HomeMy WebLinkAbout1996-05-01; Planning Commission; ; CUP 93-02A - POINSETTIA COMMUTER RAIL STATION( The City of Carlsbad Planning Department ( ~t&
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: MAY 1, 1996
Application complete date: N/A
Project Planner: Christer Westman
Project Engineer: Ken Quon
SUBJECT: CUP 93-02(A) -POINSETIIA COMMUTER RAIL STATION - A request by
staff to amend a Conditional Use Permit for the North San Diego County
Transit Development Board (NSDCTDB) Poinsettia Commuter Rail Station
due to resident complaints and failure to exercise the CUP consistent with its
terms.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3916
AMENDING Conditional Use Permit No. CUP 93-02 based on the findings and subject to
the condition contained therein.
II. INTRODUCTION
North San Diego County Transit Development Board (NSDCTDB) has stated repeatedly
that they are not subject to the City's discretionary authority relative to the Poinsettia
Commuter Rail Conditional Use Permit and has therefore not fully cooperated with the City
to fulfill its conditions of approval.
The City's Attorney has stated repeatedly that NSDCTDB is not autonomous and that they
are fully subject to the conditions required by the Conditional Use Permit. Therefore, the
Planning Commission may, after a public hearing held in the manner prescribed in Chapter
21.50 governing variances and Conditional Use Permits, revoke or modify any permit or
variance issued on the following ground:
That the permit or variance granted is being, or recently has been, exercised
contrary to the terms and or conditions of such approval, or in violation of
any statute, ordinance, law or regulation.
III. PROJECT DESCRIPTION AND BACKGROUND
The Poinsettia Commuter Rail Station was approved by the Planning Commission in May
1994 by Conditional Use Permit CUP 93-02 for a period of three years. Condition number
8 of Planning Commission Resolution No. 3642 required NSDCTDB to prepare and submit
a noise study to the City, and further to comply with the Planning Director's determination
regarding the provision of "physical buffering, including sound walls if necessary" between
the Lanikai Lane Mobile Home Park and the commuter rail platform. The project was also
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CUP 93-02(A) -POINSE, rlA COMMUTER RAIL STATION
MAY 1, 1996
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conditioned to construct restroom facilities and make them accessible to the commuter rail
users concurrent with the opening of the station.
Although the noise study was not completed and the bathroom facilities fixtures were not
installed, in the spirit of interagency cooperation, staff allowed the project to go forward
with the understanding that the noise study would be provided six months after operation
of the station began and the restroom facilities would also soon be functioning.
The station began operation in February 1995, however, a noise study was not submitted
until February 1996 and the restroom facilities were not opened to the public until April
1996.
NSDCTDB submitted a noise study which was six months later than expected, did not
provide data supporting its conclusions, and did not provide an analysis of the operation of
the commuter rail station. Staff reviewed the study and indicated to NSDCTDB by phone
and by written correspondence, that the study was inadequate and that the Community
Noise Equivalent Levels (CNEL) information provided needed to be supplemented with
Single Event Levels (SEL) information to properly analyze the noise impact specifically
attributed to the commuter rail station operation. A CNEL analysis is inappropriate
because the commuter rail station is inactive during the majority of a 24 hour period. This
unfairly weights the periods of silent inactivity and skews the noise levels producing a very
low averaged noise increase.
NSDCTDB submitted letters on April 19, 1996, again asserting that they are not subject to
the CUP and provided single event levels for freight, Amtrak and Coaster based on the
Wiley Train Model and adjusted for the super smooth tracks installed along this stretch of
railway.
This information is still inadequate in that it does not provide the peak and average noise
levels associated specifically with the daily operation of the Poinsettia Station.
There have been complaints from residents of the Lanikai Lane Mobile Home Park related
to noise and light. Because NSDCTDB has not provided the information as requested and
because of the resident's complaints, staff has referred the CUP to the Planning Commission
to consider an amendment of Planning Commission Resolution No. 3643 conditions of
approval to require noise and light buffering between the commuter rail platforms and the
Lanikai Lane Mobile Home Park.
IV. ANALYSIS
Construction of the commuter rail station has increased noise levels. Construction of the
commuter rail station has also increased the levels of ambient light within the general area.
However, the information provided by NSDCTDB indicates that there are not significant
averaged noise impacts created by the operation of the commuter rail station. Over a
period of 24 hours the averaged increase in noise is 0.6dB. A comparison of the single
CUP 93-02(A) -POINSt flA COMMUTER RAIL STATION (
MAY 1, 1996
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event noise levels prior to and after the opening of the commuter rail station were not
prepared by the noise consultant. That information may indicate that there is a significant
increase in noise levels which would be a basis for requiring NSDCTDB to provide a sound
attenuation wall. Because NSDCTDB has not provided single event information including
average and peak levels, it must be assumed that noise levels are unacceptable based on
resident complaints.
