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HomeMy WebLinkAbout2022-02-16; Planning Commission; ; CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR SEWER MANHOLE REPAIRItem No. Application complete date: P.C. AGENDA OF:Feb. 16, 2022 Project Planner: Christina M. Bustamante Project Engineer: David Rick SUBJECT: CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR SEWER MANHOLE REPAIR - Request for approval of a post emergency Coastal Development Permit and Habitat Management Plan Permit for the repair of a tie-in sewer manhole within a Vallecitos Water District maintenance easement located south of Palomar Airport Road, west of Hidden Valley Road, east of Armada Drive. The project is located within the Mello II Segment of the city’s Local Coastal Program and within Local Facilities Management Zone 5. The project site is within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(d) restoration or rehabilitation of deteriorated structures of the state CEQA Guidelines. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7438 APPROVING a post emergency Costal Development Permit (CDP 2021-0037) to permit the completed emergency repairs that were conducted under Emergency Coastal Development Permit (CDP 2020-0030) and Habitat Management Plan Permit (HMP 2021-0004) based upon the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The tie-in sewer manhole repairs project site is located within a maintenance easement managed by the Vallecitos Water District adjacent to Palomar Airport Road between Armada Drive and Hidden Valley Drive as shown on the attached location map (Attachment 2). The topography of the site is a relatively flat area adjacent to an active creek and the vegetation on the site includes non- native plants, and native plants. The impacts that did occur were limited and temporary in nature, such as trampling, compressing down, or trimming of vegetation. The plants are already showing signs of growing back. Table “A” below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. 3 CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR TIE-IN SEWER MANHOLE REPAIR Feb. 16, 2022 Page 2 TABLE A SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site Open Space (O-S) Open Space (O-S) Open Space and Maintenance Easement North (VC) Commercial Tourist (C-T-Q) Theme Park South Open Space (O-S) Open Space (O-S) Open Space East Open Space (0-S), Office (O) Open Space (O-S), Office (O) Open Space, Office West OpenSpace (O-S), Regional Commercial (R) Open Space (O-S), General Commercial (C-2-Q) Open Space and Shopping Center Permit History: The existing sewer manhole is located along Encinas Creek, south of Palomar Airport Road, and about 1,650 feet east of the easternmost Costco parking lot entrance on Palomar Airport Road. It was constructed in the 1980’s with concrete components. At the manhole, the sewer line makes a hard right, causing more turbulence than is typical. The increase in turbulence also increases the production of hydrogen sulfide gases. Overtime these gases will corrode concrete components. To keep the system maintained and functioning properly, routine maintenance has been conducted since the date of installation. Project Description: The subject CDP application is the follow-up application to make permanent the work conducted under an emergency permit. The project consisted of the repair of an existing tie-in sewer manhole managed by the Vallecitos Water District. The project is located at the eastern end of the maintenance easement, in the watershed area. On April 23, 2020, during a routine inspection following a heavy rain, staff from the Vallecitos Water District identified the manhole components as in danger of failing. District staff believed a failure of these components would possibly leak sewage into the adjacent riparian habitat and ultimately into the ocean, warranting the need for immediate action to repair the manhole. On May 18, 2020, the Vallecitos Water District submitted a letter to city staff formally notifying staff of an immediate need to access and repair a sewer manhole within the district’s easement and requesting an emergency coastal development permit. (The May 18, 2020 district letter is provided as Attachment 3.) The district completed the emergency repair work later that month. Details of that work are provided in Attachment 4. On June 25, 2020, the City Planner granted the emergency CDP (CDP 2020-0030), determining an emergency existed that required action more quickly than possible under the regular permitting process (Attachment 5). The approval conditioned that repair work be completed within 30 days and a regular CDP application be submitted to the city. The work required temporary bridges over the adjacent creek to allow equipment to cross without disturbing the creek habitat. The equipment that was used included a mini excavator, a backhoe and hand tools. There was no grading required to complete this project. The dirt that was moved on the site was limited to dirt immediately surrounding the manhole cone and shaft in order to remove the existing deteriorated components and replace them with new components. All work remained within the existing easement. Pursuant to Carlsbad Municipal Code Section 21.201.190, the City Planner is required to report to the California Coastal Commission through its executive director and to the City Council at the first scheduled meeting after the emergency CDP has been issued, the nature of the emergency and the work involved. CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR TIE-IN SEWER MANHOLE REPAIR Feb. 16, 2022 Page 3 The Coastal Commission and the City Council were both informed of the nature of the emergency and the scope of the emergency work involved. The Coastal Commission received the notice of emergency on July 6, 2020 (Attachment 6); and the City Council received a memorandum report on Aug. 26, 2021 (Attachment 7). The proposed CDP 2021-0037 would permanently authorize the improvements that were completed by the Vallecitos Water District under the emergency CDP 2020-0030. No further work is proposed. The project complies with all applicable city standards and staff’s recommendation of approval with condition is supported by the analysis as follows. Unless the permit is appealed, the Planning Commission’s action will be final. III.ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A.General Plan B.Mello II segment of the Local Coastal Plan (LCP), Coastal Development Permit regulations (Chapter 21.201) and the Coastal Resource Protection Overlay Zone (Chapter 21.203) C.Habitat Management Plan and Chapter 21.210 Habitat Preservation and Management Requirements The recommendation for approval for this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The following Analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A.General Plan The project is located within an area that is designated by the General Plan as Open Space (OS). This area is for preservation of natural resource areas such as the adjacent creek. The repairs were necessary to prevent a leak in the sewer line that could have resulted in damage to the natural resources in the creek and subsequently the ocean. Element Standard Project Compliance Open Space Goal 4-G.3 Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities. The repair project was necessary to protect the adjacent creek from a sewage spill. Yes Open Space Goal 4-G.14 Promote the protection of Carlsbad’s creeks, lagoons, ocean and other natural water bodies from pollution. The repair protected the adjacent creek from pollution because it prevented the sewer manhole from collapsing. Yes CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR TIE-IN SEWER MANHOLE REPAIR Feb. 16, 2022 Page 4 B.Local Coastal Program (Mello II Segment), Coastal Development Permit Regulations and the Coastal Resource Protection Overlay The project site is located within the Mello II Segment of the Local Coastal Program, inside the appealable jurisdiction of the California Coastal Commission. The Coastal Zone Land Use and Zoning are consistent with the City of Carlsbad General Plan Land Use and Zoning, which allow for recreational uses, preservation of natural resources, and production of natural resources. The project’s compliance with the Mello II Segment of the Local Coastal Program as well as the implementing ordinances is discussed below. The project site has an LCP Land Use designation of Open Space (OS). The project is consistent with the OS General Plan Land Use designation as analyzed in Section A above. The project was authorized, and the emergency work was completed pursuant to emergency CDP 2020- 0030. The project applicant, Vallecitos Water District, is requesting an after-the-fact approval to make permanent the work conducted under that emergency. The project is consistent with the relevant policies of the Mello II Segment of the Local Coastal Program, and the Coastal Program implementing ordinance. The project does not obstruct views of the coastline as seen from public lands or the public right-of-way nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site. The sensitive resources located in the area of the proposed development were avoided, and the vegetation that was trimmed or trampled on are showing signs to indicate that they will make a full recovery and grow back quickly. The proposed development is not located in an area of known geologic instability. It is not in area known for flooding identified by FEMA Flood Hazard Zones/Floodways 2019. This project would not negatively impact the adjacent creek. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the site is not designated or suited for water-oriented recreation activities. Open Space Policy 4-P.33 Seek to preserve the environmental integrity, ecology, and character of special resource areas. The project used a temporary bridge to move equipment without impacting the adjacent creek. The vegetation in the area nearest the sewer manhole were trimmed and/or trampled but the root structures were not harmed, and the vegetation is showing signs of annual plant germination and regrowth. These methods were implemented to preserve the natural integrity, ecology, and character of the adjacent creek. Yes CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR TIE-IN SEWER MANHOLE REPAIR Feb. 16, 2022 Page 5 C.Habitat Management Plan and Chapter 21.210 Habitat Preservation and Management Requirements The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the city, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city while allowing for additional development consistent with the City’s General Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are found to be consistent with the Plan. For some key properties within the city which have not submitted proposed hardline designs for inclusion in the preserve system, the HMP includes conservation goals and standards which will apply to future development proposals. The goals and standards have been arranged according to the Local Facilities Management Zones (LFMZ) to