HomeMy WebLinkAbout2005-04-06; Planning Commission; ; EIR 03-02|SUP 04-01|HMP 04-02 - NAHI WEST• e City of Carlsbad Planning Departmen.
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: April 6, 2005
ItemNo. (!)
Application complete date: April 28, 2003
Project Planner: Elaine Blackburn
Project Engineer: Mark Biskup
SUBJECT: EIR 03-02/SUP 04-01/HMP 04-02 -NAHi WEST -Request for 1) certification
of an Environmental Impact Report and adoption of the Final Addendum, the
Candidate Findings of Fact, and the Mitigation Monitoring and Reporting
Program, 2) approval of a Special Use Permit (Floodplain), and 3) approval of a
Habitat Management Plan Permit for fucidental Take consistent with the City's
Habitat Management Plan, to allow the reestablishment of a sewer maintenance
access road, construction of a shoreline protection wall, relocation of sewer
pipeline, rehabilitation of manholes, and future maintenance and operation
activities for the North Agua Hedionda futerceptor-West (NAHI-West) sewer line
and development of a portion of the Citywide trail system located along the north
shore of the Agua Hedionda Lagoon generally between Hoover Street and Cove
Drive within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5856
CERTIFYING an Environmental Impact Report and ADOPTING the Addendum, the
Candidate Findings of Fact, and the Mitigation Monitoring and Reporting Program, and ADOPT
Planning Commission Resolutions No. 5857 and 5858 APPROVING SUP 04-01 and HMP 04-
02 based upon the findings and subject to the conditions contained therein.
II. BACKGROUND
This item was continued from March 2, 2005 at the request of both the Agua Hedionda Lagoon
Foundation (AHLF) and staff. At the hearing on March 2, the AHLF representatives had
questions and concerns about the location and improvements of the coastal bicycle/pedestrian
trail in the project area. They requested additional time to review the project BIR and to meet
with staff Staff agreed that additional time to meet with the AHLF and to speak with Coastal
Commission staff would be helpful. Staff has now had follow up meetings with the Foundation
representatives and believes that all parties have a clearer understanding of the proposed project
and the status/condition of the trail easement and condition in the project area. Staff has also met
again with a property owner who spoke at the hearing to answer questions and clarify the
proposed project description as it relates to the City's Habitat Management Plan.
ATTACHMENTS:
1. Planning Commission Resolutions No. 5856, 5857 and 5858
2. Staff Report dated March 2, 2005 with attachments
le City of Carlsbad Planning Departm.enf'
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: MARCH 2, 2005
ItemNo.@
Application complete date: April 28, 2003
Project Planner: Elaine Blackburn
Project Engineer: Mark Biskup
SUBJECT: EIR 03-02/SUP 04-01/HMP 04-02 -NAHi WEST-Request for 1) certification
of an Environmental Impact Report and adoption of the Final Addendum, the
Candidate Findings of Fact, and the Mitigation Monitoring and Reporting
Program, 2) approval of a Special Use Permit (Floodplain), and 3) approval of a
Habitat Management Plan Permit for Incidental Take consistent with the City's
Habitat Management Plan, to allow the reestablishment of a sewer maintenance
access road, construction of a shoreline protection wall, relocation of sewer
pipeline, rehabilitation of manholes, and future maintenance and operation
activities for the North Agua Hedionda Interceptor-West (NARI-West) sewer line
and development of a portion of the Citywide trail system located along the north
shore of the Agua Hedionda Lagoon generally between Hoover Street and Cove
Drive within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5856
CERTIFYING an Environmental Impact Report and ADOPTING the Addendum, the
Candidate Findings of Fact, and the Mitigation Monitoring and Reporting Program, and ADOPT
Planning Commission Resolutions No. 5857 and 5858 APPROVING SUP 04-01 and HMP 04-
02 based upon the findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project consists of six components related to the western segment of the North
Agua Hedionda Interceptor (NARI) sewer line and access road which consists of the portion of
the line located generally between Cove Drive ( on the east) and the Foxes Landing Lift Station
Gust west of Hoover Street) on the west. The six components of the NARI-West project are: 1)
re-establishment of the sewer maintenance access road; 2) construction of a shoreline protection
wall; 3) sewer pipeline improvements; 4) rehabilitation of existing manholes; 5) future
maintenance and operation activities for the sewer pipeline facilities; and 6) development of a
portion of the Citywide trail system. The western portion of the NARI pipeline provides
wastewater conveyance for existing residential and commercial development located north and
northwest of the lagoon. No increase in capacity is proposed as part of the proposed project.
The proposed project requires approval by the Planning Commission of a Floodplain Special Use
Permit (SUP) and a Habitat Management Plan Permit (HMP) for Incidental Take of habitat and
approval by the California Coastal Commission of a Coastal Development Permit (CDP). There
are no outstanding issues associated with the project.
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Ill. PROJECT DESCRIPTION AND BACKGROUND
A. Project Description
As stated in the introduction, the proposed project consists of six components related to the
western segment (approximately 3,800 linear feet) of the North Agua Hedionda Interceptor
(NARI) sewer line and access road. The western segment consists of the portion of the line
located generally between Cove Drive and the Foxes Landing Lift Station Gust west of Hoover
Street). Staff has attached a number of exhibits to this staff report to support and facilitate the
discussion of the project location and components. These exhibits will be referred to throughout
the staff report by the appropriate "Figure" number. The exhibits are as follows:
Figure 1 -"Aerial Photograph with Sewer Line & Manhole Numbers"
Figures 2A, 2B, 2C, 2D -"Project Components Index Map" and "Project Components
Maps"
Figures 3A, 3B, 3C -"Easements & Sewer.Replacements"
Figure 4 -"Profiles of Crib Walls"
Figure 5 -"Typical Crib Wall"
Figure 6 -"Access Road & Shoreline Protection Wall Section with Crib Wall"
The project location is illustrated on Figure 1. The various project components are illustrated on
Figures 2A, 2B, 2C, and 2D. Each of the six project components is discussed in detail below.
