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Home My WebLink About1994-05-18; Planning Commission; ; CUP 194BX2 - CARLSBAD AQUAFARMS-- STAFF t ,t,_.NER: ANNE HYSONG . r;r}- STAPP REPORT G) DATE: MAY 18, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 194{BJx2 -CARLSBAD AOUAFARMS -Request for an extension of a conditional use permit allowing the continued operation of an aquaculture facility in and adjacent to Agua Hedionda Lagoon and the Encina Power Plant in the OS Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission· Resolution No. 3658 approving a five year extension of CUP l 94(B)xl based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting an extension of a conditional use permit allowing an aquaculture facility consisting of approximately 5 lagoon acres and approximately .2 acres of shore base and processing facility located in and adjacent to Agua Hedionda Lagoon just north of the SDG&E power plant. Onshore, the facility currently consists of small structures containing depuration tanks, processing facilities and laboratories, wet storage tanks, and other miscellaneous equipment. Although the project has not expanded its site area, it has intensified the coverage of the site through the a~dition of tanks and small structures used for the research, storage, and/or cultivation of mussels, abalone, and lobsters. Also, through an arrangement between SDG&E and Carlsbad Aquafarms, CalBioMarine has temporarily relocated its small research lab from the SDG&E site to the Carlsbad Aquafarms site until April, 1995. According to SDG&E; the CalBioMarine research laboratory will then relocate across the Lagoon to the Hubbs Seaworld facility. SDG&E moved Carlsbad Aquafarm's office trailer onto their site to accommodate this temporary arrangement. Carlsbad Aquafarm's mussel cultivation operation, conducted in the outer lagoon, has improved in appearance during the past three years through the use of long lines which are grouped in pairs and tied together. The result is that the floats which are visible at the surface are no longer distributed throughout the Lagoon. J CUP l 94(B)x2 -CA&...it.. ill AQUAF ARMS MAY 18, 1994 PAGE 2 ill. ANALYSIS Can the findings required for a Conditional Use Permit be made? Namely, 1. Is the aquaculture use necessary and desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to existing uses or uses specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the use? 3. Can all yards, fences, landscaping, and other features necessary to adjust the use to existing or pennitted future uses in the neighborhood be provided and maintained? 4. Is the street system serving the use adequate to handle all traffic generated by the use? DISCUSSION The aquaculture use_ conditioned to comply with the requirements of their Department of Health Services Shellfish Growing Area Certificate and Certificate for SheI)flsh Processing to avoid any potential health hazards, continues to be necessary and desirable for the development of the community. The project is in harmony with the various elements of the General Plan. Specifically, the Land Use Element includes policies and action programs which promote the preservation and support of agricultural land uses including aquaculture. The City's Open Space Conservation Resource Management Plan specifies as a secondary open space action priority for LFM Zone 1 that decisions regarding the outer portion of Agua Hedionda Lagoon should respect the current use of the Lagoon for the production of mussels. Although the onshore site has been intensified due to additional small structures and tanks described above, it remains substantially the same as the operation approved for extension on.April 17, 1991. The site is adequate to accommodate the present uses including the temporary CalBioMarine laboratory. The project is compatible with the adjacent uses since the majority of the project area is screened from Carlsbad Boulevard, thereby avoiding visual impacts and compatibility concerns, and the addition of small temporary structures and equipment to the site area for research and storage purposes creates no additional impacts to the surrounding area. Agua Hedionda Lagoon continues to provide an acceptable growing medium for mussels as specified by the current Shellfish Growing Area and Shellfish Processing Certificates issued by the State Department of Health Services. The project is served by a private drive located inside the SDG&E facility. SDG&E and the applicant have indicated that the street system is adequate to handle the minimal traffic generated by the aquaculture facility. Onsite parking continues to be adequate to supply the needs of the owner operators of this facility. -- CUP 194(B)x2 -CARLSBAD AQUAFARMS MAY 18, 1994 • PAGE 3 In summary, staff concludes that the findings required for extension of the conditional use permit can be made and therefore recommends that the Planning Commission extend CUP 194(B)x2 for five years through May 6, 1998. IV. ENVIRONMENTAL REVIEW Section 15301 of California Environmental Quality Act states that the continued operation of an existing facility is exempt from environmental review and, as such, the Planning Director issued a Notice of Exemption dated April 13, 1994. ATIACHMENTS 1. Planning Commission Resolution No. 3658 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution Nos. 1778, 1991, 2651 and 3214 5. Staff Report for CUP 194(B)xl dated April 17, 1991 6. SDG&E Letters, dated February 17, 1994 and March 7, 1994 7. Shellfish Growing Area Certificate of Approval and Certificate for Shellfish Handling and Marketing. AH:w:lh April 14, 1994 AGUA HEDIONDA LAGOON PACFIC OCEAN City of Carlsbad CARLSBAD AQUAFARMS CUP 194(B)x2 ; 4-ZS-·;4 4: 33PM ; 6194380894➔ CISCLOSUAI STAT!MENT ~PUCANT"l 11'AT'EMINT 01' 011CL01UJIII o, CIAT'Ai!N OWNIMHl,-INTIAIITI ON AU. APPUCAT'IONS WMIC:M WIU.. ~IQUl~I 0t1CAITIONMY ACTION ON THI ,Alff o, TMli CITV CCYNCIL. 0111 ~V A,POINT!0 IOARO. COMMISSION o,-COMMITTII. (PleH• Print} n,, followtn; information mu1t tM dllclo11d: , . AppQaat U1t tt,e "'"'•• and addrt11•• of Ill pemn1 having a flnancial lnter .. t In the appHcatJon. - 2. U1t tt'lt n1mt1 and addrtlNI of II peraona havtng any ownltlhlp lnterelt In tttt i:,,optrty involved. $1Ztce« -----·---------- 3. If any peraon idtntlled ,utuMI to (1) • (I) lio'lt II 1 -,oration or pa,Nflhlp, 1111 111 name, ar,~ addre ... , o1 IJI lndMdUIII owning "'°'' INft 109' of 11,e lhlrel In 1M oorporIUon or owning any pcV,ttlliij: intlrtlt II, tt'le plMetsnip. 4. If any ,,,,.on identified put1Ulnt to (1) • (I) elkM la a non.proll ortlniletlon or I INlt. lilt l'tt nam11 anc: adar ..... of ll'fY peraon MNltlQ u offlclt o, dlrNW Of tN non-,nflt organization or u truattt or ben1fici1r, of the truet. SENT :3Y: C ! TY OF C~LSS~D · _; ~-29-94 4: 33FIM : ~C!TT 33:= 3 s. ,.... vou ~-""" I\M IIIO WOii\ of Mlnlll IMIIIMd • Ifft ffltfflNt of City ltlff, loa,aa CommlllJotla, COfflmittNa ancl Co1.1noit wnNr, the Jut lWIIVI "'°""'' VII_ No~ It y .. , pl .... lndlOMt "'••n(1), _______________ _ (f:IQTI: Atlall\ lddltlOl\11 , .... 11 MOHll,Y,) - 'h-'<··.'\.:' r, • STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES FOO~ AND DRUG BRANCH CERT I FI CA TE FOR SHELLF:X 9----t H.Al'\IDLI NG AND MARJ<ETI NG CARLSBAD AQUAFARM, INC. 4000 CARLSBAD BOULEVARD CARLSBAD, CA 92008 LICENSE NO: 00410-il' EXPIRATION DATE: 02/14/95 THE PERSON NAMED HEREIN ,3 APPLIED AND QUALIFIES WITH THE REQUIREMENTS FOR THE HANDLING AND MARICETINC OF SHELLFISH (OYSTERS, c~ :'4USSELS, AND/OR SCALLOrs) AS SET IN SECTIONS 7706 762 INCLUSIVE, TITLE 17, OP THE CODE OF CALIFORNIA REGULATIONS. CERTIFICATION ArrLIES SOLELY TO THE ACTIVITY(IES) SPECFIED ON THE APPLICATION AND IS NOT TRANSFERABLE. j~FIRM IS AUTHORIZED TO SHIP INTERSTATE I_I FIRM IS NOT AUTHORIZED TO SHIP INTERSTATE ., ·•. STATE OF CALIFORNIA DEPARTIIEHT OF HDLTH SERVICES DlVllONIIDl'l'AL IWUIGEKDIT BRAMCB CB a T This is t.o certi which is ope.rated has been ex:a■ined the National RESTRIC'l'ED ·area., for OEPORA.TlON pr n.o..pNlllli■ ouUkr aectio CouatJ, cali .raaury 1, 1,, sn, xao. Tbis certificate California Certificate Number: ~4-ilQ "··--·-., .-..... ---... _, ___ .,......,, ____ .. , ..... described be.low, bad, CAlifornia, requirmaents of i~ication as a it ot shellfish es, ia tlul , &an Diego i■.-aed. OD. le eoapaay to t--:'..'-i)::_ f_ ·,:•1>:,._.,., :'1 .1•;,·-;._. ,, ,,,. ··, ,\, .