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HomeMy WebLinkAbout2000-01-05; Planning Commission; ; CDP 99-52 - 1-5 WATER PIPELINE UNDERCROSSINGhe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 5, 2000 Application complete date: September 17, 1999 Project Planner: Jason Martin Project Engineer: Bob Wojcik SUBJECT: CDP 99-52 - 1-5 WATER PIPELINE UNDERCROSSING - Request for approval of a Mitigated Negative Declaration and addendum, Mitigation Monitoring and Reporting Program, and Coastal Development Permit to allow the construction of a water line project within the City's Coastal Zone located just north of the Batiquitos Lagoon and crossing underneath the 1-5 Freeway within Local Facilities Management Zones 9 and 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4695 APPROVING the Mitigated Negative Declaration and addendum, and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolution No. 4696 APPROVING Coastal Development Permit CDP 99-52 based upon the findings and subject to the conditions contained therein. II. ITEM EXPLANATION On December 15, 1999, the Planning Commission considered the above referenced project where they heard testimony from Planning Department staff and the project applicant - the Carlsbad Municipal Water District (CMWD). The Planning Department staff report from that meeting is included as Attachment 3. At the meeting the Planning Commission continued the item so that staff could conduct additional research relating to issues regarding the Coastal California Gnatcatcher and City standards regarding construction activity/noise. Coastal California Gnatcatcher or the "Gnatcatcher" Given the project's close proximity to communities of coastal sage scrub, a known habitat for the Gnatcatcher, the Commission questioned whether noise associated with project construction had the potential to impact the Gnatcatcher. Staff researched previously prepared biological studies concerning the area, which were conducted prior to the Azure Cove development and prior to the Gnatcatcher's listing. Studies from the early 1990s indicated the presence of Gnatcatchers in the area. However, since much of the Gnatcatcher habitat was removed as result of the Azure Cove project and new non-native landscaping materials were planted in graded open space areas around the project, it is highly probable that Gnatcatchers have since relocated. Also worth noting is that those remaining communities of coastal sage scrub in the vicinity of the site are concentrated in close proximity to the Freeway, which is exposed to relatively high and constant levels of noise. Gnatcatchers tend to locate in less noisy locations. As part of the requiredo PffECDP 99-52 -1-5 WATER PIPELINE UNDERCROSSING January 5, 2000 Page 2 environmental review for this project, the proposed MND was transmitted to the resource agencies for comment. No comment has been received. In conclusion, staff does not believe there to be a potential for impact to the Gnatcatcher. The only way, however, to definitively determine the presence or absence of the Gnatcatcher in the vicinity of the site is to have a qualified biologist survey the site. Staff has contacted the local office of the U.S. Fish and Wildlife Service (USFWS) to discuss the issue, and to request a representative meet Planning Department staff at the site to assist in determining the area's habitat value. If the USFWS can conclude that it is unlikely that Gnatcatchers are present, no further action would be necessary. If it is determined that Gnatcatchers are potentially present, the CMWD would need to obtain the services of a qualified biologist to conduct a survey and evaluation of the site's surroundings. A condition of approval has been developed accordingly, and has been incorporated into Resolution 4696 for the Coastal Development Permit, which is included as Attachment 2. The Planning Commission can in their discretion maintain, modify, or delete the condition of approval. The condition of approval reads as follows: Prior to beginning any construction activity at the site, the Carlsbad Municipal Water District (CMWD), or their designee, shall submit to the Planning Department either; 1) a letter from the U. S. Fish and Wildlife Service (USFWS) indicating that the area in the vicinity of the project site is unlikely to be occupied by Coastal California Gnatcatcher or; 2) a study prepared by a qualified biologist concerning the area in the vicinity of the site and an evaluation of its potential as Coastal California Gnatcatcher habitat. In the event that a submitted study indicates a potential for impact on the Coastal California Gnatcatcher, the CMWD shall comply with all USFWS and City of Carlsbad standards for construction and mitigation thereof. Construction Hours At the meeting, the project applicant, the CMWD, requested that the Planning Commission amend the