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HomeMy WebLinkAboutPRE 2022-0019; CARLSBAD DESALINATION PLANT; Admin Decision LetterMay 24, 2022 Sachin Chawla Poseidon Resources 5780 Fleet Street, Suite 140 Carlsbad, CA 92008 FILE ~\-ed 'Ou:t r;l9tjQ:i_ SUBJECT: PRE 2022-0019-CARLSBAD DESALINATION PLANT APN: 210-010-45 and 210-010-49 ('Cityof Carlsbad Thank you for submitting a preliminary review for a modification to the Carlsbad Desalination Plant intake system proposed at 4590 Carlsbad Boulevard. The project site, consisting of part of the former Encina Power Station nearest Carlsbad Boulevard and an adjacent small portion of Agua Hedionda Lagoon, currently includes the seawater intake and other appurtenant structures of the desalination plant as well as surface parking. Proposed improvements are on both land and in the lagoon and include the following: • Install a partially submerged intake system in the Agua Hedionda Lagoon (including new fish-friendly screening structure, new deck structure, and a floating boom) • Install debris return system, which would include a debris bin and debris pipeline, would be constructed between the discharge pond and intake system • Install a prefabricated electrical building • Demolish the marine research shed and relocate and replace with a portable container. • Demolish an existing gantry crane. • Replace and relocate of the boat ramp. • Abandon-in-place/demolish the existing EPS intake screens and channels, the discharge channel and the 72-inch feeder line and fill the existing intake vault to grade • Install a new 72-inch intake pipeline (feeder) and vault • Install temporary access off Carlsbad Blvd for the Aquafarm • Remove and replace any disturbed landscaping Near the project and on the footprint of a former warehouse on the power plant property, the city proposes a temporary fire station. This facility.r-eceived Coastal Commission approval on May 11, 2022. Relevant comments from the Fire and Public Works departments are provided below. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-_7314 I 442-339-2600 www.carlsbadca.gov PRE 2022-0019 -CARLSBAD DESALINATION PLANT Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: I. APN 210-010-49 (power plant property and a small portion of the lagoon): Visitor Commercial/Open Space (VC/OS) II. APN 210-010-45 (lagoon): Open Space (OS) b. Zoning: I. 11. APN 210-010-49: Public Utilities (P-U) APN 210-010-45: Open Space (OS) The property's P-U zoning does not implement the VC and OS General Plan designations (applicable to APN 210-010-49). For example, a desalination plant does not fit with the description of VC, which "is intended to provide sites for commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents" (see page 2-14 of the General Plan Land Use and Community Design Element). While the General Plan anticipates redevelopment of the power plant property with visitor- commercial uses and community accessible open space, it also specifically recognizes the desalination plant and related infrastructure will remain. Further, final land uses besides the plant will be determined via a future comprehensive planning process as evidenced by these portions of Land Use and Community Design Element Policy 2-P.83: • The desalination plant shall remain on approximately 11 acres (six acres for the desalination plant and approximately five acres of nonexclusive easements) west of the railroad tracks. • Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site, with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad Boulevard). Encourage community gathering spaces, outdoor dining, and other features to maximize potential views of the.ocean and the lagoon. Encourage shared parking arrangements so that a greater proportion of development can be active space rather than parking. • Determine specific uses, development standards, infrastructure, public improvements, site planning and amenities through a comprehensive planning process (e.g., specific plan, master plan, etc.) resulting in a redevelopment plan approved by the City Council. The redevelopment plan boundaries should include the Encina Power Station and the SDG&E North Coast Service Center sites. 2. Local Coastal Program land use and zoning designations for the property are as follows: a. Land Use: Public Utilities (U) and Open Space (OS) b. Zoning: Public Utilities (P-U) and Open Space (OS) The project is in within a deferred certification area of the Coastal Zone. Until a Local Coastal Program implementation plan is certified by the California Coastal Commission for these deferred certification areas, the California Coastal Commission retains authority to issue coastal development permits for PRE 2022-0019 -CARLSBAD DESALINATION PLANT May 24, 2022 Page 3 development on these properties. While the Local Coastal Program zoning is the same as the city's, the California Coastal Commission will utilize the city's zoning, as shown on the city's zoning map, as a guide when evaluating proposed coastal development permits within these areas. 