• "' ' j J SfAFF REPORT DATE: APRIL 17, 1991 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 194{B)xl -SEAFARMS AQUACULTURE -Request for an extension of CUP 194(8) allowing the continued operation of an Aquaculture facility in an adjacent to Agua Hedionda Lagoon in the OS Zone, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission adopt Resolution No. 3214 approving a three year extension of CUP 194(8) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting an extension of a Conditional Use Permit allowing an aquaculture facility consisting of approximately 5 lagoon acres and approximately .2 acres of shore base and processing facility located in and adjacent to Agua Hedionda Lagoon just north of the SDG&E power plant on SDG&E property in the OS Zone. Onshore, the facility currently consists of four culture raceways and a small temporary office trailer, however, 40 low profile culture tanks, a 40' X 100' laboratory, and a roadside stand have also been approved. The last amendment, CUP 194(8), expired on May 6, 1990, and the applicant has requested that CUP 194(8) be extended for three years. Seafarms West, the current aquaculture operator, produces and harvests mussels using 37 mussel '1ong lines" spread throughout the five lagoon acre farm. Until recently, the growing area was certified as "conditionally approved" by the California Department of Health Services indicating that the growing waters meet the standards set by the National Shellfish Sanitation Program. However, due to high concentrations of fecal coliform found in mussels harvested by Seafarms, a 48 hour depuration process was required after harvesting and prior to shipment as a condition of their Shellfish Growing Area Certificate. In December, 1990, the Department of Health Services reclassified the Lagoon to a "restricted" growing area and Seafarms' Shellfish Growing Area Certificate was amended to require certification of Seafarms' depuration facility by the Department of Health Services Food and Drug Branch. ,.... CUP 194(B)xl -SEAF&, .. MS AQUACULTURE APRIL 17, 1991 PAGE2 m. ANALYSIS Seafarms West has continued to operate during the past 3 years with little change to the facility. Although amendments were approved to expand the operation, the facilities were never constructed. The applicant has indicated a desire to construct the approved culture tanks and roadside stand at a future time. Staff has conducted a lengthy review of the proposed Conditional Use Permit extension due to concerns regarding the potential health hazards associated with high concentrations of fecal coliform detected in mussels harvested by Seafarms West from the Lagoon. In July, 1990, the San Diego Regional Water Quality Control Board considered requiring an Agua Hedionda Lagoon Coliform Study for which the City of Carlsbad was to be one of the responsible agencies. Staff questioned the cost benefit of this study to the public since the purpose of the study was to identify sources of Seafarms' shellfish contamination and offer mitigation of potential health hazards. Subsequently, the City was advised by the San Diego Regional Water Quality Control Board that shellfish contamination has been determined to be a regional problem and would be addressed on a regional basis. On November 20, 1990, the Department of Health Services (DHS) closed Agua Hedionda Lagoon to the harvesting of shellfish for human consumption due to increased coliform counts. Four weeks later, the Lagoon was reclassified from a "conditionally approved area" to a "restricted area" because an evaluation of water sample data conducted from January through November 1990 revealed that the growing area failed to meet the requirements of the National Shellfish Sanitation Program for an "approved area." Due to this reclassification, Seafarm's Shellfish Growing Area Certificate was amended to require certification of their depuration facility by the DHS Food and Drug Branch and to prohibit the sale of any uncertified shellfish for human consumption. Staff is satisfied that the Department of Health Services certification requirements described above will satisfactorily mitigate any potential health hazards associated with Seafarms' products. In addition to requiring compliance with all terms and conditions of the Department of Health Services "Shellfish Growing Area Certificate" and "Certificate for Shellfish Processing'', Staff is recommending that Seafarms submit monthly results of tests performed in conjunction with their Shellfish Growing Area Certificate to the City as well as notify the City Engineer within 48 hours of any change in certification status. Also, Staff recommends that Seafarms enter into an agreement with the City acknowledging full awareness of the potential for harvesting closure and interruption of sales due to unacceptable levels of coliform in the growing area and agreeing to waive all claims for causes of action against the City, the Encina Administrative Agency (EM) and its member agencies or their officers and employees. CUP 194(B)xl -SEAF Aiu"1S AQUACULTURE APRIL 17, 1991 PAGE3 Planning Issues Can the findings required for a Conditional Use Permit still be made? Namely, 1. Is the aquaculture use necessary and desirable for the development of the community, essentially in harmony with the various elements and objectives of the General Plan, and not detrimental to existing uses or uses specifically permitted in the area? 2. Is the site adequate in size and shape to accommodate the use? 3. Can all yards, fences, landscaping, and other features necessary to adjust the use to existing or permitted future uses in the neighborhood be provided and maintained? 4. Is the street system serving the use adequate to handle all traffic generated by the use? DISCUSSION The aquaculture use, conditioned to mitigate any potential health hazards, continues to be necessary and desirable for the development of the community and in harmony with the various elements of the general plan since it is an agricultural use which is allowed in the Open Space Zone upon approval of a conditional use permit. Agricultural uses are permitted throughout the City by the General Plan Land Use Element. The site continues to be adequate in size and shape to accommodate the use particularly since none of the approved facility expansions have occurred. Due to the widening of Carlsbad Boulevard, it is unlikely that adequate space remains to install all of the 40 culture tanks approved by CUP 194. The applicant has complied with conditions reqwnng site screening from Carlsbad Boulevard with a chain link fence and redwood slats, however, the required landscaping along Carlsbad Boulevard to screen the project has never been planted due to the road widening and the failure to expand the facility. The street system serving the project continues to be adequate to handle the minimal traffic generated by the aquaculture use itself. The employee/owners enter the project through the SDG&E entrance and adequate parking is provided onsite. Access to the roadside stand, when constructed, will be provided by Carlsbad Boulevard and the existing fishing area loop road. Parking onsite will be provided. CUP 194(B)xl -SEAF.Ai~S AQUACULTURE APRIL 17, 1991 PAGE4 SUMMARY ---- Staff concludes that the :findings required for a conditional use permit can still be made and therefore recommends that the Planning Commission extend CUP 194(8) for three years through May 6, 1993 as allowed by Planning Commission Resolution 2651 approved May 6, 1987. IV. ENVIRONMENfAL REVIEW Section 15301 of the California Environmental Quality Act states that the continued operation of an existing facility is exempt from environmental review and, as such, the Planning Director has issued a Notice of Exemption dated April 17, 1991. ATTACHMENTS 1. Planning Commission Resolution No. 3214 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolutions 1778, 1991, 2651 5. Staff Reports for CUP 194, CUP 194(A), and CUP 194(8) 6. Letter dated April 9, 1990, from SDG&E 7. Letter dated May 11, 1990, to Dr. Richard D. Glenn, Ph.D. 8. Letter dated July 11, 1990, to Mr. Arthur L. Coe 9. Letter dated July 23, 1990, to Mr. Douglas W. Price 10. Letter dated September 17, 1990, to Mr. Lloyd Hubbs 11. Letter dated September 25, 1990, to Mr. Lloyd Hubbs 12. Letter dated October 4, 1990, to Mr. Arthur L. Coe 13. Letter dated November 20, 1990, to Dr. Richard D. Glenn, Ph.D. 14. Letter dated December 17, 1990, to Dr. Richard D. Glenn, Ph.D. March 18, 1991 AH:km:lh <~ity of C7.rlsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE OISCRl:TIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. • .. ·-·- (Please Print) The following information must be disclosed: 1. Applicant List tha. names and sddre3sas of all persons having a financial intarast in the application. ,Id.at M i?A w $ • _. --------------lo 'lU CAbllAtl'li ll,Y • ?"4:e • WU M4ff' CA> f'al'ff'R ft/I ldtn(.Q e,eRar PR. C4!iWfJ40 • \ ' - List the names and addresses of all persons having any ownership interest in the property involved. San Diego Gas & Electric Company • P.O. Box 1831 ____________ ;--.. _____ _ San Diego, CA 92112 ATTN: Manager, Land Services 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi· interest in the partnership. _,,;..