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HomeMy WebLinkAbout2010-03-23; City Council; 20168; Issuance of Emergency Coastal Development PermitCITY OF CARLSBAD - AGENDA BILL 16 AB# MTG. DEPT. 20,168 03/23/10 CED ISSUANCE OF EMERGENCY COASTAL DEVELOPMENT PERMIT TO REPAIR STORM-RELATED DAMAGE TO CARLSBAD BOULEVARD DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER /, RECOMMENDED ACTION: Receive report. Pursuant to Municipal Code Section 21.201.190E, the Planning Director is providing this report to inform the City Council about the nature of the emergency and the work involved and the issuance of an emergency coastal development permit. No action is required unless one third of the City Council requests that the permit issued by the director not go into effect. In which case, an application for a regular coastal development permit would be processed in due course in accordance with the procedures set forth in Municipal Code Chapter 21.201. ITEM EXPLANATION: On February 2, 2010, during a routine inspection, City of Carlsbad staff determined that the roadway along Carlsbad Boulevard, south of the Encinas Creek Bridge had been compromised and the integrity of the roadway was at risk due to previous tidal action and severe storms which started around January 17, 2010. Additionally, staff discovered that portions of the California Department of Parks and Recreation's 6" sewer force main were exposed by the storm events, exacerbating the unsafe conditions of this area (see attached photos). Staff implemented protocols to ensure the safety of the motoring public, bicyclists, and pedestrians, and the City Manager declared a local emergency on February 5, 2010; the City Council has ratified and subsequently extended this declaration (see attached Resolution No. 2010-043). On March 17, 2010 the Planning Director issued an emergency coastal development permit (CDP 10-05) to install riprap to stabilize and protect the currently eroding southbound Carlsbad Boulevard roadway embankment, relocate a section of the California Department of Parks & Recreation's 6" sewer force main and sewer lift station, and protect the Encina Wastewater Authority's sewer outfall pipeline located under the area in which riprap is planned. City of Carlsbad Municipal Code Section 21.201.190(D)(1) authorizes the Planning Director to issue an emergency coastal development permit if the Director finds, in part, that, "An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit." The Planning Director has granted this emergency Coastal Development Permit to be valid through May 28, 2010. The timing of the emergency permit is intended to coincide with the scheduled reopening of southbound Carlsbad Boulevard to through traffic as required by the Coastal Development Permit (CDP 09-08) issued for the Encinas Creek Bridge Replacement project. DEPARTMENT CONTACT: Pam Drew, Associate Planner 760-602-4644 pam.drew@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MJNUJES DCouncil received tbe report. Page 2 The emergency permit covers work to be completed by the City of Carlsbad, California Department of Parks & Recreation, and Encina Wastewater Authority (as needed to protect their sewer outfall pipe). All work will occur landward (east) of the Mean High Tide Line (MHTL) and thus within the City of Carlsbad's Coastal Development Permit jurisdiction. Municipal Code Section 21.201.190(E) requires the Planning Director to report in writing to the Coastal Commission, through its Executive Director, and to the City Council at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. While noting this report is informational only, this section states "...that if at the meeting [at which the report is given], one-third of the City Council request, the permit issued by the director shall not go into effect and the application for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.201." Such a request by one-third (2) of the City Council would be counter to the City Council's declaration of a local emergency. Further, it would preclude processing the project expeditiously as is afforded by emergency permit provisions. The request may also delay environmental processing of the project as emergency projects are exempt from environmental review. Finally, the result of such request would also make it difficult to complete emergency repairs by May 28, 2010. FISCAL IMPACT: The City Council appropriated $100,000 from the Gas Tax Fund at the March 9, 2010 City Council meeting to complete design of the City's portion of the emergency project. The February 5, 2010 declaration initiated reviews by appropriate State agencies to determine if the damage incurred is eligible for reimbursement from either the State or Federal Government. If Federal-Aid Highway Emergency Relief or California Disaster Assistance is secured, the Gas Tax Fund expenditures will be reimbursed. At this time, though, such aid has not yet been secured. Table 1 below shows the estimated project cost for the Carlsbad Boulevard rip rap repairs. Presently, cost estimates are informational only and relate only to the City's protection of Carlsbad Boulevard. Estimates do not reflect any work necessary to replace or protect California Department of Parks & Recreation and Encina Wastewater Authority facilities. TABLE 1 ESTIMATED PROJECT COST FOR CARLSBAD BLVD. RIP RAP REPAIRS TASK DESCRIPTION Construction Construction Contingencies (25%) TOTAL ESTIMATED CONSTRUCTION COST Construction Inspection, Testing, and Administration (15%) Design (15%) ESTIMATED PROJECT BUDGET CURRENT PROJECT APPROPRIATIONS ESTIMATED ADDITIONAL APPROPRIATION ESTIMATED COSTS 441,000 110,000 $551,000 82,000 82,000 $715,000 $100,000 $615,000 City staff, the California Department of Parks & Recreation, and Encina Wastewater Authority are working to complete the design to protect Carlsbad Boulevard, relocate the sewer force Page 3 main and lift station, and protect the sewer outfall pipeline. Staff will update the cost estimates after completing the design and obtaining a cost proposal for the improvements from Bert W. Salas, the onsite Contractor for the Encinas Creek Bridge replacement project. Transportation Department staff will return to the City Council to request an appropriation of additional funds once the cost proposal has been obtained. