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HomeMy WebLinkAbout2001-04-18; Planning Commission; ; 2001-04-18te City of Carlsbad Planning Departmen A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: April 18, 2001 Application complete date: October 6, 2000 Project Planner: Eric Munoz Project Engineer: Skip Hammann SUBJECT: CDP 00-47 - LEUCADIA DRAINAGE PROJECT - Request for a Coastal Development Permit to modify and expand the existing surface drainage facilities in the area of the South Carlsbad State Beach Parking Lot within Open Space zoning and General Plan designations, in Local Facilities Management Zone 9, within the Coastal Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4957, APPROVING CDP 00-47, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The City of Encinitas is the applicant on this permit which is intended to alleviate long-standing drainage problems within the northern part of Leucadia, and along Coast Highway. Low scale, but consistent flooding and ponding of waters frequently occurs in various areas of northern Leucadia; this situation is worsened during storm runoff events. The project involves extensive work in the City of Encinitas to reconfigure stormdrains, redirect flows, address sump areas and assist with the northerly flow of this water until it reaches the city boundary with Carlsbad. The City of Carlsbad portion involves reconfiguring the existing parking lot and drainage basins at the State Beach Parking Lot to interface with the new storm drain system planned by Encinitas with overflow pipes installed for major storm events. The City of Encinitas is the Lead Agency for this project for CEQA purposes and approved this project on October 24, 2000. In addition, various resource agencies including the Regional Water Quality Control Board, the California State Department of Fish and Game and the US Army Corps of Engineers have all issued permits for this project. Carlsbad's role as Responsible Agency per CEQA is outlined below under Environmental Review. This coastal development permit is subject to appeal by the California Coastal Commission. III. PROJECT DESCRIPTION AND BACKGROUND The project is shown on Exhibits "A" - "C" dated April 18, 2001. Exhibits "A" and "B" depict the proposed improvements to the parking lot and the drainage basin areas. Exhibit "C" depicts the existing parking lot configuration. The project's location is primarily within State Park property and an existing southern basin area separated from a future northern basin area by the entrance road at the State Beach parking lot. Also included are portions of the western edge of DRAIN;CDP 00-47 LEUCADIA DRAINAGE PROJECT April 18, 2001 Page 2 the Carlsbad Boulevard right-of-way and a portion of the Boulevard median south of Batiquitos Lagoon. The project description, as it affects the City of Carlsbad, has the following components: (1) reconfigure the existing parking lot (to accommodate grade changes to the slope adjacent to Carlsbad Boulevard and facilitate changes to the existing basin area); (2) replace the existing 12" pipe coming north from Encinitas with a new 24" pipe and energy dissipators; (3) extend existing pipe area to provide net increase in wetlands per an approved wetland mitigation program; and, (4) provide an overflow pipe for extreme runoff events on the scale of a 50-year storm whereby overflow from the northern basin would flow under Carlsbad Boulevard into a biologically disturbed portion of the median. This is storm flow that would otherwise flow over the Carlsbad Boulevard roadway which would accelerate its damage and poses a danger to public safety. The design and various components of this project represent the collective efforts of various jurisdictions, coordinated by the City of Encinitas, to resolve their drainage and flooding issues. Item (4) as outlined above is the only project element that has been added as a result of Carlsbad's review of the project. This project addition is necessary to ensure public safety during extreme storm and flooding events affecting Carlsbad Boulevard. In addition, the City of Encinitas has agreed to incorporate this item into the project. It is an incidental change to the project approved by Encinitas and does not affect the City's ability to make the coastal permit findings, or support the project in general. IV. ANALYSIS The project is subject to the following: A. Local Coastal Program B. General Plan Local Coastal Program This project is located within the Mello II Local Coastal Program. As part of the permits issued to the City of Encinitas, a temporary . 11 wetland impact (short-term construction impact) is mitigated at 4:1 via an approved mitigation program. Also, public access will not be hindered in the area. Therefore, this flood control project is consistent with the LCP since no development is proposed that would affect coastal or wetland resources, habitat or public access. The project is conditioned to avoid winter grading as well as avoid grading during sensitive bird nesting seasons. This permit is appealable to the Coastal Commission. Staff of both cities (Carlsbad and Encinitas) have worked closely to propose a project that would be supported by the resource agencies as well as the Coastal Commission staff. All of the findings required for a coastal development permit, including the specific coastal overlay zone findings necessary for this particular project's location, are made in the attached Planning Commission Resolution, and summarized below. CDP 00-47 LEUCADIA DRAINAGE PROJECT April 18, 2001 Page 3 The project will not decrease the number of parking spaces at the existing state beach parking lot. In addition, the project has been designed to prevent any long-term beach access impacts; short-term beach access will be conditioned to not occur during summer months. In addition, the project has been adequately designed to accommodate the increased flows to the area while not creating significant environmental impacts. So, the project is consistent with the policies and objectives of the LCP. The project is also consistent with the applicable coastal overlay zones because adequate hydrological analysis has been performed to ensure that drainage-related impacts will not occur to Batiquitos Lagoon; and a condition to waive public liability against the City of Carlsbad or the Coastal Commission has been placed on the project. General Plan The site is designated Open Space and accommodates the State Beach parking lot south of Batiquitos Lagoon west of Carlsbad Boulevard. As part of a major flood control project, this project is consistent with the General Plan by protecting public health and safety concerns during flooding events. Specifically, Open Space Objective B.2 addresses the need to protect public health and safety by preserving natural and man-made hazard areas as open space and taking special precautionary measures to protect the public safety where development is possible and permitted. In this case, the permitted development is the State Beach parking lot and Carlsbad Boulevard roadway, both of which will receive improved protection while allowing for reconfigured drainage facilities to alleviate a flooding problem in Encinitas. V. ENVIRONMENTAL REVIEW The City of Encinitas, acting as Lead Agency per CEQA, approved a Negative Declaration for the project on June 10, 1999. The environmental approval was