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HomeMy WebLinkAbout2021-05-19; Planning Commission; ; SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1Item No. Application complete date: January 28, 2021 P.C. AGENDA OF:May 19, 2021 Project Planner: Paul Dan Project Engineer: David Rick SUBJECT: SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1 - Request for approval to upgrade, realign, and rehabilitate the existing Vista- Carlsbad (VC) Interceptor Reach 1 access road to provide more reliable access to the VC1 pipeline and manholes for maintenance and during heavy rainfall events generally located south of SR 78, north of Buena Vista Creek, and between the eastern terminus of Haymar Drive (west of College Boulevard) and the western terminus of Haymar Drive (east of El Camino Real) in Local Facilities Management Zone 25. The City Planner has determined that the potential environmental effects of the project were adequately analyzed by the previously certified Supplemental Program Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072) for the Comprehensive Sewer Master Plan. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7414 APPROVING Special Use Permit SUP 2020-0001 and Habitat Management Plan Permit HMP 2020-0001 based upon the findings and subject to the conditions contained therein. II.BACKGROUND AND PROJECT DESCRIPTION Background In November 2017, the City of Vista certified a Supplemental Program Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072), for the Comprehensive Sewer Master Plan (CSMP.) The CSMP identified a set of recommended projects for inclusion in the City’s Capital Improvement Program (CIP) and operations and maintenance (O&M) program. The O&M program component of the CSMP provides a continuation of the City’s existing condition assessment program consistent with the City’s adopted Sanitary Sewer Management Plan (SSMP.) The O&M program also includes the replacement/rehabilitation of the City’s existing pumping stations and the repair, upgrade, and rehabilitation of existing access roads. The City of Carlsbad maintains multiple easements to facilitate access to the conveyance and pumping facilities within and outside its service area. These easements range from 10 to 20 feet in width to accommodate maintenance equipment. The SPEIR for the CSMP analyzed the potential environmental impacts associated with the proposed repair, upgrade, and/or rehabilitation of two existing unpaved access roads as part of the O&M program. One of the two access roads for future maintenance described in the SPEIR is located along the existing Vista-Carlsbad-Interceptor Reach 1 (VC1) and traverses the cities of Oceanside and Carlsbad. The VC1 pipeline is 36-inches in diameter and conveys approximately eight million gallons per day on average. The VC1 pipeline is co-owned by the Cities of Vista and Carlsbad and 4 SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1 May 19, 2021 Page 2 is the major pipeline that conveys each cities’ untreated wastewater to the Encina Wastewater Authority for treatment and disposal. When VC1 was constructed in 1985, an unpaved access road was also constructed to provide maintenance access to sewer manholes, some requiring culverts to convey run-off across the roads. This access road has degraded over time primarily due to erosion from stormwater discharged south from State Route (SR) 78 and contributing drainages to the north. Due to the placement of the existing access road, sedimentation and debris have clogged the culverts, diverting drainages along the access road and resulting in additional erosion. Direct access by way of an improved road is also not provided to a number of manholes within the Project area. The City’s goal for implementing the proposed Project is to provide all weather access to the manholes for VC1. The project would improve sewer maintenance access by providing the City’s O&M staff with a reliable access road, constructed of aggregate or crushed rock, that will ensure access to the VC1 pipeline. Improved and reliable access during large rainfall events is required for the City to clean and maintain the pipeline consistent with its adopted SSMP. Consistent with the City’s SSMP, the Project would minimize the potential for sanitary sewer overflows (SSOs) into local surface waters, including Buena Vista Creek, in accordance with the State Water Resources Control Board (SWRCB) Order No. 2006-003-DWQ Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems. Project Description The Project is located on the northeastern edge of the City of Carlsbad south of SR 78, north of Buena Vista Creek, and between the eastern terminus of Haymar Drive (west of College Boulevard) and the western terminus of Haymar Drive (east of El Camino Real). The City of Oceanside is located immediately north with its southern limits roughly corresponding to the southern edge of SR 78. The majority of the project site is located within the Buena Vista Creek Ecological Reserve, which is a 148-acre property owned by the California Department of Fish and Wildlife (CDFW). The Project site is located on Assessor Parcel No. 167-040-31-00, 167-040-38-00, and 167-040-39- 00. The project proposed is to upgrade, realign, and rehabilitate the existing VC1 access road to provide more reliable access to the VC1 pipeline and manholes for maintenance, including during up to the 50-year rainfall event. The proposed alignment of the access road is approximately 4,000 feet in length. The proposed project would maintain Vista and Carlsbad’s existing roadway alignment along its western end with slight variations. At the eastern end, the roadway alignment would be realigned to the north and disconnected from Oceanside’s sewer access easement, which was acquired in conjunction with a previous spill event. The access road would be rebuilt with an aggregate or crushed rock to provide a permeable roadway surface, approximately 15 feet in width. The roadway surface would be approximately six inches thick and selected materials will be determined during the final design of the roadway in coordination with California Department of Fish and Wildlife (CDFW). The City expects that a larger crushed rock will be used for the roadway subgrade to improve the roadway’s stability. As