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15269. EXHIBITS: 1. Photos of Storm Damage to the West of Southbound Carlsbad Boulevard 2. Emergency Coastal Development Permit Notice of Decision, dated March 17, 2010 3. Continuation of a Declaration of Local Emergency, dated March 9, 2010 (Resolution No. 2010-043). 3 v-H, *- ~»V ~'T">SK:•is*******'" -"V •' •^^foW** ,v^c^ "v- h>» 2. CITY OF CARLSBAD Planning Department www.carlsbadca.gov EMERGENCY COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION March 17, 2010 Jacob Moeder Brian Gaudet, PMCI Associate Engineer California State Parks City of Carlsbad San Diego Coast District/North Sector Transportation Division 2680 Carlsbad Boulevard 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad, CA. 92008 Jeff Leads Encina Wastewater Authority 6200 Avenida Encinas Carlsbad, CA 92011 SUBJECT: CDP 10-05 -CARLSBAD BOULEVARD ROADWAY & SEWER LINE REPAIRS - EMERGENCY PERMIT The Planning Director has completed a review of the application for an Emergency Coastal Development Permit to install riprap to stabilize and protect the currently eroding southbound Carlsbad Boulevard roadway embankment, relocate a section of the California Department of Parks & Recreation's 6" sewer force main and sewer lift station, and protect the Encina Wastewater Authority's sewer outfall pipeline located under the area in which riprap is planned. Emergency repairs, which would occur in an area south of the Encinas Creek bridge, are necessary as the area along Carlsbad Boulevard was undermined and exposed by severe storms which produced substantial rainfall, flooding and destructive tidal-surge wave action in this area. These events occurred on or about the same time as higher than normal tides produced by an astronomical high tide event. On February 2, 2010, during a routine inspection, City of Carlsbad staff determined that the roadway along Carlsbad Boulevard, south of the Encinas Creek Bridge had been compromised and the integrity of the roadway was at risk. Additionally, it was discovered that portions of the California Department of Parks & Recreation's 6" sewer force were exposed by the recent storm events, exacerbating the unsafe conditions of this area. Staff implemented protocols to ensure the safety of the motoring public, bicyclists, and pedestrians, and a local emergency was declared on February 5, 2010; this declaration has been subsequently extended by the City of Carlsbad City Council. The project description for the emergency permit follows. California Department of Parks & Recreation's 6" Sewer Force Main and Sewer Lift Station The California Department of Parks & Recreation's will relocate their sewer force main and sewer lift station from this area as part of this emergency CDP. If the California Department of Parks & Recreation is unable to relocate their sewer force main in a timely manner, the City will install a temporary sewer bypass line and remove this section of pipeline in order to install the 1635 Faraday Avenue, Carlsbad, CA 92008-7314 I (760) 602-4600 F (760) 602-8559 £ © CDP 10-05 -CARLSBAD BOULEVARD RIPRAP EXTENSION March 17, 2010 Page 2 riprap in this area. State Parks Department will relocate the remaining sewer force main and sewer lift station afterward. This will be determined in the field as work proceeds on both projects. The State has proposed to tie into the City's sewer force main to the south and east of the current location. Relocating this section of sewer force main will necessitate the removal of the sewer lift station that is located just to the south of the exposed line. The lift station will be demolished and a pre-fabricated lift station will be installed at the north end of the State campgrounds to the south of the project site. : Encina Wastewater Authority's Sewer Outfall Pipe Line The Encina Wastewater Authority's (EWA) outfall sewer line is also located in this area. Though the outfall sewer line was not exposed by the storms, the outfall line is underneath where a section of riprap will be installed. The City attempted to locate the depth of the Encina outfall by potholing in the area, but the potholing did not uncover the outfall pipe. Excavation is required to expose the outfall pipe in order to make sure the installation of the riprap does not damage the outfall pipe from the weight of the riprap. Once the Encina outfall line is exposed, and its depth verified, then a modified riprap design will be prepared by the City and a design to protect the Encina outfall will be prepared by EWA. The location and protection of the outfall pipe line is part of this emergency permit and all work on this line will occur landward (east) of the Mean High Tide Line (MHTL). City of Carlsbad's Riprap Extension The northern end of the proposed riprap would start approximately 149 feet south of the Encinas Creek Bridge, which is where the southern end of the riprap will be installed under the Encinas Creek