for the entire project including the portions within the City of Carlsbad. The one exception to this is the project element that involves the overflow pipe into the Carlsbad Boulevard median which is discussed below. The City of Carlsbad, therefore, acting as a Responsible Agency, has made a finding in the attached Planning Commission Resolution that the City concurs with the analysis, findings and conclusions of the Negative Declaration issued by the Lead Agency. In its role as responsible agency, the City of Carlsbad in consultation with the City of Encinitas, has determined that the storm drainage into the Carlsbad Boulevard median as shown on Exhibit B is necessary. The proposed pipe underneath the Boulevard roadbed is designed to convey flow that would otherwise overtop the road during extreme 50-year+ storm events. In addition, the pipe outlet location is designed for a biologically disturbed area so as to have no adverse impacts to the adjacent lagoon wetland habitat. Given the above, and also given the professional biologist's statement of no impacts to the median for this component of the project (attached memo from Burkhart Environmental dated March 21, 2001), the City will issue a Notice of Exemption based on Class 3, Minor Alterations to Land. Part of the Lead Agency's environmental action, as well as part of the permits issued by the resource agencies, involves the responsibility of Encinitas to carry out and monitor a detailed wetland mitigation program. Since this program is built-in to the project description for this project as presented to the City of Carlsbad, it allows the use of the previous environmental CDP 00-47 LEUCADIA DfSllNAGE PROJECT April 18,2001 Page 4 review performed by the Lead Agency. The environmental and approval documents are attached to this report. ATTACHMENTS: 1. Planning Commission Resolution No. 4957 2. Location Map 3. Disclosure Form 4. City of Encinitas Negative Declaration dated June 10, 1999 5. City of Encinitas Notice of Decision dated October 24, 2000 6. Memo from Brad Burkhart, Environmental Consultant dated March 23, 2001 7. Exhibits "A" - "C", dated April 18, 2001 EM:cs:mh BATIQUITOS LAGOON SITE LEUCADIA DRAINAGE PROJECT CDP 00-47 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership. joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title _ Corp/Part_ i ^^~ Title TY O *J( I Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ed\wor Corp/Part. Title Address Address. ^635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oreanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. tify th&t all the above information is true and correct to the best of my knowledge.Lcertify th&HrH-/] 6(ActAb*** \^r n • f+Signature of owner/date Signatu$ of applicant/date V Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 CITY OF ENCINITAS NEGATIVE DECLARATION Project Title: Leucadia Drainage; Low Flow Storm Drain Systems. Location: North Coast Highway 101 and Railroad Corridor from Sunset Drive to South Carlsbad State Beach, Leucadia Community, Encinitas, California. Description: Low _ f low trunk and collection storm drainage facilities. Project Sponsor: Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FINDING: Based upon information provided in the Initial Study, along with Comments and Responses to the Notice of Preparation of a Negative Declaration which have been presented to the City Council, City of Encinitas, at a duly called meeting on June 9, 1999 the Council finds that the project will not have a significant effect on the environment . MITIGATION MEASURES: Mitigation measures included in the project as a condition of project approval to avoid potentially significant effects include: Site specific geotechnical and soils engineering investigations shall be performed prior to project final design and construction activities. Point source pollution control structures such as oil/water separators and water quality inlets shall be considered for installation in certain locations to remove petroleum compounds and grease as well as floatable debris and settleable solids from storm water. A copy of the Initial Study has been attached to substantiate the finding. Date Mayor, City Council City of Encinitas Notice- of Determination 90249 Appendix H To:Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento. CA 95814 re!'".ry Clerk County of 5AAJ From: (Public Agency) F?O. Sox riTV OF F.NC1N1TA Community Development Dept. 505 South Vulcan Avenue Encinitas, CA 92024-3633 , CA Subject: Filing of Notice of Determination In compliance with Section 21108 or 21152 of the Public Resources Code. Project Title Slate Clearinghouse Number (If submitted to Clearinghouse) Lead Agency Contact Person Area Code/Telephone/Extension IO\ Project Location (inciude/county) Project Description:Tfl.oN)KL S>roe_K lOf AMJ> This is UD advise that the._has approved the above described project on "raLead Agency Q Responsible Agency _ and has made the following determinations regarding the above described project: "(Date) 1. The project (OwiU^!5w»U not] have a significant effect on the environment. 2. O An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. S^A Negative Declaration was prepared for this project pursuant to [he provisions of CEQA. 3. Mitigation measures tejwere Qwere not] made a condition of the approval of the project. 4. A statement of Overriding Considerations [Qwas Igjwas not] adopted for this project. 5. Findings tofwere r_3were not] made pursuant to the provisions of CEQA. This is to certify that the final B. widi comments and responses and record of project approval is available to the General Public at: Arv'EL. Signature (Public Agency) Date received'for filing at OPR: Date ftile FILED IN THE OFFICE OF THE COUNTY CLERK SAN DIEGO COUNTY ON Htt 24 ig POSTED__ REMOVED JUN 2 a B99 RETURNED TO AGENCY ON DEPUTY JUN 2 3 Revised October 1989 ATOCALIFORNIA DEPARTMENT OF FISH OK GAME CERTIFICATE OF FEE EXEMPTION- De Minimis Impact Finding project Title/Location [Kame anC Address of Project]: Located in City of Encinitas. County of San Diego. Project Description: Findings of Exemption No impacts have been identified which will adversely affect: (A) Riparian land, rivers, streams, watercourses, and wetlands under state and federal jurisdiction; (B) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plant life and ecological communities dependent on plant life; and (D) Listed threatened and endangered plant and animals and the habitat in which they are believed to reside. (E) All species or plant or animals as listed as protected or identified for special management in the Fish and Game code, the Public Resources Code, the Water Code or regulations adopted thereunder. (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside. (G) All air and water resources the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in thar air and water. Please see Negative Declaration/SIR initial study for more information. Certification: I hereby certify that the lead agency has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. for Sandra L. Holder Community Development Directo: Title: Communiry Development Director Lead Agencv: Citv of Sncinitas Date: Si ft > I CR/03/PF2-319 WPS.1 (5/1/91-1) COMMENTS AND RESPONSES TO COMMENTS FOR DETERMINATION BASED ON INITIAL STUDY The Determination Based on Initial Study to prepare a Negative Declaration for the Leucadia Drainage Low Flow Storm Drain System has been circulated for public and concerned agency review and comment from 5 April to 4 May 1999. No comments were received. In addition, a State Clearing House (SCH#99041060) review was conducted from 13 April to 13 May 1999. None of the state agencies have comments. STATE OF CALIFORNIA Gray Davis GOVERNOR Governor's Office of Planning and Research 1400 TENTH STREET SACRAMENTO, CALIFORNIA 95812-3044 916-322-2318 FAX 916-322-3785 www.opr.ca.gov Loretta Lynch DIRECTOR May 14,1999 Kipp Heftier City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 Subject: Leucadia Drainage, Low Flow Storm Drain System SCH#: 99041060 Dear Kipp Heftier: The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the eight-digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse Mail 10: State Notice of Completion and Environmental Document Transmittal Form ttmmcnm- CA 95814 ~ 5« NOTT ferlo-r SCH . 