary/primary area instrumentation and May 7, 2019 Item #5 Page 23 of 67 r AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 3 control systems, including integration into the plant-wide supervisory control and data acquisition (SCADA) network. To accommodate waste hauling trucks, a new paved area with a retaining wall would be constructed north of the annex. Infrastructure Improvements The infrastructure improvements in the existing screenings building would rehabilitate and improve the preliminary and primary treatment areas at EWPCF. The improvements would reduce abrasion and wear of mechanical equipment, grit deposition in pipelines and channels, and accumulation of grit in anaerobic digesters and aeration basins to increase service life and improve operability and reliability. The improvements including replacing the screens, replacing screenings and grit handling, improving the primary sedimentation basins, and rebalancing the odor control system. Waste Hauling Turn-Around Area To accommodate waste hauling trucks and their necessary turning radius, the project would also construct a paved area with a maximum five-foot retaining wall north of the proposed annex . This area is partially paved and partially covered in non-native landscaping shrubs and groundcover (.04 acre of landscaping will be removed in this area). The landscaped portion has a slope of 3:1 (horizontal :vertical) which would be cut into to develop the level truck turn-around area. Per the P-U Zone only setbacks are required to be landscaped. Since the turn-around area, and the proposed parking lot, are outside the setbacks no replacement landscaping is required or proposed. Parking Lot To improve safety and access for EWA staff the project also includes 21 additional parking spaces east of the Administration Building. The parking lot would be constructed in an area currently occupied by non- native landscaping, which includes trees, shrubs and groundcover (.13 acre of landscaping will be removed in this area). The existing slope is approximately 6:1 (horizontal:vertical), which would necessitate the construction of a retaining wall, which would vary in height from three to five feet above existing grade. The improvements in this area would also include a concrete gutter, landscaping and several new pedestrian staircases to allow workers to safely access the EWPCF from the parking lot. The parking lot would be constructed of asphalt concrete pavement and include a vehicle concrete parking stop in each stall. Proposed Grading Estimated grading quantities include 1,915 cubic yards (cy) of cut, 2,030 cy of fill, 1,255 cu of export and 1,005 cy of import. A grading permit will be required for the parking lot. Background/Prior Actions There have been eight amendments to the PDP since the City Council first approved PDP 1 on June 19, 1979 . The EWPCF was built in the 1960's to provide primary wastewater treatment prior to deep ocean disposal. Planning for secondary treatment began during the early 1970's. The treatment plant was commissioned in 1983 for primary and secondary treatment. The operations and maintenance areas of the site remained generally unchanged until 2005, when City Council approved PDP l(G) to allow the construction of two new operations and maintenance buildings adjacent to Avenida Encinas. Other prior permit actions include upgrades to the facility to comply with Federal and State wastewater treatment guidelines, construction of a sedimentation tank, replacement of a pump station and the addition of an electrical equipment building. May 7, 2019 Item #5 Page 24 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 4 Ill. ANALYSIS The project is subject to the following regulations and requirements: A. Public Utilities (U) General Plan Land Use Designation B. Public Utilities (P-U) Zone {C.M.C. Chapter 21.36); C. Coastal Development Regulations for the Mello II Segment of the LCP and the Coastal Resource Protection Overlay Zone (C.M.C. Chapters 21.201 and 21.203); and D. Growth Management Ordinance (C.M.C Chapter 21.90). 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. Public Utilities (U) General Plan Land Use Designation The proposed project site has a General Plan designation of Public Utilities (U) and contains the existing EWPCF. The proposed project involves an expansion and modification of the screenings facility to improve screening of materials, reduce odors and provide additional on-site employee parking. As demonstrated in Table B below, the proposed project is consistent with the U General Plan designation and Mobility and Sustainability Elements. On March 12, 2019, the City Council adopted ordinances to help implement General Plan policies regarding mobility and sustainability. These ordinances regard energy conservation, electric vehicle charging infrastructure, and transportation demand management. Staff has conditioned the project to comply with ordinance provisions by requiring installation of electric vehicle service equipment infrastructure and preparation of a transportation demand management (TDM) plan . Conditions are not proposed to comply with ordinance energy conservation measures as the EWPCF already produces a substantial amount of its energy onsite. The applicant has provided a March 27, 2019 memorandum, produced by its consultant Woodward & Curran that presents appropriate justification . This memorandum is an attachment to the staff report. (Note the memorandum under Issue 1 and Issue 3, references proposed conditions; these conditions were not included in the final resolution.) While staff has conditioned the project to install electric vehicle service equipment infrastructure, the applicant, in the attached memorandum, requests a waiver from this requirement for various reasons, including infeasibility, cost, and insufficient electrical supply . Staff believes alternatives, such as installation of the infrastructure on an adjacent property, exist and therefore recommends the condition remain . TABLE B USE, PROPOSED USES AND Comply CLASSIFICATION, IMPROVEMENTS ELEMENT GOAL, OBJECTIVE, OR PROGRAM Land Use and Goal 2-G.21 Construction of a grit and Yes Community Design Ensure that adequate screenings annex; public facilities and modifications to the May 7, 2019 Item #5 Page 25 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 5 -Growth services are provided existing screenings Management in a timely manner to building; waste hauling preserve the quality turnaround area; and of life of residents. employee parking lot. Mobility -Parking Policy 3-P.38 The project is conditioned Yes and Demand Develop flexible on-to provide a Management site vehicle parking Transportation Demand requirements. Such Management Plan to the requirements will satisfaction of the city include engineer, per Ordinance implementation of No. CS-350. innovative parking techniques, implementing effective TDM programs to reduce parking demand, and consideration of other means to efficiently manage parking supply and demand . Sustainability -Policy-9-P.13 The project was not Yes Energy Use the city's Climate conditioned to install a Action Plan as the photovoltaic system on the platform for new annex building or delineating and provide other energy implementing efficiency requirements, measures to improve per Ordinance Nos. CS-347 energy conservation & 349, because EWA and increase already produces most of renewable energy their electricity needs on use (such as solar) in site. According to the existing and new attached memorandum development. from Woodward & Curran, consultant to EWA, the facility in 2018 produced an average of 86 percent of its on-site electricity needs from its cogeneration system, with approximately two thirds of the electricity derived from the renewable biogas produced on site and one third from natural gas. In