HomeMy WebLinkAbout2021-05-19; Planning Commission; ; SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1Item No.
Application complete date: January 28, 2021
P.C. AGENDA OF:May 19, 2021 Project Planner: Paul Dan
Project Engineer: David Rick
SUBJECT: SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR
REACH 1 - Request for approval to upgrade, realign, and rehabilitate the existing Vista-
Carlsbad (VC) Interceptor Reach 1 access road to provide more reliable access to the VC1
pipeline and manholes for maintenance and during heavy rainfall events generally located
south of SR 78, north of Buena Vista Creek, and between the eastern terminus of Haymar
Drive (west of College Boulevard) and the western terminus of Haymar Drive (east of El
Camino Real) in Local Facilities Management Zone 25. The City Planner has determined
that the potential environmental effects of the project were adequately analyzed by the
previously certified Supplemental Program Environmental Impact Report (SPEIR) (State
Clearinghouse Number 2007091072) for the Comprehensive Sewer Master Plan.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7414 APPROVING Special Use
Permit SUP 2020-0001 and Habitat Management Plan Permit HMP 2020-0001 based upon the findings
and subject to the conditions contained therein.
II.BACKGROUND AND PROJECT DESCRIPTION
Background
In November 2017, the City of Vista certified a Supplemental Program Environmental Impact Report
(SPEIR) (State Clearinghouse Number 2007091072), for the Comprehensive Sewer Master Plan (CSMP.)
The CSMP identified a set of recommended projects for inclusion in the City’s Capital Improvement
Program (CIP) and operations and maintenance (O&M) program. The O&M program component of the
CSMP provides a continuation of the City’s existing condition assessment program consistent with the
City’s adopted Sanitary Sewer Management Plan (SSMP.) The O&M program also includes the
replacement/rehabilitation of the City’s existing pumping stations and the repair, upgrade, and
rehabilitation of existing access roads.
The City of Carlsbad maintains multiple easements to facilitate access to the conveyance and pumping
facilities within and outside its service area. These easements range from 10 to 20 feet in width to
accommodate maintenance equipment. The SPEIR for the CSMP analyzed the potential environmental
impacts associated with the proposed repair, upgrade, and/or rehabilitation of two existing unpaved
access roads as part of the O&M program. One of the two access roads for future maintenance described
in the SPEIR is located along the existing Vista-Carlsbad-Interceptor Reach 1 (VC1) and traverses the cities
of Oceanside and Carlsbad. The VC1 pipeline is 36-inches in diameter and conveys approximately eight
million gallons per day on average. The VC1 pipeline is co-owned by the Cities of Vista and Carlsbad and
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is the major pipeline that conveys each cities’ untreated wastewater to the Encina Wastewater Authority
for treatment and disposal.
When VC1 was constructed in 1985, an unpaved access road was also constructed to provide maintenance
access to sewer manholes, some requiring culverts to convey run-off across the roads. This access road
has degraded over time primarily due to erosion from stormwater discharged south from State Route (SR)
78 and contributing drainages to the north. Due to the placement of the existing access road,
sedimentation and debris have clogged the culverts, diverting drainages along the access road and
resulting in additional erosion. Direct access by way of an improved road is also not provided to a number
of manholes within the Project area.
The City’s goal for implementing the proposed Project is to provide all weather access to the manholes
for VC1. The project would improve sewer maintenance access by providing the City’s O&M staff with a
reliable access road, constructed of aggregate or crushed rock, that will ensure access to the VC1 pipeline.
Improved and reliable access during large rainfall events is required for the City to clean and maintain the
pipeline consistent with its adopted SSMP. Consistent with the City’s SSMP, the Project would minimize
the potential for sanitary sewer overflows (SSOs) into local surface waters, including Buena Vista Creek,
in accordance with the State Water Resources Control Board (SWRCB) Order No. 2006-003-DWQ
Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems.
Project Description
The Project is located on the northeastern edge of the City of Carlsbad south of SR 78, north of Buena
Vista Creek, and between the eastern terminus of Haymar Drive (west of College Boulevard) and the
western terminus of Haymar Drive (east of El Camino Real). The City of Oceanside is located immediately
north with its southern limits roughly corresponding to the southern edge of SR 78. The majority of the
project site is located within the Buena Vista Creek Ecological Reserve, which is a 148-acre property owned
by the California Department of Fish and Wildlife (CDFW). The Project site is located on Assessor Parcel
No. 167-040-31-00, 167-040-38-00, and 167-040-39- 00.