9904106'. 3. Contact P 3b. Je. Ptnr- -TO SOUTH O4gtsa«<>t> 40. Assessor's Farcel Neu &*--**COSTA JOC Sb. b. Ai d. Sa. 6. Within 2 miles: »- QS. Q Snppjcmeiu/Siitmni'' i« EIR OS. 06. Q Specific Plan07. rj Counuamw Plaa08. Q R General PUn Upitol*Land DHicioa (Sobdivi Paml Map. Tract Map. etc.) ». Devatopmoiit Typ» Stamping/Commercial: i»A Industrial:•WaurTnmponxioct: •II. Total Jobs Cr*at>xlfO.Total SocialEnnion Solid W'ootic/Haiaitloui•raflic/Circulatiaa 'ecctation- Quality Water Supply OTprevlotf draft dontmeot) plesse nil k In. for all new projcctt. If » SCH number already exisu for a project <«*. front a Notice of an Xrvrrtr State Clearinghouse Contact: State Review Began: 1 Dept. Review to Agency Agency Rev to SCH SCH COMPLIANCE Mosie Boyd (916)445-0613 Project Sent to the following State Agencies 5 . - // - Resources Boating & Waterways Coastal Conun Coastal Consv Colorado Rvr Bd Conservation .--— Fish & Game # C? Please note State Clearinghouse Number (SCH#) on all Comments SCH#: 99041 OfiQ Please forward late comments directly to the Lead Agency AQMP/APCD /- 7?Resources: Hi ' ') _ Delta Protection Comm _ Forestry & Fire Prot Historic Preservation _ Parks & Rec _ Reclamation Board . Bay Cons & Dev Comm. .DWR . OES (Emergency Svcs) Bus Transp Hous Aeronautics X Caltrans # Trans Planning . Housing & Com Dev _ Food & Agriculture . Health Services (H20) State/Consumer Svcs General Services Cal EPA ARB Integrated Waste Mgmt Bd SWRCB: Clean Water Prog SWRCB: Water Rights SWRCB: Water Quality SWRCB: Bay-Delta Unit X Reg. WQCB #__2_ Toxic Sub Ctrl-CTC Yth/Adlt Corrections Corrections Independent Comm Energy Commission X NAHC Public Utilities Comm Santa Monica Mtns X State Lands Comm Tahoe Rgl Plan Agency (TRPA) Other Other: CITY OF ENCINITAS DETERMINATION BASED ON INITIAL STUDY Name of Project:Leucadia Drainage; Low Flow Storm Drain Systems. Location: North Coast Highway 101 and Railroad Corridor from Sunset Drive to South Carlsbad State Beach, Leucadia Community, Encinitas, California. Description:Low flow trunk and collection storm drainage facilities. Entity or Person Undertaking Project:Engineering Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Staff Determination: The City of Encinitas staff, having undertaken and completed an Initial Study of this project in accordance with the City's CEQA Guidelines for the purpose of determining whether the proposed project might have a significant effect on the environment, has reached the following conclusion: 1. The project could not have a significant effect on the environment; therefore, a NEGATIVE DECLARATION will be prepared. X 3. The project could not have a significant effect on the environment, due to mitigation measures accepted by the applicant which include: Site specific geotechnical and soils engineering investigations shall be performed prior to project final design and construction activities. Point source pollution control structures such as oil/water separators and water quality inlets shall be considered for installation in certain locations to remove petroleum compounds and grease as well as floatable debris and settleable solids from storm water. The project could have a significant effect on the environment; therefore, an ENVIRONMENTAL IMPACT REPORT will be prepared. Date City of Encinitas ENVIRONMENTAL INITIAL STUDY CHECKLIST FORM Project Information 1. Project Title: Leucadia Drainage/- Systems. Low Flow Storm Drain 2. Lead Agency Name and Address: City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 3. Contact Person and Phone Number:Kipp Hefner Project Engineer (760) 633-2783 4. Project Location:North Coast Highway 101 and Railroad Corridor from Sunset Drive to ^ South Carlsbad State Beach, Leucadia Community, Encinitas, California (see maps) . Project Sponsor's Name and Address: Engineering. Services City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 6. General Plan Designation: Residential 2.01-3.00 Units/Acre Residential 5.01-8.00 Units/Acre Residential 8.01-11.0 Units/Acre Residential 11.01-15.00 Units/Acre Residential 15.01-25.00 Units/Acre Office Professional Local Commercial Visitor-Serving Commercial General Commercial Public/Semi-Public Ecological Resource/Open Space/Parks 8. Description of Project: 7. Zoning: Residential 3 (R-3) Residential 8 (R-8) Residential 11 (R-ll) Residential 15 (R-15) Residential 25 (R-25) Office Professional (OP) Local Commercial (LC) Visitor-Serving Commercial (VSC) General Commercial (GC) Public/Semi-Public (P/SP) Ecological Resource/Open Space/Parks (EROS) This project consists of low flow trunk and collection storm drainage facilities at three job sites. The first job site is a combination of an open shallow drainage channel and storm drain pipe. The drainage channel (South Channel) runs east of the Coast Highway between the railroad tracks and Vulcan Avenue just north of Encinitas Boulevard to Basil Street. This channel will collect runoff from both the railroad corridor and Vulcan Avenue. At the downstream end the channel will connect to an 18 inch RCP storm drain which collects runoff from an existing sump at Hermes Avenue and Cereus Street. This system then dumps into an 18 inch storm drain that crosses the railroad to the west and ties into the storm drain system in the Coast Highway. The second job site involves a network of storm drain pipes that collect runoff from several sumps west of the Coast Highway, the highway itself, and the drainage areas in the first job site. The site (Leucadia Drainage No.l) extends from Basil Street northerly along the Coast Highway to South Carlsbad State Beach just north of La Costa Avenue. Runoff from the first job site and Basil Street is picked up with an 18 inch RCP storm drain pipe and dumped into the main storm drain that runs north along the Coast Highway. Next, an 18 inch storm drain will collect runoff from the sump area on Cadmus Street and dump into the main storm drain which will be increased in size to a 24 inch RCP. A parallel system will begin at this point to collect runoff from sump areas in the alley running from Daphine Street to Diana" Street. This system will consist of several catch basins and an 18 inch RCP storm drain. The parallel system will also collect runoff from the sump area located in the park located west of the Coast Highway at Leucadia Boulevard. The system will eventually dump into the main storm drain along the Coast Highway at Diana Street. North of this point a series of catch basins collect runoff from the highway. The main storm drain will run along the highway and tie into an existing 24 inch storm drain which discharges into two detention/percolation basins at the South Carlsbad State Beach parking lot. The third job site consists of a combination of storm drain pipes and an open shallow drainage channel. The drainage channel (North Channel) runs east of the Coast Highway between the railroad tracks and Vulcan Avenue from just north of Leucadia Boulevard to opposite of Grandview Street. The system starts with an 18 inch RCP storm drain that cross Leucadia Boulevard and dumps into the new channel, and ends with a connection to an existing channel continuning north to and under La Costa Avenue. In addition inlets and a storm drain will be installed in Union Street and Orpheus to convey ponding water from a sump at that location. Improvements within each job site may be constructed in phases depending on job site and overall project costs and capital improvement budget allocations. 