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HomeMy WebLinkAbout2017-05-03; Planning Commission; ; CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: February 15, 2017 P.C. AGENDA OF: May 3, 2017 Project Planner: Pam Drew Project Engineer: Jeremy Riddle SUBJECT: CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 – Request for approval of a Coastal Development Permit to construct approximately 3,170 linear feet of 8-inch diameter and 1,460 linear feet of 6-inch diameter polyvinyl chloride (PVC) pipeline, a recycled water fill station and fixtures within the Mello I, Mello II and West Batiquitos Lagoon/Sammis Properties segments of the City’s Coastal Zone located within portions of the public rights-of-way on Avenida Encinas, Ponto Drive and Navigator Circle within Local Facilities Management Zone 9. The project is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project costing $100,000 or more is appealable to the Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7241 APPROVING Coastal Development Permit CDP 2017-0007 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Carlsbad Municipal Water District (CMWD) started its recycled water program in 1990 with Phase I, and by 1995 CMWD served over 1,000 acre-feet per year (afy) of recycled water. In 2000, Phase II was implemented with the construction of the 4-million gallons per day (mgd) Carlsbad Water Recycling Facility (CWRF). Phase II was completed in 2008 and increased service to approximately 4,000 afy. The Phase III Program began in 2012 with the preparation of feasibility and environmental studies to expand the CWRF, install 18 miles of new pipeline, and construct a 1.5 million gallon storage tank. Only the storage tank and 8 miles of pipeline remain to be constructed. Pipeline Expansion Segment 9 is located within existing rights-of-way along three streets in southwest Carlsbad: Avenida Encinas (south of Poinsettia), Navigator Circle, and Ponto Drive. This project includes the installation of approximately 3,170 linear feet of 8-inch diameter and 1,460 linear feet of 6-in diameter polyvinyl chloride (PVC) pipeline, as well as a recycled water fill station located on the north side of Ponto Drive, just east of the intersection with Ponto Road, that will have a connection point, with a cover, bollards, and fixtures. Recycled water in these pipeline segments will be sold to customers for landscape irrigation and used by the city in various maintenance vehicles such as Vactor vacuum trucks, street sweepers and water trucks. 4 CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 May 3, 2017 Page 2 III. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan; B. Coastal Development Regulations for the Mello I, Mello II and West Batiquitos Lagoon/Sammis Properties Segments of the LCP and the Coastal Resource Protection Overlay Zone (Chapters 21.201 and 21.203 of the Zoning Ordinance); and C. Growth Management (CMC Chapter 21.90). The recommendation for approval of 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. A. General Plan Land Use Designation The Land Use and Community Design Element requires that public facilities be provided in the city adequate for the projected population. The project complies with these provisions by installing missing sections of recycled water pipeline, within the public rights-of-way designated by the City of Carlsbad General Plan, dated September 2015, as Neighborhood Connector Street (Avenida Encinas) and Local/Neighborhood Streets (Ponto Drive and Navigator Circle), to provide recycled water to water landscaping in these three areas and for use in city maintenance vehicles. The project also complies with other General Plan goals and policies as outlined in Table A below: TABLE A: GENERAL PLAN COMPLIANCE ELEMENT STANDARD PROJECT COMPLIANCE? Sustainability Undertake measures to expand the use of recycled water for landscape irrigation and commercial and industrial process water (Water Conservation, Recycling and Supply Policy 9-P.5). To install approximately 3,170 linear feet of recycled water pipeline within the public rights-of-way, where missing links of pipeline are located, to allow for the use of recycled water for landscaping for the nearby HOA’s (i.e. common areas and residential yards), shopping center and businesses. Yes Sustainability Reduce the city’s reliance on imported water (Goal 9-G.4). Water recycling is a way to manage and conserve water resources by providing an alternative to potable water use for non-potable water needs. Yes CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 May 3, 2017 Page 3 B. Conformance with the Coastal Development Regulations for the Mello I, Mello II and West Batiquitos Lagoon/Sammis Segments of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The project site is located in the Coastal Zone and subject to policies of the Mello I, Mello II and West Batiquitos Lagoon/Sammis segments of the City of Carlsbad Local Coastal Program (LCP). The city’s determination on the Coastal Development Permit (CDP) is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code, which states any development which constitutes a major public works project costing $100,000 or more is appealable to the Commission. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance). The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello I, Mello II and West Batiquitos Lagoon/Sammis Local Coastal Program (LCP) Segments The project consists of the construction of a recycled water pipeline, a recycled water fill station, and fixtures on property located within the public rights-of-way. The project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor damage the visual beauty of the coastal zone as the recycled water pipeline will be underground and the recycled water fill station will be approximately 36 inches high consisting of a water connection point with a cover and bollards. The proposal is in conformity with public access and recreation policies of the LCP in that the proposed recycled water pipeline will be installed underground and the recycled water fill station will be approximately 36 inches high and, therefore, will not impact public access opportunities, recreational resources or obstruct views of the coastline as seen from public lands or the public rights-of-way; therefore, the visual beauty of the coastal zone will not diminish, nor will there be any impacts to coastal resources or public access. No agricultural uses currently exist on the site and the project is not located in an area of known geologic instability. Therefore the project is consistent with the Mello I, Mello II, and West Batiquitos Lagoon/Sammis segments of the LCP. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property is within the public rights-of-way and does not include steep slopes (equal to or greater than 25% gradient) nor native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. C. Growth Management The recycled water pipeline alignments are located within Local Facilities Management Zone 9. The zone 9 plan implements the Citywide Facilities and Improvements Plan and was adopted to ensure that growth occurs in concert with public facilities and service systems. The project will provide additional irrigation water to the three areas of the city thus reducing the use of potable water. CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 May 3, 2017 Page 4 Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as emergency services. IV. ENVIRONMENTAL REVIEW On November 27, 2012, the Carlsbad Municipal Water District (CMWD) adopted Resolution No 1455 adopting a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Phase III Recycled Water Project (EIA 12-02). This project is a sub-component (ES 9) of the Phase III Recycled Water Project and is subject to the Mitigation Measures (MM) that are identified in the MMRP. The project is within the scope of the prior environmental documents and no further environmental documentation is required per CEQA Guidelines Section 15162. All applicable mitigation measures contained in the prior environmental document have been made conditions of approval of the recommended CDP and will be incorporated into the construction documents. ATTACHMENTS: 1. Planning Commission Resolution No. 7241 2. Location Map 3. Mitigation Monitoring and Reporting Program – EIA 12-02 4. Reduced Exhibits 5. Exhibits “A” – “P”, dated May 3, 2017 P O NT O DRNAVIGATORCRDAISY AV LI NDENTRI- 5 S ANC A RLO S POINSETTI A L N NEPTUNEDRPORTAGEWY BUOY AVSAN LUCASPONTO RDPONTODR ORCHID WY CARLSBAD BL SAN BENITO P OPPYLN P OINS E TTIA VIL L A GEDYI-5 POINSETTI A S B ON RA MP A V ENI DAENCI NASLANTANATRCARLSBADSTATEBEACHDYAZALEAPLMAGELLANSTBATI QUI TOS D RLEEWARD STSANLUIS SEAFA R ER PLGABBI ANOLNW I N D R O SECRWHITEWATER ST PACIFICOCEAN E L C AMINO RE ALLA COSTA AV A L G A R DCARLSBAD BL CDP 2017-0007 Recycled Water Phase III Pipeline Segment 9 SITE MAP SITE EIA 12-02 Mitigation Monitoring and Reporting Program Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. CMWD Phase III Recycled Water Project (EIA 12-02) Page MMRP-2 November 2012 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks BIOLOGICAL RESOURCES Bio-1A Avoidance of Nesting Birds and Raptors. To prevent impacts to nesting birds, including raptors, protected under the federal MBTA and CDFG Code, the CMWD shall enforce the following: Prior to construction activities requiring the removal, pruning, or damage of any trees, shrubs, and man-made structures (e.g., buildings, bridges, etc.) during the general breeding season, that being from January 15 to September 15, the City shall retain a qualified biologist to perform a pre-construction survey to determine if there are any active nests within 500 feet of the areas planned for construction. The surveys shall take place no more than 30 days prior to the start of construction for a particular project component. If any active raptor nests are located on or within 500 feet of the areas planned for construction, or if any active passerine (songbird) nests are located on or within 300 feet of the areas planned for construction, the City shall retain a qualified biologist to flag and demarcate