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HomeMy WebLinkAboutHDP 06-07; ENCINA EAST STORMWATER MANAGEMENT; Admin Decision Letter( c · FILE COPY Car Is b ad1 '·/Ca· 07 City of I :.I FIii ,11,1·1 •14·Eli I ,,14 ,1.M November 13, 2007 Gerald Da Silva San Diego Gas & Electric 9965 Carroll Canyon Road San Diego, CA 92123 SUBJECT: HOP 06-07-ENCINAEAST STORMWATER MANAGEMENT The City has completed a review of the application for a Hillside Development Permit for· grading of four desiltation basins and other minor drainage improvements to accommodate runoff and erosion from adjacent agricultural fields along the south shore Agua Hedionda . Lagoon and east of Interstate 5. The improvements are generally located.downstream from existing desiltation basins that are overrun by native vegetation and in a state of disrepair. , The project approved by this permit will increase erosion control, and, in so doing, improve the water quality of the nearby lagoon. It is the Planning Director's determination that the project is consistent with the City's Hillside Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code and therefore approves this request based on the following: FINDINGS: 1. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Project plans include detailed grading plans and a slope analysis with information as required by Zoning Ordinance Section 21.95.110 and as needed to determine compliance with Section 21.95.120. 2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. Project plans have been prepared according to the Hillside Development Ordinance's hillside mapping procedures. 3. The development proposal is consistent with the intent, purpose and requirements of the Hillside Development Ordinance, Chapter 21.95. The project complies with the purpose and intent of the ordinance, which is to preserve the aesthetic qualities of natural hillsides. To capture drainage from adjacent fields, grading would be concentrated primarily in low lying areas, rather. than hillsides. Grading of slopes would occur to repair. cases of severe erosion, such as· along steep drainage channels, and to grade the lower portions of slopes to create desiltation basins. In addition, the approximately 4,100 cubic · yards/acre of hillside grading volume proposed is well under the maximum 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ · ··" /, ,'\ 'J rtt C ( · ; i,j '~D~'t'i!J_b7 -ENCi NA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e2 limit (7,999 cubic yards/acre) the Ordinance identifies as an acceptable, sensitive hillside grading volume. Overall, all grading would occur in compliance with ordinance requirements. As a project which proposes to reduce sediment entering the lagoon and not impact sensitive habitat, the project also complies with another purpose and intent of the ordinance, which is to "assure that the alteration of natural hillsides will' be done in an environmentally sensitive manner whereby lagoon . and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur." The project would not grade any slopes considered to be "undevelopable" and does not propose development on any manufactured slopes. Further, the project proposes no development, roads, or publicly-accessible uses; thus, standards regarding building setbacks, fencing, and roadway design do not apply. The Hillside Development Ordinance requires compliance with Coastal Zone regulations for hillside development. Policy 4.4 of the Local Coastal Program's Agua Hedionda Segment Land Use Plan states that to protect, among other things, the sensitivity of the Agua Hedionda area to soil erodibility and sedimentation, grading of natural steep slope areas (with a gradient of 25 percent) shall be avoided when feasible. The majority of project grading would occur in slope areas with gradients of no more than 15 percent. Furthermore, all grading would occur on slopes that have already been disturbed by farming operations and devoid of any sensitive vegetation. Grading of slopes with gradients above 15 percent would be minimal and would occur to repair highly eroded areas or grade desiltation basins. 4. · The proposed grading and development will not occur in the undevelopable portions of the site pursuant to the provisions of Section 21.53.230. Project development consists only of grading of desiltation basins and minor drainage improvements. No development in terms of buildings, roads, or publicly- accessible improvements is proposed. The Hillside Development Ordinance considers as "undevelopable" and does not permit grading of natural slopes of over 40 percent gradient if the slopes have a height exceeding 15 feet,comprise a prominent landform feature, and have an area of at least 10,000 square feet. The project would not grade any undevelopable areas as defined since proposed grading would not alter any prominent land form as the general topography of the area would be maintained, project grading would be concentrated in low lying areas, and project components would not be readily visible to surrounding uses. 5. The grading design minimizes disturbance of hillside lands. Hillsides that would be affected by the project are natural but have been disturbed by years of ( ( HDP 06-07 -ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pae 3 farming. The project would. not alter any prominen~-land form, grading would be concentrated iri low lying areas, and grading volumes are within acceptable limits. Further, the project would improve the long-term appearance of the hillsides by repairing areas of severe erosion and installing drainage improvements to minimize future erosion disturbances. 6. · The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual. The project generally maintains· existing topography and drainage patterns except where remediation work is proposed to repair areas of severe erosion; this Will in turn improve hillside appearance. Project grading is primarily concentrated in low lying areas and would not be readily visible to surrounding areas. The project involves no construction of ~ny structures or roads. 7. The Planning Director 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 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. 