addition, heat from the engines is captured and May 7, 2019 Item #5 Page 26 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 6 provides heat for the digesters and a portion of the plant's hot water needs, which further offsets energy demands from the SDG&E system. B. Public Utilities {P-U) Zone (C.M.C. Chapter 21.36) Pursuant to the Public Utility (P-U) Zone regulations, the proposed project requires the approval of a Precise Development Plan (PDP) Amendment, a legislative action. The P-U Zone regulations provide that a PDP Amendment be processed in the same manner as a zone change and be approved by the City Council. The purpose of the P-U Zone are: 1) to ensure compatibility of the development with the General Plan and surrounding developments; 2) to ensure that due regard is given to environmental factors; and 3) to provide for public improvements and other conditions of approval necessitated by the development. The P-U zone recognizes the unique nature of most public utility uses and, thus, contains only two specific development standards (7,500 square-foot minimum lot area and 50% maximum lot coverage). The zone provides that all other development restrictions shall be as determined necessary and consistent with the P-U Chapter, the General Plan and any other applicable specific plan. These potential conditions include, but would not be limited to: setbacks, height, fences and walls, parking; etc. Staff has reviewed the proposed project design for compliance with specific code requirements, compatibility with surrounding uses and reasonableness. The proposed modernizations are necessary to provide adequate performance and operations related to the operation of the wastewater treatment facility . Furthermore, the proposed project satisfies the lot size requirement and the maximum lot coverage limit for the P-U zone as demonstrated in Table C below. The proposed grit and screenings annex is 35 feet tall, well below the maximum height of 53 feet allowed on site . No proposed structures are located within any setbacks and the project includes an additional 21 parking spaces for employees. TABLE C-P-U ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ ALLOWED EXISTING/PROPOSED Front Yard Setback Per Council approval* 24'-3" {Operations Building) No change with proposed project. Side Yard Setback Per Council approval* 20' (closest existing structure on the north side) 90' (closest structure on the south side) No change with proposed project. Rear Yard Setback Per Council approval* Approximately 20' (existing structures) No change with proposed project. Max Building Height Per Council approval* 53' (Dried product loading station) The maximum height of the grit and screenings annex is 35'. May 7, 2019 Item #5 Page 27 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 7 Lot Coverage 50% The existing lot coverage is 33 .1%. The project will add an additional .4% to the overall lot coverage for a total of 33.5%. Parking 123 127 / 21 = 148 *Established by Precise Development Plan (PDP l[H]) C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (C.M.C. Chapter 21.201) and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The project site is located within the Mello II Segment of the Local Coastal Program and is appealable to the California Coastal Commission per Section 30603(a)(S) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or major energy facility costing $100,000 or more is appealable to the Commission. The site is also located within and subject to the Coastal Resource Protection Overlay Zone . The project's compliance with each of these programs and ordinances is discussed below: L Mello II Segment of the Certified Local Coastal Program and all applicable policies. The project is in the Mello II Local Coastal Program Segment. The policies of the Mello II segment of the Coastal Zone emphasize preservation of prime agriculture and scenic resources, protection of environmentally sensitive lands, provision of shoreline access and prevention of geologic instability and erosion. The site of the proposed project does not and has not in recent history supported agricultural uses and has not been designated as protected agricultural land, nor are there any sensitive resources located on the developable portion ofthe site. The wastewater treatment facility is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the public utility designated site is not suited for water-oriented recreation activities. The project will not interfere with the public's right to physical access to the sea. The proposed project is consistent with the land use policies and requirements of the Mello II segment. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property is mostly flat with surrounding perimeter slopes and does not have native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. E. Growth Management The proposed site is located within Local Facilities Management Plan Zone 3 in the southwest quadrant of the city. The project improvements will help to mitigate odor by containing them inside the annex and increase the level of service for critical treatment facilities and will not result in increased public facilities demands and therefore, the project would not exceed performance standards for public facilities. May 7, 2019 Item #5 Page 28 of 67 AMEND 2018-0007 / AMEND 2018-0008 (DEV2018-0173)-ENCINA WATER POLLUTION CONTROL FACILITY April 3, 2019 Pa e 8 IV. ENVIRONMENTAL REVIEW An Initial Study (IS), dated August 2018 by Woodard & Cu ran for EWA, was submitted to the Planning Division with the application submittal. The IS determined that the project would not have a significant impact on the environment. After reviewing the IS the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it . is ·therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301 - Existing Facilities. A Notice of Exemption will be filed with the County Clerk upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7327 (AMEND 2018-0007) 2. Planning Commission Resolution No . 7328 (AMEND 2018-0008) 3. Location Map 4 . Disclosure Form 5. Memorandum from Woodard & Curran dated March 27, 2019 6. Reduced Exhibits 7. Exhibits "A" -"KK" dated April 3, 2019 May 7, 2019 Item #5 Page 29 of 67 > ..... ~ WOODARD &CURRAN COMMITMENT & INTEGRITY DRIVE RESULTS MEMORANDUM 10509 Vista Sorrento Pkwy Ste 205 San Diego, CA 92121 www.woodardcurran .com TO: FROM : Pam Drew, Associate Planner, City of Carlsbad Planning Division Encina Wastewater Authority DATE: March 27 , 2019 T 800.426.4262 T 858.8 75.7400 F 858.875.7401 RE: Additional Information for the City of Carlsbad Planning Commission Staff Report for Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) On September 24 , 2018, Encina Wastewater Authority (EWA) submitted to the City of Carlsbad Land Use Permits for the Encina Water Pollution Control Facility Primary Treatment Area Improvements project (the Project). The Project contains three components: (1) replacement of screening and grit handling equipment within the Screenings Building , including construction of an annex to the Screenings Building and addition of isolation gates at the grit chambers ; (2) repair, rehabilitation, and replacement of aging infrastructure throughout the preliminary and primary treatment areas , including concrete and concrete linings/coatings , finger baffles and launder trough supports in the primary sedimentation basins; and (3) construction of a new employee parking area to the east of the administration building. The permits consisted of an Amendment to Planned Development Permit (PDP 01) and an Amendment to Coastal Development Permit (CDP 04-19), application numbers AMEND 2018-0007/Amend 2018-0008 (DEV 2018-0173). On October 25 , 2018, the City of Carlsbad provided two lists in response . The first list was information required to