There is also basis for requiring physical buffering such as landscaping for the absorption
of ambient light created by the commuter rail station. Residents have commented that with
the removal of the previously existing landscaping and the addition of the station, they have
been impacted by light. Although the lights are shielded and are not directed toward
Lanikai Lane, there is still some light spill over. A variety of methods could be used to
solve the issue, however, staff recommends that the project be conditioned to provide trees,
ground cover and irrigation within the NSDCTDB property west of the commuter rail
platform and east of Lanikai Lane Mobile Home Park.
This type of landscaping will provide a canopy of green as a buffer to the lights of the
commuter rail facility, but still maintain clearance at ground level for observation by
patrolling security.
V. ENVIRONMENTAL REVIEW
Amendment of the Conditional Use Permit to include a requirement of landscaping or a
noise attenuation wall is categorically exempt from the California Environmental Quality Act
as a Class 3 (15303: New Construction or Conversion of Small Structures) and Class 4
(15304: Minor Alterations to Land) exemptions.
VI. SUMMARY
Staff recommends that a condition be placed on the project to provide a noise attenuation
wall and landscaping which buffers Lanikai Lane Mobile Home Park from the lights of the
Poinsettia Commuter Rail Station.
ATTACHMENTS:
1. Planning Commission Resolution No. 3916
2. Location Map
3. Letters dated April 17, 1996
4. Exhibit "A" dated May 1, 1996
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PLANNING COMMISSION RESOLUTION NO. 3916
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AMENDMENT TO A CONDITIONAL USE PERMIT
TO REQUIRE LANDSCAPING AND IRRIGATION ON
NORTH SAN DIEGO COUNTY TRANSIT
DEVELOPMENT BOARD PROPERTY GENERALLY
LOCATED ON THE WEST SIDE OF THE POINSETTIA
COMMUTER RAIL STATION PLATFORMS.
CASE NAME: POINSETTIA COMMUTER RAIL
STATION
CASE NO: CUP 93-02(A)
WHEREAS, the City of Carlsbad has filed a verified application with the City
of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for an amendment
to a Conditional Use Permit as provided by Chapter 21.50 of the Carlsbad Municipal Code;
and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 1st day of May, 1996, hold a duly noticed public hearing to consider
said application on property described as:
That portion of lot 1 in section 29, Township 12 south, range
4 west, San Bernardino Meridian, in the City of Carlsbad, in
the County of San Diego, State of California, according to the
official plat thereof, lying northeasterly of the northeasterly line
of the 200 foot wide right-of-way of the Atchison, Topeka and
Santa Fe Railway Company and a parcel of land being in the
City of Carlsbad, County of San Diego, State of California, and
being a portion of the east half of the northeast quarter of
section 29, township 12 south, range 4 west, San Bernardino
Meridian, according to the official plat thereof.
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 CUP 93-02(A).
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES an Amendment to Conditional Use Permit, CUP 93-02, based on
the following findings and subject to the following conditions:
Findings:
1.
2.
3.
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That the findings of Planning Commission Resolution Number 3643 are applicable
and are incorporated by reference herein.
That the permit granted has been exercised contrary to the terms and conditions of
such approval in that an appropriate noise study was not completed within a
reasonable period of time following the commencement of operation and that all
currently known information indicates that the project has generated noise which
requires attenuation.
That the use has a significant adverse light impact on the Lanikai Lane Mobile
Home Park in that mature landscaping was removed along the westerly edge of the
property during construction of the commuter rail station thereby exposing Lanikai
Lane Mobile Home Park to significant increased levels of light.
That the addition of landscaping as specified will adequately mitigate the significant
adverse light impacts currently experienced by Lanikai Lane Mobile Home Park.
18 Conditions:
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1. All conditions of Planning Commission Resolution Number 3643 are applicable and
incorporated by reference herein, except Condition No. 8 which shall be changed to:
A noise attenuation wall, trees, ground cover and irrigation
shall be installed on the slope bank west of the platforms and
east of the Lanikai Lane Mobile Home Park for the purposes
of buffering the existing mobile homes from noise events and
the ambient light cast from the light standards within the
commuter rail project site to the satisfaction of the Planning
Director.