The project proposed is to upgrade, realign, and rehabilitate the existing VC1 access road to provide more
reliable access to the VC1 pipeline and manholes for maintenance, including during up to the 50-year
rainfall event. The proposed alignment of the access road is approximately 4,000 feet in length. The
proposed project would maintain Vista and Carlsbad’s existing roadway alignment along its western end
with slight variations. At the eastern end, the roadway alignment would be realigned to the north and
disconnected from Oceanside’s sewer access easement, which was acquired in conjunction with a
previous spill event. The access road would be rebuilt with an aggregate or crushed rock to provide a
permeable roadway surface, approximately 15 feet in width. The roadway surface would be
approximately six inches thick and selected materials will be determined during the final design of the
roadway in coordination with California Department of Fish and Wildlife (CDFW). The City expects that a
larger crushed rock will be used for the roadway subgrade to improve the roadway’s stability. As
proposed, the alignment for the proposed roadway would adhere to the following standards:
• A maximum longitudinal slope of 15-percent
• A minimum vertical curve length of 100 feet
• A maximum horizontal curve radius of 30 feet
• A maximum access road cross fall of 4-percent
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A 10-foot radius of crushed rock base would be provided around each manhole, where feasible. This 10-
foot radius is measured from the center of manhole cover to the edge of the crushed rock base and would
be reduced as necessary to avoid sensitive resources. When the manhole is located within the proposed
road, a concrete collar and cover is provided that is flush with the crushed rock base surface for drivability.
When a manhole is adjacent to the sewer access road or within an area at risk of flooding due to its
proximity to an existing creek, a raised concrete manhole collar is provided. The proposed project would
include improvements at five drainage crossings to minimize degradation of the access road surface and
roadway crown. No crossing of Buena Vista Creek is proposed. At each drainage crossing, the City is
considering a combination of low-flow or culvert crossings to convey stormwater across the access road
and away from the roadway crown. The final selection for stormwater conveyance will be based on the quantity of flow during the 50-year event in coordination with CDFW and the City of Carlsbad. Drainage
ditches along the roadway may also be required to safely convey flows downstream to Buena Vista Creek.
Table 1 below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE 1 – Current Land Uses
Location General Plan Designation Zoning Current Land Use
Site
R-4 Residential/Open Space
(OS)
One-Family Residential
Zone (R-1)/Open Space
(OS)
Open Space
North City of Oceanside N/A State Route
78/Residential/Commercial
South Open Space (OS) Planned Community
(PC)/ Open Space (OS)
Open Space/Residential
East R-15 Residential Planned Community
(PC)
Open Space/Residential
West
R-8 Residential/Open Space Residential Density-
Multiple (RDM)/Open
Space (OS)
Apartments/Open Space
III. ANALYSIS
The project is subject to the following regulations and requirements as analyzed within the following
section of this staff report:
A. R-4 Residential and Open Space General Plan Land Use Designations;
B. Open Space Zone (CMC Chapter 21.33);
C. Floodplain Management Regulations (CMC Chapter 21.110) and Special Use Permit Procedures
(Section 21.110.130); and
D. Habitat Preservation and Management Requirements (CMC Chapter 21.210)
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. R-4 Residential and Open Space (OS) General Plan Land Use Designations
SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1
May 19, 2021
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The proposed project is consistent with the goals and policies of the city’s General Plan Open Space,
Conservation, and Public Safety Element (PS), and the project site’s Open Space (OS) Zoning. A number
of goals and policies are identified in the resolution regarding Open Space, Conservation, and Public Safety
Element policies to maintain and rehabilitate the access road to the Vista Carlsbad Interceptor 1 which
will improve erosion control and accessibility. General Plan and Zoning consistency findings can be made
for the project.
B. Open Space (O-S) Zone (CMC Chapter 21.33)
The existing and proposed utility infrastructure are a permitted use within the Open Space zone. The Open
Space zone does not include development standards for maintenance roads and related stormwater
conveyance. Therefore, to comply with the Open Space zone, the project is designed to comply with the
utility standards established by the city for maintenance roads and related stormwater conveyance. The
project complies with the Open Space zone requirements, will protect and preserve the existing utility
infrastructure, and implement BMPs to mitigate or reduce erosion, water pollutants, structural control
changes, and other storm water pollution.