1. Component 1 -Re-establishment of the Sewer Maintenance Access Road
The western segment of the NARI sewer pipeline is approximately 3,800 feet in length, of which
2,400 feet requires re-establishment of and modification to an access road. The proposed project
area extends from just east of the Foxes Landing Lift Station (near I-5) to just west of Cove
Drive as shown on Figure 1. From Foxes Landing Lift Station to manhole number 8A, the
existing sewer access road would be used to access the sewer pipeline and associated manholes.
From manhole number 8A eastward to new manhole number 1, the new access road alignment
follows the centerline of the NARI and utilizes existing roadway or disturbed areas wherever
possible. From west of manhole number 1 to manhole number 21 the alignment would move
approximately 70 feet southward (closer to the lagoon) to coincide with the City's trail alignment
in that area (see Figure 2D). The proposed alignment also takes into consideration the existing
biological conditions of the project site.
As shown on Figure 3B, the proposed access road and swale would be a total of twelve feet
wide. It would consist of a ten-foot wide road of decomposed granite plus a two-foot wide bio-
filtration grassy swale, with the exception of an approximately 150-foot section east of manhole
number 19, where the alignment is currently paved (Jose's Boat Launch) (see Figure 2D). The
portion of the access road between new manhole number 1 and manhole number 21 would utilize
the existing compacted sandy base rather than decomposed granite.
As shown on Figure 6, the road would have a 2% cross-slope away from the lagoon to drain
toward the cut slope/crib wall side of the road. (The Water Quality Technical Report
recommends this design to improve control of pollutant discharge.) A two-foot wide bio-
filtration grassy swale would be located along the entire length of the proposed access road. By
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designing the roadway drainage such that runoff would flow toward the landward side and into
the bio-filtration (grassy) swale, the amount of flow across the road would be greatly reduced, as
the only source of runoff would be from the access road itself. To capture runoff from adjacent
slopes, a standard 18" concrete lined brow ditch would be constructed at the top of the crib wall
to prevent runoff from flowing over the wall. Runoff collected in the brow ditch would be
transported to the roadway swale. The brow ditch would occur wherever the crib wall is present.
This design would greatly reduce the amount of sediment entering the catch basins as well as the
amount of maintenance required when compared to the level of maintenance anticipated under
the FEIR 03-02 (in which the roadway drained toward the Lagoon). A minimum of four culverts
and three catch basins would be installed at low points along the road alignment to collect and
discharge runoff. The catch basins would be approximately three feet by three feet in size.
In addition to the 2,400 feet of decomposed granite access road, a 230-foot long paved approach
road from Hoover Street is proposed (See Figure 2B). A gate would be constructed to preclude
off-road vehicle use on the access road, but pedestrians would be able to enter and hike along the
road for recreation and to access scenic views of Agua Hedionda Lagoon.
To implement the proposed project, the City would need to acquire new utility access easements
along portions of the sewer alignment where they currently do not exist. The locations of the
existing and proposed easements and sewer replacements are shown on Figures 3A, 3B, and 3C.
Crib walls are proposed in three areas to avoid large cut slopes and minimize impacts to coastal
sage scrub. The locations of the proposed crib walls are shown on Figures 2B and 2C. The
profiles of the proposed crib walls are shown on Figure 4. The westerly crib wall would be
approximately 251 feet in length and would be a maximum of 5.73 feet in height. The center
crib wall would be approximately 82 feet in length and would be a maximum of 4.74 feet in
height. The easterly crib wall would be approximately 219 feet in length and would be a
maximum of 3.29 feet in height. The total length of the three walls combined would be 552 feet.
It should be noted that the proposed walls would not be at these maximum heights for their entire
length. The crib walls would be planted as illustrated in Figure 5. In areas where the crib wall
would be less than three feet high, only the top of the wall would be planted. Plantings in these
areas are expected to drape over the crib wall to help obscure views of the crib wall. No
permanent lighting is proposed as part of the project.
2. Component 2 -Construction of a Shoreline Protection Wall
The shoreline protection wall would be located along the south side of the sewer access road and
would extend approximately 1,800 feet from manhole numbers 10 to 19 (Figure 1). The
proposed shoreline protection wall (Figure 6) has been designed to incorporate the surrounding
visual characteristics of Agua Hedionda Lagoon. Specifically, the wall would include a sculpted
face colored and textured to simulate a natural bluff adjacent to the lagoon edge. Generally, the
top of the shoreline protection wall would be approximately 0.5 to 1.0 foot above the manholes
and access road. The height of the manholes in relation to the shoreline varies and therefore, the
height of the wall, in relation to the shoreline, would vary from no exposed wall to a maximum
of 5.5 feet of exposed sculpted wall (Figures 2B-2D).
The shoreline protection wall is proposed at a constant offset from the centerline of the existing
sewer alignment and would be constructed with a drilled pier foundation ( also referred to as a
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cast-in-drilled-hole [CIDH] pier wall or auger cast pile wall). The drilled pier foundation
consists of 24-inch diameter, structurally-reinforced piers spaced on 6-to 8-foot centers, with the
clear space between the drilled piers in-filled with structural concrete. The foundation would
extend to the stable subsurface bedrock (approximately 5 to 30 feet below existing grade
elevation). The face would extend approximately two feet above mean high tide elevation and
an additional two feet below the existing grade elevation. Cable railing anchored into the
shoreline protection wall is proposed where the height of the wall would exceed 30 inches from
the shoreline.
