HomeMy WebLinkAbout2013-11-06; Planning Commission; ; EIR 03-05B|CDP 04-41A - DESALINATION PROJECT CHANGES
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: October 18, 2013
P.C. AGENDA OF: November 6, 2013 Project Planner: Pam Drew
Project Engineer: Sherri Howard
SUBJECT: EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES – Request for approval
of an addendum to Environmental Impact Report EIR 03-05(A) and an amendment to
Coastal Development Permit CDP 04-41 for the Desalination plant project to shift the
previously approved location of the 54-inch diameter pipeline approximately 600 feet to
the south of the intersection of Faraday Avenue and Cannon Road, within Macario
Canyon, and construct ancillary facilities east of Faraday Avenue, within the city’s future
Veterans Memorial park, in the Mello II Segment of the Local Coastal Program and in
Local Facilities Management Zone 8.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 7018 and 7019 APPROVING
an Addendum to Environmental Impact Report EIR 03-05(A) and an Amendment to Coastal
Development Permit CDP 04-41 based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Background:
In 2006 the City of Carlsbad approved an amendment to the Precise Development Plan (PDP 00-02) for
the Encinas Power Station (EPS) and certified the Carlsbad Precise Development Plan and Desalination
Plant Final Environmental Impact Report (FEIR) and approved a series of permits to allow Poseidon to
develop a 50 million gallon per day (MGD) desalination facility. As approved in 2006, several pipeline
routes would distribute product water from the Carlsbad Desalination Plant to the City of Carlsbad and
various local and regional water agencies, including the San Diego County Water Authority’s (SDCWA)
aqueduct. The FEIR analyzed multiple off-site pipeline alignments through portions of Carlsbad,
Oceanside, and Vista.
In particular, the pipeline in the area of Macario Canyon was analyzed as two options in the FEIR: one
using trenchless construction methods north of Cannon Road (on the lagoon side of the road) and the
other to hang the pipeline underneath the Cannon Road Bridge in the event that the trenchless option
was not selected.
In September 2009 the city, as lead agency, approved the first Addendum to the EIR and amendments to
many of the discretionary permits for the project. The Addendum analyzed changes to the footprint of
the desalination plant and off-site water conveyance facilities.
In 2011, Poseidon Resources, developer of the desalination plant and pipeline, began negotiating a
water purchase agreement with SDCWA. This agreement was approved in 2012. Under the agreement,
SDCWA will buy water from the plant for 30 years. Moreover, the Water Authority will own and operate
the water conveyance pipeline now under construction between the desalination plant and the agency’s
3
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
November 6, 2013
Page 2
aqueduct in San Marcos. Other miscellaneous improvements necessary to further convey the water
from the aqueduct to the Water Authority’s Twin Oaks Valley Water Treatment Plant north of San
Marcos, and ultimately distribute it to the regional water system, are the responsibility of SDCWA.
Though SDCWA will own and operate the pipeline, Poseidon Resources is responsible for its design,
construction and completion. Poseidon will also retain ownership of the desalination plant now under
construction at the Encina Power Station site, with the Water Authority having the option to purchase it
beginning 10 years after the date of commercial operation. Completion of the plant and pipeline is
anticipated in 2016. The Water Authority estimates that the desalinated water produced by the project
will account for about one-third of all locally generated water in the County in 2020.
In November 2012 SDCWA, as responsible agency, approved a second Addendum to the FEIR. The city
did not review or approve this second Addendum because it involved actions related to SCCWA’s Water
Purchase Agreement. SDCWA had determined that minor changes to the previously approved off-site
distribution system were necessary to allow for greater operational flexibility and efficiency in receiving
and delivering the product water from the desalination plant to the agency’s Twin Oaks Valley Water
Treatment Plant and regional distribution system. SDCWA also had concerns with the section of pipeline
proposed to be exposed and installed below the Cannon Road bridge. The SDCWA wanted the pipeline
buried to enhance the safety and reliability of deliveries from the desalination plant to the SDCWA’s
aqueduct system. However, construction challenges associated with the trenchless pipeline alternative
north of Cannon Road, which was considered in the FEIR, precluded that alternative from further
consideration.
The second Addendum documented proposed changes to determine if there were any environmental
impacts associated with the changes and in particular the realignment of a section of pipe through
Macario Canyon preserve, upstream of the bridge, including a pumping well within the preserve, and
the other miscellaneous changes outside the city. The proposed alignment through Macario Canyon
preserve would have impacted sensitive habitat requiring mitigation in accordance with the city’s
Habitat Management Plan (HMP) dated 2004. Due to the mitigation requirements, SDCWA revised the
project through Macario Canyon which eliminated all impacts to sensitive habitat. The revised project,
which tunnels completely under Macario Canyon and features no surface improvements within the
preserve, is the subject of this report.