C. Floodplain Management Regulations (Chapter 21.110) and Special Use Permit Procedures (Section
21.110.130)
The proposed project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and
improve drainage by combination of low-flow or culvert crossings to convey stormwater across the access
road and away from the roadway crown. Drainage ditches along the roadway will also be required to
safely convey flows downstream to Buena Vista Creek preventing further erosion. The cumulative effect
of this project will not significantly raise the level of the 100-year floodplain (base flood elevation) in that
the repair and upgrade will prevent additional erosion and sedimentation to Buena Vista Creek. The
required findings for approval of the Special Use Permit are provided in the Planning Commission
Resolution.
D. Habitat Preservation and Management Requirements (CMC Chapter 21.210)
The project is part of a Comprehensive Sewer Master Plan (CSMP) that was previously analyzed to be in
conformance with the Habitat Management Plan (HMP) standards through a Supplemental Program
Environmental Impact Report and the Mitigation Monitoring Program that is still in effect. City staff has
concluded that the proposed repair of the maintenance road and related stormwater conveyance are
consistent with the provisions for habitat connectivity and wildlife movement through the area, avoidance
of impacts to sensitive habitat, and implementation of minimum buffer widths.
IV. ENVIRONMENTAL REVIEW
That the City Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources that were adequately analyzed by the previously certified Supplemental Program
Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072), and that the project
does not create new and/or additional significant environmental impacts that were not already analyzed
in the certified SPEIR, and that the Mitigation Monitoring and Reporting Program associated with SPEIR is
adequate, and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to the state CEQA Guidelines Section 15163 – Supplemental Program
EIR; and all feasible mitigation measures identified in the certified Environmental Impact Report and
SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1
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Mitigation Monitoring and Reporting Program, which are appropriate to this subsequent project, will be
incorporated. The approved SPEIR and MMRP are on file for review at the Planning Division.
ATTACHMENTS:
1. Planning Commission Resolution No. 7414
2. Location Map
3. Disclosure Form
4. Reduced Exhibits
5. Exhibit(s) “A” – “W” dated May 19, 2021
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE REQUEST FOR APPROVAL TO
UPGRADE, REALIGN, AND REHABILITATE THE EXISTING VISTA-CARLSBAD
(VC) INTERCEPTOR REACH 1 ACCESS ROAD TO PROVIDE MORE RELIABLE
ACCESS TO THE VC1 PIPELINE AND MANHOLES FOR MAINTENANCE
DURING HEAVY RAINFALL EVENTS GENERALLY LOCATED SOUTH OF SR 78,
NORTH OF BUENA VISTA CREEK, AND BETWEEN THE EASTERN TERMINUS
OF HAYMAR DRIVE (WEST OF COLLEGE BOULEVARD) AND THE WESTERN
TERMINUS OF HAYMAR DRIVE (EAST OF EL CAMINO REAL) IN LOCAL
FACILITIES MANAGEMENT ZONE 25.
CASE NAME: VISTA-CARLSBAD INTERCEPTOR REACH 1
CASE NO: SUP 2020-0001/HMP 2020-0001
WHEREAS, City of Vista, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by the California Department of Fish and Wildlife, “Applicant/Lead
Agency,” described as
A portion of Lot “D” of Rancho Agua Hedionda in the City of Carlsbad,
State of California, according to Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County, November 16, 1896
("the Property”); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit and Habitat Management Plan Permit as shown on Exhibits “A” – “W” dated May 19, 2021, on file
in the Planning Division, SUP 2020-0001 and HMP 2020-0001 – VISTA CARLSBAD INTERCEPTOR REACH 1,
as provided by Chapter 21.110 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on May 19, 2021, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Floodplain Special Use Permit and the Habitat Management Plan Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7414
ATTACHMENT 1
PC RESO NO. 7414 -2-
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
SUP 2020-0001 and HMP 2020-0001 – VISTA CARLSBAD INTERCEPTOR REACH 1, based
on the following findings and subject to the following conditions:
Findings:
Special Use Permit
1. The project is consistent with the general plan, local costal program, the requirements of this
chapter, and any other applicable requirement of this code in that the proposed realignment and
rehabilitation to the existing Vista-Carlsbad Interceptor Reach 1 access road improvements will
not increase the base flood elevation of Buena Vista Creek, and is in conformance with the
General Plan’s Open Space, Conservation, and Recreation Element, and the Carlsbad Municipal Code Chapter 21.110.