3. Component 3 -Sewer Pipeline hnprovements
Two portions of the sewer pipeline alignment require relocation to allow permanent access
without disrupting existing land uses. As shown on Figure 2D, manhole number 20 (Figure 1)
and approximately 70 feet of sewer pipeline are currently located within a private volleyball
court, which was constructed on top of the existing sewer easement. Manhole number 20 would
be abandoned and a new manhole (MHl) would be constructed outside of the private volleyball
court as a replacement. Realignment of the 70 feet of sewer and abandonment of manhole
number 20 would allow regular maintenance without disruption of the existing land use.
Between manhole numbers 22 and 24, two manholes (numbers 23 and 23A) and approximately
240 feet of sewer are within a private driveway, which has also been constructed over the
existing sewer easement. The proposed project would construct a new sewer pipeline and two
manholes (new manholes numbers 2 and 3) in that stretch to allow improved access from Cove
Drive along the alignment. The City might also abandon two manholes and the existing sewer
segment if it is determined in the detailed design phase that lateral connections could be made to
the new alignment.
Other proposed improvements to NARI include construction of two residential lateral
connections that would provide sewer service to two residential lots planned for development
west of manhole number 19. Currently no connections are available within these existing lots.
The lateral connections would be constructed entirely within the existing sewer easement right-
of-way and tie into manhole number 19.
All proposed sewer line improvements would be implemented at the same time as the access
road and shoreline protection wall construction.
4. Component 4 -Rehabilitation of Existing Manholes
The proposed project includes rehabilitation of a number of manholes by lining and structural
concrete patching of deteriorating concrete. Conventional slip-lining techniques or in-situ epoxy
grouting would be conducted to repair minor cracks in the sewer pipeline without excavation.
These procedures would take approximately 30 days to complete and would be conducted after
construction of the access road and shoreline protection wall. This repair work would extend the
service life of the existing sewer pipeline and help prevent future failure, collapse and leakage of
wastewater from occurring.
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5. Component 5 -Future Maintenance and Operation Activities for the Sewer Pipeline
Facilities
The City's Public Works Department would perform routine maintenance on the sewer pipeline
and associated manholes. Manhole number 20 (Figure 1 ), and potentially manholes 23 and 23A,
would be abandoned as part of the proposed project and no future maintenance would be
performed for these manholes.
Routine maintenance by the City would require the use of a vacuum/water jet pump vehicle to
clean accumulated debris from the sewer pipeline and manholes. The City currently uses a
Vactor truck with a gross vehicle weight of 36,000 pounds for this purpose. Other routine
maintenance would include regular inspection of the access road, shoreline protection wall, cable
railing and drainage swale. These tasks would also be performed by City of Carlsbad Public
Works personnel on a quarterly (at maximum) or bi-annual basis and would consist of the
following:
Maintenance and Operation Activities
•
•
•
•
•
•
•
•
Minor grading, including the addition of decomposed granite to renew the road grade to
match existing manholes;
Inspection of manholes and manhole covers;
Removal of any graffiti in accordance with the City's anti-graffiti program;
Repair/replacement of cable railing;
Removal of debris/trash from the swale;
Manual weed removal along the access road; .
Cleaning of culverts and catch basins to remove debris and sediment; and
Vacuum/jet cleaning of sewer pipeline with vactor truck.
Due to the proximity of sensitive biological resources to the sewer alignment, the City has
committed to maintaining and operating the NAHI in a manner that would avoid or minimize
impacts during future activities. Guidelines for conducting maintenance and operation activities
include the following:
Maintenance and Operation Guidelines
• Maintenance would be scheduled outside of the gnatcatcher breeding season (March 1
through August 15) to avoid noise impacts to breeding wildlife occurring near the project
site. However, visual inspections of the manholes and sewer pipeline might occur on a
monthly basis throughout the year.
• Storage of any equipment or parking of any vehicles would be located within the City's
sewer easement.
• Maintenance vehicles and equipment would not idle for more than 15 minutes when not . . m service.
• Any spills of hazardous materials would be reported to appropriate entities, including but
not limited to the City, USFWS, CDFG, RWQCB. Such spills would be cleaned up
immediately and contaminated soils removed offsite.
• Loose soils, debris, and trash would not be stockpiled along adjacent upland areas or
within drainages or waterways.
EIR 03-02/SUP 04-01/HM!.-02-NAHI-WEST
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•
•
6.
Exotic plant species would be removed from the site to the extent feasible .
Weed removal would be performed manually. If herbicides are necessary, they would be
applied by a licensed agent.
Component 6 -Development of a Portion of the Citywide Trail System
The Agua Hedionda LCP and the City's General Plan identify a trail along the northern shore of
Agua Hedionda Lagoon. Re-establishment of the maintenance access road would implement a
portion of this trail system.
Access to the trail would be provided at Hoover Street and at Cove Drive. Trail amenities would
include signage describing trail rules and regulations, trash containers and pet waste disposal
facilities. All trail amenities would be located at each end of the newly designated trail segment:
at the end of the cul-de-sac at Hoover Street and near manhole number 19 (Figure 1 ). Vehicle
barriers would be installed at the western end of the proposed trail.
Wherever possible City trails are designed to. be compliant with the Americans with Disabilities
Act (ADA). The City's Trails Program contains guidelines for developing facilities that are
readily accessible and usable by individuals with disabilities. Compliance with ADA may
require amenities such as park benches, pop-out areas, and trail grades of less than five percent
slope. Much of the proposed NAHI-West trail would be ADA compliant. However, some
portions of the proposed trail would not be accessible because of slope steepness and habitat
constraints. In order to minimize significant impacts to known sensitive habitat and species
located adjacent to the trail, constructing a completely ADA compliant trail is not practicable
along the northern shore of the Lagoon. The footprint of an ADA compliant trail would be larger
than what is currently proposed and would result in additional impacts to sensitive habitat.
Trail easement designations are proposed where the City is acquiring a new sewer easement as
part of this project. In general, the trail easement would be coincident with the access road
where a shoreline protection wall is proposed (from approximately manhole numbers 10 to 19).