which they apply. The standards only apply to those areas within the LFMZs not already covered by existing and proposed hardline areas, existing take authorizations or areas shown as development areas on the HMP map. Therefore, the standards only apply to those parcels which are designated as “Standards Areas” on the HMP map. If individual properties are proposed for development within a zone, the property owner must show how the standards, which include goals and objectives of the HMP, will be met. This planning should ensure that viable biological open space will be comprehensively planned for the zone, rather than having open space areas planned piece-meal for each parcel within the zone. The HMP identifies the subject property (APN 211-040-33-00) not as a Standards Area in Local Facilities Management Zone 5. While the project site is located within the HMP hardline, but not located within a core or linkage habitat (pursuant to Figure 4 of the HMP), the project area is adjacent to a creek, which does contribute to its value as a wildlife movement corridor. Pursuant to CMC Chapter 21.210, a Habitat Management Plan Permit is required for any development project which indirectly or directly impacts natural habitat. In addition, the habitat conservation planning requires the processing of HMP Consistency Findings, which are also generally referred to as “HMP Findings.” The HMP Findings analyze a project’s consistency with the standards outlined in each zone. The HMP findings for this proposed project can be found within Planning Commission Resolution No. 7438. As discussed previously within the staff report, construction methods were implemented to avoid impacts to any environmentally sensitive resources and was conducted in compliance with the HMP, the Habitat Management Plan Permit can therefore be approved. IV.ENVIRONMENTAL REVIEW The issuance of an emergency CDP for the repair to the interceptor tie-in sewer shaft and cone is statutorily exempt from CEQA review pursuant to CEQA Guidelines Section 15269, Emergency Projects, as CEQA does not apply to actions necessary to prevent or mitigate an emergency. The repairs that were completed are also categorically exempt per CEQA Guidelines Section 15301 (d) – restoration or rehabilitation of damaged or deteriorated structures. The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from CDP 2021-0037/HMP 2021-0004 (PUB 2020-0002) - VALLECITOS INTERCEPTOR TIE-IN SEWER MANHOLE REPAIR Feb. 16, 2022 Page 6 further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for an exemption pursuant to CEQA Guidelines section 15301(d) (Existing Facilities), which includes restoration or rehabilitation of damaged or deteriorated structures. A notice of intended decision regarding the environmental determination was advertised on February 1, 2022 and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The CEQA Determination letter is attached to this staff report as Attachment 4 and demonstrates that the project is categorically exempt from further environmental review. The city planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all of the city’s procedural requirements and relevant aspects of CEQA have been satisfied. The CEQA Guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. CEQA Guidelines Section 15301 is a Class 1 exemption for existing facilities, such as restoration or rehabilitation of deteriorated or damaged structures, to meet current standards of public health and safety. In addition, the project construction methods ensured that all environmentally sensitive receptors were avoided. No exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies. The project will not have a significant effect of the environmental and all the requirements of CEQA have been met. ATTACHMENTS: 1.Planning Commission Resolution No. 7438 2.Location Map 3.May 18, 2020, Letter from Vallecitos Water District requesting an emergency CDP 4.Details of Work Completed 5.Emergency Coastal Development Permit CDP 2020-0030 6.July 6, 2020 Notice of Emergency CDP to the Coastal Commission 7.April 26, 2021 City Council Memorandum 8.CEQA Determination of Exemption 9.Reduced Exhibit 10.Exhibit A Dated Feb. 16, 2022 ATTACHMENT 2 ATTACHMENT 3 1/14/22, 10:22 AM Vallecitos Water District Crews Rehab Manhole, Protecting Environment - Water News Network - Our Region's Trusted Water L… https://www.waternewsnetwork.com/vallecitos-water-district-crews-rehab-manhole-protecting-environment/1/5 Vallecitos Water District Crews Rehab Manhole, Protecting Environment   Vallecitos Water District crews sprang into action to repair and rehabilitate a manhole in danger of failing, successfully preventing a spill, which could have resulted in signicant environmental damage. Located just o Palomar Airport Road in a shared 30-foot easement with the Buena Sanitation District in Carlsbad, the manhole is part of a 30-inch outfall providing a main sewage drain for the City of San Marcos. The line feeds directly into the June 18, 2020 This temporary bridge allowed Vallecitos Water District crews to repair a manhole without aected sensitive habitat. Photo: Vallecitos Water District Training Preps North County Fireghters for Conned Space Rescues January 3, 2022 Manchester Avenue Pipeline Replacement Project Underway in Encinitas December 17, 2021 Trout Season Opens at Lake Jennings November 18, 2021 Water Authority Completes Pipeline 3 Relining in Mission Trails Regional Park November 4, 2021 Water Authority Kicks Off 2023 Water Facilities Master Plan Update November 2, 