Bridge replacement project that started construction in January of this year (CDP 09-08, SUP 09-03, and HMP 09-06). Placement of riprap will extend southward an additional 280 feet, terminating just north of the California Department of Parks & Recreation's existing sewer lift station. There is some existing riprap in the area, which would be reconfigured and supplemented with an additional 1,434 cubic yards of 4-ton riprap, 1,174 cubic yards of 2-ton riprap, and 673 cubic yards of %-ton riprap on the west side of the roadway. The riprap design is the same as the design used for the Encina Creek Bridge replacement project. The design will need to be modified in the area 25 feet on both sides above the Encina Wastewater Treatment Plant outfall pipe to help protect the existing 48-inch diameter reinforced concrete pipe. The closed southbound lanes of Carlsbad Boulevard, just south of the Encinas Creek Bridge Replacement project site, will be used for all construction staging, including parking for contractors' equipment and vehicles. Excavation and backfill equipment will be stationed on the roadway above the bluff and not on the beach. Sheet piles will be required on the beach, just west of the bluff and east of the MHTL to prevent wave action in the area where the riprap will be installed. The sheet piles will be driven into the ground by either a drop hammer, or a vibratory hammer using a crane with the appropriate attachments. The crane is currently in the area completing work on the Encinas Bridge Repair project and will not have to be brought to this area. The contractor is not allowed to have any equipment west of the westerly sheet piles, nor store any material or equipment on the beach. Beach activity will be limited to installation of sheet piling, replacement and supplement of riprap, excavation of the outfall sewer pipe, installation of a protective cover over the outfall sewer pipe, and the removal of the sewer force main. CDP 10-05 -CARLSBAD BOULEVARD RIPRAP EXTENSION March 17,2010 Page3 The Planning Director APPROVES this request for an Emergency Coastal Development Permit based upon the following: Findings: 1. An emergency exists that requires action more quickly than permitted by the procedures for coastal development permits or for regular permits and the work can and will be completed by May 28, 2010 unless otherwise specified by the terms of the permit; 2. At its March 9, 2010 meeting, the City Council of the City of Carlsbad proclaimed the continuation of a declaration of a local emergency to repair/replace roadfill at Carlsbad Boulevard. The riprap extension permitted herein is in response to this declaration. 3. Public notice on the proposed emergency action has not occurred because time did not allow; and 4. The work proposed will be consistent with the requirements of the certified Local Coastal Program (LCP). The project site is located within the Mello II Segment of the Local Coastal Program and within the City's permit jurisdiction as the project has been designed to remain landward (easterly) of the mean high tide line, and thus outside of the California Coastal Commission's retained permit jurisdiction, however, within their appeal jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203), and the Coastal Shoreline Development Overlay Zone (Chapter 21.204) of the Carlsbad Municipal Code. The proposed project will comply with Mello II Policy 4-6 - "Sediment Control" Practices by adhering to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. The zone is intended to protect sensitive resources. It requires preservation of steep slopes with vegetation (dual-criteria slopes) with some exceptions. No development is proposed in areas of steep coastal bluffs. The proposed project is consistent with the LCP in that the project will protect and stabilize the existing Carlsbad Boulevard southbound roadway and bike lane thereby ensuring access to the shoreline. In addition, the project will comply with Mello II Policy 7-13 - Visual Access by removing the existing above ground sewer lift station structure which will remove an obstruction to public ocean views. In addition, the relocated sewer pipelines will be installed underground, rip rap will be placed at or below existing road level, and the new lift station will be located in a vegetated area without direct ocean view. Therefore, the project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. 5 This emergency project is statutorily exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15269. Conditions: 1. The Planning Director does hereby APPROVE the Emergency Coastal Development Permit, for the project entitled "Carlsbad Boulevard Rip Rap Extension" (Exhibits "A" - CDP 10-05-CARLSBAD BOULEVARD RIPRAP EXTENSION March 17, 2010 Page 4 "E"), dated March 17, 2010, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 2. The Emergency Coastal Development Permit is granted subject to completion of the emergency repair work by May 28, 2010. 3. The Developers (City of Carlsbad, California Department of Parks & Recreation, and Encina Wastewater Authority) shall submit a formal application for a regular Coastal Development Permit and Floodplain Special Use Permit (Coastal High Hazard area) to the City within 30 days of this letter. 4. The location and protection of the outfall pipe line is part of this emergency permit and all work on this line will occur landward (east) of the Mean High Tide Line (MHTL). 5. The riprap design shall be the same as the design used for the Encinas Creek Bridge replacement project. 