To document the most recent project changes, SDCWA prepared a third Addendum to the FEIR. This
Addendum was approved by the SDCWA on September 26, 2013. The City of Carlsbad also may use the
addendum as its basis for making an environmental determination regarding the proposed changes.
In December 2012, Poseidon began construction of the desalination plant, located within NRG’s
property, and prepared final pipe alignment and construction drawings for the pipeline. A Design-Build
Agreement (DBA), executed on December 20, 2012 between Poseidon and the SDCWA, establishes the
commercial and technical terms for implementation and ownership of the 54-inch water pipeline.
Pipeline construction began in San Marcos in spring 2013.
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
November 6, 2013
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Project Description:
Jurisdictional Authority
The pipe realignment project is within two Local Coastal Program segments. While the city has authority
to issue the necessary CDP for structures in the Mello II segment of the LCP, the California Coastal
Commission (CCC) has retained the authority to issue CDP’s for structures in the Agua Hedionda
segment.
The project components located within the Agua Hedionda Lagoon segment include a tunnel pit located
within the public right-of-way of Cannon Road and approximately 600 feet of 54-inch pipe located
within Macario Canyon. The remaining approximately 1,000 feet of 54-inch pipe and ancillary facilities
will be located within Macario Canyon, the right-of-way of Faraday Avenue and within a portion of the
future Veterans Memorial park within the Mello II segment of the LCP. Only the project components
within the Mello II segment are included in this project approval.
Proposed Modifications
The applicant, SDCWA, is requesting project modifications to shift the location of the 54-inch diameter
pipeline approximately 600 feet to the south of the intersection of Faraday Avenue and Cannon Road
and relocate ancillary facilities east of Faraday Avenue, within the city’s future Veterans Memorial park,
to allow for operation and maintenance of the pipeline outside of Macario Canyon preserve. A gated
and paved access road will be constructed to allow access to the pumping well and appurtenances east
of Faraday Avenue, which would be in an area of the future park that consists of mowed, non-native
grassland. All above grade structures will be shielded from public view with a 4-foot high wood fence
and vegetation around the outside perimeter.
Construction of Pipe and Tunnel:
The tunneled pipeline will be constructed at a depth ranging from 20- to 70-feet below grade. No access
to Macario Canyon will be required for construction, operation, or maintenance of the pipeline. Please
review the third Addendum to the FEIR, starting on page 15, for a detailed description of the pipeline
and tunnel construction. Construction of the pipeline and ancillary facilities would take approximately
15 months and is anticipated to begin in early 2014.
Ancillary Facilities
A gated and paved access road will be constructed to allow access to the ancillary facilities east of
Faraday Avenue. These facilities include: 1) an approximately 236-square foot pump well and air release
vault; 2) a 63-square foot blow off valve and vault; 3) several air vents; 4) and a storm drain with a riprap
energy dissipater. The storm drain will direct surface runoff, or in case of a need to dewater the
pipeline, to the City of Carlsbad storm drain basin located just to the north of the facility.
All above grade ancillary facilities’ (i.e. air vents, air release valve and vault) will be less than 4 feet tall.
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
November 6, 2013
Page 4
Visual Impacts:
The pipeline and most of the ancillary facilities will be located below grade. The above grade ancillary
facilities mostly will be shielded from Faraday Avenue with a 4-foot high fence and landscaping on the
outside perimeter of the fence. The access gate would be visible from Faraday Avenue.
Easements
The SDCWA will need a 40-foot wide subsurface easement for the pipeline under Macario Canyon and
Faraday Avenue, an 80-foot by 80-foot permanent easement for the ancillary facility, and a 200-foot by
200-foot temporary construction easement for the tunnel portal and staging east of Faraday Avenue.
Table 1 below includes the current land uses, General Plan designations and zoning of the project site
and surrounding properties.
TABLE 1
Location General Plan
Designation Zoning Current Land Use
Site (pipeline and
ancillary structures)
OS/Collector Street OS/Arterial
Roadway
habitat preserve/
undeveloped/roadway
North OS/RMH OS/R-3-Q open space/multi-family housing
South OS/Collector Street OS/Arterial
Roadway
habitat preserve/golf course/roadway
East OS/RLM OS/R-1-Q undeveloped/single-family housing
West OS/TR OS/P-U/C-T-Q open space/SDG&E utility easement/
hotel/restaurant/timeshare
IV. ANALYSIS
The project is subject to the following regulations and requirements:
A. City of Carlsbad General Plan;
B. Zoning regulations;
C. Mello II Segment of the Local Coastal Program, Coastal Development Procedures and the
Coastal Resource Protection Overlay Zone (Chapters 21.201 and 21.203 of the Carlsbad
Municipal Code); and
D. Growth Management Regulations (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendations for approval of this project were 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
The following Table 2 identifies General Plan goals and objectives relevant to the proposed project and
describes the compliance of the proposal.