Future trail easements would have to be acquired through conditions of approval for future
development along the approximately 250-foot long section of shoreline east of the end of the
shoreline protection wall, since no development is currently proposed. This future trail easement
would connect to the existing trail extending west from the end of Cove Drive. In the future this
trail could connect to other trails.
The 10-foot wide maintenance access road, as proposed, is consistent with all trail design
requirements. The minimum width for bicycle/pedestrian trails is 10 feet in the Agua Hedionda
Land Use Plan. City requirements are the same. Maintenance of the proposed trail would be
performed by volunteers. The City would provide the trail amenities and would pursue outside
funding for assistance in maintaining the trail.
7. Project Construction
Project construction is expected to last up to 180 days and would be .conducted between August
16 and February 28 in order to avoid impacts to sensitive bird species. Under normal
circumstances, work activities would not be conducted within the coastal zone during the rainy
season; however, due to the seasonal restrictions associated with the sensitive bird species near
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March 2, 2005
Page 7
the project corridor, this may not be possible. In the event that work would be conducted during
the rainy season, Best Management Practices (BMPs) would be employed in accordance with the
requirements of the Regional Water Quality Control Board (RWQCB) to ensure that soil erosion
would not occur during construction. During construction, some grading of topsoil would occur
landward of the access road in order to create 2: 1 slopes designed to prevent erosion post-
construction. Upon completion of the proposed project, the shoreline protection wall would
strengthen the shoreline, reducing further erosion of the banks of the lagoon.
Re-establishment of the maintenance access road, construction of the shoreline protection wall
and relocation of a length of pipeline might involve the use of the following equipment: cranes,
excavators, front end loaders, delivery (dump) trucks, soil compactors, pumps for dewatering,
desilting tanks and/or graders. The contractor performing the work would first remove existing
vegetation along the project corridor, then excavate along the shoreline to install the shoreline
protection wall. After backfilling behind the shoreline protection wall, the contractor would
grade the roadbed, compact the soils and install the road surface aggregate. Sewer
improvements, including relocation, construction of sewer laterals and new manhole installation,
in the vicinity of the eastern project terminus would be accomplished via open trenching.
To implement the proposed project, the City would need to acquire new utility access easements
along portions of the sewer alignment (Figures 3A-3C) where they currently do not exist. The
City would notify all property owners, prior to commencement of work of the upcoming work
schedule and to request that any vegetation or structures installed by the property owner within
the City's easement be removed.
8. Staging Areas and Access
A total of three staging areas are proposed as part of the project. Each would be approximately
50 feet by 50 feet in size and would occur in developed or disturbed areas. The westernmost
staging area would be located south of the Hoover Street terminus near manhole number 10
(Figure 3A). The other two staging areas would be located north of manhole number 14 and
manhole number 19 (Figures 3B and 3C).
A temporary construction easement would be required to construct the proposed project (Figures
3B and 3C). An additional 10 feet beyond the permanent impact area on the landward side and
an additional 5 feet on the lagoon side is proposed for the temporary construction easement.
(The permanent impact area varies along the alignment. Therefore, the width of the temporary
construction easement as measured from the edge of the proposed permanent easement also
varies.) Access to the project area from the west can be gained from Harrison and Hoover
Streets. Access to the eastern portion of the project area can be gained from Cove Drive.
B. Project Background/History
The NAHI sewer pipeline was constructed by the City in 1965. The pipeline starts at the
intersection of El Camino Real and Cannon Road. From there it runs west across Agua
Hedionda Creek, along the north shore of Agua Hedionda Lagoon to an existing pump station
(Foxes Landing Lift Station) located just east of Interstate 5 (I-5). The pump station conveys
wastewater in a pipeline under I-5, and the NAHI sewer flows westerly an additional 2,000 feet
(approximately) to its terminus into a large interceptor paralleling the railroad right-of-way. For
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purposes of this project the western segment of the NARI (NARI-West) sewer pipeline consists
of the portion extending from manhole number 25 (located west of Cove Drive) westward to the
Foxes Landing Lift Station (Figure 1). That portion of the pipeline is approximately 3,800 feet
in length.
The pipeline is considered to be generally in good condition. However, the maintenance access
road has deteriorated substantially as a result of wave, water, and wind-driven erosion. The
original construction of the NARI-West segment included an unpaved access road which
extended from Hoover Street to the current location of Jose's Boat Launch (near Cove Drive) and
rip-rap along the shoreline to protect the access road. However, over time, disappearance of
portions of the original access road and rip-rap shoreline reinforcement have occurred.
Consequently, routine maintenance and inspection of the sewer pipeline and associated manholes
are no longer possible. Some of the manholes are currently exposed to tidal fluctuations. In the
event of an emergency ( e.g., a sewer line blockage or breach), access to those portions of the
sewer alignment would be substantially impaired. Access to several manholes has also been
further precluded by the construction of a private volleyball court and driveway on top of the
sewer alignment near Cove Drive. Thus, the current condition of the line includes exposed
manholes and no access for maintenance.
The original maintenance access road also served as an informal trail which allowed public
access to the lagoon. However, erosion of portions of the access road and overgrowth of
vegetation have limited the use of the road as a walking trail. In 1982, the City of Carlsbad
formally identified a need for a future trail to be located along the north shore of the lagoon in its
Agua Hedionda Lagoon Land Use Plan and Local Coastal Program (LCP) and in the City's
General Plan. The policies contained in the LCP address shoreline access needs for both
bicyclists and pedestrians.
Preliminary studies for the proposed project were accomplished between 2001 and 2003. The
project description was developed in early Spring 2003. Primary project objectives include:
C.