the locations of the nests and monitor construction activities. No construction activities shall occur until it is determined by a qualified biologist that the nests are no longer active and all nestlings have fledged the nest or until the end of the general breeding season, whichever occurs later. A qualified biologist shall confirm in writing that no disturbance to active nests or nesting activities would occur as a result of construction activities. Documentation from a qualified biologist consistent with these requirements shall be submitted to the City Planner for review and approval. A note to this effect shall be placed on the construction plans. Project Planning Division & Biological Monitor Bio-1B Pre-Construction Biological Resource Surveys. Prior to construction of project components ES 1, ES 2, ES 5, ES 8, and ES 9 that will occur within disturbed or developed land, but are sited immediately adjacent to an undeveloped open space area (i.e., an area supporting naturalized habitat, sensitive habitat, and/or habitat potentially suitable for special status species), the CMWD shall retain a qualified biologist to perform a pre-construction survey to verify existing biological resources adjacent to the project construction areas. The surveys shall take place no more than 30 days prior to the start of construction for a particular project component. The CMWD shall provide the biologist with a copy of the project plans that clearly depict the construction work limits, including Project Planning Division & Biological Monitor EIA 12-02 Mitigation Monitoring and Reporting Program CMWD Phase III Recycled Water Project (EIA 12-02) Page MMRP-3 November 2012 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks construction staging and storage areas, in order to determine which specific portion(s) of the project will require inspection of adjacent open space areas during the pre-construction survey. At minimum, the biologist shall perform a visual inspection of the adjacent open space area in order to characterize the existing habitat types and determine the likelihood for special status species to occur, including the coastal California gnatcatcher (Polioptila californica californica), migratory songbirds, and other bird species with the potential to breed in the area. The pre-construction survey results shall be submitted to the CMWD prior to construction in order to verify the need for additional construction measures proposed within Bio-1C through Bio-1F. Bio-1C Orange Construction Fencing. If it is confirmed through the implementation of mitigation measure Bio-1B that the project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the CMWD shall retain a qualified biologist to supervise the installation of temporary orange construction fencing, which clearly delineates the edge of the approved limits of grading and clearing, and the edges of environmentally sensitive areas that occur beyond the approved limits. This fencing shall be installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and mitigation identified. Temporary orange fencing shall be removed upon completion of construction of the project. Implementation of this measure shall be verified by the City Planner prior to and concurrent with construction. Project Planning Division & Biological Monitor Bio-1D Construction-Related Noise. Construction noise created during the general breeding season (January 15 to September 15) that could affect the breeding of the coastal California gnatcatcher, migratory songbirds, and other bird species associated with adjacent undeveloped areas shall be avoided. No loud construction noise (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the general breeding season (January 15 through September 15). If it is confirmed through the implementation of mitigation measure Bio-1B that the project could result in construction-related noise impacts to breeding birds during the general breeding season, the CMWD shall retain a qualified biologist to monitor the construction operations. The biological monitor shall be present to monitor construction activities that occur adjacent to the undeveloped open space area potentially supporting breeding birds. The monitor shall verify that construction noise levels do not exceed 60 dBA hourly average and shall have the ability to halt construction work, if necessary, and confer with the City Planner, USFWS, and CDFG to ensure the proper implementation of additional protection measures during construction. The biologist shall report any violation to the USFWS and/or CDFG within 24 hours of its occurrence. Project Planning Division & Biological Monitor EIA 12-02 Mitigation Monitoring and Reporting Program CMWD Phase III Recycled Water Project (EIA 12-02) Page MMRP-4 November 2012 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Bio-1E Construction Staging Areas. If it is confirmed through the implementation of mitigation measure Bio-1B that the project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the CMWD shall design final project construction staging areas such that no