8. The City of Carlsbad (Planning Director) has determined that: . a. It has reviewed, analyzed, and considered Mitigated Negative Declaration for HDP 06-07 -Encina East Stormwater Management, the environmental · impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to APPROVING the project; and b. The Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. They reflect the independent judgment of the City of Carlsbad; and in response to public comments received on the Draft Mitigated Negative Declaration, a cultural resources survey was performed for the project site. Findings of the survey concluded the project would have no significant impacts on cultural resources. The project's environmental impact assessment (EIA) has been revised to incorporate the findings of the survey. ( ( HDP 06-07 -ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e4 The minor changes to the EIA do not require recirculation of the Mitigated Negative Declaration. CEQA Section 15073.S(c) (4) states recirculation is not required if "new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration." d. Based on the EIA Part II and comments thereon, the Planning Director finds that there is no substantial evidence the project will have a significant effect on the environment. 9. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval 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: Planning Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading or building permit, whichever first occurs. 1. Prior to approval of the grading or building permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to Hillside Development Permit HOP 06-07 shall be required. 2. Approval is granted for HOP 06-07, as shown .on Exhibits A -T, dated October 29, 2007, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. 3. 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 ( ( HOP 06-07 -ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e 5 are gained by Developer or a successor in interest by the City's approval of this H.illside Development Permit. · · 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the firial 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. · 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building or grading permit issuance. 6. 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. · 7. 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 Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. 8. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copies of the grading plans and slope analyses reflecting the conditions approved by the final decision-making body. 9. · Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. ( HOP 06-07 -ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e 6 12. This approval shall become null and void if grading or building permits are not issued for this project within 18 months from the date of project approval. 13. Prior to the issuance of the building or grading permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits ,to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 15. Developer shall implement, or cause the implementation of, the Hillside Development Permit HDP 06-07 Project Mitigation Monitoring and Reporting Program. · Engineering Note: · Unless specifically stated in the condition, all of the following conditions, upon the approval of this project, must be met prior to approval of a grading permit. General 16. 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. ( HDP 06-07 -ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e7 Fees/Agreements 17. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post- construction permanent Best Management Practices prior to the issuance of a grading permjt or building permit, whichever occurs first forthis Project. · 18. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Grading 19. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. ' 20. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 21. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan .(SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level· prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluiqs shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such · chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. · c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to ttie landscaping and surface improvements. ( ( HDP 06-07-ENCINA EAST STORMWATER MANAGEMENT November 13, 2007 Pa e 8 22. Prior to the issuance of grading permit or building permit, whichever occurs first; · Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measur,es to reduce to the maximum extent practicable storm waler pollutant runoff during construction of the project. 23. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City. of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the . post-construction stage of the project. At a minimum; the SWMP shall: .. a. Identify existing and post-development on-site pollutants-of-concern: b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. Code Reminders 24. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: a. 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 grading or building permit issuance, except as otherwise specifically provided herein. ·, ( HOP 06-07 -ENCINA EAST STORMWATER MANAGEMENT N.ovember 13, 2007 Pa e 9 I . .,. - b. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Notice Please take NOTICE that approval of your project includes the "imposition" offees; 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 protestprocedure 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 plann'ing, zoning, grading or other similar application processing or servke 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. For your convenience, the project's Mitigation Monitoring and Reporting Program is enclosed. If you have any further questions, please call Scott Donnell in the Planning Department at (760) 602-4618 or Jeremy Riddle in the Engineering Department at (760) 602-2737. CITY OF CARLSBAD ?iaJ~ .GARY T. BARBERIO Assistant Planning Director GTB:SD:lt c: Paul Klukas, Planning Systems Chris DeCerbo, Team Leader Jeremy Riddle, Project Engineer File Copy Data Entry Planning Aide 0