• to protect the sewer pipeline from future failure, collapse, or leakage resulting
from shoreline erosion;
• to establish access to conduct regular maintenance;
• to provide reliable sewer service to existing and planned development;
• to avoid impacts to biological resources to the maximum extent practicable during
construction and future maintenance and operation activities;
• to preserve lagoon aesthetics; and,
• to develop a trail consistent with the Agua Hedionda LCP and the General Plan.
Site Description
The project site (the existing sewer alignment) is located along the north shore of the Agua
Hedionda Lagoon. The general area contains some steep slopes, including some "dual criteria"
(i.e. 25% or greater with habitat) slopes and some relatively flat areas (near the eastern and
western end of the proposed project).
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Vegetation cover along the lagoon includes a mixture of coastal sage scrub on the slopes and
wetlands habitat types, including intertidal rocky beach, mudflats, and salt marsh. Eight native
plant communities or habitat types were identified on the site: open water, intertidal mudflat,
intertidal rocky shore, southern coastal salt marsh, disturbed southern coastal salt marsh,
disturbed southern willow scrub, coastal sage scrub, and disturbed coastal sage scrub. Five
altered or non-native plant communities were identified: annual (non-native) grassland,
eucalyptus woodland, ruderal habitat, ornamental plantings, and disturbed habitat. Elevations
range from 0-feet to 10-feet above mean sea level (MSL). The project site also contains two
unvegetated ephemeral stream channels. These two channels do not support wetland vegetation,
but do support vegetation consistent with surrounding uplands. Both are non-wetland waters
considered sensitive resources. Two pairs of California gnatcatchers were found on the project
site. Salt marsh skippers were also observed on the site.
The majority of the properties in the project area (starting on the western end) have an RLM
(Low-Medium Density Residential) General Plan designation and R-1-15,000 (Single-Family
Residential with 15,000 square-foot minimum lot size) zoning. At the eastern end of the project
area there are several properties that have an RM (Medium Density Residential) General Plan
designation and R-1-15,000 zoning. One property (the site of the existing Jose's Boat Landing)
has a TR (Travel Recreation) General Plan designation and R-T (Residential Tourist) zoning.
The north shore of the lagoon is developed with mostly residential development and related boat
launches and ornamentally landscaped areas.
IV. ANALYSIS
The project is subject to the following regulations and requirements:
A. Carlsbad General Plan;
B. Zoning regulations (Carlsbad Municipal Code);
C. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the
Carlsbad Municipal Code);
D. Habitat Management Plan;
E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, and
the Agua Hedionda Lagoon Local Coastal Program Segment (Chapters 21.201 and
21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); and
F. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendation for approval for this project was developed by analyzing the project's
consistency with the applicable City regulations and policies. The project's compliance with
each of the above regulations is discussed in detail in the sections below.
Regulatory Compliance
A. General Plan
The proposed sewer line, access road, and activities related to the sewer line are allowed in all
General Plan Land Use designations. The proposed public facilities project is consistent with the
Land Use Element of the General Plan as discussed in Table 1 below.
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Table 1 -GENERAL PLAN CONSISTENCY
USE, GOAL, PROPOSED USES OR
OBJECTIVE, OR IMPROVEMENTS
ELEMENT PROGRAM
Land Use, Growth A. "A City which Rehabilitation of an
Management & Public ensures the timely existing sewer line and
Facilities provision of adequate access road
public facilities and
services ... II
Land Use, Growth B. "A City that Rehabilitation of an
Management & Public responsibly deals with existing sewer line and
Facilities the disposal of solid access road
and liquid wastes."
B. Zoning
CONSISTENT?
Yes
Yes
The properties through which the NAHI-West sewer line runs are zoned R-1-15,000 and R-T.
All of the components of the proposed public facilities project are allowed within all of the zones
in the project area. Pipelines and similar types of facilities are considered infrastructure rather
than "land uses" under City regulations and, thus, do not require any discretionary permits other
than the requested Floodplain SUP and a Coastal Development Permit which would be issued by
the California Coastal Commission. Therefore, the proposed project is consistent with all
applicable zoning designations.
C. Special Use Permit Regulations -Floodplain
Projects located within any area of special flood hazards must obtain approval of a Special Use
Permit (SUP) by the floodplain administrator (the City Planning Commission). The intent of
these regulations is to promote the public health, safety, and welfare and to minimize public and
private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the
cumulative effect of obstructions in areas of special flood hazards which increase flood heights
and velocities, and when inadequately anchored, damage uses in other areas."
As shown on Figure 7, portions of the proposed project site are within the 100-year floodplain
( an area of land that would be inundated by a flood having a one percent chance of occurring in
any given year). The proposed project involves re-establishment of an access road, construction
of a shoreline protection structure, relocation of a portion of sewer pipeline, rehabilitation of
manholes, and development of trail amenities. These activities will require grading and
construction within the 100-year floodplain. However, the project components occurring within
the floodplain would not be expected to impede or redirect flows because the project components
would be placed underground or relatively flush with existing contours. The proposed project
would not measurably alter the existing 100-year floodplain boundary and would not require any
variance from the Floodplain Regulatipns. Therefore, the proposed project would be in
compliance with the Floodplain Management Regulations.
BIR 03-02/SUP 04-01/HMP,-02-NAHI-WEST
March 2, 2005
Page 11
D. Habitat Management Plan
The project site is part of Core Area 4 of the Habitat Management Plan (HMP). Core Area 4
includes the Agua Hedionda Lagoon and upland habitats immediately east of the lagoon. The
portion of Linkage F (between Core Areas 4 and 6) is an approximately 1.5-mile stepping-stone
linkage containing moderately fragmented coastal sage scrub and grassland habitats.
Although not part of a large block of coastal sage scrub, the project site has adequate live-in
habitat for gnatcatchers. Due to its location and surrounding residential development, the habitat
present within the project site is not connected to any substantial natural terrestrial habitat.