£ azec,,,ee9-H;41 _,t~e~tl'"'"""'A~t--M,:;..___,~~'.6!-~vwt->---@~~--(---t:_._~""'MP/,':,,h~~-------------- R«;tJq Z?• &.40NI'( ,J,,~~. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiar of the trust. (Over) ' \ -- Disclosure Statement Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Boar:- Commissions, Committees and Council within the past twelve months? Yes _ No .X. If yes, please indicate person(s) ___________________ _; Person is defined as: 'Art-/ individual, firm, copannership, joint. venture, association, social club, fraternal organization, corporation, estate, trJa, r:>eeiver, syndicate, this aria any utlittr county, city and county, city municipality, district or other political subdivision, or 3trJ other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Print or type name of applicant AGUA HEDIONDA LAGOON PACIFIC OCEAN City of Carlsbad SEAFARMS WEST CUP 194(B)x1 l r- STAFF REPORT DATE: March 11, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: CUP-194 -AQUACULTURE SYSTEMS INTERNATIONAL - Request for a conditional use permit to expand aquaculture research labortory located o~ the east side of Carlsbad Boulevard between the Encina power plant and Agua Hedionda Lagoon. I. PROJECT DESCRIPTION The proposed project is the expansion of the existing agua- culture facility to install 40 low profile, circular culture tanks for breeding fish and shellfish for research purposes and commercial distribution to local restaurants and markets. The expansion would also be utilized for further research in the use of thermal effluent in aquaculture. As shown on Exhibit "A", the proposed project would extend approximately 600 feet south along Carlsbad Boulevard from the current labortory. A three year phased construction plan is proposed by the applicant; 8-10 tanks would be installed the first year, 10 the second year, and 20 the third year. Four fish culture raceways, long rectangular tanks in which fish are grown to maturity, are planned for the southern portion of the project, adjacent to the existing labortory. The raceways would be 46 feet by 8 feet by 5 feet high. Surrounding property is zoned open space to the north and public utilities on the other three sides. II. ANALYSIS Planning Issues 1} Will the project meet the required findings for a conditional use permit? III. DISCUSSION As designed, the project is in harmony with the objectives of the General Plan. Aquaculture has been designated as an agriculture use by the California legislature. Agricultural uses are allowed as permissable land uses in open space. Additionally, the open space designation in the zoning ordinance recognizes agriculture as a permitted use. There is 1100 feet between the existing aquaculture labo- ratory and the public fishing area on Agua Hedionda Lagoon. The proposed project, upon completion, would extend for approximately 600 feet of that distance and would be approxi- mately 55 feet wide. Each of the 40 tanks to be installed is 18 feet in diameter and 5 feet high. Staff believes the site is adequate in size and shape to accomodate the pro- posed use. To preserve the scenic view along Carlsbad Boulevard and to minimize the visual impacts of the proposed project, a landscaping and irrigation plan will be required as a condi- tion of approval. Access for the proposed project would be from the public fishing area to the north of the site. Staff expressed concern regarding potential traffic impacts; therefore the applicant hired a traffic engineer to review the proposed plans. The engineer concluded that the project would have no impact on traffic. The current aquaculture labortory generates six trips per day and the proposed expansion is not expected to increase that number. There is also suffi- cient off-street parking to accomodate the staff which/will be 2-4 employees. Staff finds that the proposed expansion does meet the required findings of a conditional use permit. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration dated February 2, 1981. V. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and adopt Resolution No. 1778, APPROVING CUP-194, based on the findings and subject to the conditions contained therein. -2- ATTACHMENTS PC Resolution No. 1778 Background Data Sheet Location Map Reduced Site Plan Disclosure Form Environmental Documents Exhibit "A", dated January 8, 1981 JC:jt 2/24/81 -3- Bl\CKGROUND DA'm SHEfil' CME NO: aJP-194 APPLICANT: J\WACULTURE SYSTEM:; INTERNATIOOAL • REOJEST AND ux:ATION:. Expand aquaculture research· lab:>ratory on the east side of· CB.rlsbad Ibulevard between the Eocina plant am the public fishing area. Im DE:SCRIPl'ION:, All that portion of Map 823 filed November 16, 1896. Assessors Parcel NumJer: __ 2_1_0_ --__ 0_1_0_ 29 Acres -----.75 No. of lots ___ 1 ____ _ GENEEW. PIAN AND ZOOING General Plan Land Use Designation __ u _____ _ Density Allowed ___ N_/A ___ _ Existing Zone -----=P;_-U-=--------- SUrrounding Zoning and Land Use: zoning .North 0-P ----- SOUth P-U ------- Fast P-U ----- West P-U ----- Density-~sed ___ N/_A ___ _ Proposed Zone ---=N/<..;:A-=--· __ _ land Use Vacant & Agua Hedioma. I.agoori Encina Power Plant AgUa 'Hedionda Lagoon_ Pacific Ocean POBLIC FACILITIES School District Water District Sewer District • carJsbad car1sw lsbad -:EDU's I _..Jlc=:ar:::::.=-=c------------_ ... N¥"'"'A ...... ____ _ Public Facilities Fee Agreement, dated __ ___.,J;!Jdmn-ia ... ·ry~...,B.,_, ...,1...,9~8:.l _______ _ (other: ----------------------~---> mw.IroNMENTAL IMPACT ASSESSMENT ------X---Negative Declaration, issued Febrpa:cy 2. 1981 iO:I No. QJP-194 Nin E.I.R. Certified, dated _________ _ ; Other,----------------:---------------- .. . • -----~ --------:--,--.:-.........__ ... Clerk • 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 TELEi'HONE: • (114) "38-5921 •· ... . • .·• •• •• • •••• NEGATIVE DECIJ\RATION .. . ~ . . . . . . -.•• .. ' .. · ..... ;_ . PROJECT ADDRESS/LOCATIOO'} _ F.a.st side_ of carlsbad Boulevard I b:~ the • • •• • •• -• • • • • •• •• • 4-• • • .... •. ~ ·. ~-. : . ~ ·oiego: Gas .am Electric ~ plant and Ag;w1 • lledionga· If<Ec?n~: .. • .. . . . . . ·•· '•. •. .. -.... · PROJECT DESCRIPTICN: . Aguacul.ture facility for-researcli-am to raise· • oannercial fish for distribution to local restaurants an:i markets. ----~--------------------------------.. • .. •. _ _-.. _ . · ... · .. The.City_ of Carlsbad has conducted an environmenta~ re,1ew of the aboie de~cribed project pursuant to the Guidelines for Implementation of the .California . . Environmental Quality Act and the -Environmental Protection Ordinance of the .•. City of Carlsbad. As a result of said review, a Negative Declaration (declaration ~ • that the project will not have a signific3J'lt impact on the enviro:mn.ent) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. . • ._ . . . . .:·· ... , .. • . . • .. A copy of the Negative Declaration with supportive doCllllents is on file in the ·Planning Department, City Hall, 1200 Elm A\·enue, r.arlsbad, CA-.. 92008. -CoJ!lJ11ents .• from the puh~ic. arc invited. Please submit colffl!'Cnt~ in writing-to the P~a~ni~ . _. •. Department w1thm ten (10) days of date .of pubh_c~~~,...'.'2~;,::.:'.'. . : c· .... ·. . 1/__,,. · • : · · DAT~D: . FebruaJ;r ~0,· 19~1 • SJ~D;·< / _ -~ ;~ . .-• • --. ·:··:· -~ CASH NO: . 9Rf=144 /',, Director of Planning . ~'~. • ·_ /: • C~tr _or C~r~~bad_. Y. . •. ·.· •.... • Al'PLIC.J\NT: ~ -J"' . . .;.;;.:::;;,;....;_;._--------------....• -... ..-..-_,, .. ;i,,...):~_,.~:.,_ .... _~-....~"'·•"'..--~-~,i~-...'( .... _~ ...... ~\~,,t!,~-·-·•···-- l>uBL] S1 f I T>ATE: February: 25,. 1981 . . • ,; ..... .. -.. -. Ml 4 .LOCATION CASE NO. cue 19:1: APPLICANT AQLI!,.C.Uk:t:UP.6. .-, afl AP. -., . VlC,I W lT :X: MP.,.P r 8 8 ....... ,....,;, . ✓-',,' Hedionda Lag- C..llq 9Met I■-lula) • I --: . LOCATION MAP \ i I ,. ... , ,., ... ,.. ,.. ... --·~ -·· ....... ,9' ...... ...,.,'----.._,_ I .... ," ,,, .._ .. -.--. ..... __ ..... ..,.-_ ........ -....... -----------... ~-------------.. ---------·-•-.. --.... -----... --------------·-· j.eaE Thr••I EIII•-• L•••• I I Scale, 1111ch• 30 ... , C#raalar ,1a1, C•lfare Taalta .,, .......... " .. .,,,,,, fa I I I I I I I,,.. .,,.UII ..• etlwaetl Cll•l•-llalt '•••• .(h ...... nl■ll■r Ntll-WIH ·•-> SITE PLAN ' { AlftlCAN1• IHftNDH UH· -.----Marine culture a-rch If after the information ,.-_l have submitted has been revi..