6. The contractor is not allowed to have any equipment west of the westerly sheet piles, nor store any material or equipment on the beach. Beach activity will be limited to installation of sheet piling, replacement and supplement of riprap, excavation of the outfall sewer pipe, installation of a protective cover over the outfall sewer pipe, and the removal of the sewer force main. CITY OF CARLSBAD DON NEU Planning Director DN:PD:sm California Coastal Commission, Attn: Deborah Lee, District Manager, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108 State of California Department of Parks and Recreation, Attn: Brian Ketterer, Sector Superintendent, San Diego Coast District/North Sector, 2680 Carlsbad Boulevard, Carlsbad, CA 92008 Skip Hammann, Transportation Director Eva Plajzer, Senior Civil Engineer Dave de Cordova, Principal Planner File Copy Data Entry 23 24 25 26 27 28 RESOLUTION NO. 2010-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUATION OF A DECLARATION OF A LOCAL EMERGENCY TO REPAIR/REPLACE ROADFILL AT CARLSBAD BOULEVARD SOUTHBOUND, NORTHERLY AND 1 2 3 4 SOUTHERLY OF ENCINAS CREEK BRIDGE. 5 WHEREAS, conditions of extreme peril to the safety of persons and property have 6 arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning 7 on or about the 17th day of January, 2010, and the subsequent failure of roadfill along Carlsbad 8 Boulevard Southbound, northerly and southerly of Encinas Creek Bridge, within the City Limits of 9 Carlsbad; and 10 WHEREAS, these conditions created unexpected occurrences that pose a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of 12 life, health, property, or essential public services, and are or are likely to be beyond the control of I O the services, personnel, equipment and facilities of the City of Carlsbad; and14 WHEREAS, these conditions are determined to have been caused by an act of nature,15 not reasonably mitigated by the best efforts of the City and its Staff; and16 WHEREAS, the roadway in question is classified as a federal highway, and as such the City may be eligible for reimbursement for expenses related to the repair and stabilization of the18 roadway; andi y WHEREAS, these conditions do not permit a delay resulting from a competitive 21 solicitation for bids, and that the action is necessary to respond to the emergency; and 22 WHEREAS, on February 5, 2010, the City Manager declared a Local Emergency; and WHEREAS, City Council of the City of Carlsbad ratified the emergency at a special meeting held on February 9, 2010. 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. There is a need to continue the local emergency declared Tuesday, February 9, 2010, by adoption of Resolution 2010-030 to repair/replace roadfill at Carlsbad Boulevard southbound, northerly and southerly of Encinas Creek Bridge. 3. That every fourteen days the City Manager shall review with City Council the emergency actions taken and determine the need to continue the emergency. o 4. That the Finance Director is authorized to appropriate $100,000 from the Gas Tax Fund to initiate the design process. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of March. 2010, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Mayor Pro Tern Kulchin. ATTEST: LORRAINE M. (SEAL) '"o,*^ DECLARATION OF LOCAL EMERGENCY WHEREAS, the City Council of the City of Carlsbad empowers the City Manager to proclaim the existence of a local emergency when said City is affected by a public calamity and the City Council is not in session; and WHEREAS, the City Manager of the City of Carlsbad, California does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by severe storms and associated tidal action beginning on or about 17* day of January, 2010 the subsequent failure of roadfill along Carlsbad Boulevard Southbound, northerly and southerly of Encina Creek Bridge; and, That these conditions are creating unexpected occurrences that pose a clear and imminent danger and required immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, and are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Carlsbad; and That these conditions do not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and That the City Council of the City of Carlsbad was not in session and could not immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of Carlsbad, California; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions and duties of the emergency organization of the City of Carlsbad are those prescribed by state law, by ordinances and resolutions of the City of Carlsbad Emergency Plan. Dated: '^$/$iOIO By: "iiisa Hildabrand, City Manager City of Carlsbad, California REPORT ON EMERGENCY COASTAL DEVELOPMENT PERMIT March 23, 2010 Don Neu, Planning Director Emergency Coastal Development Permits •Planning Director authorized to issue •Specific findings must be made •Report in writing to the City Council and Executive Director of the Coastal Commission •If one-third or two City Council Members object the permit shall not go into effect Background •Jan. 17, 2010 –Severe storms and high tides •Feb. 2, 2010 –Staff discovered the storm damage •Feb. 5, 2010 –Declaration of local emergency •Feb. 9, 2010 –Ratification of local emergency Background •February-March 2010 –Staff assessed the damage and designed repair solutions •March 17, 2010 –Emergency Coastal Development Permit was issued Exposed Sewer Force Main (looking east) Storm Damage Undermining Roadway (looking south) Emergency Repairs •Install riprap to stabilize and protect roadway •Relocate exposed sewer force main and sewer lift station •Locate and protect sewer outfall pipe Recommendation •Receive the report supporting issuance of an Emergency Coastal Development Permit