complete the application. The second list was project issues of concern to City staff. On April 3, 2019 the City Planning Commission will evaluate whether to adopt the resolution approving the project , based on findings and subject to conditions identified in the Staff Report. This letter provides additional information pertaining to the conditions of approval recommended by City staff, requested by EWA to be appended to the Staff Report . Issue 1: Energy Efficiency (CS-347, Section 3) Applicant shall comply with all applicable energy efficiency requirements for nonresidential construction as contained in City of Carlsbad Ordinance No . CS-347, Section 3. The ordinance adopts and amends , as mandatory requirements , certain Green Building Standards Code Voluntary Tier 1 energy efficiency measures contained in Division Appendix A5 of said code: Sections A5.201 (General), A5.202 (Definitions), Subsections AS.203 .1.1 (Tier 1) through AS.203.1 .2.1 Tier 1, and Sections A5 .211 through A5.213. Prior to issuance of a grading permit by the City, Developer shall submit evidence to the satisfaction of the City Planner that final construction plans and bid documents include design and specifications to comply with the energy efficiency requirements referenced herein. Issue 2: Photovoltaic System (CS-347, Section 6) Applicant shall install a minimum 5 kilowatt (kWdc) photovoltaic system as specified in City of Carlsbad Ordinance No. CS-347, Section 6. Alternatively, install a photovoltaic system that will offset 80 percent of the screening building 's time-dependent valuation (TDV) energy use on an annual basis. Prior to issuance of a grading permit by the City, Developer shall submit evidence to the satisfaction of the City Planner that final construction plans and bid documents include the design and specifications for said required photovoltaic system. Exhibit 6 May 7, 2019 Item #5 Page 30 of 67 ~ ..... ~ WOODARD &CURRAN The Encina Wastewater Authority (EWA) cogeneration system has been nationally recognized for its scale and proportion of on site power generation. In fact, EWA is ranked as a "Top 30 Onsite Generator of Green Power." EWA ranked 24 th on a list that includes prestigious companies such as Apple Inc., Walmart and General Motors. The existing EWA cogeneration system has four 750 kilowatt (kW) Catepillar Engines that are used for on-site power generation. Each of the four engines is equipped to run on either biogas or natural gas. Operation of the cogeneration engines to generate electricity is restricted due to the Air Pollution Control District (APCD) permit that limits carbon monoxide emissions to 100 tons per year . Typical operation is to fuel two (2) of the engines on biog as collected from the plant's anaerobic digesters, with a third engine fueled on natural gas during utility peak power demand periods. In 2018 EWA produced an average of 86 percent of its on-site electricity needs from their cogeneration system, with approximately two thirds of the electricity derived from the renewable biogas and one third from natural gas . In addition , heat from the engines is captured and provides heat for the digesters and a portion of the plant's hot water needs further offsetting energy demands from the SDG&E system . Other wastewater treatment plants that do not have on-site biogas cogeneration systems must dispose of the gas bi product through flare-off, which generally results in emissions of greenhouse gases without the benefit of providing on-site electricity and heat. In addition to wastewater sludge, the plant's anaerobic digesters accept organic biproducts from other food processors, such as breweries, restaurants and other establishments that use grease traps. This helps to keep organic products out of landfills where they would result in emissions of greenhouse gases and turns these into renewable biogas that is beneficially used onsite. Most nonresidential land uses within the City of Carlsbad rely on SDG&E for electric and natural gas. The Encina Water Pollution Control Facility (EWPCF) is unique in that it already meets most of its own daily energy needs through power generated onsite. Although the proposed project would not provide a photovoltaic system or certain Green Building Standards Code Voluntary Tier 1 energy efficiency measures, the existing EWA cogeneration system meets the requirements of CS-347, Section$ 3 and 6 in an alternative way: it produces on-site renewable energy from biogas collected from the plant's anaerobic digesters to produce 86 percent of its on-site electricity needs. Finally, the existing EWA cogeneration system is in-line with statewide goals to reduce California's greenhouse gas emissions. For example, the California's 2017 Climate Change Scoping Plan: The strategy for achieving California 's 2030 greenhouse gas target, published by the California Air Resources Board in December 2017 cites investment in anerobic digestion as a strategy for putting waste resources to beneficial use. Senate Bill 1383 adopts regulations to use methane from wastewater treatment plants as a source of renewable gas to generate electricity. The table below provides a more detailed point-by-point response to each of the conditions of approval related to Issue 1 (Energy Efficiency) and Issue 2 (Photovoltaic System). Requirement CA Green Building Standards Code Subsection A5 .203.1.1.1 . Outdoor lighting. Newly installed outdoor lighting power shall be no greater than 90 percent of the Allowed Outdoor Lighting Power. Encina Wastewater Authority (project #0011175) Response to City Conditions -Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) Response The Allowed Outdoor Lighting Power was calculated in accordance with Title 24, Part 6, Section 140.7 "Requirements for Outdoor Lighting" and Title 24 , Part 6, Section 10-114 "Determination of Outdoor Lighting Zones and Administrative Rules for Use." 2 Woodard & Curran March 27, 2019 May 7, 2019 Item #5 Page 31 of 67 ~ ...... ~ WOODARD &CURRAN CA Green Building Standards Code Subsection A5.203.1.2.1. Performance Standard. For building projects that include indoor lighting and mechanical systems: Have an Energy Budget that is no greater than 90 percent of the Title 24, Part 6 Energy Budget for the Standard Design Building as calculated by compliance software certified by the Energy Commission. Section A5.211.1 On-site renewable energy. Section A5.211.3 Green Power. Section A5.212.1. Elevators and escalators. Section A5.213.1 Steel framing. Design steel framing for maximum energy efficiency. Techniques for avoiding thermal bridging in the envelope include : 1. Exterior rigid insulation; 2. Punching large holes in the stud web without affecting the structural integrity of the stud ; Encina Wastewater Authority (project #0011175) Response to City Conditions -Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) The general hardscape of the new parking lot site is approximately 5,300 sq ft. The Area Wattage Allowance is 0.090 Watts/sq. ft. (Lighting Zone 3) Therefore, the Allowed Outdoor Lighting Power is 477 W (the general hardscape multiplied by the area wattage allowance). The project proposes to replace one (1) existing outdoor light pole and luminaire with four (4) 120-volt, 80 LED pole light, (80 W). This will provide a total of 320 W equivalent of lighting, which is less than 90 percent of the Allowed Outdoor Lighting Power (i.e., less than 430 W). The cogeneration system provides onsite renewable energy from biogas and natural gas for 86% of the plant's electricity needs. The cogeneration system provides onsite renewable energy from biog as for 67% of the plant's electricity needs. The cogeneration system provides onsite renewable energy from biogas and natural gas for 86% of the plant's electricity needs. The project does not propose elevators or escalators. Not applicable. The cogeneration system provides onsite renewable energy from biog as for 86% of the plant's electricity needs . 