9. Surrounding Land Uses and Setting: Development along the North Coast Highway 101 and Railroad corridor consists predominately of residential and commercial uses. The commercial district is located almost entirely along the west side of the highway. Residential neighborhoods of varying densities occur to the west of the highway and east of the railroad across Vulcan Avenue. Topographically/ the -corridor is relatively flat north to south along the highway and railroad. There are several depressed areas and sumps in the corridor along the highway and railroad as well as in alleys west of the highway and along Vulcan Avenue east of the railroad. There is also a nearby related depressed area at Orpheus Avenue and Union Street. These locations have inadequate or nonexistent drainage facilities to relieve chronic ponding and flooding problems. There is an existing storm drain discharge detention and percolation basin and connected- detention and percolation area at the South Carlsbad State Beach parking lot. Certain existing 24 inch storm drains along the corridor are connected to the basin. In addition a pump station on the west side of the highway north of Phoebe Street conveys seasonal ponding waters through a 12 inch pressure line which joins the 24 inch system. 10 . Other agencies whose approval is required and permits needed: California Coastal Commission California State Parks and City of Carlsbad Recreation Environmental Factors Potentially Affected The environmental factors listed below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Geological Problems Water Evaluation of Environmental Impacts A brief explanation is provided for all checklist answers supported by information sources cited in the parentheses following each question. References are listed following the checklist. All answers take account of the whole action involved including onsite as well as off site, project as well as cumulative/ direct as well as indirect/ and construction as well as operational impacts. A "No Impact" answer is appropriate if referenced sources show that the impact simply does not apply to the project. "Less Than Significant Impact" describes an applicable effect which does not cross the threshold of significance. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more of such impacts when the determination is made an EIR is required. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." Associated mitigation measures are described in bold type in the checklist. Determination On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the envi-r-onment7 there--will not be a significant effect in this case because the mitigation measures described in the following checklist have been added to the project. A NEGATIVE DECLARATION will be prepared. Signature Date Printed Name For LeuciEidia^ Encinitai Beach,,., Count* ParklCount* ParkVS \ \ \ • V\ u A • g, MOON1JGHT V \STATE BEACH' \ \ \ PROJECT VICINITY Resource Issue Impact Checklist laauea and Supporting Information Sources I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (sourceMs): 1,2,3,5,8) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (2,3,5,8) c) Be incompatible with existing land use in the vicinity? (3,5,8) d) Affect agricultural resources or operations? (3,5,8) e) Disrupt or divide the physical arrangement of an established community? (3,5,8) Potentially Significant Inpaat Potentially Significant Unless Mitigation Incorporated Leas Than Significant Impact No Inpaot X X X X X EXPLANATION a,b)xProject drainage improvements are consistent with street classifications and standards established by the Encinitas General Plan Circulation Plan. Project improvements will not conflict with surrounding general plan land use designations, zoning classifications, or adopted goals and policies. c) Project drainage improvements will be compatible with existing residential, office, commercial and other land uses in the area. d) There are no agricultural resources or operations in the area that will be negatively affected by project drainage improvements. e) Project improvements will be almost entirely underground within existing street and drainage easements and will not II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (2,3,8) b) Induce substantial growth in an area either directly or indirectly? (2,3,8)c) Displace existing housing, especially affordable housing? (2,3,5,8) X X X laauea and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Leas Than Significant Impact No Impact EXPLANATION a) Project improvements are intended to collect and dispose of storm waters which pond and flood depressions therebv reducing absorption rates and altering the existing drainage pattern. The improvements will not increase or decrease therate or amount of surface runoff. u«<-i««ioe i_ne b) Project improvements will reduce or eliminate seasonal flooding in the project corridor. c) Because project improvements will collect and dispose of some storm waters currently evaporating or percolatina throuah soils to groundwater there may be an increase in urban pollutants discharged into the receiving South Carlsbad State Beach detention/percolation basins. Anticipated pollutant increases are expected to be minor and will be contained within the basins and not reach the nearby Pacific Ocean or Batiquitos Lagoon. The project must meet the waste discharge reouirements for storm water and urban runoff established by the California Regional Water Quality Control Board to meet the Clean Water Act NPDES permit regulations and California Water Code. Requirements include among other elements, prohibitions storm water and non-storm water discharge specifications, receiving water limitations, comprehensive storm water and urban runoff management programs, illicit connection and illegal discharge detection program, best management practices programs, wet weather monitoring and reporting program, and monitoring requirements. Point eouroe pollution control structures ouch aa oil/water separators and water quality inleta ahould be considered for installation in certain locations to remove petroleum compounds and greaae aa well aa floatable debris and aettleable aolida from storm water. d) The increased amount of runoff into the basins will be minor and not appreciably affect surface water amount. e) Project improvements will change the course of water movements by draining areas subject to ponding and flooding. f) Groundwater