2021 FACILITIES &OPERATIONS News  ATTACHMENT 4 1/14/22, 10:22 AM Vallecitos Water District Crews Rehab Manhole, Protecting Environment - Water News Network - Our Region's Trusted Water L… https://www.waternewsnetwork.com/vallecitos-water-district-crews-rehab-manhole-protecting-environment/2/5 Encina Wastewater Treatment plant a half-mile from the project site. Originally constructed in the 1980s, turbulence generated by a hard right-turn along the sewer easement creates hydrogen sulde gases. These gases corrode concrete and weakened the manhole over the years. Flooding also occurs in the area and allows rainfall to inltrate the manhole. Preventing harm to sensitive habitat areas Vallecitos Water District [http://www.vwd.org/] sta became concerned the structure could fail. The result would be a major sewage spill aecting the nearby Encinas Creek Habitat Conservation Area, ultimately spilling into the Pacic Ocean a mile downstream. The Habitat Conservation Area is owned by the Center for Natural Lands Management, which supports its management through an endowment. The Encinas Creek HCA is also part of the City of Carlsbad’s habitat management preserve. It includes riparian habitat and is known to be home to state and federally protected species. The Center for Natural Lands Management works to protect the property from trespassing, nonnative invasive plant and animal species, and other issues. The District determined emergency repairs were required. Although the Vallecitos Water District has proper easement rights to access, operate, and maintain the pipeline, the agency must avoid any impact to the existing habitat while repairing the manhole. This required some creativity [https://www.waternewsnetwork.com/tank-cleaning-program- Sewer Rehabilitation Sewer Rehabilitation Vallecitos Water DisVallecitos Water Dis…… "The US Drought monitor ... doesn’t reect the water supply circumstances in ... 1 2 view on twitter "Large urban water systems generally have diverse water supplies and can keep ... 1 3 view on twitter Attention San Diego County residents: Free, online WaterSmart Landscape Makeover... 3 view on twitter WATERAUTHORITY TWITTER San Diego Count y Water Autho rity Follow  1/14/22, 10:22 AM Vallecitos Water District Crews Rehab Manhole, Protecting Environment - Water News Network - Our Region's Trusted Water L… https://www.waternewsnetwork.com/vallecitos-water-district-crews-rehab-manhole-protecting-environment/3/5 Share this entry helps-vallecitos-water-district-maintain-safe-water-supply/] by the work crews. Creative thinking provides access for repairs The District kept all construction activities within its existing easement to avoid any impacts to existing riparian vegetation. Crews constructed a temporary bridge over an existing stream obstructing access to the manhole. The bridge installation was designed to be temporary, and not aect the existing stream with footings or other supports. Constructing the bridge for access turned out to be the most complex part of the repair project. District crews working with a contractor team took advantage of the lower sewage ow during the early morning hours, starting work at 3 a.m. to get as low into the waterline as possible. Repairs like this take advantage of the low ows to keep critically important sewer systems in operation. Instead of replacing the manhole, the District used a polymer concrete replacement product to build a new manhole within the old manhole. As a result, no excavation was needed. Unlike regular concrete, the new material is corrosion-proof and should provide District customers in San Marcos with many years of reliable service while protecting the environment. A look at the newly repaired manhole. Photo: Vallecitos Water District WATERAUTHORITYFACEBOOK San Die Like P 1 hour ago Attention San Diego County residents: Free, online WaterSmart Landscape Makeover Series starts Feb. 2.... see more [#] Winter Weather Perfect Time for WaterSmart Landscape Makeover Series [https://bit.ly/3 37gXTO] bit.ly It's an ideal time to makeover your residential landscaping with help from free WaterSmart Landscape Make... view on facebook [https://www.facebook.c 2 hours ago [https://www.facebook.c u=https%3A%2F%2Fwww  1/14/22, 10:22 AM Vallecitos Water District Crews Rehab Manhole, Protecting Environment - Water News Network - Our Region's Trusted Water L… https://www.waternewsnetwork.com/vallecitos-water-district-crews-rehab-manhole-protecting-environment/4/5 The WaterSmart Landscape Makeover Program teaches you how to create a WaterSmart landscape that loves ... see more [#] photo [https://www.facebo ok.com/SanDiegoCo untyWaterAuthority /photos/a.37891563 7514/101589568371 82515/?type=3] view on facebook [https: 2 hours ago Research on atmospheric rivers takes ight as UC San Diego’s Center for Western Weather and Water Ext ... see more [#] Atmospheric River Storm Observations Take Flight Over Pacic Ocean [https://bit.ly/3 GzivEM] bit.ly "Hurricane Hunter" aircraft are being used by scientists to gather data for improving [https://www.facebook.c u=https%3A%2F%2Fwww  1/14/22, 10:22 AM Vallecitos Water District Crews Rehab Manhole, Protecting Environment - Water News Network - Our Region's Trusted Water L… https://www.waternewsnetwork.com/vallecitos-water-district-crews-rehab-manhole-protecting-environment/5/5 forecasts of atmosp... view on facebook [https://www.facebook.c [https://www.facebook.c u=https%3A%2F%2Fwww © 2021 San Diego County Water Authority. 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