2. The site is reasonable safe from flooding in that the project site exists and will be rehabilitated
to improve stormwater conveyance and prevention of further erosion. No improvements are
proposed to any existing structures.
3. The project is designed to minimize the flood hazard to the habitable portions of the proposed
structure in that all stormwater conveyance structures will be designed to handle the expected
velocities and will be anchored to prevent floatation, collapse or lateral movement and
therefore will not cause obstructions in the area.
4. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that a combination of low-flow or culvert crossings to convey stormwater across the access
road and away from the roadway crown are provided. The final selection will be based on the
quantity of flow during a 50-year flood event. Drainage ditches along the roadway will also be
required to safely convey flows downstream to Buena Vista Creek.
5. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that a combination of low-flow or culvert crossings to
convey stormwater across the access road and away from the roadway crown are provided. The
final selection will be based on the quantity of flow during a 50-year flood event. Drainage
ditches along the roadway will also be required to safely convey flows downstream to Buena
Vista Creek.
6. The proposed project does not reduce the ability of the site to convey or handle a base flood of a
1-percent-annual-chance flood in that the project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by a combination of low-flow or culvert
crossings to convey stormwater across the access road and away from the roadway crown. The
final selection will be based on the quantity of flow during a heavy flood event. Drainage ditches
along the roadway will also be required to safely convey flows downstream to Buena Vista
Creek.
7. The cumulative effect of the proposed project when combined with all the other existing,
proposed, and anticipated development will not increase the water surface elevation of the base
PC RESO NO. 7414 -3-
flood more than one foot at any point in that the project will not change the channel
characteristics or cause an increase in the flood elevation.
8.The project is contingent upon compliance with other federal and state regulations as required
the applicant has received either a permit or notification to proceed from the following state
and federal resource agencies: 1) California Department of Fish & Wildlife (Notification of
Streambed Alteration - 1600); 2) San Diego Regional Water Quality Control Board (401 Water
Quality Certification); and 3) U.S. Army Corps of Engineers.
Habitat Management Plan
9.That the Sherman and South Coast are shown in Figure 28 of the approved HMP as existing
Hardline Conservation Areas.
10.That authorization to impact sensitive habitats through the rehabilitation of two existing
unpaved access roads to improve drainage is subject to continuous compliance with all provisions
of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the
Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and
Conditions of the Incidental Take Permit, and the Biological Opinion.
11.That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the certified Supplemental Program Environmental Impact
Report (State Clearinghouse Number 2007091072), including but not limited to recordation of
conservation easements over all conserved areas and management and monitoring in perpetuity
by a qualified conservation entity.
12.That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and
Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program
Planning Area (SCH No. 93121073).
13.That all impacts to habitat and all take of species will be incidental to otherwise lawful activities
related to construction and operation of the rehabilitation of an access road.
14.That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable.
15.That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
16.The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
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accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the city’s General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the city is essential to fund implementation of the city’s
Habitat Management Plan.
General
17. The proposed project is consistent with the General Plan goals and policies of the city’s General
Plan Open Space, Conservation, and Recreation Element, Public Safety Element and the project
site’s Open Space Zoning in that a number of goals and policies are identified in the Open Space,
Conservation, and Recreation Element to improve water quality related to soil erosion and
sedimentation, and Public Safety Element to reduce flood hazards and to protect building and
development sites from the effects of flooding.
a. The project is consistent with the Open Space, Conservation, and Recreation Element –
Biological Resources and Open Space for Conservation Goal – 4-G.3 – “Protect
environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant
and animal communities,” in that the project will repair, upgrade, and/or rehabilitate two
existing unpaved access roads and improve drainage by a combination of low-flow or
culvert crossings to convey stormwater across the access road and away from the roadway
crown. Drainage ditches along the roadway will also be required to safely convey flows
downstream to Buena Vista Creek preventing further erosion and improving stormwater water quality.
b. The project is consistent with the Open Space, Conservation, and Recreation Element – Water
Quality Goal – 4-G.14 – “Promote the protection of Carlsbad’s creeks, lagoons, ocean and
other natural water bodies from pollution,” in that the project will prevent further erosion
and sedimentation with best management practices for stormwater runoff that will protect
water quality.