conditions in the project area are characterized by frequent perched water zones with levels fluctuating with seasonal rains, local irrigation practices, and site specific conditions. Seeping water is visible along the seacliff face. Although project improvements will collect and dispose of storm waters currently percolating through soils to groundwater, the reduction in quantity will be relatively minor. g,h) Project improvements may slightly decrease the rate of flow but will not alter the direction of groundwater movement or affect groundwater quality. I) Project improvements will not draw on or reduce the amount of groundwater supplies otherwise available for public water V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (2,3,5,8) b) Expose sensitive receptors to pollutants? (1,3,5,8) c) Alter air movement, moisture, or temperature, or cause any change in climate? (3,5,8) d) Create objectionable odors? (3,5,8) X X X X EXPLANATION a,b,c,d) Project improvements consist almost entirely of underground drainage facilities which will have no affect on air Quality standard violations, sensitive receptors, climate conditions, or odors. ______ laauea and Supporting Information Sources VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (3,5,8) b) Hazards to safety from design features? (3,5,7,8) c) Inadequate emergency access or access to nearby uses? (3,5,7,8) d) Insufficient parking capacity onsite or offsite? (3,5,8) e) Hazards or barriers for pedestrians or bicyclists? (3,5,7,8) f) Conflicts with adopted policies supporting alternative transportation? (2,3,5,8) g) Rail, waterborne or air traffic impacts? (3,5,8) Potentially Significant Inpact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact Y/i X x X No Ittpaot x x EXPLAHATION a,d,f) Project improvements consist principally of underground drainage facilities and will not increase vehicle trips or parking demands, or conflict with general plan adopted transportation policies. b,c,e) The contractor will be required to control traffic during construction activities in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones. Traffic flow must be maintained in both directions, access^provided to private driveways, and pedestrian flow kept unobstructed. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats? (3,5,8) b) Locally designated species? (3,5,8) c) Locally designated natural communities? (3,5,8) d) Wetland habitat? (3,5,8) e) Wildlife dispersal or migration corridors? (3,5,8) X X X X X EXPLANATION a,b,c,d) With the exception of the South Carlsbad State Beach detention/percolation basins, project improvements will occur'almost entirely within existing street and drainage easements and railroad right-of-way in an urbanized area and no biological resources will be affected. The detention/percolation basins support highly disturbed mixed native and exotic riparian and salt marsh vegetation. These basins will not be disturbed by construction and the anticipated minor increase in water volume and urban pollutants will have little or no anticipated negative impacts on the vegetation therein. e) There will be no impacts on wildlife dispersal and no migration corridors are_involved. Issues and Supporting Information Sources Potentially Significant Irtpaot Potentially Significant Unless Mitigation Incorporated Less Than Significant Iitpaot No Inpact VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (2,3,5,8) b) Use non-renewable resources in a wasteful and inefficient manner? (3,5,8) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the state? (3,5,8) X X EXPLANATION . a) Project improvements consist of drainage facilities and are in compliance with adopted general plan conservation policies. b) The project involves standard drainage improvement construction and will not use resources in a wasteful manner. c) There are no known mineral resources in the project area. IX. HAZARDS. Would the proposal involve: V a) A risk of accidental explosion or release of hazardous substances? (3,5,8) b) Possible interference with an emergency response plan or emergency evacuation plan? (3,5,8) c) The creation of any health hazard or potential health hazard? (3,4,5,8) d) Exposure of people to existing sources of potential health hazards? (3,4,5,8) e) Increased fire hazard in areas with flammable brush, grass, or trees? (3,5,8) . . X X X X laauea and Supporting Information Sources I Potentially Significant Impact Potentially Significant Unless Mitigation I ncorpor a ted Lea a Than Significant Impact No Impact EXPLANATION a) Project improvements consist of drainage facilities and will not involve ha2ardous substances. b) Project improvements will be almost entirely within existing street and drainage easements and will not interfere with adopted emergency response and evacuation plans. c,d) Anticipated pollutant increases are expected to be minor and although the South Carlsbad State Beach discharge detention/percolation basins are near locations where people engage in beach related recreational activities, human exposure will be minimal. One basin has steep banks and is not accessible. The other basin is not attractive from a'recreational standpoint and access is limited by partial fencing. Discharges are expected to be limited almost entirely to the winter rainfall season when the beach is least visited. The project must meet the waste discharge requirement's for storm water and urban runoff established by the California Regional Water Quality Control Board to meet the Clean Water Act NPDES permit regulations and California Water Code. The San Diego County Health Department monitors recreational and nearby water bodies and posts warnings for unhealthy conditions. Point aouroe pollution control atruoturea ouch aa oil/water separators and water quality inleta should be considered for installation in oertain locations to remove petroleum compounds and grease aa well aa floatable debris and settleable aolida from storm water. e) There will be no increase in fire hazard due to project improvements. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (3,5,6,8) b) Exposure of people to severe noise levels? (3,5,6,8) X X EXPLANATION a,b) Project improvements consist of drainage facilities and will not result in increased noise levels or expose people to severe noise levels. Short-term project construction noise will be controlled by the Encinitas Municipal Code noise XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following, areas: a) Fire protection? (3,5,8) b) Police protection? (3,5,8) c) Schools? (3,5,8) d) Maintenance of public facilities, including roads? (3,5,8) e) Other governmental services? (3,5,8) X X X X X EXPLANATION a,b,c,e) Project improvements consist of drainage facilities and will not result in the need for new or altered fire, police, school, or other governmental services. d) Project improvements will require a nominal increase in long-term storm drain maintenance costs to the City. laauea and Supporting Information Souroea Potentially Significant Inpaot Potentially Significant Unleaa Mitigation Inoorporated Leas Than Significant Inpaat No Inpaat XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (3,5,8) b) Communications systems? (3,5,8) c) Local or regional water treatment or distribution facilities? (3,5,8) d) Sewer or septic tanks? (3,5,8) e) Storm water drainage? (3,5,8) f) Solid waste disposal? (3,5,8) g) Local or regional water