staging areas shall be located within sensitive habitat areas. The construction contractor shall receive approval by the City Planning & Engineering Divisions prior to mobilizations and staging of equipment outside of the project boundaries. Project Planning Division and Engineering Division Bio-1F Contractor Training. If it is confirmed through the implementation of mitigation measure Bio-1B that the project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the CMWD shall retain a qualified biologist to attend pre-construction meetings to inform construction crews of the sensitive resources and associated avoidance and/or minimization requirements. Project Planning Division & Biological Monitor HAZARDS AND HAZARDOUS MATERIALS Haz-1 Excavation Monitoring. During excavation activities for ES 2, ES 5, ES 8, ES 9, and ES 18, CMWD shall provide monitoring by an individual licensed in the State of California to assess soil conditions for the potential presence of contaminated soils. In the event of encountering hydrocarbon contaminated soils, these soils shall be properly tested, managed, and disposed of at a licensed facility in accordance with DEH requirements. Project Planning Division & Construction Monitor Haz-2 Construction Worker Health and Safety Work Plan. Prior to construction of ES 2, ES 5, ES 8, ES 9, or ES 18, CMWD shall have a project-specific health and safety work plan prepared and distributed to the construction workers to address the potential exposure to hazardous materials associated with working with or near contaminated soil. This work plan shall comply with all County of San Diego DEH work plan requirements including Community Health and Safety Planning to address physical hazards, site security, management of soil and water, and monitoring equipment. A description of engineering controls and measures that would be put in place to prevent and/or reduce the risks posed to site workers, public and the environment in the unlikely event of excavating contaminated soil from the construction area shall be provided in the work plan and submitted to the DEH for approval. The engineering controls and measures to be implemented if potentially contaminated soil is uncovered shall include, but not be limited to the following: 1) An exclusion zone and support zone shall be established prior to start and during excavation activities. No unauthorized personnel shall be allowed in these zones. Personnel authorized to work in these zones shall have the required training and qualifications including OSHA HAZWOPER training. Project Planning Division & Construction Contractor EIA 12-02 Mitigation Monitoring and Reporting Program CMWD Phase III Recycled Water Project (EIA 12-02) Page MMRP-5 November 2012 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 2) Written notifications shall be posted on the perimeter fencing in advance of start of excavation to notify the general public and hotel staff/operators of the nature and duration of work activities. The postings shall also include emergency contact names and telephone numbers. 3) No eating, drinking or smoking shall be allowed within the exclusion or support zones. 4) Site workers shall be required to wear personal protective equipment including gloves, dust masks or respirators, hard hats, steel toed boots, Tyvek® protective clothing, eye shield and ear plugs or ear muffs. 5) A decontamination zone shall be established for site workers to use prior to exiting the exclusion zone. 6) All excavated soil shall be underlain and covered by plastic or VisqueenTM ,if stored on site, to prevent or reduce off-gassing into the atmosphere and to protect the stockpile from erosion due to storm runoff. If on-site temporary storage becomes necessary, the stockpiles shall be placed downwind downstream of any sensitive receptors in the area. 7) All work shall stop if ambient air concentrations exceed acceptable thresholds as approved by the San Diego County DEH, and excavation shall be backfilled with inert soil or other material until concentration drop back to normal. 8) Exposure to dust and potential inhalation hazards shall be controlled by lightly spraying the excavated materials with clean water as they are stockpiled on site or as they are transferred to trucks for shipment offsite. A dust monitor shall be used on site to measure airborne dust during activities that are expected to generate dust. If dust levels exceed permissible exposure levels as set by OSHA standards, additional measures for dust control such as the use of industrial non-toxic dust suppressants shall be implemented. 9) Runoff around the excavation site shall be controlled by placing fiber rolls or other similar types of erosion and runoff control means to direct surface runoff and to protect the nearby downstream storm drains. 10) Vehicular and pedestrian traffic shall be directed away from the construction zone prior to and during excavation and follow-on activities in accordance with a traffic plan approved by the City of San Diego or City of Oceanside, as applicable, and in coordination with CMWD.