-'Xl, it is determined that further information is required, you will be so advi~-d. APPLICANT: AGENT: .MEMBERS: AQUACULTURE SYSTEMS INTERNATIONAL Name (individual, P<;lrtnership, joint venture, corporation, syndic~tion) • 11211 Sorrento Valley Road, Suite E, San lJiego, C-" 92121 Business Address (714) 452-5765 Telephone Number Name Business.Address Telephone Number Jon c; ·van 01st Name (individual, partner, joint venture, corporation, syndication) 8167 La Jolia Shores Dr., la jolla~ CA Home Addres& 92037 11211 Sorrento VaJley Road, Suite E, San Diego, CA 92121 Business Address (714) 452-5765 Telephone Number James M. Carlber.g Name (714) 459-4595 • Telephone Number 5721 Bellevue Ave., La Jolla, CA 92037 Home Address 11211 Sorrento Valley Road, Suite E, San Diego, CA 92121 Business Addr~ss (714) 452-5765 (714) 454-6453 -----------------Telephone Number Telephone Number Theodore H. Smyth 4234 Cresta Avenue Santa Barbara, CA 93110 (805) 682-2981 (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it wiil remain true and correct and may be relied upon as being true and correct until amended. ,,- 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 -TELEPHONE: ~Wt.lJ\i~ 438-5591 • PLEASE TAKE NOTICE: (:itp of <tarl~bab PUBLIC NOTICE OF PREPARATION The Planning Department of the City of Carlsbad intends to prepare a Negative Declaration, x Conditional Negative Declaration, ---E.i,vironmental Impact Report for the following project: Project Description: Aquaculture facility for research and to raise ccmrercial fish for distribution to local restaurants and markets . Project address/Location: East side of·carlsba.d Blvd, between the ~ SDG&E power plant and Agua Hedionda lagoon. Anticipated significant impacts·: As corrlitioned, no significant •impacts are anticipated from this project. We need to know your ideas about the effect this project might have on the environment and your suggestions for ways the project could be re- vised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environmental review of this project. Your comments on the environmental impact of the proposed project may be submitted in writing to the Planning Dcpar t, 1200 Elm Avc.Dl~- Carlshad, CA 92008, no later than Feb 28 19 1 _;....._..;....;..~"'Pl.~~~;-f-..___/ DATED: !§{.-.? tq8J l CASE NO: CUP-144 APPL I CJ\N'f: AQUACULTURE PURLJSil'DATE: _February 7, 1981 Planning Director City of Carlsbad ND 3 ' •· ' . , FEE $100.00 RECEIPT NO: ------ • ENVIRONMENTAL IMPACT ASSESSMENf -FORM -Part I (To be Completed by APP~ICA~1T) • O\SE NO:. . ' .. -------- DATE: • January 5, 1981 Applicant:· • Aquaculture Systems International Address of Applicant: 11211 Sorrento Valley Road; Suite E San Diego, CA 92121 Phone Number: ( 714) 452-5765 Name, address and phone number of person to be contacted (if other than Applicant): Jon C. Van 01st, Presi de.nt • (Address same as above) -. -·GENERJ\L INFORM .. \TION: Description of Project: Expansion of existing aquacultu~e research laboratory at the Endna Power Plant of the San Diego Gas & Electric Co~-=-~ ____ _ . Project Location/Address:· Encfo~ Power Plant·of SDG&E, 4600 Carlsbad Boulevard, Carlsbad, CA 92008 _ Assessor Parcel Number: 210 .: • 010 -• 29 --- Zeme of Subject Property: _o_-_s ___ o..;.p_en_·_s..;.p_a_ce _____________ _ Proposed Use of Site: To install additional culture tanks to allow further research on the beneficial use of thermal effluent in aquaculture. --------________ ..;_ ___________________________ -::- . . List all other applicable applications related to thi~ project: A Conditional' Use Pennit App1ication·had been filed as specified in the General Plan. Upon approval of this discretionary pennit by the Planning Commission a Coastal Pennit will be obtained from the San Diego Coast Regional Co~ission. ------- .. . .-- . '. .. 2. . . ... 3 •. 4: • 5 . .. .. ,, 7. . ••. Des~ribe the activity area, including distiguishing natural and manmade charactbristics; also provide precise. slope analysis when nppropriatc. The .s·ite is adjacent to Highway 101 and is part of the beY'fl1 constructeµ for Carlsbad_Bou1evard and for t~e retention of a'cooli water. reservQit·fo_r .. the power .plant. The par-eel is compos'ed .of sand from dredge spoils and is pr.ote~ted from•erosion by rip-rap. The proper-ty is flat and has no natural vegeta:tfo.n .and is cur_rently used by the 1.4tility as a service corridor for overhead utility.Jines. . .. .· Describe en~rgy-con·s·cr-vation measu·res incorporated into the design and/or operation of the project. (For a more· specific discussion of energy conservation requi~ements see • . . of the City's EIR fJuidelines') . Over 80% of the electri • cal euergy. produced in-the U.S. is generated fiy st~am power plqnts .. In this process from ~0.'-65%_of the:.fuel _e.nergy input is lost to the condenser cdoling water _and . d1scharged • into th&··env, ronment as waste ·heat. The amount of waste heat reJected .(11 X 10 15 BTU annually) is equivalent to 15% -of the Nation's tot.al energy .consump- tj on. Aquaculture is .one· method of beneficially using p.ower pl ant thenna l effluent ·.to increase the production of valuable fish and shellfish and redu~e our dependence . on already~ove~-exploited fisheries. . • If resi~ential, include the number of units, schedule of unit sizes, range of sale prices· or rents, and type of .. ~household size expected. • *(ITEMS 4-6 N/A Aquaculture is deft~ed ~s.J\griculture) • ... .. _ •. _ .. 1. -· ~--. . . .. , : :-~. -. . • -. -. • , • .:. ;'I:.~ If commerciai ,· indicate the type, whether neighbor~ .ood, city or regionally oriented, squa_ie footage of sal0s area, .and loading· facilities. .• . _, . • • I~. •· If industrial, indicate type, estimat~d empl,oyment per shift, and loading facilit'ies. . . .. ' • • • . ,. If institutional, indicate the major function., cstimntcd employment.per shift, estimated occupnncy, lauding facilities, and commun~ty benefits to be dcrivc<l from the project. The ·function of the laboratory will be to conduct research on the use of thermal effluent in aquaculture .• We will tiave. z· .. 4 employees• oa a standard. 8 hour shift. There wi 11 be no 1 oadi ng faci 1 i ti es. . • The community benefits . wil 1 be: • pub-1 i c displays af\d an education center if desi.rable.· .. . ... .. ... 1. ENVIRONMJ!!NTAL "IMPACT ANlH . .YSIS Answer the following questions by placing a check in the •· appropriat:c space.· (Discuss all items checked yes. Attach additional sheets as necef?sary) ... • 1) 2) Could the project significantly changEl prese11t ·1and_uses i~ the vicinity of th;e_activity?· Could th~ activity affect the use of a rec- reational area, or area of important aesthetic value? 3) Could the activity affect the functioning of an established community or neigliborhood?-. . 4) Could the activity result in the displacement • of COJ!UllUnity residents? ,. 5) Could the activity increase the number of low -and roodera~e.cost housing units in the city? 6) 7) Could the activity decrease the numb~r of low and modest cost housing units in the city? Are any of tne natural or man-made f.eatures in the activity area uni.qu('!, that-is, not: found in other .parts of the County, State, or Nation? • • ·could the activity significantly affect a historical or archaeological site or its ·settings? 9) Could the activity significantly affe·ct the potential use, extraction~ or conservation of a scarce natural resource? • l0)· Does the activity area serve as a habitat, food source nesting pl~ce, soutce·of_water, etc. for rare or endangered wildlife on fish • species? 11) . Could the a·cti.v5.ty significantly affect fish, wildlife or plant life? ·12} 13) . ~re there any rare or endangered plant species in the activity area?. .. Could the activity ch~ngc existing features of any of the city's lugoons, bays, or tidclnnds? ·-. YES NO X X X X X X -X X X X x. • ... . . . , . 14) Could the activity change existing features of .any of the city's beaches? 15). Could· the activity result in the erosion or el3:mination of agricultural lands? 16)' Could the activity serve to encourage develop- ment of presently undeveloped areas or intesify development of already developed areas? 17). Will the activity require a ·variance from established environmental standards (air, water, noise, etc)? 18) Will the activity require certification, authorization or issuance of a permit by any .local, state or federal environmental control agency? 1~) Will the activity require issuance of a variance or conditional use permit by the city? 20) Will the activity involve the application, use, .or dispo~al of potentially hazardous materials? 21) .Will the activity involve construction of ~acilities in a flood plain? • 22) Will the activity invclve constructic,n of f?cili ties on. a slope of 25 pe_rcent or· greater? 23) Will the activity involve construction of . facilities in the area of an active fault? 24)" . Could the act:tvity result in the generation , . of s~gnificant amounts of noise?, 25) 26) Could the activity re·su'lt in the generation of significant a·rnoun"ts of dust? • Will the activity·involve the burning of brush,. trees, or other materials? 