3. Other: The portion of the project located on APN 210-010-49 is within the boundaries of the approved Encina Power Station Precise Development Plan (PDP 00-02(F)). Per Carlsbad Municipal Code (CMC} Section 21.36.030, an approved precise development plan, or PDP, is necessary before a building permit or entitlement may be issued in the P-U Zone. The PDP does not regulate property in the OS Zone. 4. The project requires the city permits: a. Special use permit for proposed encroachments in the floodway (aff~cts both APN 210- 010-45 and 49). See CMC Chapter 21.110 for regulations. The requirement for a special use permit is identified in Section 21.110.130. Please note the project will need to demonstrate how it complies with the findings In Section 21.110.135. The Planning Commission may approve a s~ecial use permit for floodplain improvements pursuant to Sections 21.110.140 and 21.110.150; however, see below. b. Conditional use permit for proposed improvements in the Open Space Zone. See CMC Chapter 21.33 for regulations. Proposed improvements in the Open Space Zone are considered "public/quasi-public buildings and facilities and accessory utility buildings/facilities" and may be conditionally permitted by the Planning Commission pursuant to Section 21.33.020, Table A.; however, see below. c. Formal amendment to PDP 00-02{F). Based on the approved PDP's Section IX. D., "Consistency Determination with PDP," the project exceeds the changes that may be approved administratively via a consistency determination. This is mainly due to the new deck structure, which is 200-feet long, 30-feet wide, and 15-feet high. Based on review of plans, a portion of this structure is within the P-U Zone and thus the boundaries of the approved PDP. d. While the special use permit and conditional use permit can be approved by the Planning Commission, an amendment _to the PDP requires City Council approval, so all permits will be subject to City Council approval as required by Zoning Ordinance Section 21.54.040. e. As part of the formal submittal, staff will need to determine if amendment of the project's redevelopment permit (RP 05-12(A)) is also necessary. In summary, the special use permit for planned encroachments in the floodway and the conditional use permit for proposed improvements in the Open Space Zone are "new" permit requirements applicable to the desalination plant. Previously, no permanent plant improvements have been proposed in these locations. Amendments to PDP 0-02(F) and, if necessary, RP 05-12{A}, are required for changes proposed within the P-U Zone. 5. The project requires approval from the California Coastal Commission. As noted above, the California Coastal Commission retains authority to issue coastal development permits. Please contact that agency to verify its permitting requirements. 6. Staff understands the project will be analyzed environmentally in a seventh addendum to the Precise Development Plan and Desalination Plan Project Final Environmental Impact Report. Completion of PRE 2022-0019-CARLSBAD DESALINATION PLANT May 24, 2022 Page 4 the seventh addendum is expected soon, and the San Diego County Water Authority is the lead agency. Staff has not seen the addendum and expects it will be provided as part of a formal project submittal. Staff will review the addendum for consistency with CEQA requirements and ability for the city to use it for discretionary actions at that time. 7. The PDP establishes a SO-foot setback requirement from the property line along the lagoon. Many project features (e.g., the proposed electrical building) are within this setback. A formal submittal will need to demonstrate that compliance with the setback requirement is impractical as the PDP allows in Section VII, Development Standards. 8. On project plans, please depict property lines so it is clear where proposed improvements are in relation to property boundaries and land use and zoning designations. Of primary concern in the property line adjacent to the existing intake, which does not appear on exhibits showing proposed improvements and which serves as the boundary between the P-U and O-S zones. This property line is called out as "Easement H" in the excerpt from plan C-0100 below: LAGOON PROPOSED .. EL.tCT CAL BUILDING SE SHT C·2 01 -· --...... t:)U::S IING INT.AKEIDiSCHARGE · . STRUCTURE ." . (BEl.OW GRADE) OPOSED DILUTIO PUMP TATIO , $e $HT $·1101 · D 0 :110 • SEE NOTE J EASEWENTH 9. New requirements related to the city's goals to reduce greenhouse gas {GHG) emissions may impact development requirements of this project. A formal application submittal will need to include a completed Climate Action Plan _Checklist {Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http://www.qcode.us/codes/carlsbad/view.php?topic=18&frames=on PRE 2022-0019-CARLSBAD DESALINATION PLANT May 24, 2022 Page 5 To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https:ljwww.