c. The project is consistent with the Open Space, Conservation, and Recreation Element – Water
Quality Policy – 4-P.60 – “Make any necessary structural control changes to the storm water
conveyance system to remove or reduce storm water pollutant levels,” in that the proposed
project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and
improve drainage by a combination of low-flow or culvert crossings to convey stormwater
across the access road and away from the roadway crown. Drainage ditches along the
roadway will also be required to safely convey flows downstream to Buena Vista Creek
preventing further erosion and improving stormwater water quality.
d. The project is consistent with the Open Space, Conservation, and Recreation Element – Water
Quality Policy – 4-P.64 – “Preserve, where possible, natural watercourses or provide
naturalized drainage channels within the city. Where feasible, implement restoration and
rehabilitation opportunities,” in that the project will repair, upgrade, and/or rehabilitate two
existing unpaved access roads and improve drainage by combination of low-flow or culvert
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crossings to convey stormwater across the access road and away from the roadway crown.
Drainage ditches along the roadway will also be required to safely convey flows
downstream to Buena Vista Creek preventing further erosion and improving stormwater
water quality.
e.The project is consistent with the Public Safety Element – Flooding and Coastal Hazards Policy
– 6-P.4 – “Require all proposed drainage facilities to comply with the city’s Standard Design
Criteria to ensure they are properly sized to handle 100-year flood conditions,” in that the
proposed project will repair, upgrade, and/or rehabilitate two existing unpaved access
roads and improve drainage by combination of low-flow or culvert crossings to convey
stormwater across the access road and away from the roadway crown. Drainage ditches
along the roadway will also be required to safely convey flows downstream to Buena Vista
Creek preventing further erosion and improving stormwater water quality.
18.The project has a zoning designation of Open Space (OS) which allows public facilities.
The City Planner has determined that the potential environmental effects of the project were adequately
analyzed by the previously certified Supplemental Program Environmental Impact Report (SPEIR) (State
Clearinghouse Number 2007091072) for the Comprehensive Sewer Master Plan.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice
to Proceed or commencement of construction, whichever occurs first.
1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City’s approval of this Special Use Permit and
Habitat Management Plan Permit.
2.Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Special Use Permit and Habitat Management Plan Permit document(s)
documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to this
approval.
3.Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 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.
5. Prior to authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Supplemental Program Environmental Impact Report (SPEIR)
(State Clearinghouse Number 2007091072) and is subject to all conditions contained in Planning
Commission Resolutions No. 7414.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a grading plan.
General
6. 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.
Fees/Agreements
7. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
8. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
Grading
9. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
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.
10. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
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11.Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
12.Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP
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 appropriate 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.Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
14.Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain
a right-of-way permit to the satisfaction of the city engineer.
Code Reminders:
15.Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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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 of final approval 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 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 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 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 May 19, 2021 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
VISTAWY
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Vista-Carlsbad Interceptor Reach 1
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ATTACHMENT 2
P-1(A)Page 1 of 2 Revised 07/10
Development Services
Planning Division
1635 Faraday Avenue
(760)602-4610
www.carlsbadca.gov
DISCLOSURE STATEMENT
P-1(A)
The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below.
1.APPLICANT (Not the applicant’s agent)Provide the COMPLETE, LEGAL names and addresses of ALL persons having afinancial interest in the application. If the applicant includes a corporation or partnership,include the names, titles, addresses of all individuals owning more than 10% of theshares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASEINDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-ownedcorporation, include the names, titles, and addresses of the corporate officers. (Aseparate page may be attached if necessary.)
Person Corp/Part
Title Title
Address Address
2.OWNER (Not the owner’s agent)Provide the COMPLETE, LEGAL names and addresses of ALL persons having anyownership interest in the property involved. Also, provide the nature of the legalownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If theownership includes a corporation or partnership, include the names, titles, addresses ofall individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORETHAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THESPACE BELOW. If a publicly-owned corporation, include the names, titles, andaddresses of the corporate officers. (A separate page may be attached if necessary.)
Person Corp/Part
Title Title
Address Address
Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
ATTACHMENT 3
P-1(A)Page 2 of 2 Revised 07/10
3.NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the.
Non Profit/Trust Non Profit/Trust
Title Title
Address Address
4.Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)months?
Yes No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
Signature of owner/applicant’s agent if applicable/date
Print or type name of owner/applicant’s agent
AATTACHMENT 4