27) Could the activity result in a significant change in the quality of any portion of the . region's air or water resources? (Should note, surface, ground water, off-shore). 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? 29) Wi.ll there be n. significant ch_angc to existing lbncl form? • • X ', . X ·--. X .X " ... X ·X X x· X X . X ..• X X . . ·.x .. X . X 4 (a) indicate ·t~stimated gradlng to be done in • cubic yards __ N_o_n_e ____ _ (b) percentage of alteration to·the present land form . None ------------. . (c) maximum height of cut or fill.slopes None 30) Will the activity result in substantial increases in the use of utilities, sewers., _drain·s, or streets? 31) Is the activity carried out as part of a. l'.arger· ·project or series of projects? .. .. ·- ·, . -s- ' • X • ----... . . II. STATEMENT OP NON-SIGNIFICNIT • ENVIRONMENTAL EFFE'CUi If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: Tw~ items· were answered in the affinnative: No. 18. The discharge of seawater from the aquaculture facility will require a NPDES permit from the EPA and Regional Water Quality Control Board. · This will be combined with the existing NPDES Permit · held by SDG&E. No. 19. The General Plan provides for aquaculture development in any _zone,-however, a CUP is required. . . .III~ "COMMENTS OR ELABORATIONS ·ro ANY ·op "TI-IE QUESTIONS IN "SECTION I '(If additional space is needed for answering any questions_ attach additional sheets as may be needed)-. See Attachment. Date Signed·_· ---~-4J.--~·L.:::·:::11· UII. ~l-=!,1-·-· _:s,_,,~/..;..~;;:;.;'r/~· • __ • ·_· _-·_· _· ·_· _· ·_· - . . .. . 111. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I There are a few items that may require further clarification: No. 2 Could the activity affect the use of a recreational area, or area of important aesthetic value? The space is currently surrounded by a barbed wire fence to restrict trespassers from approaching the heavy equipment, floating dredge and oil storage tanks at the north end of the power plant. We propose to upgrade the barbed wire to a redwood chain link fence to match the existing fence around the laboratory and effluent pond. The area presently is used for storage of old timbers from the floating log boom. No. 7 Are any of the natural or man-made features in the activity area,unique, that is, not found in other parts of the -County, State, or nation? The unique aspect of this site is that it is located adjacent to a source of seawater at elevated temperature that is essential for the culture of warrrwater species. Thennal effluent is presently considered a pollutant but can be viewed as a resource if beneficially used in fish culture. No. 9 Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? The proposed aquaculture laboratory expansion will allow further research to reclaim a waste heat resource, enhance the production of fish and shellfish, and reduce our dependence on already overexploited fisheries . . No. 13 Could the activity change existing features of any of the City's lagoons, bays, or tidelands? The proposed aquaculture laboratory expansion would not directly affect the adjacent lagoon but could lead to the enhancement of its fish and shellfish productivity. No. 27 Could the activity result in a significant change in the quality of any portion of the region's air or water resources? The use of thermal effluent in fish culture may reduce the amount of heat dissipated to the environment or partially compensate for any adverse effects caused by the discharge of thennal effluent from the power plant. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I CONT'D. No. 30 Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? The aquaculture laboratory expansion will require no increase in the number of personnel. Off-street parking requirements will not be affected. Therefore, there will be no increase in traffic on Carlsbad Boulevard and no additional demands on the sewer capacity. • "ENVIRONMENTAL JMPACT ASSESSMENT FORM -Part II {To Be Completed By The PLA.°t\JNING DEPARTMENT) C.ASE NO. euP I CJ.+ DATE: \ -1-S--ce>f ·.- I. BACKGROUND 1. APPLICANI': Asu1te,uLTul£ s'l .\:f6,tAS _ •• k4i£,:j,,\c:J1cn--u-Q 2. ADDRESS AND PHONE NU\IBER OF APPLICANT: ------------ \l '2-l I So rreJ.\ w· Va.., l ey ·Ro ctJ·. I s u i ~ • E ·so·tA • Diel a ,-c 1f • • 9 ~ 1-i:1 (1 ,+J • y ·s:·'l-·· s-11.,~ 3. DATE OIECKLISI' SUBMI'ITED:·. ·tv,. • ·:z J ·1c;·si ............ . II •• ·ENVIRONMENTAL • IMPACTS (EXPLANATIONS OF ALL AFFIRMATIVE .ANSWERS ARE TO BE WRITI'EN UNDER Section III -DISCUSSION OF ENVIRONMENTAL EVALUATION) 1. 'F.arth Will the proposal have signi- ficarA·.;. results in: a. lhlstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or grotmd surface relief features? d. The destruction, covering or 1nodification of any unique geologic or physical features? eA Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or ero- sion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stre:.tm or the bed of the ocean or any bay, inlet or lake? ·yes • ·Maybe -' ····x ND 2 • ' ,,-.. -._ ·/ ·Yes Ma~e No ;- 2. Air: Will the p~sal have sign~c✓ results in: a. Air emissions or deterioration of ambient air quality? 'I. . b. The creation of objectionable .. • odors? 'A c. Alteratio~ of air movement, m.ositure or temperature, or any . change in climate, either locally or regionally? ~- 3:,-Water: . Will the proposal have sigi- ficant results in: a. Changes in currents, or the course or direction of water move- ments, in either marine or fresh -( waters? .: b. Changes in absorption rates, • drainage patterns, or the rate and amount of surface water runoff? '/.._ • c. Alterations to the course or flow·of flood waters? . . "I- d_ Change in the amount of sur .. ' . fa~e water in ~y water body? . ··x ,.;.-.,.. e. Discharge into surface waters, or in any alteration of surface .water quality, including but not limited to temperature, dissolved -X oxygen or turbidity? f. Alteration of the direction : .. ·x or rate of flow of grolllld waters? g. Change in the quantity of ground waters, either through • direct additions or withdrawals, or through interception of an -aquifer by cuts or excavations? . :-.. \ ' .. . X. h .. Reduction in the amount of water otherwise available for public water supplies? ····><., .. 4. Plant Life. Will the proposal have signi- ficant results in: • a. Change in the diversity of species, or numbers of any species .of plants (including. trees, shrubs,. . grass, crops, microflora and aquatic plants)? b. Reduction· of the rnmibers of any unique, rare or endangered species of plants? . • c. Introduction of· new species of plants into an area, or in a barrier to the nonnal replenish- ment of existing species? d. Reduction in acreage of any agricultural crop? 5. • .Animal Life. Will • the proposal have s;i.gni- ficant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of· any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration.or movement of animals? • d .. Deterioration to existing fish or wildlife habitat? 6. • ·Noise. Will the proposal signi- ficantly increase existing noise levels? 7. • 'Light ancJ Glare. Will the pro-- posal significantly produce new light or glare? 8. Land Use. Will the proposal have significant results in the alteration of the present or planned land use of an area? ·yes Maybe No ,; X . \ ,-.. ,.a --,,.-.. ' ,-..__, '· . Yes •• ·Maybe ·No - 9. Natural Resources .. • Will the pro- posal have significant results in: a. Increase in the rate of use of any natural resources? )(. • b. Depletion of any nonrenewable natural resource? 'I... 10. Risk of Upset. Does the proposal involve a significant risk of an explosion or the release of haz- ardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset . -----x conditions? 11. • ·population. Will the proposal significantly alter the location, .distribution, density, or growth rate of the human population of ... ·"(_ an area? 12. Housing. Wiil the proposal signi- ficantly affect existing housing, or create a demand for additional .... i--_ housing? --·· 13. • ·T:tarts:eortation/Circulation. Will .... the proposal have significant re--· sults in: • a. Generation of additional .vehicular movement? ···x b, Effects on existing park:ing facilities, or demand for new parking? :···x c. Impact upon existing trans- portation systems? .... ; """')( d, -Alterations to pr~sent patterns of circulation or move- 111ent of people and/or goods? ... 'X •• . . e, Alterations to waterborne, rail or air traffic? ... X f, Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? ·.--"' .. • ·-4- 14. Public Services. Will the pro- posal have a significant effect upon, or have significant results in the need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational • facilities? e. Maintenance of public facili- ties, including roads? £." Other governmental services? 