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. Building: The Building Division has no comments. The Fire Department requests project construction and operation not interfere with Fire Department operations and access to Carlsbad Boulevard from Fire Station 7 that will be on the NRG property. This station is set to open in January 2023. Land Development Engineering: Prior to formal application submittal the following items must be adequately resolved/addressed: 1. Complete a Stormwater Standards Questionnaire. This questionnaire will guide you and the City in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire can be printed from the following website link: https://www.carlsbadca.gov/home/showpublisheddocument/604/637426047018270000 Decks and other facilities placed into or over the water of the lagoon are not considered impervious area for purposes of completing the questionnaire. Preliminary analysis suggests that the project is a Standard Project and subject to installing site design and source control BMPs per Chapter 4 of the Carlsbad BMP Design Manual and per the Standard Project Requirement Checklist {E36) that will also need to be completed. The link to the form is at: https://www.carlsbadca.gov/home/showpublisheddocument/602/637426047014830000 The development may also be subject to submitting a trash capture SWQMP for review and approval with the grading plan check application. The city is currently exploring revisions to the PRE 2022-0019 -CARLSBAD DESALINATION PLANT May 24, 2022 Page 6 Carlsbad BMP Design Manual, however, that may modify the threshold criteria for determining if a trash capture SWQMP is required. Please check the city web page for the latest BMP Design Manual before submitting your grading plan check application. 2. List grading quantities and show any proposed grading with existing and new contours or spot elevations. Include in your remedial quantities excavation and recompaction for the forebay and tunnel demolition as well as the 72 inch pipe demolition. Based on rough estimates of grading for the demolition, a grading permit will be required. Also, the project description indicates 2,200 cubic yards of lagoon floor will dredged. Please clarify where the dredged material will be deposited and what agencies other than the city of Carlsbad, if any, you have or will contact for permission to dredge. 3. Specify the floor elevation of the proposed electrical building. The building shall comply with Section 21.110.160 of the Carlsbad Municipal Code. Per this section, the floor elevation shall be higher than the base flood elevation of 8 feet as designated in Zone AE on the Flood Insurance Rate Map (FIRM). Since the Qther proposed facilities (deck, floating boom, dual float screens, etc.) are proposed within the water and are not altering the contours of the land, filing a CLO MR or LOMR does not appear to be necessary. 4. One driveway on Carlsbad Boulevard may be installed temporarily for use during construction and shall be restored to curb, gutter and sidewalk at project completion. Permanent driveways will not be permitted. The temporary driveway does not require improvement plans, however, security based on the cost to install the driveway will be required. Assuming the design is the same as before, the same cost estimate could be used. Due to ministerial issues with processing the previous security, the surety forms will be different than what was used before and will include a security for labor and material and faithful performance (warranty). 5. Because a grading permit will be required but the area of disturbance would likely be less than 1 acre, a Tier 2 SWPPP would be applicable with the grading plan check. Clearly identify the total area of disturbance on the grading plan, including the temporary driveway and areas of demolition, to verify whether the disturbance area exceeds 1 acre. Complete city form E-32 to verify proper SWPPP documentation. The form is available at https:ljwww.carlsbadca.gov/home/showpublisheddocument/582/637812258167970000 6. Provide a detail of the debris bin area. On the site plan, it is extending over the discharge pond and blocking the pathway between the discharge pond and lagoon. Clarify if the debris bin area is a ·permanent feature or a temporary facility for construction only. Public Works: Please revise plans so the contractor's trailers/laydown/parking area avoids and does not preclude access to the three parking spaces adjacent to and west .of the electric entry gate. See the green box below on the excerpt below from plan C-0100 for the approximate location of these spaces. These spaces are intended for fire station public parking. PRE 2022-0019 -CARLSBAD DESALINATION PLANT May 24, 2022 Pa e 7 ,. New 72" li ne deep 1• cavati on. shoring ' . If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Scott Donnell at the number below. You may also contact each department individually as follows: • Building Division: Jason Pasiut, Building and Code Enforcement Manager, at {442) 339-2788 • Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781 • Fire Department: Randy Metz, Fire Division Chief, at {442) 339-2661 • Planning Division: Scott Donnell, Senior Planner, at {442) 339-2618 • Public Works: John Maashoff, Public Works Manager, at {442) 339-2856 DON NEU, AICP City Planner DN:SD:mf c: Eric Leuze, Cabrillo Power I LLC, 4600 Carlsbad Blvd, Carlsbad CA 90028 David Rick, Project Engineer Randy Metz, Fire Division Chief John Maashoff, Public Works Laserfiche/File Copy Data Entry