staff recommended mitigation measures and conditions of approval regarding permitted days of construction. To minimize anticipated construction noise impacts to adjacent residential uses, staff had recommended that construction activity be prohibited on Saturdays and Sundays. The CMWD requested that Saturday construction be permitted. At the meeting, the Planning Commission directed staff to research Carlsbad Municipal Code (CMC) regulations as they relate to construction noise. Research has indicated that the CMC does allow construction activity on Saturdays. Additionally, the City Attorney has reviewed CMC Section 8.48 and determined that construction activity would be allowed on Saturday, between the hours of 8 AM and dusk. Staff has outlined 3 options available to the Planning Commission in this regard. The Planning Commission may in their discretion use one of the provided options, modify any of the provided options, or develop any alternative they believe to be appropriate. Staff identified the options as follows: PTPECDP 99-52 -1-5 WATER PIPELINE UNDERCROSSING January 5, 2000 Page 3 Option 1 - The Planning Commission may limit construction activity beyond the minimum restrictions identified in the CMC, by prohibiting construction activity on Saturdays. The mitigation measure/condition of approval for this option would read as follows: Hours of construction shall be limited to between the hours of 7 AM and dusk Monday through Friday. No construction activity is permitted on Saturday and Sunday. The CMWD has expressed concern regarding this option. The CMWD estimates that a prohibition of Saturday construction would lengthen the construction schedule by 6 - 10 days at an estimated added cost of $5,000 per day. Option 2 - The Planning Commission may find that established restrictions in the CMC adequately mitigate noise impacts. The mitigation measure/condition of approval for this option would read as follows: Hours of construction shall be limited to those prescribed in the Carlsbad Municipal Code (CMC) which are between the hours of 7 AM and dusk, Monday through Friday and between the hours of 8 AM and dusk on Saturday. No construction activity is permitted on Sunday or holidays specified in Section 8.84 of the CMC. The CMWD and the Planning Department are supportive of this option. Option 3 - The Planning Commission may find that a certain, limited degree of construction activity, and noise, on Saturday can be permitted. For example, activity may be limited to between the hours of 10 AM and 3 PM, or any time frame that the Planning Commission believes appropriate. The mitigation measure/condition of approval for this option could read as follows: Hours of construction shall be limited to between the hours of 7 AM and dusk, Monday through Friday. No construction activity is permitted Sunday or holidays specified in Section 8.48 of the CMC. Construction activity is permitted on Saturday but is limited to be between the hours of 10 AM and 3 PM. The CMWD has expressed concern regarding this option. They believe that this option would result in construction schedule delays and cost overruns, similar to those expected with Option 1. In conclusion, the Planning Department believes that the restrictions in the CMC have proven adequate in the past, and that there are no special circumstances associated with this project which warrant a requirement for more restrictive limitations than those identified in the CMC. The attached Resolutions have been prepared to reflect Option 2 and the staff report has been modified. Should the Planning Commission wish to pursue Options 1 or 3, or any other option, they would need to direct staff to make specified changes accordingly. In an added environmental processing matter, the above noted issue has necessitated a change to the originally circulated Mitigated Negative Declaration document. Specifically, the project has CDP 99-52 -1-5 WATER PIPELINE UNDERCROSSING January 5, 2000 Page 4 changed with regard to anticipated days of construction. Staff has determined that the change does not constitute a "substantial revision" as defined in Section 15072 of the California Environmental Quality Act (CEQA), and that the change would be equally effective, or more effective, in mitigating noise impacts. Staff believes that the new mitigation measure would be equally, or more, effective in that allowing Saturday construction could shorten the construction schedule by 6 -10 days, thereby contributing to mitigation of noise impacts. No re-circulation of the Mitigated Negative Declaration was required or conducted. (The original Mitigated Negative Declaration document for this project was already circulated for the required review period which ended in advance of the December 15, 1999 where the item was originally scheduled for public hearing). CEQA does require, however, an additional