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
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TABLE 2 - GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLY?
Land Use, Overall
Land Use Pattern,
Implementing
Policies and Action
Programs C.1
“Arrange land uses so that
they preserve community
identity and are orderly,
functionally efficient,
healthful, convenient to the
public, and aesthetically
pleasing.”
Relocating the pipe from
underneath Cannon Road bridge
to undergrounding the pipeline
through Macario Canyon preserve
is more aesthetically pleasing and
will preserve the community
character and view of the Agua
Hedionda Lagoon.
Yes
Circulation, Streets
and Traffic Control,
Implementing
Policies and Action
Programs, C.8
“Provide for the safe
movement of traffic and
pedestrians around all road
and utility construction
projects.”
A traffic control plan has been
prepared for the proposed project
and is part of the plan set.
Yes
Open Space &
Conservation, Special
Resource Protection,
Goal A.1
“A city that protects
environmentally sensitive land
and buffer areas.”
The pipeline will be installed via a
trenchless method through and
underneath Macario Canyon
preserve and therefore no impacts
to environmentally sensitive land
will occur.
Yes
Public Safety, Crime
Hazards, Goal A.
“A City which minimizes
injury, loss of life, and damage
to property resulting from
crime.”
The pipeline, if installed as
previously approved, could be
subject to vandalism, which could
result in disruption to the water
flow and injury to people and/or
property. By locating the pipeline
underground this will eliminate
the possible damage resulting
from vandalism.
Yes
B. Zoning Regulations
The project has zoning designations of Open Space (O-S) and Other Roadways, which permit public
utility facilities, including below grade infrastructure improvements. There are no setback requirements
or building placement requirements/restrictions that apply to the project. The pipeline will be installed
below grade. As stated above, the only above grade structures are for the ancillary facilities, which
would be 2- to 4- feet above grade.
C. Local Coastal Program
The project site is located within the Mello II Segment of the Local Coastal Program (LCP). The site is
also located within and subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203).
The project’s compliance with each of these programs and ordinances is discussed below:
Staff finds the proposed amendments are consistent with applicable Local Coastal Program policies as
follows:
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
November 6, 2013
Page 6
1. Mello II Segment
o The project complies with Policy 3-1 – Carlsbad Habitat Management Plan, which states:
“The Carlsbad Habitat Management Plan is a comprehensive, citywide program to identify
how the city, in cooperation with federal and state agencies, can preserve the diversity of
habitat and protect sensitive biological resources within the city and the Coastal zone” The
revised project as proposed will not impact any sensitive habitat.
o The project complies with Policy 3-5 – Kelly Ranch/Macario Canyon Area, which states: “The
facilities shall be located on the least environmentally sensitive portion of the site and
within non-native grassland and/or disturbed agricultural area to the maximum extent
possible… .” The pipeline will be installed via a trenchless method. No surface impacts will
occur during the installation and maintenance of the pipeline as the pipe would be located
between 20- to 60- feet below grade. The tunnel pit and permanent ancillary structures,
proposed within the future Veterans Memorial park, is not located within sensitive habitat;
therefore, no impact will occur to any sensitive habitat.
2. Coastal Resource Protection Overlay Zone
o The project complies with Municipal Code Section 21.203.040 A. regarding preservation of
steep slopes with native vegetation as it does not impact any such features. Instead, the
pipeline through Macario Canyon preserve will be installed via a trenchless method. The
tunnel pit and ancillary facilities will not be located within environmentally sensitive habitat.
o The project complies with Municipal Code Section 21.203.040 B. regarding drainage and
erosion as the Mitigation Monitoring and Reporting Program for this project includes
mitigation measures to address drainage, erosion control, sediment control and storm water
quality, as set forth in the National Pollutant Discharge Elimination System (NPDES) permit
and other required standards and permits.
3. Coastal Act
o The proposal is in conformity with the land resources and development policies of Chapter 3
of the Coastal Act in that the project pipeline will be installed underground via a trenchless
method and therefore will not impact environmentally sensitive habitat or scenic and visual
resources.
o The project is subject to the Mitigation and Monitoring Program for EIR 03-05, which
provides mitigation to assure consistency with Local Coastal Program policies regarding
environmentally sensitive habitats, cultural and water quality.