3 Woodard & Curran March 27, 2019 May 7, 2019 Item #5 Page 32 of 67 ~ ...... ~ WOODARD &CURRAN 3. Spacing the studs as far as possible while maintaining the structural integrity of the structure; and 4 . Detained design of intersections of wall openings and building intersections of floors, walls and roofs. Install a photovoltaic system that will offset 80 The cogeneration system provides onsite percent of the screening building 's time-renewable energy from biogas and natural gas dependent valuation (TDV) energy use on an for 86% of the plant's electric ity needs annual basis Issue 3: Electric Vehicl e (C S-349) Applicant shall install electric vehicle service equipment (EVSE) infrastructure for a minimum of two of the total parking spaces in the proposed parking lot, in accordance with City of Carlsbad Ordinance No . CS-349. At least one of the electric vehicle charging spaces (EV space) shall be 11EVSE Installed " as defined in Ordinance No. CS-349, Section 4. The second required EV space shall be 11EVSE Capable ", 11EVSE Ready ", or 11EVSE Installed " as defined in the ordinance . Prior to issuance of a grading permit by the City, Developer shall submit evidence to the satisfaction of the City Planner that final construction plans and bid documents include the design and specifications for construction of the required EV spaces. Provision of electric vehicle charging spaces would be cost prohibitive at the EWPCF site . The EWPCF runs on a high -voltage power supply , which would prevent EV charging stations from being installed upstream of the existing SDG&E meter as required by EVSE service providers . If the EV charging stations were to be installed downstream of the SDG&E meter, the cost to EWA would be in the range of $100 ,000 to $200 ,000 , which would be funded by EWA member agencies and ultimately their rate payers. Section 5.106 .5.3.3 of Ordinance No. CS-349 allows for an exemption on a case by case basis based on one or more of the following conditions: 1. Where there is insufficient electrical supply . 2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements , directly related to the implementation of Section 5.106 .5.3 , may adversely impact the construction cost of the project. The City of Carlsbad utilizes ChargePoint stations at each of its EV charging station sites. According to a quote obtained by Woodard & Curran from ChargePoint on March 27, 2019 , the cost of install ing EV chargers at the EWPCF site would be $2,400/year if EWA were to have ChargePoint manage the stations, or an upfront cost of $8 ,000 to $12 ,000 to purchase a dual station outright. These estimates do not include an additional cost of running an electrical conduit to the site. ChargePoint would require a 40AMP/240V dedicated breaker for the EV charging system to tie in to. At this point, it is unclear if a suitable breaker exists on the plant site. This speaks to the insufficiency of the electrical supply. At the EWPCF facility SDG&E grid power is supplied to the plant at high voltage (12KVA) at a single location that is located approximately 1,000 feet away from the parking facilities included in the PDP amendment. As mentioned above the cost to install a connection ahead of the SDG&E meter would be considered cost prohibitive for the benefit that would be received by EWA. Encina Wastewater Authority (project #0011175) Response to City Conditions -Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) 4 Woodard & Curran March 27 , 2019 May 7, 2019 Item #5 Page 33 of 67 ~ ....... ~ WOODARD &CURRAN Additionally, as a public utility EWA is prohibited from using public funds for private benefit. EWA would not be able to re-coup the costs of constructing the EV stations at its site because, Ultimately, the EV chargers at its site would be used to charge privately-owned vehicles owned by employees. Issue 4: Transportation Demand Management Prior to the issuance of a grading permit, the developer shall provide a Transportation Demand Management Plan to the satisfaction of the city engineer. The City of Carlsbad Transportation Demand Management ordinance establishes policies and guidelines for transportation demand management in the City of Carlsbad that support the Climate Action Plan. The purpose of the ordinance is to reduce the number of Carlsbad employees driving alone to and from work and increase alternative commuting options like transit, biking, carpool and vanpool , to meet 2035 greenhouse gas reduction targets. All new nonresidential development projects where the employees generate a minimum of 110 average daily trips are subject to the ordinance. The Transportation Demand Management ordinance takes effect on April 11, 2019. Projects that meet the ordinance criteria and have not applied for a building permit by the effectiveness date will be subject to its requirements. Currently , the EWPCF employs 70 people. At most, there are approximately 53 employees who commute to the site on any given day. Of those employees, at least one takes public transportation and one commutes by electric vehicle . The proposed project would not add additional trips or vehicle miles travelled beyond what currently exists. Currently, the EWPCF has implemented the following measures which reduce vehicle miles travelled: • Provides shower facilities and lockers to employees. • Many employees (approximately 9) work in shifts that are off-peak from typical heavy commute hours due to the fact that the EWPCF is manned 24/7. • The EWPCF is located half of a mile north of the Poinsettia COASTER Station, which provides regional public transportation connections to San Diego, Oceanside, Vista, and Escondido (via the SPRINTER). The City has prepared a handbook that includes tips and tools to help businesses develop their Transportation Demand Management plans. At the time of the application for a grading permit, EWA will prepare a Transportation Demand Management Plan in accordance with the City 's handbook , tips, and tools . · Encina Wastewater Authority (project #0011175) Response to City Conditions -Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) 5 Woodard & Curran March 27, 2019 May 7, 2019 Item #5 Page 34 of 67 ~ ~~ WOODARD &CURRA N References: 1. City of Carlsbad. Transportation Demand Management Ordinance information website. Accessed on March 25, 2019 at: http ://www.carlsbadca .gov/services/depts/pw /en vi ronmenUcap/transport .asp 2. Title 24 Building Energy Efficiency Standards. Accessed March 25 , 2019 at: https ://energycodeace .com/site /custom /publ ic/refe rence-ace- 2013/i ndex . htm I#! Documents /sect ion 1407 reg ui rementsforoutdoorliqhti ng . htm and https://energycodeace .com/site/custom/publ ic/reference-ace- 2013/index .html#!Documents/10114determinat ionofoutdoorlig htinqzonesandadministrativeru le sfo .htm 3. North County Transit District. System maps . Accessed March 25, 2019 at: http://www.gonctd .com/ 4. Plug-In San Diego. Plug-In San Diego FAQS . Accessed March 26 , 2019 at: https :Ilene rgycenter .orq/pl ug i nsd/f ag . 5. Envision Solar International , Inc . Electronic communication with Woodard & Curran. March 26, 2019 . 