written finding be included in the Planning Commission's Resolution when substituting or adding mitigation measures after the circulation of a Mitigated Negative Declaration document. The additional finding has been incorporated into Resolution 4695. In summary, the project has been analyzed, noticed, and documented in full compliance with CEQA. ATTACHMENTS: 1. Planning Commission Resolution No. 4695 (Mitigated Neg Dec) 2. Planning Commission Resolution No. 4696 (CDP) 3. Report to the Planning Commission, dated December 15, 1999 4. Location Map 5. Background Data Sheet JM:cs TteThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 15, 1999 Application complete date: 9/17/99 Project Planner: Jason Martin Project Engineer: Bob Wojcik SUBJECT: CDP 99-52 - 1-5 WATER PIPELINE UNDERCROSSING - Request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Coastal Development Permit to allow the construction of a water line project within the City's Coastal Zone located just north of the Batiquitos Lagoon and crossing underneath the 1-5 Freeway within Local Facilities Management Zones 9 and 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4695 APPROVING the Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolution No. 4696 APPROVING Coastal Development Permit CDP 99-52 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION Pursuant to Section 21.201.030 of the Carlsbad Municipal Code, the construction of certain public works projects within the City's Coastal Zone requires the processing and approval of a Coastal Development Permit (CDP). The Carlsbad Municipal Water District (CMWD) is requesting a CDP to install a water pipeline in the Coastal Zone. The CDP application was reviewed for consistency with LCP policies and implementation. There are no unresolved issues. The staff recommendation for approval with conditions is supported by the analysis as follows. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project involves a request by the CMWD for a CDP to allow the installation of a potable water pipeline. The pipeline would complete an important link in the water delivery system and connect two existing water pipeline stubs. The pipeline will span a distance of approximately 780 feet and be entirely underground. The two existing stubs are located on either side of the 1-5 Freeway, approximately 400 feet north of the Batiquitos Lagoon shoreline. The stub on the west side of the Freeway is located in "Area C" of the Poinsettia Shores Master Plan area. Area C is currently undeveloped but is being prepared for an 85 unit residential development previously approved under CT 98-06. Surrounding uses are either vacant with pending residential, or developed residential. The nearest developed homesites are approximately 180 feet from the connection/construction site. PMCDP 99-52 -1-5 WATER PIPELINE UNDERCROSSING December 15, 1999 Page 2 . The stub on the east side of the Freeway is in a developed area of the Aviara community. Specifically, the connection would occur in a graded and landscaped, open space lot which is situated in between the Lagoon and the single family neighborhood known as Azure Cove. The connection/construction site is in very close proximity to homesites and would be immediately adjacent to the home located at 880 Piovana Court. This site is the primary construction staging area for the project. Installation of the underground water pipeline is proposed to be conducted via a directional drilling method, which eliminates the need for open trenching. Use of this method will enable the installation to occur under the Freeway with no disruption to traffic flow. The method is also considered to be, in some respects, environmentally friendly since it involves little disruption to topography and surface vegetation. For logistical purposes the drilling activity, the primary construction staging area, will occur on the east side of the Freeway. Construction staging will necessitate the temporary removal of a relatively immature street tree and other introduced landscape materials. The tree will be re-planted, and other shrub and ground cover materials will be replaced, after the project has been completed. A subgrade utility vault, with a surface area of 48 square feet, is also proposed to be installed adjacent to the pipeline connection in the open space area. Pipeline and vault installations would occur in existing easements except for areas within the Freeway right-of-way. Installation under the Freeway (in the right-of-way), will require an encroachment permit from Caltrans. IV. ANALYSIS Review of Required Coastal Findings A. Conformance with the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Local Coastal Program Segment of the LCP which contains land use policies for the development and conservation of coastal and water areas within the segment boundaries. The proposed project will