These areas likely function more as a buffer for water birds using the area than as a movement
corridor for upland species. The intertidal area is also not likely to function as a movement
corridor as it is bounded on both the east and west ends by marinas. Thus, the site probably
functions as part of a "stepping stone" linkage through the city.
The proposed project is one that was anticipated by the City's Habitat Management Plan. The
project is listed in Appendix B ("City Projects Covered by Proposed City Lands Mitigation
Bank") of the HMP. Therefore, the project is consistent with and covered by the Habitat
Management Plan.
E. Coastal Development Regulations
The project area is a linear portion of numerous parcels on the north side of the Agua Hedionda
Lagoon. The entire project area is within the California Coastal Commission Permit Area.
Therefore, if the Planning Commission certifies the BIR and approves the requested SUP and
HMPP, the project will then be submitted to the California Coastal Commission to request
approval of a Coastal Development Permit.
The project site is entirely within the boundaries of the Agua Hedionda Lagoon Land Use Plan
(AHLUP). The AHLUP contains several policies relevant to the proposed project. Public
Works Policy 5.9(c) requires that public access trails to and along the lagoon be provided
consistent with the Pedestrian Access Plan (Exhibit J in the AHLUP) where feasible. The
proposed project includes a pedestrian access trail that is consistent with the Pedestrian Access
Plan. The AHLUP also states that the public's right of access to the water areas can partially be
provided for by utility easements and leasehold interests held by the City. Additional vertical
and lateral access ways would be acquired through agreements with property owners or as
conditions of approval on proposed developments.
Shoreline Access Policies 7.1 through 7.9 address the requirements for bicycle and pedestrian
access ways, trails, accessory facilities, and signage. Those policies require that access along the
north shore be as continuous as possible, that access ways allow reasonable use by bicyclists as
well as pedestrians, and that access ways incorporate adequate signage, inviting design, and
adequate buffers to minimize conflicts with adjacent private property. The proposed project trail
would be continuous for the length of the proposed project and would be usable by bicyclists and
pedestrians. The proposed trail would also include appropriate signage as well as pet waste
facilities and trash containers at each end of the trail segment. The proposed trail would also
satisfy the AHL UP minimum trail width requirement of 10 feet for bicycle trails.
-EIR 03-02/SUP 04-01/HMP 04-02-NAHI-WEST
March 2, 2005
Page 12
The AHLUP (Exhibit K in the AHLUP) also identifies the location of protected public vista
points. That exhibit shows vista points at the southern terminus of Hoover Street and at the
southern terminus of Cove Drive. At the southern terminus of Hoover Street, an approximate
two-foot-high sea wall is proposed at approximately 215 feet down slope from the road, at the
edge of the lagoon. At the southern terminus of Cove Drive, no walls are proposed. Therefore,
the proposed project would not interfere with the preservation of those vista points.
The Coastal Resource Protection Overlay Zone is intended to supplement the underlying zone by
providing additional resource protection regulations within designated areas to preserve, protect,
and enhance the habitat resource value of lagoons and sloping hillsides. This overlay zone
(Chapter 21.203 of the Carlsbad Municipal Code) generally requires that steep slopes (25% or
greater slopes) and "dual criteria" slopes (25% or greater slopes containing habitat) be preserved
in open space. The project will impact these dual criteria slopes. However, Section
21.203.040.A.l.a specifically exempts the development of utility systems from this open space
preservation requirement. Approximately one-third (0.8-acre) of the total project area (3.2 acres)
contains slopes of25% or greater. Of the total 0.8-acre of steep slopes, 0.7-acre are dual-criteria
slopes. Of the dual criteria area, 0.1-acre would be permanently impacted while 0.6-acre would
be temporarily impacted but restored in place.
Section 21.203.040.3 allows the development of steep slope areas without sensitive habitat
subject to the findings contained in Table 2 below.
Table 2 -COASTAL RESOURCE PROTECTION OVERLAY ZONE
FINDING RESPONSE
That a soils investigation be conducted to Retaining walls are proposed on slopes. However,
determine that the site slope areas are a Geotechnical analysis has determined that the
stable and that grading/development slope areas are sufficiently stable for the proposed
impacts are mitigable for at least 75 years project, and the EIR has concluded that all
or the life of the structure. grading/development impacts are mitigable.
That grading of the slope is essential to The project generally entails the reestablishment of
the development of the site. a sewer line and access road that currently exists
on 25% or greater slopes in the Coastal Zone.
Therefore, the proposed grading is essential to the
proposed project.
That slope disturbance will not result in Per EIR 03-02, any damage or alteration to habitat
substantial damage or alteration to major or vegetation would be mitigated to a level of less
wildlife habitat or native vegetation. than significant; and the proposed project is
consistent with the HMP as discussed in Section E
of this report.
For projects of 10 acres or less in size and The EIR for the project concluded that, due to
which are predominated by steep slopes, existing disturbance and development of the area,
that grading may be allowed only if no the project site does not serve as a wildlife
interruption of significant wildlife corridor.
corridors occurs.
EIR 03-02/SUP 04-01/HMPl-02 -NAHi-WEST
March 2, 2005
Page 13
FINDING RESPONSE
No grading of steep slope areas will be Per EIR 03-02 all environmental impacts will be
permitted unless all environmental mitigated.
impacts have been mitigated.
The proposed project (and the EIR prepared for it) anticipates grading occurring during the rainy
season. The project would have a nesting season grading prohibition, making grading during the
ramy season necessary.
F. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the Northwest
quadrant of the City. The project does not create new development. It involves only
maintenance/rehabilitation of existing infrastructure and creation of a trail. The existing
infrastructure is necessary to serve existing and anticipated development in the City. Therefore,
the project will not have any growth impacts.