supplies? (3,5,8) X X X X X X X EXPLANATION a,b,c,d,f,g) Project improvements consist of drainage facilities and will not result in the need for new systems or supplies, or alterations to power or natural gas, communications, water treatment or distribution facilities, sewer or septic^ systems, solid waste disposal, or water supplies. e) Project improvements will result in a more efficient storm water drainage in the project area. XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (3,5,8) b) Have a demonstrable negative aesthetic effect? (2,3,5,8) c) Create light or glare? (3,5,8) X X X EXPLANATION a,b) Project improvements will be almost entirely underground within existing street and drainage easements, will not be visible from a scenic vista or scenic highway, and will have no negative aesthetic effects. c) Project improvements will be almost entirely underground within existing street and drainage easements and will not create light or glare. XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (3,5,8) b) Disturb archaeological resources? (3,5,8) c) Affect historical resources? (3,5,8) d) Have the potential to cause physical change which would affect unique ethnic cultural values? (3,5,8) _ e) Restrict existing religious or sacred uses within the potential impact area? (3,5,8J X X X X X Issues and Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Leaa Than Significant Impact No Inpaot EXPLANATION a,b,c,d,e) Project improvements will be almost entirely within existing street and drainage easements in an urbanized area and no known cultural resources will be affected. XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (3,5,8) b) Affect existing recreational opportunities? (3,4,5,8)Xx EXPLANATION a) Project improvements will be almost entirely underground within existing street and drainage easements in an urbanized area and will not increase the demand for recreational facilities. b) Anticipated pollutant increases are expected to be minor and although the South Carlsbad State Beach discharge detention/percolation basins are near locations where people engage in beach related recreational activities, human exposure will b,e minimal. One basin has steep banks and is not accessible. The other basin is not attractive from a recreational standpoint and access is limited by partial fencing. Discharges are expected to be limited almost entirely to the winter rainfall season when the beach is least visited. The project must meet the waste discharge requirements for storm water and urban run'off established by the California Regional Water Quality Control Board to meet the Clean Water Act NPDES permit regulations and California Water Code. The San Diego County Health Department monitors recreational and nearby water bodies and posts warnings for unhealthy conditions. Point source pollution control structures auoh as oil/water separators and water quality inleta should be considered for installation in certain looationa to remove petroleum compounds and greaae aa well aa floatable debris and aettleable aolida from storm water. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory? (3,5,8) b) Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? (2,3,5,8) c) Does the project have impacts that are individually limited, but cumulatively considerable? (3,5,8) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (3,5,8) _ X X Issues and Supporting Information Souroes Potentially Significant Inpaot Potentially Significant Unless Mitigation Incorporated Less Than Significant Iitpaot Ho Inpaot EXPLAHATIOK a) Project improvements will be almost entirely within existing street and drainage easements and other than at the South Carlsbad State Beach discharge site, no biological resources or known cultural resources will be affected. Increased water volume and urban pollutants will be minimal and will not be expected to negatively impact existing vegetation in detention/percolation basins. b) Project improvements will reduce or eliminate ponding and flooding in the project area and will achieve both short and long term adopted general plan storm drainage goals and policies. c) Impacts of project improvements will be both individually and cumulatively limited. d) Although project improvements may result in an increase in urban pollutants in the receiving detention/percolation basins, there will be no substantial direct or indirect effects on human beings. 00 XVII. EARLIER ANALYSIS. Earlier analysis is used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration [Section 15065(c)(3) (D) ] as follows: a) Earlier analyses used: None b) Impacts adequately addressed: Not Applicable . c) Mitigation measures; Not Applicable Information Sources The following information sources were consulted and referenced for this Initial Study. (1) City of Encinitas, 1989 updated. "Encinitas General Plan Program Land Use Policy Map" and "Encinitas Zoning Map." Blackline/Blueline maps prepared for the City of Encinitas, Encinitas, California. (2) City of Encinitas, 1989 updated. Encinitas General Plan. City of Encinitas: Encinitas, California. (3) Barrett Consulting Group, 1995. "Draft Highway 101 Corridor Drainage Improvements Report." Prepared for the City of Encinitas, Encinitas, California. (4) California Regional Water Quality Control Board, San Diego Region, 1995. "Tentative Order No. 95-76 (NPDES Permit No. CA0108758) Waste Discharge Requirements for Storm Water and Urban Runoff from the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District." Draft waste discharge requirements prepared for the California Regional Water Quality Control Board, San Diego Region, San Diego, California. (5) Curtis Scott Englehorn and Associates, 1998. Inspection of North Coast Highway 101 and Railroad Corridor and vicinity for Engineering Services, City of Encinitas, Encinitas, California. (6) Encinitas Municipal Code, 1993 updated. "Chapter 9.32, Noise Abatement and Control" and "Chapter 30.40, Performance Standards." Municipal Code, City of Encinitas, Encinitas, California. (7) Caltrans, 1995. "Manual of Traffic Controls for Construction and Maintenance Work Zones." Manual prepared for Caltrans, Sacramento, California. (8) W.A. Pasco Engineering, 1998. "Draft Leucadia Drainage, Low Flow Drainage Plans." Prepared for the City of Encinitas, Encinitas, California. 19 Mitigation Monitoring and Reporting Program The following mitigation measures shall be completed and incorporated into final plans and construction documents as appropriate to the satisfaction of the City Engineer. Site specific geotechnical and soils engineering investigations shall be performed prior to project final design and construction activities. Point source pollution control structures such as oil/water separators and water quality inlets shall be considered for installation in certain locations to remove petroleum compounds and grease as well as floatable debris and settleable solids from storm water. 