15. Energy; Will the .. proposal have signIIicant results in: a, Use of substantial amounts of fuel or energy? b, Demand upon existing sources of energy, or require the develop- ment o"f new sources of energy? 16. ·utilities. Wil.l the proposal have· significant results in the need for new systems, or• alterations to the followi~g utilities: a. Power_ or natural_ gas7 b, Communications systems? c. Water? d. Sew.er or septic tanks7 e, Storm wate_r drainage? f. Solid waste and disposal? 17, • lluman Hcnlth. Will the proposal have signig1cant results in the creation of any health hazard or potcntinl health hazard (~eluding 1ucntal hcnl th)? .. 5 . • Yes Maybe No ,; ')( "' .• ·)(' i ..... X .. ·x: ... y.._ .... it .... K ... Y-... """I-• .. 'L • Yes Maybe Ne 18. · Aesthetics. Will the proposal have significant results in the obstruc- tion of any scenic vista or view open to the public, or will the pro- posal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will-the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? . 20.. Archeological/Historical. Will the proposal have significant results. in the alteration of a significant archeological or historical site, • structure, object or building? .- 21. ANALYZE VIABLE ALTERNATTI'ES TO THE PROPOSED PROJECT SUCH AS: a) PHASED JJEVELOPMf:NT OF THE PROJECT; b) AL1T:RNATE SITE DESIGNS; c) ALTEP,NATE SCALE OF DEVELOPMENT; d) ALTERNATE USES FOR 1HE SITE; e) DEVELOP1'>1111'1T AT SOME FU'TIJRE TIME RA'fl:'ER TI;IA.l\l NOW; f) ALTERi~TE SITES FOR TI-IE PROPOSED USE; g) NO PROJECT ALTERNATIVE. • K 'I-... . . 'L l • -Yes Maybe No 22. MANDATORY FINDINGS OF SIGNIFICAi~CE. a) DOES THE PROJECT HAVE Tiffi POTE'l-· TIAL TO DEGRADE TI-IE QUALITY OF _ 'IHE ENVIRONMENT, OR CTJRTAIL Tiffi DIVERSITY IN TI-IE ENVIRONMENT? )( b) OOES Tiffi -PROJECT HAVE 1HE POTEN- TIAL TO AOIIEVE SHORT-TER.\1, 'IO 'IHE DISADVAiWAGE OF LONG-TERM, ENVIRONMENTAL GOALS? (A SHORT- TERM IMPACT ON TI-IE ENVIRONMENT IS ONE \~HIOI OCCURS IN A RE- LATIVELY BRIEF; DEFINITIVE PERIOD OF TIME WHILE LONG-TERM IMPAC"fS WILL ENDURE WELL INID TI-IE FU1URE. ) c) OOES Tiffi PROJECT HAVE IMPACTS MUOI ARE INDIVIDUALLY LIMITED, BUI' CUMULAT~Y CONSIDERABLE? (A "PROJECT MAY IMPACT ON 1WO OR MORE SEPARATE RESOURCES WHERE 1HE IMPACT ON EAOI RE- SOURCE IS REI.ATIVELY SMALL, Bur WHERE 1HE EFFECT OF lliE . TOTAL OF TI-JOSE IMPACTS ON 1HE ENVIRONMENT IS SIGNIFICANT.) •• '/.... d) OOES 1HE PROJECT HAVE ENVIRON- MENTAL EFFECTS WHICH WILL , .... f.AUSE SUBSTANTIAL ADVERSE _EFFECTS ON HUMAN BEINGS, EITHER DIRECTLY OR INDIRECTLY? III.· LISCUSSION OF ENVIRONMENTAL EVALUTION --rkL ·'f4't11~ JlMl)tfd~~~ ~~ ~ -rt~/c. t'IM~cr I c,,..-i ~6e.J fll"J. S[U-~2R~ 1 ~ -n-~ ao ~f()Jee) oU'lo ftM-d.J fP ~ ~£ fr-: . --hi~~·~~~ k ~ aw,-~~ ~ti,~ o/.JJ.uS/n... , • • f'cl--3/ ~J ~+t/6Jl;._. f _ ~ t1Pfl /c ~ftk.cf .-Wl.LDU fa 10 ~,--~C{~ f~ -7-.. .• . • • DisaJSSION OF FNVIRONMENI'AL -EVALUATION (Cont:inued) . a.r,,, 1i..df1.. i:;..,. ;eu:/J ca-, M .., 4 t , , !, f _ d>f:-,,,,;nJJ-.,I 6-r -ft.,(_ ~. 1_ :; ~,, .. a.,,J ~;1,<~ ~(~. ' :;., I I ~ I$ I .· . • • • • • .. • • ' -: _----A -n':Jf( ~~-te>n 5~ · ~1cJ/~ --_ -~ • __ a~ ~~45 -~ '7 _ _ ~ Her, ('-T-;,r~ z/v/a() . -- .. ,. . .,...,,.. --' ' .. A. - .. . ,· .... ,, . IV. DE'IERMINATION. (TO BE COMPLETED BY THE PLANNING DEP.ARThffiNT) • On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although _the proposed project could have a . significant effect on the environment, there will not be a: significant effect in this case because the mitigation llleasures described on an attached sheet have been added to the project. A conditional negative declaration will will be prepared . •• J find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL L"IPACT REPORT is required. V. MITIGATING MEASURES (IF APPLICABLE) -9- . \ ,. .. r MITIGATING MEASURES (Continued) ,: VI "APPLICANT 'CONCURRENCE ·w1TI1 MITIGATING MEASL~ nus IS TO CERT!i:Y THAT I HAVE REVIEWED nm ABOVE MITIGATIONG MEA- SURES AND CONCUR w111-I TI-IE ADDITION OF 1HESE MEASURES TO TI-IE PROJECT. Date:· Signature of Applicant -10-.. .... ... I ii[ z ~O SULE AGUA ~----• 0 :::==-===============::::-!> power pole • HEDIONDA PACIFIC lAC0ON OCEAN. i' STIIHD IASS PIOJECT ENCINA POWEi PLANT i L._ .. .. ·1 i I i ... a, z z • :z: u .. C, a: • :z: u ., ii . I ,._.J . I I APP: ~~ SUIMI'Pl'AL DATE: .,UNE 10, 1982 STAFF REPORT DATE: July 28, 1982 TO: Planning Commission FROM: Planning Department SUBJECT: CUP-194(A), AQUACULTURE SYSTEMS INTERNATIONAL -Request for an amendment to a conditional use permit to expand an aquaculture research laboratory located on the east side of Carlsbad Boulevard between the Encina Power Plant and Agua Hedionda Lagoon. I. PROJECT DESCRIPTION The proposed project is the expansion of the existing aquaculture facility to include a 40'x100' laboratory addition immediately north of the existing facility. The laboratory would be used to conduct feasibility studies on the use of thermal effluent in aquaculture. CUP-194, adopted on March 11, 1981, approved a three-year phased construction plan to install 40 low-profile, circular culture tanks for breeding fish and shellfish for research purposes, and to allow commercial distribution to local restaurant and markets. The applicant intends to use this approval in the near future. Surrounding property is zoned open space to the north and public utilities on the other three sides. I I. ANALYSIS Planning Issues 1) Will the project meet the required findings for a conditional use permit? Ill. DISCUSSION As designed, the project is in harmony with the objectives of the General Plan. Aquaculture has been designated as an agricultural use by the California legislative. Agricultural uses are allowed as permissible land uses by the general plan and open space zone. There is 1000 feet between the existing aquaculture laboratory and the public fishing area on Agua Hedionda Lagoon. The pro- posed expansion consists of a 40'x100' pre-engineered metal building on a concrete slab to be located immediately north of the existing facility. Staff believes the site is adequate in size and shape to accommodate the proposed use. To preserve the scenic view along Carlsbad Boulevard and to minimize the visual impacts of the proposed project, a landscaping and irrigation plan will be required as a condition of approval. Access for the proposed project would be from the public fishing area to the north of the site. During review of CUP-194, staff expressed concern regarding potential traffic impacts. A traffic engineer was hired to review the proposed plans. At that time it was concluded the project would have no adverse traffic impacts. The current aquaculture laboratory generates six trips per day and the proposed expansion is not expected to increase that number. There is also sufficient off-street parking to accommodate the staff which will remain at 2-4 employees. Staff finds that the proposed expansion does meet the required findings of a conditional use permit. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration dated July 14, 1982. V. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and ADOPT Resolution No. 1991, APPROVING CUP-194(A), based on the findings and subject to the cond1t1ons contained therein. ATTACHMENTS 1) PC Resolution No. 1991 2) Location Map 3) Background Data Sheet 4) Reduced Site Plan 5) Disclosure Form 6) Environmental Documents 7) Exhibits "A" & "B" dated, June 14, 1982 AL/ar 7/20/82 -2- LOCATION u ... ~ 111:=DtOM~ • ·• ~ A,q~~ CASE NO. cu P 19kA APPLICANT AQU/\GUk-rutA6. MAP s.oc,),. s: ~~~A.. ~W1:!2- ~~T VlC,lhllT:( [1p,.p BACKGRCXJND DATA SHEET CASE NO: CUP-194(A) APPLICANT: AQUAaJLTURE SYSTEMS INTERNATIOOAL REQUEST AND LOCATICN: Expand aquaculture research laboratory on the east side of Carlsbad Boulevard between the Encina Plant an·· the public fishing area. LmAL DESCRIPTIOO: All that portion of Map 823 filed November 16, 1896 APN: 210-010-29 Acres .75 Proposed No. of rots/Units 1 ---------------- land Use Designation GENERAL PLAN AND ZOO!~ u ---------- Density Allowed N/A Density Proposed N/A ---'------------'------- Existing Zone P-U Proposed Zone N/A -----------_______ .___ _____ _ Surrounding zoning and Land Use: zoning Site P-U lt>rth South East west 0-P P-U P-U P-U Land Use Vacant & Agua Hedionda Lagoon Encina Power Plant .Agua Hedionda Lagoon Pacific Ocean PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A ------ Public Facilities Fee Agreement, dated ___ J_un_e_l_8~,.___1_9_8_2 __________ _ ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued July 14, 1982 E.I.R. Certified, dated -------------- Other, --------------------------------- 8 Scale, 1 inch, 30 feet 8 c- Carlsbad Agu• Hed/ond• L egoon Circul•r Fish Culture T•nlrs / 18' dlame&er 1 6' deep J o· roo· I I I I I I I I I I I Proposed Aquaculture Laboratory (40 XlOOft.) SITE PLAN •oo· ,ooo· LOCATION MAP rffLUENl_ DISCHA.IGI CHAM\IU Pacific Ocean ; SDGAE Therm•I Effluent L•goon Redwood Ch•in-linlr Fenc• A,,UCANT AOUACUL TUR£ SYSTt:US INTERN,t,T10NAL 11211""'"-V-Mcl :i,.,.o,eao c .... 