V. ENVIRONMENTAL REVIEW
An Environmental Impact Report was prepared for the NAHi-West project in accordance with
the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR
addresses the environmental impacts associated with all applications for the proposed project. A
Notice of Preparation (NOP) was issued and published in May 2003. The NOP was distributed
to all Responsible and Trustee Agencies, other agencies, and members of the public (including
all owners of properties underlying the NAHi sewer line) and a public scoping meeting was held
on May 22, 2003. At the public scoping meeting, the public was presented a project description
and was invited to provide written comments on the scope and content of the EIR. The NOP,
accompanied by a cover letter, detailed project description and related graphics, was also sent to
each of the directly affected property owners in May 2003. In that cover letter, staff invited
affected property owners to contact staff directly if they wished to meet with staff about the
project and/or their concerns. Several property owners did subsequently meet with staff for
individual discussions. Four comment letters were received in response to the NOP.
The NARI-West EIR analyzes the impacts of the following areas of potential impacts:
Aesthetics
Biological Resources
Cultural Resources
Geology and Soils
Hydrology and Water Quality
The EIR also includes other sections required by CEQA, such as an Executive Summary, Project
Description, Long Term Effects (Cumulative, Growth Inducing, Significant Irreversible and
Unavoidable, and Not Significant), and Alternatives. Project Alternatives analyzed include: a)
No Project; b) Sand Replenishment; c) Segmented Access Road; and d) Pump Station/Force
Main alternatives.
EIR 03-02/SUP 04-01/HMP,-02-NARI-WEST
March 2, 2005
Page 14
A Notice of Completion (NOC) was published on February 18, 2004, starting a 45-day public
review period for the Draft EIR. ill addition, staff also sent a copy of the NOC and a copy of the
DEIR and Technical Appendices to all directly affected property owners by certified mail. The
45-day public review period ended on April 7, 2004. One comment letter was received in
response to the DEIR. The DEIR concluded that potentially significant impacts would occur for:
Aesthetics, Biological Resources, Cultural Resources, Geology and Soils, and Hydrology and
Water Quality. The DEIR further concluded that the combination of project design features
already incorporated into the project and mitigation measures would reduce all impacts to less
than significant for all issue areas. Based on the Initial Study and NOP, effects were not found to
be significant for the following areas: Agricultural Resources, Air Quality, Hazards and
Hazardous Materials, Land Use and Planning, Mineral Resources, Noise, Population and
Housing, Public Services, Recreation, Transportation/Traffic, and Utilities and Service Systems.
The four alternatives to the proposed project are described in the EIR and summarized below.
Each of the · alternatives was evaluated based on the project objectives and reduction or
elimination of significant adverse effects on the environment compared with the proposed
project. Various design concepts for the shoreline protection and access road components of the
project were considered in the course of project design. These designs differ from the proposed
project in terms of construction methodology, structural integrity, and size of overall
development footprint; however, none were found to reduce or eliminate any significant adverse
effects of the proposed project without adding other potentially significant impacts.
The project alternatives and conclusions are as follows:
1. The No Project Alternative would consist of continued use of the existing NARI in its
current condition. This alternative would not fulfill any of the project objectives.
2. The Sand Replenishment Alternative involves the re-establishment of an access road
identical to the proposed project. The entire sewer alignment and associated manholes
would be accessible for ongoing maintenance and operation activities. The access road
and sewer would be protected from shoreline erosion through placement of sand on the
lagoon side of the road. A 2: 1 slope would be created and ongoing sand replenishment
activity would be required as the placed sand gradually erodes into the lagoon. The City
considered sand replenishment as a means of shoreline protection in order to avoid the
visual impacts that are typically associated with permanent structures, like a sea wall.
However, maintenance efforts would be greater with the sand replenishment alternative,
as the sand would need to be continually replenished. ill addition, greater wetlands
impacts would be incurred due to the placement of sand in areas currently supporting
wetlands habitats.
3. Under the Segmented Access Road Alternative, the City would construct a total of four
perpendicular spur roads from Adams Street to conduct maintenance on the manholes and
sewer pipeline. Each spur road would be a 12-foot wide paved road with a turnaround
area at each terminus. Temporary impacts resulting from cut/fill slopes would occur but
cannot be identified without detailed engineering design. The City considered this type
of access road design in order to reduce the lineal feet of road required to maintain the
NARI and to shift the road away from the lagoon shoreline. This alternative would
provide City maintenance crews with direct access to 15 of 20 existing/new manholes,
EIR 03-02/SUP 04-01/HMP,-02-NAHI-WEST
March 2, 2005
Page 15
-
which would allow cleaning of the entire sewer alignment. The five manholes, which
would not be directly accessible, would require one-time temporary access for
rehabilitation but would not be further maintained. The City would also need to construct
a cast-in-drilled-hole (CIDH) pier wall similar to the one identified for the proposed
project, as a means of shoreline protection. This alternative would result in increased
impacts to aesthetics, sensitive upland biological resources, and water quality, but
decreased impacts to sensitive wetlands biological resources. This alternative also would
not provide a public trail ( one of the objectives of the project and a requirement of the
AHLUP).
4. The fourth alternative was the Pump Station/Force Main Alternative. The NAHi is a
gravity sewer pipeline and is located at a lower elevation than its surrounding service
area. It would be possible to avoid conveying sewage through the portion of NAHi
within the project study area by pumping and conveying sewage flows through an
alternative route. A pump station, force main, and numerous individual residential
pumps would be required and these facilities could be constructed in roadways or other
developed or disturbed areas. The locations for both the pump station and force main tie-
in are based on existing land uses and the absence of sensitive biological resources. For
purposes of this analysis, it was presumed that a pump station would be located at Cove
Drive and the force main tie-in would occur at Hoover Street near manhole number 10.