proposed, the alignment for the proposed roadway would adhere to the following standards: • A maximum longitudinal slope of 15-percent • A minimum vertical curve length of 100 feet • A maximum horizontal curve radius of 30 feet • A maximum access road cross fall of 4-percent SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1 May 19, 2021 Page 3 A 10-foot radius of crushed rock base would be provided around each manhole, where feasible. This 10- foot radius is measured from the center of manhole cover to the edge of the crushed rock base and would be reduced as necessary to avoid sensitive resources. When the manhole is located within the proposed road, a concrete collar and cover is provided that is flush with the crushed rock base surface for drivability. When a manhole is adjacent to the sewer access road or within an area at risk of flooding due to its proximity to an existing creek, a raised concrete manhole collar is provided. The proposed project would include improvements at five drainage crossings to minimize degradation of the access road surface and roadway crown. No crossing of Buena Vista Creek is proposed. At each drainage crossing, the City is considering a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. The final selection for stormwater conveyance will be based on the quantity of flow during the 50-year event in coordination with CDFW and the City of Carlsbad. Drainage ditches along the roadway may also be required to safely convey flows downstream to Buena Vista Creek. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 – Current Land Uses Location General Plan Designation Zoning Current Land Use Site R-4 Residential/Open Space (OS) One-Family Residential Zone (R-1)/Open Space (OS) Open Space North City of Oceanside N/A State Route 78/Residential/Commercial South Open Space (OS) Planned Community (PC)/ Open Space (OS) Open Space/Residential East R-15 Residential Planned Community (PC) Open Space/Residential West R-8 Residential/Open Space Residential Density- Multiple (RDM)/Open Space (OS) Apartments/Open Space III. ANALYSIS The project is subject to the following regulations and requirements as analyzed within the following section of this staff report: A. R-4 Residential and Open Space General Plan Land Use Designations; B. Open Space Zone (CMC Chapter 21.33); C. Floodplain Management Regulations (CMC Chapter 21.110) and Special Use Permit Procedures (Section 21.110.130); and D. Habitat Preservation and Management Requirements (CMC Chapter 21.210) 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. R-4 Residential and Open Space (OS) General Plan Land Use Designations SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1 May 19, 2021 Page 4 The proposed project is consistent with the goals and policies of the city’s General Plan Open Space, Conservation, and Public Safety Element (PS), and the project site’s Open Space (OS) Zoning. A number of goals and policies are identified in the resolution regarding Open Space, Conservation, and Public Safety Element policies to maintain and rehabilitate the access road to the Vista Carlsbad Interceptor 1 which will improve erosion control and accessibility. General Plan and Zoning consistency findings can be made for the project. B. Open Space (O-S) Zone (CMC Chapter 21.33) The existing and proposed utility infrastructure are a permitted use within the Open Space zone. The Open Space zone does not include development standards for maintenance roads and related stormwater conveyance. Therefore, to comply with the Open Space zone, the project is designed to comply with the utility standards established by the city for maintenance roads and related stormwater conveyance. The project complies with the Open Space zone requirements, will protect and preserve the existing utility infrastructure, and implement BMPs to mitigate or reduce erosion, water pollutants, structural control changes, and other storm water pollution. C. Floodplain Management Regulations (Chapter 21.110) and Special Use Permit Procedures (Section 21.110.130) The proposed project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek preventing further erosion. The cumulative effect of this project will not significantly raise the level of the 100-year floodplain (base flood elevation) in that the repair and upgrade will prevent additional erosion and sedimentation to Buena Vista Creek. The required findings for approval of the Special Use Permit are provided in the Planning Commission Resolution. D. Habitat Preservation and Management Requirements (CMC Chapter 21.210) The project is part of a Comprehensive Sewer Master Plan (CSMP) that was previously analyzed to be in conformance with the Habitat Management Plan (HMP) standards through a Supplemental Program Environmental Impact Report and the Mitigation Monitoring Program that is still in effect. City staff has concluded that the proposed repair of the maintenance road and related stormwater conveyance are consistent with the provisions for habitat connectivity and wildlife movement through the area, avoidance of impacts to sensitive habitat, and implementation of minimum buffer widths. IV. ENVIRONMENTAL REVIEW That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources that were adequately analyzed by the previously certified Supplemental Program Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072), and that the project does not create new and/or additional significant environmental impacts that were not already analyzed in the certified SPEIR, and that the Mitigation Monitoring and Reporting Program associated with SPEIR is adequate, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to the state CEQA Guidelines Section 15163 – Supplemental Program EIR; and all feasible mitigation measures identified in the certified Environmental Impact Report and SUP 2020-0001/HMP 2020-0001 (PUB2020-0003) – VISTA-CARLSBAD INTERCEPTOR REACH 1 May 19, 2021 Page 5 Mitigation Monitoring and Reporting Program, which are appropriate to this subsequent project, will be incorporated. The approved SPEIR and MMRP are on file for review at the Planning Division. ATTACHMENTS: 1. Planning Commission Resolution No. 7414 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “W” dated May 19, 