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HomeMy WebLinkAbout2021-05-19; Planning Commission; Resolution 7414PLANNING COMMISSION RESOLUTION NO. 7414 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 VCl 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: CASE NO: VISTA-CARLSBAD INTERCEPTOR REACH 1 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: 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 SO-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 SO-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 -2- 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 Ill 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 PC RESO NO. 7414 -3- General 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. 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 PC RESO NO. 7414 -4- 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 prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7414 -5- 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 PC RESO NO. 7414 -6- 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. PC RESO NO. 7414 -7-