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HomeMy WebLinkAbout2022-07-20; Planning Commission; Resolution 7457EXHIBIT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT AMENDMENTS TO CONSTRUCT A RECYCLED WATER TANK AT 6580 BLACK RAIL ROAD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: RECYCLED WATER PHASE III – D-4 RESERVOIR CASE NO: CUP2020-0003/CDP 2020-0021 WHEREAS, City of Carlsbad, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by the city, described as Assessor’s Parcel Numbers: 215-081-15-00 and 215- 081-16-00 and on file in the Planning Division (“the Property”); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the Carlsbad Municipal Water District (CMWD) is the Lead Agency for the project, as the public agency with the principal responsibility for approving the project. The City of Carlsbad is the public agency (Responsible Agency), which has discretionary approval power over the portion(s) of the project under its jurisdiction; and WHEREAS, an environmental impact assessment was conducted for the Phase Ill Recycled Water Program, and a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared by CMWD as the Lead Agency under CEQA, and the MND and Mitigation Monitoring and Reporting Program was adopted by the CMWD Board of Directors through Resolution No. 1455, on Nov. 27, 2012; and WHEREAS, On Oct. 1, 2003, the Planning Commission Approved Resolutions No. 5470, 5471, 4443, and 5444 for a Zone Change and Local Coastal Program Amendment, as well as a Conditional Use Permit CUP 03-15 and Coastal Development Permit CDP 03-23 to add a recycled water pump station to the existing facilities at the site; and. WHEREAS, on May 16, 2018, the Planning Commission approved Resolution No. 7296 Approving CDP 2018-0011 and Special Use Permit SUP 2018-0001 for pipeline improvements related to construction of the Recycled Water Project; and PLANNING COMMISSION RESOLUTION NO. 7457 PC RESO NO. 7457 -2- WHEREAS, an Addendum to the MND and Supplemental Environmental Package including was approved by the Carlsbad Municipal Water District Board through Resolution No. 1601 on July 17, 2018; and WHEREAS, Sections 15162 through 15164 that set the criteria for determining the appropriate additional environmental documentation, if any, to be completed when there is a previously adopted Negative Declaration (ND) or a previously certified environmental impact report (EIR) covering the project for which a subsequent discretionary action is require, and WHEREAS, based on this evaluation, staff concluded that the MND and Addendum had fully analyzed and mitigated, where feasible, in compliance with CEQA, all potentially significant environmental impacts, if any, that would result from the Project modifications, that the impacts to the environment as a result of the modifications are consistent with and would not create substantial new or increased impacts beyond those that were evaluated in the MND and Addendum, and that, therefore, no subsequent EIR or mitigated negative declaration is now required; and WHEREAS, it was determined that none of the requirements in CEQA Guidelines sections 15162 15163 calling for the preparation of a subsequent or supplemental MND have been triggered, and all applicable mitigation measures contained in the environmental documents have been incorporated into the construction documents or as conditions of approval, and WHEREAS, said verified application constitutes a request for Conditional Use Permit and Coastal Development Permit Amendments as shown on Exhibits “A-Q” and on file in the Carlsbad Planning Division, CUP2020-0003/CDP 2020-0021 (PUB 2019-0006) – Recycled Water Phase III – D-4 Reservoir, as provided in Chapters 21.42, 21.125 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 20, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Conditional Use Permit and Coastal Development Permit Amendments. PC RESO NO. 7457 -3- NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP2020-0003/CDP 2020-0021 (PUB 2019-0006) – Recycled Water Phase III – D-4 Reservoir, based on the following findings and subject to the following conditions: Findings: Environmental (CEQA and CMC Chapter 19.04) 1. A Final MND and Addendum to the MND has been prepared by CMWD, acting as the Lead Agency, in compliance with all requirements contained in CEQA and CEQA Guidelines. 2. In determining whether the proposed project has a significant effect on the environment, the Planning Commission is able to base its decision on substantial evidence and has complied with Public Resources Code section 21082.2 and CEQA Guidelines section 15091(b). Mitigation measures were developed to reduce potential impacts. Mitigation measures incorporated as part of the project’s construction drawings or conditions of approval to reduce impacts to a level less than significant. The Planning Commission hereby finds that after considering the public comments received and the evidence and testimony before it, that the Final MND and Addendum reflect the independent judgement of the city as the Responsible Agency; and that the Final MND and Addendum are adequate and provide good-faith disclosure of available information on the project and all reasonable and feasible alternatives thereto. The Final MND and Addendum have eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091. 3. The custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Office of the City Clerk of the City of Carlsbad, 1200 Village Drive, Carlsbad, CA 92008. Conditional Use Permit (CMC Chapter 21.42) Chapter 21.42 of the Carlsbad Municipal Code requires that four findings be made in order to approve or amend a CUP. As discussed below, each of these findings can be made: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the proposed project is consistent with the existing use on the site and goals and policies in the general plan to support sustainability and use of recycled water. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the project was evaluated in the mitigated negative declaration and addendum and there are no significant environmental impacts. The new tank is similar to bulk and scale of the existing facilities currently visible. PC RESO NO. 7457 -4- 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the new tank is similar to bulk and scale of the existing facilities currently visible. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the mitigated negative declaration and addendum studied transportation and traffic impacts. Access to the site is for staff only, therefore there will only be temporary minor impacts to circulation. A traffic control plan will be implemented during this time. Coastal Development Permit CDP 2020-0032 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that in that the proposed project is consistent with, or otherwise implements, the following Mello II LCP policies: a. The project is consistent with the following Carlsbad Mello II Policies: i. Policy 1-1 Allowable Land Uses. The project complies because it is consistent with the General Plan and the Local Coastal Program. ii. Policy 5-3 Untreated Reclaimed Water. Policy requires participation in efforts to ensure demand for use of reclaimed water. This tank will help provide capacity and distribution infrastructure as part of reclaimed water goals for the city. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project will not impact any public access to coastal or recreational resources. This site is an existing facility with controlled access, impacts will be limited to minimum temporary traffic impacts during construction, which will be minimized due to use of a traffic control plan. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. General 1. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. 2. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all PC RESO NO. 7457 -5- facilities and improvements regarding sewer collection and treatment, water, drainage, circulation, fire, schools, parks and other recreational facilities, libraries, government administrative facilities, and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, the project will complement the water storage and distribution facilities. 3. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that the project is in safety Zone 6, a variety of industrial, public facility and other uses are allowed in this zone. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the project is entirely outside the noise contours for the airport. 4. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit or grading permits, 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 Conditional Use Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit and Coastal Development Permit 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. 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. PC RESO NO. 7457 -6- 5. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 8. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 9. CUP 2020-0003 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 10. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. 11. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 12. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 7457 -7- 13. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 14. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Conditional Use Permit and Coastal Development Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 15. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 18. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Grading 20. 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. PC RESO NO. 7457 -8- Storm Water Quality 21. 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. 22. 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. 23. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. Project shall also be designed to include trash capture BMPs per Chapter 4 of the Carlsbad BMP Design Manual. 24. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Standard Code Reminders: 1. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2. 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. 3. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 4. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. 5. Any signs proposed for this development shall at a minimum be designed in conformance with the city’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 20, 2022, by the following vote, to wit: AYES: Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioner Lafferty ABSTAIN: JOSEPH STINE, Chair CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG Assistant Community Development Director PC RESO NO. 7457 -9-