2021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REQUEST FOR APPROVAL TO UPGRADE, REALIGN, AND REHABILITATE THE EXISTING VISTA-CARLSBAD (VC) INTERCEPTOR REACH 1 ACCESS ROAD TO PROVIDE MORE RELIABLE ACCESS TO THE VC1 PIPELINE AND MANHOLES FOR MAINTENANCE DURING HEAVY RAINFALL EVENTS GENERALLY LOCATED SOUTH OF SR 78, NORTH OF BUENA VISTA CREEK, AND BETWEEN THE EASTERN TERMINUS OF HAYMAR DRIVE (WEST OF COLLEGE BOULEVARD) AND THE WESTERN TERMINUS OF HAYMAR DRIVE (EAST OF EL CAMINO REAL) IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: VISTA-CARLSBAD INTERCEPTOR REACH 1 CASE NO: SUP 2020-0001/HMP 2020-0001 WHEREAS, City of Vista, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by the California Department of Fish and Wildlife, “Applicant/Lead Agency,” described as A portion of Lot “D” of Rancho Agua Hedionda in the City of Carlsbad, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 ("the Property”); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit and Habitat Management Plan Permit as shown on Exhibits “A” – “W” dated May 19, 2021, on file in the Planning Division, SUP 2020-0001 and HMP 2020-0001 – VISTA CARLSBAD INTERCEPTOR REACH 1, as provided by Chapter 21.110 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on May 19, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit and the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7414 ATTACHMENT 1 PC RESO NO. 7414 -2- A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES SUP 2020-0001 and HMP 2020-0001 – VISTA CARLSBAD INTERCEPTOR REACH 1, based on the following findings and subject to the following conditions: Findings: Special Use Permit 1. The project is consistent with the general plan, local costal program, the requirements of this chapter, and any other applicable requirement of this code in that the proposed realignment and rehabilitation to the existing Vista-Carlsbad Interceptor Reach 1 access road improvements will not increase the base flood elevation of Buena Vista Creek, and is in conformance with the General Plan’s Open Space, Conservation, and Recreation Element, and the Carlsbad Municipal Code Chapter 21.110. 2. The site is reasonable safe from flooding in that the project site exists and will be rehabilitated to improve stormwater conveyance and prevention of further erosion. No improvements are proposed to any existing structures. 3. The project is designed to minimize the flood hazard to the habitable portions of the proposed structure in that all stormwater conveyance structures will be designed to handle the expected velocities and will be anchored to prevent floatation, collapse or lateral movement and therefore will not cause obstructions in the area. 4. The proposed project does not create a hazard for adjacent or upstream properties or structures in that a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown are provided. The final selection will be based on the quantity of flow during a 50-year flood event. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek. 5. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown are provided. The final selection will be based on the quantity of flow during a 50-year flood event. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek. 6. The proposed project does not reduce the ability of the site to convey or handle a base flood of a 1-percent-annual-chance flood in that the project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. The final selection will be based on the quantity of flow during a heavy flood event. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek. 7. The cumulative effect of the proposed project when combined with all the other existing, proposed, and anticipated development will not increase the water surface elevation of the base PC RESO NO. 7414 -3- flood more than one foot at any point in that the project will not change the channel characteristics or cause an increase in the flood elevation. 8.The project is contingent upon compliance with other federal and state regulations as required the applicant has received either a permit or notification to proceed from the following state and federal resource agencies: 1) California Department of Fish & Wildlife (Notification of Streambed Alteration - 1600); 2) San Diego Regional Water Quality Control Board (401 Water Quality Certification); and 3) U.S. Army Corps of Engineers. Habitat Management Plan 9.That the Sherman and South Coast are shown in Figure 28 of the approved HMP as existing Hardline Conservation Areas. 10.That authorization to impact sensitive habitats through the rehabilitation of two existing unpaved access roads to improve drainage is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 11.That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the certified Supplemental Program Environmental Impact Report (State Clearinghouse Number 2007091072), including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 12.That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 13.That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the rehabilitation of an access road. 14.That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. 15.That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 16.The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in PC RESO NO. 7414 -4- accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the city’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the city is essential to fund implementation of the city’s Habitat Management Plan. General 17. The proposed project is consistent with the General Plan goals and policies of the city’s General Plan Open Space, Conservation, and Recreation Element, Public Safety Element and the project site’s Open Space Zoning in that a number of goals and policies are identified in the Open Space, Conservation, and Recreation Element to improve water quality related to soil erosion and sedimentation, and Public Safety Element to reduce flood hazards and to protect building and development sites from the effects of flooding. a. The project is consistent with the Open Space, Conservation, and Recreation Element – Biological Resources and Open Space for Conservation Goal – 4-G.3 – “Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities,” in that the project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek preventing further erosion and improving stormwater water quality. b. The project is consistent with the Open Space, Conservation, and Recreation Element – Water Quality Goal – 4-G.14 – “Promote the protection of Carlsbad’s creeks, lagoons, ocean and other natural water bodies from pollution,” in that the project will prevent further erosion and sedimentation with best management practices for stormwater runoff that will protect water quality. c. The project is consistent with the Open Space, Conservation, and Recreation Element – Water Quality Policy – 4-P.60 – “Make any necessary structural control changes to the storm water conveyance system to remove or reduce storm water pollutant levels,” in that the proposed project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by a combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek preventing further erosion and improving stormwater water quality. d. The project is consistent with the Open Space, Conservation, and Recreation Element – Water Quality Policy – 4-P.64 – “Preserve, where possible, natural watercourses or provide naturalized drainage channels within the city. Where feasible, implement restoration and rehabilitation opportunities,” in that the project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by combination of low-flow or culvert PC RESO NO. 7414 -5- crossings to convey stormwater across the access road and away from the roadway crown. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek preventing further erosion and improving stormwater water quality. e.The project is consistent with the Public Safety Element – Flooding and Coastal Hazards Policy – 6-P.4 – “Require all proposed drainage facilities to comply with the city’s Standard Design Criteria to ensure they are properly sized to handle 100-year flood conditions,” in that the proposed project will repair, upgrade, and/or rehabilitate two existing unpaved access roads and improve drainage by combination of low-flow or culvert crossings to convey stormwater across the access road and away from the roadway crown. Drainage ditches along the roadway will also be required to safely convey flows downstream to Buena Vista Creek preventing further erosion and improving stormwater water quality. 18.The project has a zoning designation of Open Space (OS) which allows public facilities. The City Planner has determined that the potential environmental effects of the project were adequately analyzed by the previously certified Supplemental Program Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072) for the Comprehensive Sewer Master Plan. Conditions: General Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Special Use Permit and Habitat Management Plan Permit. 2.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit and Habitat Management Plan Permit document(s) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3.Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7414 -6- 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Prior to authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Supplemental Program Environmental Impact Report (SPEIR) (State Clearinghouse Number 2007091072) and is subject to all conditions contained in Planning Commission Resolutions No. 7414. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading plan. General 6. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Fees/Agreements 7. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 8. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 9. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 10. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality PC RESO NO. 7414 -7- 11.Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 12.Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 13.Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 14.Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. Code Reminders: 15.Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PC RESO NO. 7414 -8- NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 19, 2021 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner VISTAWY CARL S B A D VIL L A G E D RSNEADDRHAYMARDR M ARRONRDNORTH WY EL C A MIN O R E ALOLY MPIAD R AVENIDA D E ANI TATAMARAC K AV GAIL DR M IR APA CIF IC D R SALINARDT O P E K A S T VANCOUVERST TELAGARDAVENIDADELOUIS A CAPRI WY GOLFERSDR V IL L E T A AV EL SAL TO FALLS ST IT A L I A W Y VISTAWYVILLAGE DR WILSHIRE AV VIADECANTO MARRON RD SUP 2020-0001/HMP 2020-0001 Vista-Carlsbad Interceptor Reach 1 SITE MAP J SITE E L C AMINO R E ALLA COSTA AVCARLSBAD B L MELROSE DR ATTACHMENT 2 P-1(A)Page 1 of 2 Revised 07/10 Development Services Planning Division 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov DISCLOSURE STATEMENT P-1(A) The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant’s agent)Provide the COMPLETE, LEGAL names and addresses of ALL persons having afinancial interest in the application. If the applicant includes a corporation or partnership,include the names, titles, addresses of all individuals owning more than 10% of theshares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASEINDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-ownedcorporation, include the names, titles, and addresses of the corporate officers. (Aseparate page may be attached if necessary.) Person Corp/Part Title Title Address Address 2.OWNER (Not the owner’s agent)Provide the COMPLETE, LEGAL names and addresses of ALL persons having anyownership interest in the property involved. Also, provide the nature of the legalownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If theownership includes a corporation or partnership, include the names, titles, addresses ofall individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORETHAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THESPACE BELOW. If a publicly-owned corporation, include the names, titles, andaddresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 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. ATTACHMENT 3 P-1(A)Page 2 of 2 Revised 07/10 3.NON-PROFIT ORGANIZATION 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 Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12)months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/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 AATTACHMENT 4