6. ChargePoint. Electronic communication with Woodard & Curran. March 27 , 2019. Encina Wastewater Authority (project #0011175) Response to City Conditions -Amend 2018-0007 (PDP 1) & Amend 2018-0008 (CDP 04-19) 6 Woodard & Curran March 27 , 2019 May 7, 2019 Item #5 Page 35 of 67 Wednesday, April 3, 2019 CALL TO ORDER: Chair Luna called the Regular Meeting to order at 6:00 p.m. ROLL CALL: Chair Luna, Commissioners Anderson, Geldner, Lafferty, Meenes, Merz, and Stine STAFF PRESENT: Assistant City Attorney Kemp, City Planner Neu, Senior Planner Goff, Associate Planner Garcia, Associate Planner Drew, Engineering Manager Geldert, Associate Engineer Chua and Administrative Secretary Flores PLEDGE OF ALLEGIANCE: Commissioner Merz led the Pledge of Allegiance Chair Luna directed everyone’s attention to the slide on the screen to review the procedures the Commission would be following for that evening’s public hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: Chair Luna asked if there were any requests from the public to speak on items not listed on the agenda. Seeing none, she opened the public hearing. PLANNING COMMISSION PUBLIC HEARING: Chair Luna opened the public hearing for Item 1. 1.CDP 2018-0020/V 2018-0013/NCP 18-0005 (DEV2018-0036) – BUCCOLA ADDITION - Request for approval of a Coastal Development Permit, Minor Variance and Nonconforming Construction Permit to 1) allow for a 3,325-square-foot one- and two-story addition to an existing 3,499-square-foot one-story single-family home with basement; and 2) allow for a reduced front yard setback from 20 feet to 10 feet on property located at 5031 Tierra Del Oro within the Mello II segment of the city’s Local Coastal Program and Local Facilities Management Zone 3. The project site is within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15301(e)(2) - Existing Facilities; and Section 15305(a) - Minor Alterations in Land Use Limitations of the state CEQA Guidelines. City Planner Neu introduced Agenda Item 1 and stated Senior Planner Goff would make the staff presentation (on file in the Planning Division). STAFF PRESENTATION: Senior Planner Goff gave the presentation. Chair Luna asked if there were additional questions of staff. Commissioner Lafferty asked for further information on the property almost doubling in size. Exhibit 7 May 7, 2019 Item #5 Page 36 of 67 Senior Planner Goff stated the non-conforming construction ordinance was expanded awhile back and as long as the setbacks are met, the amount a property can expand is not limited. Commissioner Lafferty asked if the size of the expansion will increase facility demand. Senior Planner Goff stated no, it does not. Commissioner Lafferty asked if fire sprinklers would be required due to the size of the expansion. Senior Planner Goff stated he does not have the answer to that question. He stated the City Building Official would make that determination, however the building would have to meet all California building codes. Commissioner Lafferty asked how the property design is consistent with the neighborhood. Senior Planner Goff stated the general design is compatible with the surrounding neighborhood. Commissioner Geldner asked if there was a geotechnical study conducted since the building will become heavier with the addition. Senior Planner Goff stated there was a study done in relation to the property and the bluff. He stated the report came back stating the addition will not have a significant geotechnical impact to the bluff. Chair Luna asked if the applicant would like to make a presentation. APPLICANT PRESENTATION: James Chinn, Architect, Del Mar CA, made a presentation and stated he would be available to answer questions. Commissioner Geldner asked how storm water will be handled on the site. Mr. Chinn stated the storm water will come through the landscaped areas and percolate through the ground. Commissioner Lafferty stated her concern that because this is an addition the project will most likely not be required to install sprinklers. Mr. Chinn stated if sprinklers are required they will install them. City Planner Neu stated if the project is approved, the next step for the applicant would be a plan check review by the Fire Prevention and Building departments to determine if sprinklers will be required. Assistant City Attorney Kemp stated the Planning Commission does not determine if sprinklers are required that will happen in the building and plan check area. Chair Luna asked if there were additional questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project. Seeing none, she opened and closed public testimony. MOTION: May 7, 2019 Item #5 Page 37 of 67 ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7325 APPROVING Coastal Development Permit 2018- 0020, Minor Variance V 2018-0013, and Nonconforming Construction Permit NCP 18-0005, based upon the findings and subject to the conditions contained therein. VOTE: 6-1 AYES: Chair Luna, Commissioners Anderson, Geldner, Meenes, Merz, and Stine NOES: Commissioner Lafferty Chair Luna closed the public hearing on Agenda Item 1. Chair Luna opened the public hearing on Agenda Item 2. 2. CT 2017-0006/SDP 2018-0013 (DEV2017-0213) – ROOSEVELT TOWNHOMES – Request for a recommendation of approval of a Tentative Tract Map and Site Development Plan to construct a five-unit, residential air-space condominium project on a 0.22-acre site located at 2569 Roosevelt Street in the Village General (VG) District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In- fill Development Projects) of the State CEQA guidelines. City Planner Neu introduced Agenda Item 2 and stated Associate Planner Garcia would make a staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Stine recused himself due to a conflict of interest. Commissioner Lafferty stated she drove by the site. Commissioner Merz stated he drove by the site. Commissioner Meenes stated he drove by the site. Chair Luna stated she drove by the site. STAFF PRESENTATION: Associate Planner Garcia gave the presentation. Commissioner Meenes asked why one of the buildings is a duplex and the others are stand alone. Associate Planner Garcia stated the original design came in as standalone units however the space between the units were very small providing little usable yard. He stated it was recommended by staff to attach at least two of the units to create usable yards between the structures at ground level. Commissioner Anderson asked where the trash receptacles would be stored. May 7, 2019 Item #5 Page 38 of 67 Associate Planner Garcia stated storage is located within the exclusive use area. Commissioner Lafferty asked for an explanation on the in-lieu fee for the inclusionary housing. Associate Planner Garcia stated the City’s requirement for projects under seven units, this one is five, qualifies for the in-lieu housing fee which is currently $4515 per unit for four units. He stated they get credit for the existing single-family home on site unless they do not build the project within two years of demolishing that home. Commissioner Lafferty stated that seems to be a low fee to be exempt from creating inclusionary housing. She stated the area is situated near transit and has there been any discussion about bicycle storage on the site. Associate Planner Garcia stated bike storage is currently not a code requirement, however each two-car attached garage will have adequate storage inside or in the front entry on the ground level. City Planner Neu stated the way the in-lieu fee is currently set up it is to allow smaller projects to have a reduced impact to their finances by complying with the inclusionary ordinance. He stated City Council has asked housing staff to review the fee since it is quite dated. Commissioner Lafferty stated her concern is that the area is readily accessible to transit and would like to see inclusionary units in the area. Commissioner Geldner asked if the project was submitted under the new village and barrio master plan. Associate Planner Garcia stated the project was submitted under the old village and barrio master plan, however, the new master plan was approved during project review. Therefore, the project was reanalyzed to ensure it was consistent with the new master plan. Commissioner Anderson asked if the project was at the highest possible density for the site. Associate Planner Garcia stated yes, the site allows for a minimum of four units and a maximum of five. He stated the project is five units. APPLICANT PRESENTATION: Scott Frontis, Architect, San Diego CA, made the presentation and stated he would be available to answer questions. Chair Luna asked if there were questions for the applicant. Commissioner Anderson stated the design is very nice. Commissioner Lafferty stated the design is well articulated. Chair Luna asked if there were additional questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project. Seeing none, she opened and closed public testimony. MOTION: May 7, 2019 Item #5 Page 39 of 67 ACTION: Motion by Commissioner Meenes and duly seconded by Commissioner Merz to Adopt Planning Commission Resolution No. 7326 RECOMMENDING APPROVAL of Tentative Tract Map CT 2017-0006 and Site Development Plan SDP 2018-0013, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chair Luna, Commissioners Anderson, Geldner, Meenes, Merz, and Lafferty NOES: None ABSTAIN: Commissioner Stine Chair Luna closed the public hearing on Agenda Item 2. Chair Luna opened the public hearing on Agenda Item 3. 