not obstruct views or otherwise damage the visual beauty of the coastal zone in that the water pipeline will be located underground and will be installed via a directional drilling method which involves minimal, if any, disruption to existing topography and surface vegetation. There are neither agricultural activities nor any sensitive coastal resources (coastal sage scrub or chaparral habitat) on the construction staging site. Recently installed ornamental plant materials which exist on the construction staging area will be removed temporarily and will be replaced after the project is complete. The project will not obstruct any public coastal access. B. Coastal Overlay Zones The site is located in the Coastal resource Protection Overlay Zone, however, due to the location of the construction staging area in an area absent of slopes steeper than 25% and/or native vegetation, additional submittals, standards, or requirements do not apply. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. PPICDP 99-52 -1-5 WATER PIPELINE UNDERCROSSING December 15, 1999 Page3 V. ENVIRONMENTAL REVIEW An Environmental Impact Assessment (ElA) for the project was conducted in accordance with the California Environmental Quality Act (CEQA). Potential temporary impacts were identified and can be mitigated to a level of insignificance. Staff is recommending the adoption of a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMP). The impact areas and mitigation measures are discussed in full in the EIA and recommended MMP, which are included as an attachment to the Planning Commission Resolution for approval of the MND. The area of potential impact relates to noise. As indicated in the background section of this report, the primary construction staging area is on the east side of the Freeway and in close proximity to residential uses. CMWD has indicated that given the topography of the project site and the technological requirements of the directional drilling construction technique, staging is necessary on the east side of the Freeway. Construction will occur over a six week period. Residential uses are expected to be temporarily impacted by noise associated with construction activity. CMWD is proposing to mitigate the temporary noise impacts by limiting construction hours and installing a "noise blanket". Flours of construction activity would be consistent with those prescribed in the Carlsbad Municipal Code. Construction activity would be limited to between the hour of 7 AM and dusk, Monday through Friday and between the hours of 8 AM and dusk on Saturdays. No construction activity would be permitted on Sunday. Additionally, CMWD is proposing the installation of a noise blanket to minimize the impacts to the immediately adjacent homesite. The "blanket" is actually a specially designed noise attenuation wall temporarily installed between the noise source and the homes. The wall is 16 feet tall and 80 feet long. According to data provided by CMWD, the anticipated noise level, with the proposed mitigation, can be brought down to 60 dBA. Staff believes that although the noise would be considered annoying by most people, a 60 dBA level is not considered severe. ATTACHMENTS: 1. Planning Commission Resolution No. 4695 (Mitigated Neg Dec) 2. Planning Commission Resolution No. 4696 (CDP) 3. Location Map 4. Background Data Sheet JM:cs SEE DETAILED PLANS FOR RECISEALIGNMEN SITE 1-5 WATER PIPELINE UNDERCROSSING CDP 99-52 BACKGROUND DATA SHEET CASE NO: CDP 99-52 CASE NAME: 1-5 Freeway Water Pipeline Undercrossing APPLICANT: Carlsbad Municipal Water District REQUEST AND LOCATION: A request for a Coastal Development Permit to install an underground, potable water pipeline approximately 400 feet north of the Batiquitos lagoon.. LEGAL DESCRIPTION: Existing public utility easements on portions of Lot 49 of CT 89-19. Map No 12902, and on CT 98-06. and transecting the right-of-way of the 1-5 Freeway approximately 400 feet north of the Batiquitos Lagoon shoreline. APN: 216-452-13 and 216-140-30 Acres: NA Proposed No. of Lots/Units: NA GENERAL PLAN AND ZONING Land Use Designation: Open Space/Residential Medium Density Density Allowed: NA Density Proposed: NA Existing Zone: Open Space/Planned Community Proposed Zone: NA Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Open Space Open Space Open space North Planned Community Residential Medium Residential South Planned Community/OS Residential Medium/OS Residential/Open space East Planned Community Residential Medium Residential West Planned Community Residential Medium Residential PUBLIC FACILITIES School District: NA Water District: Carlsbad Municipal Water District Sewer District: Carlsbad Municipal Water District Equivalent Dwelling Units (Sewer Capacity): NA ENVIRONMENTAL IMPACT ASSESSMENT /\ Negative Declaration, issued November 15. 1999 Certified Environmental Impact Report, dated. Other,