North San Diego County Transit Development Board shall
cause detailed landscape and irrigation plans to be prepared
and submitted to the City which include specifics of a noise
attenuation wall for approval pursuant to the City Landscape
manual within 60 days of this approval and shall install the
noise attenuation wall and landscape improvements as
PC RESO NO. 3916 -2-
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approved by the Planning Director within a period of 60 days
from that approval.
In the event NSDCTDB fails to meet either deadline the City
may either: enforce by a mandatory injunction; levy a $100/day
administrative fine for liquidated damages payable to the City
to potentially fund design and/or construction of the designated
noise and light mitigation measures; have the right but not the
obligation to· design and construct those measures as required
at NSDCTDB's expense; or impose any other remedy
authorized by law including voiding all prior approvals for the
Poinsettia Commuter Rail Station and all activity within the
project site associated with the Poinsettia Commuter Rail
Station by NSDCTDB shall cease.
If the City spends money pursuant to the above authority that
gives rise to lien, the amount of said lien shall be secured by
NSDCTDB land and station known as Poinsettia Station.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of May, 1996, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
23 CARLSBAD PLANNING COMMISSION
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25 ATTEST:
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27 MICHAEL J. HOLZMILLER
28 Planning Director
PC RESO NO. 3916 -3-
Mr. Michael Holzmiller
Planning Director
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
I \
N C T D
RE: SINGLE EVENT LEVELS (SEL) AT THE CARLSBAD POINSETTIA STATION
REQUESTED BY THE CITY OF CARLSBAD
Dear Mr. Holzmiller:
Per the request of city staff for additional information, North County Transit District
(NCTD) consultants Mestre Greve Associates have provided the single event sound level in
the area of the Lanikai Lane Mobile Home Park west of the Carlsbad Poinsettia Commuter
Rail Station.
As you are probably aware, the decibel level for Single Event Levels (SEL) are developed as
part of the process for modeling of Community Noise Equivalent Levels (CNEL), but are not
considered a standard for measuring sound impacts. Further information regarding the
modeling methodology used can be obtained by contacting Fred Greve, P.E. at (714) 760-
0891.
Single Event Decibel Levels at 100 Feet
TRAIN TYPE FREIGHT AMTRAK COASTER
Car SEL @ 1 00' 101.6 86.2 86.6
Locomotive SEL @100' 99.5 87.6 89.6
NCTD originally entered into the conditional use permit (CUP) process as an interagency
courtesy only, and has always maintained, per our legal counsel, that a CUP from the city
was not necessary for construction nor is one required for operation of the station. I hope
that this information will allow the city to address the concerns raised by the neighboring
homeowners and close out the process.
NORTH COUNTY TRANSIT DISTRICT
311 South Tremont Street, Oceanside, CA 92054
619-967-2828
Mr. Michael Holzmiller
City of Carlsbad
April 17, 1996
Paee - 2 -
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,.,
I can be reached at 967-2862 or you may" contact Bill Farquhar at 967-2864 if any further
discussion of this matter is required.
Sincerely,
.;/Zr/;,,~ v-;;;; $,. au.A.,cv
cc: Julianne Nygaard/City of Carlsbad
Raymond Patchett/City of Carlsbad
Manager of Rail Services
Gary E. Wayne/City of Carlsbad Planning Department
Christer Westman/City of Carlsbad Planning Department
Richard Fifer/NCTD
Bill Farquhar/NCTD
D. Dwight Warden, Esq.
(
April 18, 1996
Gary E. ·wayne
Assistant Planning Director
City of Carlsbad
2075 Las Palrnas Drive
Carlsbad, CA 92009-1576
N C T D
Subject:· CUP 93-02(A) -Carlsbad Poinsettia Commuter Rail Station
Dear Mr. Wayne:
I am writing in response to your letter dated April 9, 1996, notifying us of the Development
Coordinating Committee meeting on Monday, April 22, 1996, regarding the above item.
NCTD has submitted to the City all of the requested information regarding sound impacts of
rail operations at the Poinsettia Station. Using state approved modeling procedures, NCTD's
consultants found no significant impacts, with noise levels to b~ within accepted standards.
Therefore, NCTD does not require the time the D.C.C. has set aside at its meeting.
If you have any questions, you can reach me at 967-2-862, or-Bill Farquhar at 967-2864.
Sincerely,
~~~
Betty Laurs
Manager
Commuter Rail Services
BL/kft
cc: Michael Holzmiller, City of Carlsbad
Christer Westman, City of Carlsbad
Dick Fifer, NCTD
Paul Price, NCTD
Bill Farquhar, NCTD
Dwight Worden, Esq.
NORTH COUNTY TRANSIT DISTRICT
31 1 South Tremont Street, Oceanside, CA 92054
61 9·967·2828