1,2• DAU PUPA.UP MAYl0.1982 DRMHII INltNDfO UU Marine Aquaculture Research AREA ENCLOSED 0.8 acres OFFICE ENTRANCE l DRY LAI SHOP WET LAB BUILDING FLOOR PLANS ~ n7 FINGERLING TROUGHS LARVAL REARING SYSTEM OOOQ\:)Q_"")QQOO=x::)00 0:J000~00 JUVENILE REARING SYSTEM 000~0000 BROOD 5 TOCK REARING SYSTEM ~ 4011. AOUACUL TUfft' SYSTEMS IN'TDINATIONAL n•n--...uuu.n...., MNDIIQ0.~_,11 -•i -:r•-< 1,ltll-• -1•::5' IFI ■IDWOOD CNAIN•llNIC flNCI ELEVATION s· Deep X 18'Dia1neter lanlu ..J"-. l--20·-1-1s'..........l-11=---l----....:.....-s4•:._ ____ _ \, ff. ■IDWOOD CNAll•MINI. ffNCi MAP T ~~"'.'&°""-~"'-"-""c.~_'5"'0'°a;.°'~'°'~'_.;: AOLIACUL'fUIW: IIYln&l8 INTIIIIIATIONAL ""'-,aMU&MMI) ...,.aaaa,~am _., Bfl REDWOOD CHAIN-LINK FENCE LANDSCAPE AND IRRIGATION PLAN AQUA HIDIONDA lAGOON ,ao,ouo OUACUUUI t.A&OIATOIY DRIP IRRIGATION SYSTEM J;=-===rc=====rc==========,;--,-.,...,===-:====;,6=0,:,,,,0~· ~==~-,:,,--c:--,;:;=======::;::,,;::==-=====:::=~;;;;;;;~.v 2 ·J/4 ,n. ""•····" ""•·· e•• • •• • •• • • •• •• .e • • •• • • •• • • •••• ,.-•• • ••·• • ••• • ••• • .-.,. • ••. -. ••• • •• :;:·.:-:::::~·:::·.::-;::·.· -------------------------------· ----------------------------_.i:.AJ.lllA.D. .. L\lQ. ____________________________________________________________________ _ CAllfOINIA PEPPII nu 116 40 ft. CINUIS 25-40H.HIGH TOYON (4S i lAUIEL SUMAC lEMONADI IIIIY lO FT CINUIS J•UfT.HIGH AQUACul.TlJRE SY5TDl5 JNlVINA~l 11111.-.n,w...u..fYIIION;) MtfDIEOO'Clt.L.~"'1ct1 ,_ .. If after the informatio-vou have submitted has been re-· ewed., it is determined .. t.r.-~. further informatio i required, you will be so at ed. APPLICANT: AGENT: MEMBERS: AQUACULTURE SYSTEMS INTERNATIONAL Name {individual, partnershipr joint venture, corporation, syndication) 11211 Sorrento Va·ll ey Road, Suite .E, San Di ego, CA 92121 Business Ad~ess (714) 452-5765 ·Telephone Number • Name Business Address Telephone Number Jon C. Van 01st Name ;(individual, partner, joint. venture, corpo?:"ation, syndication) 8167 La Jolla Shores Drive, La Jolla, Home P.ddress CA 92037 11211 Sorrento Valley Road, Suite E, San Diego, CA 92121 Business Address {714) 452-5765 Telephone Nu.war James M. Carlberg !ia..rrie ( 714) 459-4595_ Telephone Nmnhei:. 5721 Bellevue Ave., La Jolla, CA 92032 Home-l~dr~s. • 11211 Sorrento Valley Road, Suite E, San Diego, CA 92121 3usiness Address (714) 452-5765 Telephone Nu..-i.ber (714) 452-5766 Telephone ~lumber.~ (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and ~ay be· relied upon as being true and correct until amended . • fl(J(}I/COlWRE S )'ffEmf IN!l!fN/ffll)Hlil Applicant l ' . FEE $100.00 RECEIPT NO: ------ ENVIRONMENTAL.IMPACT ASSESSMENT.FORM -Part I (To be Completed by APPLICANT) CASE NO: C,,u p,.,. I "jt.( (~) DATE: ~/,o ( f ?_......, Applicant:· AQUACULTURE SYSTEMS INT(RNATI0NAL Address of Applicant: • 11211 Sorrento Valley Road~ Suite E San Diego, California 92121 Phone Number: 014) 452-5765 ----------'--'-~------- Name, address and phone number of person to be contacted (if other than Applicant): Jon C. Van 01st, President • GENERAL · INFORMATION: Description of Project: Labora~or~ addition to the approved aquaculture facili_!y at SDG&E, Encina Power Plant in Carlsbad, California. Project Location/Address: East side of Carlsbad Boulevard between the SDG&E • Encina Power Plant discharge pond to the south and the public fishing area to the north. Assessor Parcel Ntnnber: Zone of Subject Property: __ 2_10_ ~ • 010 -• 29 (See Map 141-37-73E) 0-S (open space) Proposed Use of Site: Aquaculture~the beneficial use of thermal effluent from the Encina Power Plant for the cul.ture of fish and shellfish. List all other applicable applications related to this project: WU~ --=-:..~~:: ND 1 EIR l . . 2. • 3. 4. Describe the activity area, inciuding distinguishing natural and mamnade characteristics:. also provide precise . slope analysis when appropriate. The site is. adjacef,\t to Highway 101 ·and is oart of the benn constructed for Carlsbad Boulevard and 'for the retention of a cooling water reservoir for _the power· plant. T-h~ parcel is. composed o! sand from dre·dge spoils and is protected from erosion by rip-rap. _The·property i~ flat and has no natural vegetation and is currently used by the ut1l_ity as a service corridor for overhead utility lines. Describe energy conservation measures· inco~porated into the design and/or operation of the project. (For a more specific discussion of· energy conservation requirements see of the City's EIR Guidelines). This project would utilize part of the energy that is lost ta the condenser cooling water of the adjacent power plant. In the u.s.· over 80% of the electrical energy is produced by steam power plants. 50% to 60% of the fuel energy input is lost to the cooling water and(djscharaed8as. waste1helt.in this orocess.15T%hefamount of w9stet theat. reJected ll x 1or~ TU annua Ty is equ1va·1ent to o the nations oat r¥rt2~sq_oJl~H~J£~. i!i1suci~U\_CW t'lr~mP:i~~e5\: wJJt i>~~efJSiJ~h1J1~seofhe (over) unit sizes, range of sale prices or rents, and type cf household size expected. S~E FOOTNOTE- 5. • If comrne:r.:cial, indicate the type,. whether neighborhood, city or regionally oriented, square footage of sales area, c.. 1d loading f acil:j. ties. '· 6. If industrial, indicate type, estimated employment per shif~, and loading facilities . ... 7. If institutional, indicate the major function, estimated employreent per shift, estimated occupancy, loading facilities, and community benefits to be derived from the px-oject. The function of the laboratory will be to· conduct feasibility studies on the use of thermal effluent in aquaculture. v-Ie wi-11 have 2-4 employees on a standard 8 hour shift. There will b~ no loading fadlities. The corrmunity benefits include additional emoloyment, increased supplies of' desirable fish.and shellfish, and increased knowledge of the biology and management of organisms impor~-ant to man's survival. (ITEM 4-6 NOT APPLICAB~E: INDEPENDENT; AQUACULTURE is defined as AGRICULTURE.) l. ENVIRONMENTAL Ttv1PAC'1~ ANALYSIS Answer the following questions by placing a check in the appropriat·e space. (Discuss all it.ems checked yes. Attach additional sheets as necessary) .. 1) 2) 3) 4) Could the project significantly change present ·1and uses i::i the vicinity of th;e. activity?· Could the activity affect the use of a rec- reational area, or area of important aesthetic value? Could the activity affect the functioning of an.established community or neigliborhood? Could the activity result in the displacement of community residents? 5)' ·could the activity increase the number of low -and moderate cost housing units in the city? 6) Could the activity decrease the number of low and modest cost housing units in the city? 7) 8) P~re any of the natural or man-made features in the activity ~rea uniqus, that ts, not: found in other parts of the County, State, or Nation? Could the activity significantly affect a historical or archaeological site or its settings? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 10)· Does the activity area serve as a habitat, food source nesting place, sour~e·of_water, etc. for rare or endangered wildlife on fish species? 11) Could the activity significantly affect fish, wildlife or plant life? ·12) ~re there any rare or enrlangered plant species in the activity area? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelc:rnds? ., YES NO X ·-- X ----- X X X X X X X X X X .. 14) Could the activity change existing features of any of the city's beaches? ___ X 15) Could· the activity result in the erosion or el~mination of agricultural lands? ___ • X 16)" Could the activity serve to encourage develop- ment of presently undeveloped areas or intesify development of already developed a:reas? ___ __x __ 17). Will the activity require a variance from established environmental standards (air, water, _____ x __ 18) 19.) 20) noise, etc)? Will the activity require certification, authorization or issu~nce cf a permit by any .local, state or federal environmental control agency? • • • ·X --- Will the activity require issuance of a variance or conditional use permit by the city? X Will the activity involve the application, use, .or disposal of potentially hazardous materials? ____ x __ 21) . Will the activity involve construction of tacilities in a flood .plain? 22) Will the activity involve construction of f~cilities ~n a slope of 25 percent or greater? 23) Will the activity involve construction of facilities in the area of an active fault? 