D. Growth Management Regulations
The original approval of the desalination plant and pipeline network was found consistent with the Local
Facilities Management Plan for Zone 8, which is where the proposed project is located. As the proposal
is a modification of an approved pipeline and does not change the capacity of the pipeline or the
desalination plant’s capacity, product water output, or operational characteristics, the proposed
changes would be consistent with the Growth Management Plan and a reevaluation of compliance
between the proposed project and Growth Management is unnecessary. Furthermore, the realignment
of a portion of pipeline does not generate any facility plan improvement requirements or funding.
EIR 03-05(B)/CDP 04-41(A) – DESALINATION PROJECT CHANGES
November 6, 2013
Page 7
IV. ENVIRONMENTAL REVIEW
To provide environmental review consistent with the California Environmental Quality Act (CEQA),
SDCWA consulted with environmental firm Dudek and Associates to determine if the revisions to the
project would trigger a supplemental or subsequent EIR, or if a simpler document, an addendum, could
be prepared. CEQA Guideline Section15164 states that “the lead agency…shall prepare an addendum to
a previously certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have
occurred.” Dudek and Associates prepared the project’s EIR that the city certified in 2006 and
subsequent addendums in 2009 and 2012.
As demonstrated in the attached resolution that recommends approval of the addendum, staff has
reviewed the project changes, and the Third Addendum prepared by SDCWA, and found that none of
the requirements in CEQA Guidelines sections 15162 for a subsequent EIR have been triggered.
Therefore, the revised project is within the scope of the certified EIR and use of an addendum to
document the project changes is appropriate.
Guideline 15164 also notes an addendum need not be circulated for public review but may simply be
attached to the FEIR. While the proposed Addendum was not circulated as is required for Draft EIRs,
staff has made the proposed document known and available for public review by identifying it in the
project’s early public notice, public hearing notice and including it as part of the staff report.
Furthermore, SDCWA posted its September 26, 2013 Board meeting agenda on their website prior to
approving the Third Addendum to the FEIR. No one requested to speak to the Board at its meeting, nor
were there any comment letters submitted.
ATTACHMENTS:
1. Planning Commission Resolution No. 7018 (Third FEIR Addendum)
2. Planning Commission Resolution No. 7019 (CDP Amendment)
3. Location Map
4. Disclosure Statement
5. Reduced Exhibits
6. Certified Final Environmental Impact Report including First and Second Addendums (EIR 03-05)
and Mitigation Monitoring and Reporting Program (both on file in the Planning Division)
7. Exhibits “A” –“W” dated November 6, 2013
Agua Hedionda
Lagoon
Mello II
SITE
C A N N O N R D
FARADAY A
V
W H ITMAN WYTOLKIEN WY
GRAND PACIFI
C D
R DICKINSON DREIR 03-05(B) / CDP 04-41(A)
DESALINATION PROJECT CHANGES
SITE MAP
E
L C
AMINO RE
ALLA COSTA AV
ALGA RDCARLSBAD BL
OCTOBER 2013
DESALINATION
PROJECT CHANGES
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
PIPELINE PACKAGE
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
LAGOON
PALOMAR AI
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P
O
R
T
ALIGNMENT
PROJECT
CARLSBAD
DESALINATION
PLANT
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
O
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com17885 Von Karman Ave, Suite 500Irvine, California, 92614Phone: (949) 809-5000Fax: (949) 809-5010EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
111
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
DEVIATIONS FROM SDCWA STD DETAIL1www.tetratech.com17885 Von Karman Ave, Suite 500Irvine, California, 92614Phone: (949) 809-5000Fax: (949) 809-5010EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
DEVIATIONS FROM SDCWA STD DETAIL1
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
SIDEWALK
TRUCK
ROUTE
KEEP
RIGHT
STOP
DO NOT
TRACKS
ON
YIELD
PEDS
TO
ONLYONLYONLY
ONLY ONLY
BIKE LANE
CLOSED
TURN
NO
RED
ON
CLOSED
BICYCLES
MUST
EXIT
WALK
BIKE IN
SIDEWALK
WAY
WRONG
DO NOT
ENTER ONE WAYONE WAY
ONLY ONLY
STOP
RED
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
A
A
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
www.tetratech.com
17885 Von Karman Ave, Suite 500
Irvine, California, 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
EIR 03-05(B)/CDP 04-41(A)
VETERANS PARK
TRAILHEAD
OPEN DURING
CONSTRUCTION