3. AMEND 2018-0007/AMEND 2018-0008 (DEV2018-173) – ENCINA WATER POLLUTION CONTROL FACILITY - Request for a recommendation of approval of a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the: 1) construction of a new grit and screenings annex including applicable equipment; 2) repair, rehabilitation and replacement of existing aging infrastructure through the preliminary and primary areas; 3) construction of 21 new parking spaces to the east of the existing administration building; and 4) construction of a waste hauling truck turn-around area, all within the Mello II Segment of the city’s Local Coastal Program and located at 6200 Avenida Encinas within Local Facilities Management Zone 3. The project is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or major energy facility costing $100,000 or more is appealable to the Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities). City Planner Neu introduced Agenda Item 3 and stated Associate Planner Drew would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Stine stated he drove by the site. Commissioner Lafferty stated she went by the site. Commissioner Meenes stated he drove by the site. Commissioner Geldner recused herself due to a conflict of interest. STAFF PRESENTATION: Associate Planner Drew gave the presentation. Chair Luna asked if there were additional questions of staff. May 7, 2019 Item #5 Page 40 of 67 Commissioner Stine asked if after the project is complete, will staff of Encina Wastewater be better protected from exposure to odors. Associate Planner Drew stated yes, that is her understanding. Commissioner Meenes asked what the current parking is on site. Associate Planner Drew stated the parking is spread out around the building. She deferred to the plant manager for a better explanation. Commissioner Meenes asked if there was a noise study done. Associate Planner Drew stated there was not a noise study done, there was an environmental study done. She stated the equipment is housed inside the building and no additional noise pollution would occur. Commissioner Anderson asked about the electrical vehicle charging station requirement. She stated that the plant is already highly energy efficient and that she feels they are being penalized. She asked if there is an alternative to the electric vehicle charging station such as solar panels due to the estimated cost of the charging station. Associate Planner Drew stated the ordinances that were recently approved by city council are in effect. She stated there were other energy efficiency conditions that were removed due to the current energy efficiency of the plant. She stated the Transportation Management Plan was kept on and the charging stations are required. She stated that is not necessarily related to energy efficiency but to the City’s Climate Action Plan ordinance. Commissioner Anderson asked if there was any leeway since the applicant is a public utility. Associate Planner Drew stated that each development is treated the same. She stated staff is working with the applicant to determine what their options are such as the charging station being placed in an adjacent property where employees or visitors could have access to use it. She stated that if it is determined that it is infeasible, then they do not have to install the charging stations however, the applicant has not had time to research the installation of the charging station. Assistant City Attorney Kemp stated they would be required by State EV Codes and that the City’s ordinance is an enhancement of State codes. Commissioner Anderson asked if the city could cut back the requirement for the stations to be EV ready and not install them. Assistant City Attorney kemp stated that the Planning Commission does not have that authority because it is an ordinance that was passed by the City Council. Commissioner Merz asked how the feasibility of cost on the EV requirement is made. Assistant City Attorney kemp stated the State code doesn’t define how feasibility is determined. He stated we will have to look at that on a case by case basis. Commissioner Lafferty asked what other municipalities or jurisdictions are reviewing the project. Associate Planner Drew stated she was not sure. She deferred to the applicant. May 7, 2019 Item #5 Page 41 of 67 Assistant City Attorney Kemp stated the ordinance contains two conditions related to infeasibility. He stated one would be insufficient electrical supply and the second is where there is evidence suitable to the local enforcing agency substantiating the additional local utility infrastructure design requirements directly related to the implementation may adversely impact the construction cost of the project. Chair Luna asked if there were any additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. APPLICANT PRESENTATION: Scott McLellan, Managing Director of Encina Wastewater Authority, Carlsbad CA, made the presentation and stated he would be available to answer questions. Chair Luna asked if there were additional questions for the applicant. Commissioner Stine asked if any other member agency cities have reviewed the project through their planning commission. Mr. McLellan stated the project does not go directly to those governing bodies. He stated it only comes to Carlsbad since they are the host city when it comes to land use. Commissioner Lafferty asked if the plant generates its own power. Mr. McLellan states yes, approximately 86 percent of the power used by the plant is self-generated. Commissioner Meenes asked what has prompted the improvements to the facility. Mr. McLellan stated the project is a repair project and an upgrade to the equipment on the site. Commissioner Meenes asked how they determined the project will take two years to complete. Mr. McLellan stated the project timeline was designed to allow the plant to continue functioning while the work is being done. Chair Luna asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project. Seeing none, she opened and closed public testimony. MOTION: ACTION: Motion by Commissioner Stine and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7327 and 7328 RECCOMMENDING APPROVAL of Precise Development Plan Amendment AMEND 2018-0007 and Coastal Development Permit Amendment AMEND 2018-0008, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chair Luna, Commissioners Anderson, Meenes, Merz, Lafferty and Stine NOES: None ABSTAIN: Commissioner Geldner May 7, 2019 Item #5 Page 42 of 67 Chair Luna closed the public hearing on Agenda Item 3. A five-minute recess was called. Meeting called back to order at 7:26 p.m. 4. DISCUSSION OF RESIDENTIAL DESIGN STANDARDS: City Planner Neu made a staff presentation on residential design standards (on file in the Planning Department). PLANNING COMMISSION