Other pump station and force main tie-in locations may be available, yet all locations
would result in a similar set of environmental impacts and therefore only one scenario is
analyzed. A portion of the existing gravity sewer would be retained and require ongoing
maintenance; however, this portion would be small and the majority of the gravity sewer
alignment, including all portions subject to severe shoreline erosion, would be
abandoned. Abandonment would require repair of existing corroded manholes and
sealing of the sewer pipeline. These activities would require one-time temporary access
to the various manholes on the gravity sewer alignment. This alternative would generally
avoid impacts to sensitive biological and cultural resources; however, other impacts
associated with this alternative that were not previously identified for the proposed
project might occur, including air quality, hazardous waste, land use, and noise. Long-
term air quality impacts are anticipated due to the greater consumption of energy required
to pump sewage and for the burning of diesel fuel to power emergency generators during
a power loss. The transport and storage of chemicals and other hazardous materials,
which pose a risk to human health, would occur under this alternative. Additional
acquisition of rights-of-way solely for the pump station facility would be required and
land uses adjacent to the pump station might be affected. Greater noise impacts would
also be anticipated with this alternative as a result of the operation of the pumps. While
none of these impacts would be considered significant and unmitigable, they do represent
an overall increase in environmental impacts when compared to the proposed project.
This alternative also would not provide a public trail (one of the objectives of the project
and a requirement of the AHL UP).
No comments that required a change in the design or evaluation of the proposed project were
received in response to the DEIR. However, the applicant did make modifications to the project
design based upon comments received from State and Federal agencies in response to
applications for other permits after the EIR public review period closed. In March, 2004 the City
requested that the EIR Consultant (Dudek) prepare draft applications for wetlands impact permits
EIR 03-02/SUP 04-01/HMP,-02-NAHI-WEST
March 2, 2005
Page 16
from the U.S. Army Corps of Engineers (ACOE), California Department of Fish and Game
(CDFG), Regional Water Quality Control Board (RWQCB), and California Coastal Commission
(CCC). As part of those applications, the consultant prepared a Water Quality Technical Report
(WQTR) to address final design of the drainage features of the proposed project. Through that
process an improved design was achieved.
The project design was modified to change the road slope direction from draining toward the
lagoon to draining toward the cut slope/crib wall side of the road, and a two-foot wide bio-
filtration grassy swale replaced the previously proposed 18-inch wide concrete gutter along the
entire length of the proposed access road. These design changes initially resulted in greater
impacts to upland habitats (approximately 0.2 acre of coastal sage scrub) and aesthetics with
approximately 50% larger cut slopes and crib walls. However, the new additional impacts were
reduced to pre-design change levels by decreasing the road width from a 12-foot wide road of
decomposed granite plus an 18-inch wide concrete gutter (total 13.5 feet wide) to a ten-foot wide
road of decomposed granite plus a two-foot wide bio-filtration grassy swale (total 12 feet wide).
Although the final (revised) design resulted in a different configuration of cut slopes and crib
walls from the project design described in Final EIR 03-02, the impact footprint for biological
resources and the wall dimensions for aesthetics remained unchanged. Because only minor
technical changes or additions were necessary to make the EIR under consideration adequate and
the changes and additions to the EIR did not raise important new issues about significant effects
on the environment, the design changes did not require modification and recirculation of the EIR.
Therefore, an Addendum to the EIR was prepared. Although recirculation was not required, a
copy of the Addendum was sent to all Responsible Agencies and to the directly-affected property
owners.
The project EIR concluded that the proposed project could result in potentially significant
impacts to aesthetics, biological resources, cultural resources, geology/soils, and
hydrology/water quality. However, all identified impacts would be reduced to a less than
significant level through the incorporation of project design features (i.e., design features built
into the design of the project) and mitigation measures.
ATTACHMENTS:
1. Figure 1 -"Aerial Photograph with Sewer Line & Manhole Numbers"
2. Figures 2A, 2B, 2C, 2D -"Project Components Index Map" and "Project Components
Maps"
3. Figures 3A, 3B, 3C-"Easements & Sewer Replacements"
4. Figure 4 -"Profiles of Crib Walls"
5. Figure 5 -"Typical Crib Wall"
6. Figure 6-"Access Road & Shoreline Protection Wall Section with Crib Wall"
7. Figure 7 -"100-Year Flood Plain"
8. Planning Commission Resolution No. 5856 (EIR 03-02)
9. Planning Commission Resolution No. 5857 (SUP 04-01)
10. Planning Commission Resolution No. 5858 (HMP 04-02)
11. Location Map
12. Disclosure Statement
POOR
QUALITY
ORIGINAL S
BASE PHOTO SOURCE: AERIAL ACCESS LLC, JAN/MAR 2002
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North Agua Hed1onda Interceptor Western Segment -Staff Report 5 . I FIGURE I
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EIR 03-02/SUP 04-01/HMP 04-02
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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 indiv:idua( 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 ot other political subdivision or any other gr0up or combination acting as a unit." ·
Agents may sign this document; however, the legal name and entity of-· the applicant an4, property. owner must be .
provided below. ·
1. 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 cornoration 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 (NI A) IN THE SPACE BELOW If a publicly-owned cornoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.) ·
Person mo.,k &1s#~ Corp/Part ,1 IJ,, &J-~ks
Title /lssoc:.11"Af<1 /5'1,j'l?l!P Title ___________ _
Address ------------Address _____________ _
2. 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, ~orporation, etc.). If the ownership includes a
cornoration 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 (NIA) IN THE SPACE BELOW. If a publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person. ____________ _ Corp/Part'---------------
Title ____________ _ Title ______________ _
Address ___________ _ Address _____________ _
1 635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @
3. NON-PROFIT OR&zATION OR TRUST •
If any person identified pursuant to (1) or (2) above is a nonprofit organization 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 --------------------Tit 1 e ____________ _ 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?
D Yes, 0No Ifyes,pleaseindicateperson(s): ______________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
f-28--03
Signature of owner/date
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