HomeMy WebLinkAbout2022-07-28; Encinas Wastewater Authority Property (District 3); Barberio, GaryTo the members of the:
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Council Memorandum
July 28, 2022
To:
From:
Via:
Re:
Honorable Mayor Hall and Members of the City Council
Gary Barberio, Deputy City Manager, Community Services
Jeff Murphy, Community Development Director
Geoff Patnoe, Assistant City Manager fig
Encinas Wastewater Authority Property (District 3)
{city of
Carlsbad
Memo ID #2022089
This memorandum is a response to several emails received from a concerned resident over the
temporary uses occurring on the vacant property owned by the Encinas Wastewater Authority.
Background
The Encinas Wastewater Authority (EWA) Wastewater Treatment and Resource Recovery Center
is located on Avenida Encinas, immediately south of Palomar Airport Road. At the very southern
end of the center, EWA also owns vacant property that they have occasionally used as a
temporary staging/storage area for different purposes. Very recently, the lot is being used by
Republic Services who temporarily utilizes the space as a storage area to distribute new trash and
recycle bins.
Over the past few weeks, Mr. Marco Vakili has circulated emails expressing concerns over the
use of the site without neighborhood notification or the installation of measures that could help
reduce the adverse impacts (noise, limitations on hours of operation, dust and traffic) associated
with the temporary staging/storage uses. Mr. Vakili has also inquired about the feasibility of
installing a new driveway onto Avenida Encinas from the EWA property located further from his
property to help mitigate the impacts.
Discussion ·
The EWA property is Zoned Planned Industrial/Office (P-M/O), which allows a number of related
land uses either by-right, or through the approval of a discretionary permit such as a Conditional
Use Permit {CUP). The exact permitting requirements will be based on what EWA intends to do
on the property, which is still unclear at the moment. Even if the use is permitted by-right under
city zoning ordinance, since the property is located within the city's coastal zone, any temporary
or permanent use would require approval of a Coastal Development Permit (CDP) from the city
prior to initiating a use. A CDP, and CUP, would require noticing of nearby property owners
(within 600 feet) prior to consideration and decision. Additionally, if a portion or all of the
property were to develop industrially, all industrial uses are required to comply with the
Community Services Branch
Planning Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 t
Council Memo -Encinas Wastewater Authority Property (District 3)
July 28, 2022
Page 2
performance standards for exterior noise levels, air quality, screening, and requirements for
certain uses to be in an enclosed building.
Community Development Department (CDD) staff met with EWA staff on July 26, 2022, to
understand the current activities and to advise EWA as to the appropriate permitting process
that must be followed. Based on EWAs description of the activities, there are three activities
occurring on the site:
• Trash/Recycling storage bin staging activities -activitie~ related to the transition to a new
service provider for the city's trash and recycling services. EWA stated that activities will
cease by Aug. 1, 2022.
• Caltrans Staging Activities -Caltrans contractors have a lease agreement to complete
st'aging operations related to the current freeway construction project. The lease is for
two acres . EWA stated that area will be reduced to one acre in September 2022, and
Caltrans will vacate the property by the end of the year.
• Caltrans Easement -Caltrans has acquired through eminent domain the use of 9,500
square feet from EWA to construct a retaining wall. Access and construction for this is
from the 1-5 right-of-way to the east of the site.
EWA representatives have been advised that no new staging or other temporary uses on the site
will be allowed unless appropriate permit approvals are secured. CDD staff have also advised that
they are willing to consult and discuss with EWA any proposed temporary or permanent uses on
the site. Additionally, to address the driveway relocation request, access issues can and will be
analyzed and addressed as part of any future permit review process.
Next Steps
CDD staff will be monitoring the current constituent inquiries for the timeframes provided by
EWA and continuing to follow up with representatives from EWA to understand their short and
long-term plans for the site in order to provide guidance and direction to ensure code
compliance, permit processing requirements, and public engagement responsibilities are
met. CDD staff will also keep Mr. Vakili advised on future discussion with EWA related to this
matter.
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
Paz Gomez, Deputy City Manager
Vicki Quiram, Utilities Director
Ron Kemp, Assistant City Attorney
Mike Strong, Assistant Director, Community Development
Eric Lardy, City Planner