DISCUSSION: Commissioner Anderson stated she would like to craft a specific plan for residential design standards. She stated she would like to see the standards that address all four sides of a building, or four-sided articulation. She stated she is in favor of creating objective guidelines. Commissioner Stine asked if there are applicants or developers who are not clear on current standards or is it an issue for staff. City Planner Neu stated it has been a mix. He stated some applicants like freedom in their design and others like to have specific standards laid out with expectations they will get a positive response on their design. He stated from the perspective of staff, having a clear set of standards is helpful. Commissioner Geldner stated having specific design guidelines would be beneficial in the larger density projects to get a good-looking project. She stated the presentation given by the City of Livermore broke design standards down by building type and focused on the new building being in context with the existing ones. Commissioner Stine asked if the standards would mostly be geared towards new condominium and apartment developments. City Planner Neu stated yes, mostly towards apartments. He stated the city does not currently have specific design standards for apartments. Commissioner Stine asked if a consultant would need to be hired to accomplish this project. City Planner Neu stated yes, a consultant would need to be involved and does not currently have a specific cost. Commissioner Lafferty asked if any properties in Carlsbad were registered as historical sites. City Planner Neu stated he believes parts of Carrillo Ranch are nationally registered. Commissioner Lafferty stated that perhaps the City of Carlsbad can look at what community character looks like in relation to historical buildings. She suggested that design guidelines incorporate historical buildings. She suggested getting historical preservation involved or someone serving as a liaison between the Planning Commission and the Historical Preservation Commission. She stated her big concern is the height of new development. May 7, 2019 Item #5 Page 43 of 67 Commissioner Geldner stated many design guidelines she reviewed from other cities strongly encouraged certain standards, not required them. She stated this is really needed in the larger density projects. Commissioner Stine stated the city already has many master planned communities, design standards in the village and barrio area and he does not think the time and cost it would take to develop new design standards are currently justified. Chair Luna stated the commission should consider where funds would be best spent if they were to request them for any project. She stated there are many master plans that have design guidelines and if there is an issue with one then the commission can request to amend them. Commissioner Merz stated most master plans design standards are broken up geographically. He suggested having objective guidelines towards a product type, specifically multifamily residential, and not necessarily by geographical location. Commissioner Geldner suggested re-writing a portion of the city’s municipal code. Assistant City Attorney Kemp stated they could look at where in the code something could be changed and make a recommendation. He stated any changes would need to be approved by the Coastal Commission. Commissioner Anderson stated she would like the Planning Commission to make a recommendation to the City Council for the commission to explore developing Citywide design standards. Commissioner Meenes stated he would like the commission to wait on making a recommendation until a work plan for the Planning Commission is developed. Commissioner Stine stated he would like the commission to wait as well until the work plan is developed. Commissioner Geldner asked when the workplan would come to the Planning Commission. City Planner Neu stated the proposal would come to the Planning Commission between June and July. MOTION: ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Lafferty to make a recommendation to the City Council that the Planning Commission create residential design standards. VOTE: 2-5 AYES: Commissioners Anderson and Lafferty NOES: Chair Luna, Commissioners Geldner, Meenes, Merz and Stine MOTION: ACTION: Motion by Commissioner Meenes and duly seconded by Commissioner Stine to table the recommendation to the City Council, request that City Planner Neu look at the most time efficient way to add or create residential design guidelines, request that City Planner Neu consider the item as part of the work plan and that the Planning Commission discuss the item at that time. May 7, 2019 Item #5 Page 44 of 67 VOTE: 6-1 AYES: Chair Luna, Commissioners Geldner, Meenes, Merz, Lafferty and Stine NOES: Commissioner Anderson PLANNING COMMISSION REPORTS: None CITY PLANNER REPORTS: City Planner Neu stated there was an appeal filed on the Romeria Pointe Apartments project that will go to City Council. CITY ATTORNEY REPORTS: None ADJOURNMENT: The Regular Meeting of the Planning Commission of April 3, 2019, was adjourned at 8:56 p.m. ____________________________ Don Neu - City Planner Melissa Flores – Minutes Clerk May 7, 2019 Item #5 Page 45 of 67 r--7 I AVERY 5760 : Easy Peel Address Labels : l~c qLJ ,d,._' ,u I,,,._ to'-. 1,,'>l 11 r,p up t (J<1L 1 Go to avery.corn/ternplates: U '-2..vL 1 ¥ T mpl 1tL : , () I OCCUPANT OCCUPANT OCCUPANT 6100 AVENIDA ENCINAS STE B 6102 AVENIDA ENCINAS STE A 6102 AVENIDA ENCINAS STE B Carlsbad, CA 92011-1052 Carlsbad, CA 92011-1005 Carlsbad, CA 92011-1005 OCCUPANT OCCUPANT OCCUPANT 6102 AVENIDA ENCINAS STE E 6102 AVENI DA ENCINAS STE K 6102 AVENIDA ENCINAS STE M Carlsbad, CA 92011-1005 Carlsbad, CA 92011-1005 Carlsbad, CA 92011-1005 OCCUPANT OCCUPANT OCCUPANT 6102 AVENIDA ENCINAS STE H 6102 AVENI DA ENCINAS STE I 6102 AVENIDA ENCINAS STE L Carlsbad, CA 92011-1005 Carlsbad, CA 92011-1005 Carlsbad, CA 92011-1005 OCCUPANT OCCUPANT OCCUPANT 6104 AVENI DA 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OCEANVIEW DR 6520 EASY ST 806 CAMINITO DEL REPOSO CARLSBAD CA 92011 CARLSBAD CA 92011 CARLSBAD CA 92011 GRUNNAN NORMANN L & THELMA J HERRINGTON N KEITH & ALICE M HOLGUIN FAMILY 6504 FRIENDLY PL 6610 EASY ST 6536 OCEANVIEW DR CARLSBAD CA 92011 I CARLSBAD CA 92011 CARLSBAD CA 92011 HUNTER WILLIAM M FAMILY J WM Ill TRUST 06-18-01 JACKSON SHARON K PO BOX 682882 12574 WOODGREEN ST 807 CAMINITO DEL REPOSO PARK CITY UT 84068 LOS ANGELES CA 90066 CARLSBAD CA 92011 JENSEN FAMILY JOHNSON MARILYN E KEENAN FAMILY 6534 EASY ST UNIT 67 6492 EASY ST 67110 GARBING RD CARLSBAD CA 92011 CARLSBAD CA 92011 CATHEDRAL CITY CA 92234 KENNEDY DORIS J KENNY JAMES F KOWALSKI FAMILY 814 CAMINITO DEL REPOSO 6523 EASY ST 7040 AVE ENCINAS UNIT 104-325 CARLSBAD CA 92011 CARLSBAD CA 92011 CARLSBAD CA 92011 LAYTON DELIA LEITCH BRUCE D LIM TAN FAMILY 803 CAMINITO DEL REPOSO 6491 FRIENDLY PL 806 CAMINITO DEL MAR CARLSBAD CA 92011-2404 CARLSBAD CA 92011 CARLSBAD CA 92011 LOKER FAMILY LOUGHRIN JAY R & YOLANDA LUISI NINA 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EASY ST LA COSTA BLVD CARLSBAD CA 92011 CARLSBAD CA 92011-1030 CARLSBAD CA 92008 NG WALTER CHENGCHE & DOROTHY NGUYEN HAC CAO NITTI GIOVANNA 7959 CAMINO GATO 8924 POLANCO ST 1951 W MOUNTAIN ST CARLSBAD CA 92009 SAN DIEGO CA 92129 GLENDALE CA 91201 NOLTON LINDA R 0 F 15 PASEO SUMMIT LLC OASTVALL KATHLEEN A E 801 CAMINITO DEL REPOSO 12625 HIGH BLUFF DR UNIT 315 2037 VISTA HERMOSA WAY CARLSBAD CA 92011-2404 SAN DIEGO CA 92130 EL CAJON CA 92019 ONEAL KENNETH & NANCY B FAMILY PADILLA PEGGY S PAGE FAMILY TRUST 10-27-89 201 W LEMON AVE 6517 EASY ST 6509 FRIENDLY PL MONROVIA CA 91016 CARLSBAD CA 92011 CARLSBAD CA 92011 PARKS DAVID & PAMELA FAMILY PATTON CHRIS PEARSON RAY & KAREN FAMILY 6527 EASY ST 3253 MOUNT TAMI DR 5166 WHITMAN WAY