20 CITY OF ENCINITAS COMMUNITY DEVELOPMENT DEPARTMENT 505 South Vulcan Avenue Encinitas, CA 92024 (760)633-2775 NOTICE OF DECISION DCD 2000-104 October 24,2000 This letter is to inform you that the Director of Community Development has approved your application for 00-235 CDP (Leucadia Drainage Project) - Coastal Development Permit to allow the construction of a low flow storm drainage system along North Coast Highway 101 between Encinitas Boulevard and La Costa Avenue. Project Description and Discussion: The City of Encinitas Engineering Department proposes to construct a low flow storm drain system along N. Coast Highway 101. The project consists of low flow trunk and storm drainage collection facilities at three sites. The first site consists of a combination of an open shallow drainage channel and storm drainpipe. The drainage channel (South Channel) will run east of N. Coast Highway 101 between the railroad tracks and Vulcan Avenue just north of Encinitas Boulevard to Basil Street This channel will collect runoff from both the railroad corridor and Vulcan Avenue. At the downstream end, the channel will collect to an 18-inch RCP storm drain that will collect runoff from an existing sump at Hermes Avenue and Cereus Street This system will then drain into an 18-inch storm drain that will cross the railroad to the west and tie into a storm drain system in N. Coast Highway 101. The second drainage site involves a network of storm drain pipes that will collect runoff from several sumps located within and west of N. Coast Highway 101, and the drainage areas in the first drainage site. The second drainage site extends from Basil Street northerly along N. Coast Highway 101 to South Carlsbad State Beach just north of La Costa Avenue. Runoff from the first site and Basil Street will be picked up with an 18-inch RCP storm drain pipe and drained into the main storm drain that runs north along N. Coast Highway 101. Next, an 18-inch storm drain will collect runoff from the sump area on Cadmus Street and drain into the main storm drain, which will be increased in size to a 24-inch RCP. An 18-inch storm drain will run down Europa Street and tie into the 24-inch trunk line on N. Coast Highway 101. The storm drain on Europa Street collects runoff from the alley between Europa Street and Daphne Street 18-inch storm drains will also be installed on Leucadia Boulevard and Jasper Street to collect runoff on the alleys between Europa Street and Diana Street. Both of these 18-inch storm drains tie into the trunk line on N. Coast Highway 101. North of Diana Street the rest of the runoff will be collected in catch basins on N. Coast Highway 101 and drain to the trunk line via 18-inch RCP connector pipes. The main 24-inch trunk line runs along N. Coast Highway 101 and drains into two detention/percolation basins at the South Carlsbad State Beach parking lot. As part of the project, the upstream detention basin is being enlarged so that the storm drain flows don't encroach into the sensitive salt marsh habitat that exist in the downstream detention basin. 0.11 acres of wetlands are being removed as part of the enlargement of the upstream detention basin. However, 0.44 acres of wetlands habitat is being restored/created in the enlarged upstream detention basin. Finally, the existing parking lot is being restriped to add 4 additional parking spaces. The third drainage site consists of a combination of storm drainpipes and an open shallow drainage channel. The drainage channel (North Channel) runs east of N. Coast Highway 101 between the railroad tracks and Vulcan Avenue from just north of Leucadia Boulevard to the alignment of Grandview Street. The system starts with an 18-inch RCP storm drain that crosses Leucadia Boulevard and drains into the new channel, and ends with a connection to an existing channel continuing north to and under La Costa Avenue. In addition, inlets and a storm drain will be installed in Union Street and Orpheus to convey ponding water from a sump at that location. Oil/Water separators will be installed in all catch basins on the project Existing development within and adjacent to the project site consists primarily of residential and commercial uses. The commercial uses are located almost entirely along the west side of N. Coast Highway 101. The railroad runs along the east side of N. Coast Highway 101. The residential uses are located west of N. Coast Highway 101 and east of Vulcan Avenue. Topographically, the project site is relatively flat north to south along N. Coast Highway 101 and the railroad. There are several depressed areas and sumps in the corridor along the highway and railroad as well as in alleys west of the highway and along Vulcan Avenue east of the railroad. There is also a nearby-related depressed area at Orpheus Avenue and Union Street. These locations have inadequate or nonexistent drainage facilities to relieve chronic ponding and flooding problems. The proposed storm drain system will reduce these ponding and flooding problems. The proposed drainage improvements are part of the City's Capital Improvement Plan. The Engineering Department has conducted an environmental analysis of the project, which resulted in a Negative Declaration that was approved by the State Clearinghouse on May 13,1999. A standard public notice was issued for the Coastal Development Permit, which allowed for a 10-calender day public review and comment period. Because the project is located within the Coastal Appeal Zone Public Hearing was held on October 16, 2000. Several members of the public were present at the hearing. All were in favor of this drainage project that will improve drainage and flooding problems that currently exist along N. Coast Highway 101. FINDINGS FOR A COASTAL DEVELOPMENT PERMIT STANDARD: Section 30.80.090 of the Municipal Code provides that the authorized agency must make the following findings of fact, based upon the information presented in the application and during the Public Hearing, in order to approve a coastal development permit: 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and, 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. Seq. Of the Coastal Act 4. To mitigate 0.11 acres of temporary wetland impacts associated with the expansion of the project outfall sedimentation basin at Carlsbad State Beach, the Wetland Mitigation Plan for the Leucadia Low Row Storm Drain System Project (October 2000) will be implemented by the City. This plan requires the creation/restoration and monitoring of impacted wetlands at a 4:1 ratio consistent with California Coastal Commission standards. Implementation of this plan is also a part of the conditions of U.S. Army Corps of Engineers Nationwide Permit 43, California Department of Fish and Game 1601 Streambed Alteration Agreement #5-291-00, and California Water Quality Control Board 401 Water Certification #OOC-114 authorizations for this project. The new detention basin design will be large enough to hold all additional peak storm outflows created by the project As a result outflow rates will remain the same as the existing conditions at the site. This design will prevent potential impacts from higher storm flows to sensitive plant species found along the margins of a second detention basin down stream of the impacted basin at the State Beach site. Facts: The City's General Plan and Municipal Code are applicable components of the City's Local Coastal Plan. The project consists of the construction of a low flow storm drain system along N. Coast Highway 101 from Encinitas Boulevard to La Costa Avenue. The Public Safety Element of the General Plan specifies goals and policies for the City to develop and implement a master plan for drainage and flood control and to improve local drainage systems. The proposed drainage improvements implement the goals and policies of the General Plan. Conclusion: Since