UNIT 306 CARLSBAD CA 92011 SAN DIEGO CA 92111-4634 CARLSBAD CA 92008 PINKARD CARLJ PINTO CAROLYN PLEICK LEONA E TRUST 09-27-04 6511 EASY ST 803 CAMINITO DEL MAR 6510 EASY ST CARLSBAD CA 92011 CARLSBAD CA 92011 CARLSBAD CA 92011 POPE LEE A ROBERTIS FAMILY 07-13-88 ROBERTIS ROBIN A 204 EASY PL 6618 OCEANVIEW DR 201 EASY PL CARLSBAD CA 92011 CARLSBAD CA 92011 CARLSBAD CA 92011 ROSS WILLIAM N RUBY CHARLES & SANDRA RUSH FELDT HARVEY L 6516 EASY ST PO BOX 805 6508 EASY ST CARLSBAD CA 92011 CARDIFF CA 92007 CARLSBAD CA 92011 RUSSELL BERNAL SALDIN FAMILY SHARP LIVING TRUST 12-20-98 6508 OCEANVIEW DR 22622 MORALIA DR 1775 ELEVADO RD CARLSBAD CA 92011 MORENO VALLEY CA 92557 VISTA CA 92084 SKEBER CYNTHIA & BUZBEE DOROTHY SMITH DOUGLAS II TRUST 11-20-09 SMITH FAMILYTRUST03-27-13 2609 EL RASTRO LN 1206 N COAST HWY UNIT 101 1515 HELENA LN CARLSBAD CA 92009 ENCINITAS CA 92024 REDLANDS CA 92373 I P'1t ,ivery corn; p'1tents I Etiquettes d'adresse Easy Peel : Allez a avery.ca/gabarits : May 7, 2019 Item #5 Page 50 of 67 ,-7 I AVERY 5160 : STANLEY O L & E L TRUST 03-17-93 6504 OCEANVIEW DR UNITT CARLSBAD CA 92011 STOCKTON FAMILY TRUST 12-27-94 30378 COPPER HILL CT REDLANDS CA 92373 TESI ROGER F & BORAS ERIKA 33 KINNEY ST PIERMONT NY 10968 TRAMUTOLA TRUST 10-12-11 25442 REMESA DR MISSION VIEJO CA 92691 UNDERHILL FAMILY 11135 N 140TH WAY SCOTTSDALE AZ 85259 WARD DICK 6506 EASY ST CARLSBAD CA 92011 WEBER FAMILY 15063 BINNEY ST HACIENDA HEIGHTS CA 91745 WIESINGER SHIRLEY M 6611 EASY ST CARLSBAD CA 92011 WOODWARD DAVID K & BEVERLY M 3413 CORVALLIS ST CARLSBAD CA 92010 I Pat a very corn/ patents I Easy Peel Address Labels : Go to zive,y.corn/ternplates: Gt:nd 1h119 1 1 t.: to'-, o '--, F\ 1J u1, Edi;_w 1 LA't\1 .. u;, fun11iltl Slb11 1 STECKLING DANA L & HILL MARILYN A STILLWELL VIVIAN E TRUST 04-28-11 6512 OCEANVIEW DR 6535 EASY ST CARLSBAD CA 92011 CARLSBAD CA 92011 STOVALL JANITA J TRUST 12-20-01 SWENSON DOUGLAS E & CAROL J 812 CAMINITO DEL REPOSO 2240 MIDLAND GROVE RD UNIT 303 CARLSBAD CA 92011 ST PAUL MN 55113 TOOHEY RICHARD M & MARYE FAMILY TOTH JOHN R & DOAR-TOTH SHARON 6610 OCEANVIEW DR 6518 OCEANVIEW DR CARLSBAD CA 92011 CARLSBAD CA 92011 TURNER JEFFREYS TUTT MELODIE Y 208 PARADISE COVE RD PO BOX 1210 MALIBU CA 90265 SOLANA BEACH CA 92075 VU TINH V & TRI T FAMILY WALLACE FAMILY 6534 OCEANVIEW DR 6536 EASY ST CARLSBAD CA 92011 CARLSBAD CA 92011 WARNER TRUST 01-13-95 WATSON TRUST B 09-17-92 6494 FRIENDLY PL 6702 DARYN DR CARLSBAD CA 92011 WEST HILLS CA 91307 WEITZ BETTY J WHITE TOMMY B 809 CAMINITO DEL REPOSO 6453 FRANCISCAN RD CARLSBAD CA 92011 CARLSBAD CA 92011 WILLIAMS WILLIAMS KAREN E & HUNT ELEANOR 3836 WHALER DR 804 CAMINITO DEL REPOSO LK HAVASU CTY AZ 86406 CARLSBAD CA 92011 ZANE FAMILY 6602 EASY ST CARLSBAD CA 92011 Etiquettes d'adresse Easy Peel : Allez a avery.ca/gabarits : May 7, 2019 Item #5 Page 51 of 67 TO: DATE OF PUBLIC HEARING: SUBJECT: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING CITY CLERK 5/7/;9 DATE NOTICES MAILED TO PROPERTY OWNERS: _ ____,___.___._~~~---- NUMBER MAILED: / UJlP I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune ~ Coast News PUBLICATION DATE: Union Tribune -------------- CoastNews __ ~___,_,_/d=----Wc__/_l_._9_· _____ _ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: _y--L.....f/_,__/9--'-L--/-'---'/ 9 __ _ (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments May 7, 2019 Item #5 Page 52 of 67 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, May 7, 2019 to consider approving a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the: 1) construction of a new grit and screenings annex including applicable equipment; 2) repair, rehabilitation and replacement of existing aging infrastructure through the preliminary and primary areas; 3) construction of 21 new parking spaces to the east of the existing administration building; and 4) construction of a waste hauling truck turn-around area, all located at 6200 Avenida Encinas and more particularly described as: Property identified by Assessor's Parcel Numbers 214-010-9500, 211-030-0600 and 211-030- 0800 Whereas, on April 3, 2019 the City of Carlsbad Planning Commission voted 6-0-1 to recommend approval of a Precise Development Plan Amendment and a Coastal Development Permit Amendment to allow for the: 1) construction of a new grit and screenings annex including applicable equipment; 2) repair, rehabilitation and replacement of existing aging infrastructure through the preliminary and primary areas; 3) construction of 21 new parking spaces to the east of the existing administration building; and 4) construction of a waste hauling truck turn-around area, all within the Mello II Segment of the city's Local Coastal Program and located at 6200 Avenida Encinas within Local Facilities Management Zone 3. The project is appealable to the California Coastal Commission per Section 30603(a)(S) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project or major energy facility costing $100,000 or more is appealable to the Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, May 2, 2019. If you have any questions, please contact Pam Drew in the Planning Division at (760} 602-4644 or pam.drew@carlsbadca.gov. If you challenge the Precise Development Plan Amendment and Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: AMEND 2018-0007/AMEND 2018-0008 (DEV2018-173) ENCINA WATER POLLUTION CONTROL FACILITY FRIDAY, APRIL 26, 2019 CITY OF CARLSBAD CITY COUNCIL May 7, 2019 Item #5 Page 53 of 67 NOT TO SCALE SITE MAP Encina Water Pollution Control Facility Amend 2018-0007 I Amend 2018-0008 May 7, 2019 Item #5 Page 54 of 67 Pam Drew, Associate Planner May 7, 2019 Encina Water Pollution Control Facility May 7, 2019 Item #5 Page 55 of 67 May 7, 2019 Item #5 Page 56 of 67 Encina Wastewater Authority •Requesting approval of a Precise Development Plan Amendment (AMEND 2018-0007); and a Coastal Development Permit Amendment (AMEND 2018-0008) to improve the wastewater treatment process. May 7, 2019 Item #5 Page 57 of 67 Project Description •Grit and screenings annex •Infrastructure improvements •Waste hauling truck turn-around a re a •Employee parking lot May 7, 2019 Item #5 Page 58 of 67 May 7, 2019 Item #5 Page 59 of 67 Grit and Screenings Annex •Annex would be 1,400 square feet •Approximately 34 feet tall •Masonry walls with stucco finish •Reduce odors May 7, 2019 Item #5 Page 60 of 67 Existing Proposed May 7, 2019 Item #5 Page 61 of 67 Infrastructure Improvements •Rehabilitate and improve primary treatment area •Reduce abrasion and wear on mechanical equipment (acidic condensation) •Improve operability and reliability of equipment May 7, 2019 Item #5 Page 62 of 67 Waste Hauling Turn-Around Area •Accommodate waste hauling trucks and their turning radius •Partially paved and partially landscaped hillside •Maximum five-foot high retaining wall May 7, 2019 Item #5 Page 63 of 67 Parking Lot •Improve safety and access for EWA employees •Twenty-one parking spaces •Landscaped hillside •Maximum six-foot high retaining wall May 7, 2019 Item #5 Page 64 of 67 Construction Timeline •Two years to complete all aspects of the project •All work will be confined to the facility •No soil will be hauled off the site May 7, 2019 Item #5 Page 65 of 67 Project Consistency •Public Utilities (U) General Plan Land Use Designation •Public Utilities (P-U) Zone •Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (LCP) •Coastal Resource Protection Overlay Zone •Growth Management •California Environmental Quality Act (CEQA) May 7, 2019 Item #5 Page 66 of 67 Recommendation That the City Council (1) introduce an Ordinance adopting Precise Development Plan Amendment (AMEND 2018-0007); and (2) adopt a Resolution approving a Coastal Development Permit Amendment (AMEND 2018-0008) based upon the findings and subject to the conditions contained therein. May 7, 2019 Item #5 Page 67 of 67