the project complies with the goals and policies of the General Plan, the Community Development Department finds that the project is consistent with the certified Local Coastal Program of the City of Encinitas. In addition, required finding #2 is not applicable since no significant adverse impact is associated with the project. In regard to finding #3, the drainage improvements located at the northern portion of the project site are to be constructed between the first public road and the sea. However, the drainage improvements will not impact any public access to coastal resources. No aspect of the project has been identified which could have an adverse impact on coastal resources or any natural resources. The approval of this Coastal Development Permit satisfies the requirements of the Encinitas Local Coastal Program. Approval of this Coastal Development Permit applies only to the portions of the drainage project contained within the boundaries of the City of Encinitas. Environmental Review: A Negative Declaration has been prepared for this project, and was acknowledged by the State Clearinghouse on May 13, 1999 (SCH#99Q41060), and adopted by the City Council on June 9, 1999. This approval is subject to the following conditions: SCI SPECIFIC CONDITIONS: SC2 This approval will expire on October 24, 2002 at 5:00 p.m., two years after the approval of this project, unless the conditions have been met or an extension of time has been approved pursuant to the Municipal Code. SC6 This project is conditionally approved as set forth on the application and project plans dated received by the City on September 22, 2000 consisting of 26 sheets including Drainage plans along N. Coast Highway 101 from north of Encinttas Blvd. To South Carlsbad State Beach, all designated as approved by the Community Development Director on October 24, 2000. Approved plans shall not be altered without the express authorization of the Community Development Department. SCA A Coastal Development Permit must also be obtained from the City of Carlsbad for this portion of this project located within the City of Carlsbad. All mitigation measures specified in the negative declaration prepared for the project shall be complied with. G1 STANDARD CONDITIONS: CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S): G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. The appeal must be filed, accompanied by a $100.00 filing fee, prior to 4:00 p.m. on the 15th calendar day following the date of this notice of decision. The action of the Community Development Department in reference to the above item may be appealed to the Coastal Commission. G3 This project is located within the Coastal Appeal Zone and may be appealed to the California Coastal Commission pursuant to Coastal Act Section 30603 and Chapter 30.04 of the City of Encinrtas Municipal Code. An appeal of the Planning Commission's Decision must be filed with the Coastal Commission within 10 days following the Coastal Commission's receipt of the Notice of Final Action. Applicants will be notified by the Coastal Commission as to the date the Commission's appeal period will conclude. Appeals must be in writing to the Coastal Commission, San Diego Coast District office. This notice constitutes a decision of the Community Development Department only. Additional permits may be required by the Building Department or other City departments. It is the applicant's responsibility to obtain all necessary permits required for the type of project proposed. If you have any questions regarding this determination, please contact Kipp Hefner at the Engineering Department by telephoning (760) 633-2775. Sandra Holder Director, Community Development EEC Burkhart Environmental Consulting PO Box 420358 San Diego, CA 92142 March 23, 2001 Eric Munoz City of Carlsbad Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Munoz, You requested Burkhart Environmental Consulting (BEC) to provide you with an opinion regarding the environmental impacts which would result from adding a 50-year storm overflow pipe to the design of your Leucadia Lowflow Storm Drain Project. It is our understanding this pipe is being added to project design as a result of City of Carlsbad Conditions of Project Approval for the portion of the project located within their jurisdiction at Carlsbad State Beach. They are requiring this overflow pipe be added to the project in order to conduct high storm flows under the Highway 1 southbound lane and into the median drainage to prevent storm overflows from disrupting roadway access. The design for this pipe runs from the roadside bank at the northeast end of the second detention basin at the State Beach at a slight angle northeast across and under the Highway 1 south bound lane to the highway median. This design is shown on City of Carlsbad Planning Commission's Exhibit B for project number CUP 00-47, dated April 18, 2001. On Tuesday March 13, 2001 a site meeting was held to review any additional environmental impacts which might be caused by constructing or operating this overflow pipe. Present at this meeting were Eric Munoz and Don Rideout representing City of Carlsbad planning and environmental review staff, Kip Hefner and Alan Archibald representing the City of Encinitas Engineering staff, and myself representing BEC. It was determined by consensus at this meeting there would be no significant environmental impacts resulting from the construction of this overflow pipe since its southwestern inlet would be constructed in an area of bare ground recently cleared of exotic weed species and presently containing only a few native shrubs found in such disturbance areas (Isocoma veneta); and, its northeastern outlet in the median would be in an area covered by non- Page 1 of 2 native ice plant (Carpobrotus edulis). In addition the City of Encinitas agreed to set specific limits of work on the construction plans to assure there would be no damage to sensitive wetland vegetations on either side of the road (see plans for the designation of these limits). Finally, the City agreed to have a biologist present during construction to assure these limits were staked properly and not violated. BEC also considered the long-term potential fresh water impacts to native saltmarsh habitats located in the median which might be caused by overflow through this pipe. It is our judgement that flows through this pipe will cause no additional impacts beyond what already exist since storm flows above the capacity of the detention basins currently pass over the highway into the median. All this pipe does is route these flows under the roadway so that they do not block traffic. In any case, it is unlikely such infrequent freshwater overflows could permanently dilute the high soil salinity which assure salt marsh survival in the median. Based on this analysis, it is my opinion that the addition of this overflow pipe to the project will cause no additional significant environmental impacts and that the wetland mitigation and monitoring plan developed by BEC for this project, and presently permitted with the California Department of Fish and Game, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, and the California Coastal Commission (under Encinitas jurisdictional review) will be adequate to mitigate all environmental impacts of this project. Sincerely, Brad Burkhart, Principal Burkhart Environmental Consulting Page 2 of 2