24)" Could the activity result in the generation of·s~gn:i.ficant amounts of noise?, 25) 26} 27) 28) Could the activity re·sult in the generation of significant amounts of dust? • Will the activity involve the bur.ning of brush, trees, or other materials? Could the activity result in a significant change in the quality of any por·tion of the . region's air or water resources? (Should note, surface, ground water, off-shore}. Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? 29) Will there be a.significant c~ange to existing land form? . , X X X X X .. · X. X X • I• ·• (a) indicate ·estimated grading to be done in cubic yards NONE ' ------· (b) perce·ntage of alteration to the· present land form . NONE ·------'---- (c) maximum height of cut or fill slopes NONE 30) Will the activity result in substantial increases in the use of utilities, sewers., . drains, or streets? 31) Is the activity carried out as part of a iarger project or series of projects? X X -' .... II .• STATEMENT OF NON.:SIGNIFICANT 'ENVIRONMENTAL 'EFFEC1S If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: Two i terns were answered in the affirmative: No. 18 The discharge of seawater from the aquaculture facility will require a NPDES permit from the EPA and Regional Water Quality Control Board. This will be combined with the existing NPDES permit held by SDG&E. No. 19 The General Plan provides for aquaculture development in any zone; however, a CUP is required. III; CClvlMENTS OR ELABORATIONS.TO .ANY·op·11-IB QUESTIONS IN SECTION I (If additional space is needed for answering anY-questions attach additional sheets as may be needed) . SEE ATTACHMENT Date Signed ---'~~~__,;;'--=3.-+-·-f_....~-"'-'fc_;;;;_;;i ______ _ -. . .. III. COMMENTS OR ELABOkAlIONS TO ANY OF THE QUESTIONS IN ~ECTION I. There are a few items that may require further clarification: No. 2 Could the activity affect the use of a recreational area, or area of important aesthetic value? The parcel is surrounded by a barbed wire fence to restrict trespassers. After extending the existing chain-linked fence and installion of a low profile hatchery building, the view of unaesthetically pleasing items such as oil storage tanks and floating dredge would only be partially restricted. The research and educational value of this addition will far outweigh any loss of view. No. 7 Are any of the natural or man-made features in the activity unique, that is, not found in other parts of the County, State, or nation? The unique aspect of this site is that it is located adjacent to a source of seawater at elevated temperature that is essential for the culture of warmwater species. Thermal effluent is presently con- sidered a pollutant but can be viewed as a resource if beneficially used in fish culture. No. 9 Could the activity signicantly affect the potential use, extraction, or conservation of a scare natural resource? The aquaculture laboratory.addition will allow further research to reclaim a waste heat resource, enhance the production of fish and shellfish, aRd reduce our dependence on already overexploited fisheries. No.13 Could the activity change existing features of any of the City's lagoons, bays, or tidelands? The proposed aquaculture 1 aboratory a~di ti o.n would not directly affect the adjacent lagoon but could laed to the enhancement of its fish and shellfish productivity. No.27 Could the activity result in a significant change in the quality of any porUon of the region's air or water resources? The use of thermal effluent in fish culture may reduce the amount of heat dissipated to.the environment or partially compensate for any adverse effects caused by the discharge of thermal effluent from the oower plant. No.3O Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? ·r The aquaculture laboratory will require a minimal number of personnel for which off-street parking will be provided. An independent traffic study concluded that there would be no·:tr.affic rimpactt on Carlsbad Boulevard. There will be no increases in the use of utilities. • I I ) •• ENVIRONMENTAL IMPACT ASSESSMENT • FORM -Part II (To Be Completed By The PLANNING DEPARTMENI') CASE m,CttP-t q t.t A DATE: C, ( d-~ Jg~ I. BACKGROUND 1. 2. APPLICANr: -Aqo & tu Ltu ~f ADDRESS AND PHONE NUMBER OF APPLICANI': () ------------ ll ~ \l SoKteN:'o V&\\Ey KG Kh I Su, Te--t 3. DATE CHEc1<11sr SOBMITIED:_· _-_-_· Cp.,·-+l ~, n.._l ...... i_~_-_· ______ _ II. .ENVIRONMENTAL IMPACTS (EXPLANATIONS OF ALL AFFIRMATIVE ANSWERS ARE TO BE WRITTEN UNDER Section III -DISCUSSION OF ENVIRONMENTAL EVALUATION) 1. ·Earth Will the proposal have signi- ficant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or gr0tmd surface relief features? d. The destruction, covering or 1110dification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or ero- sion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ·Yes • • ·Maybe No ND 2 ) 2. ·Air: Will the proposal have signi- results in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, mositure or temperature, or any change in climate, either locally or regionally? 3. Water: Will the proposal have sigi- ficant results in: a. Changes in rurrents, or the course or direction of water move- ments, :in either marine or fresh waters? b. Changes in absorption rates, • drainage patterns, or the rate and amount of surface water nm.off? c. Alterations to the course or flow of flood waters? d. ·Change :in the ammmt of sur- face water in any water body? e. Discharge :into surface waters, or in any alteration of surface water quality, includ:ing but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow o;f ground waters? g. Change in the quantity of ground waters, either through • direct additions or withdrawals, or through interception of an -aquifer by cuts or excavations? h. . Reduction in the amount of water otherwise available for public water supplies? ·Yes Maybe No X ' "f f ... -··---·-· .----· .. ·-~--__ _i. ---·· --·--• ........ ., __ ..., _____ ..... • ) ) () .,. ·yes • Maybe No 4. Plant Life. Will the proposal have signi- ficant results in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and X aquatic plants)? b. Reduction of the Ill.Dllbers of any unique, rare or endangered +· species of plants? c. Introduction of new species of plants into an area, or in a barrier to the nonnal replenish--x ment of existing species? d. Reduction in acreage of any agricultural crop? ""f- s. "Animal -Li£ e. Will the proposal have signi- ficant results in: a. Changes in the diversity of species, or numbers of any species of anmls (birds, land an:bnals including reptiles, fish and shell- fish, benthic organisms, insects or microfauna)? X b. Reduction of the numbers of -• any unique, rare or endangered species of animals? • X c. Introduction of new species of animals into an area, or result in a barrier to the migration or -~ movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. • ·Noise. Will the proposal signi .. ficantly increase existing noise levels? 7. • ·Light and Glare. Will the pro .. posal significantly produce new · --L light or glare? 8. Land Use. Will the proposal have significant results in the alteration of the present or planned land use of ·Y an area? -3- 9. Natural Resources. Will the pro- posal have significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Upset. Does the proposal involve a significant risk of an explosion or the release of haz- ardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. • ·po@!ation. Will the proposal significantly alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal signi- ficantly affect existing housing, or create a demand for additional housing? -· 13. • "Trartsportation/Citci.ilation. Will the proposal have significant re- sults in: a. Generation of additional vehicular movement? b, Effects on existing parking facilities, or demand for new parking?· c, Impact upon existing trans- portation systems? d, Alterations to present patterns of circulation or rnove- 111ent of people and/or goods? e, Alterations to waterborne, rail or air traffic? !, Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? -4- 0 Yes Maybe No X ···)( ····v 14. Public Services. Will the pro- posal have a significant effect upon, or have significant results in the need for new or altered governmental services in any of the following areas: 15. a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facili- ties, including roads? £. Other governmental services? Erterfi. Will the proposal have sign1 icant results in: a. Use of substantial amounts of _fuel or energy? b. Demand upon existing sources of energy, or require the develop- ment of new sources of energy? 16. Utilities. Will the proposal have significant results in the need for new systems, or alterations to the following utilities: a. Power or natural gas? b.. Comrm,mications systems? c.._ Water? d. Sewer or septic tanks? e, Storm water drainage7 f. Solid waste and disposal? 17,. 'l-himart Heal th. Will the proposal have signigicant results in the creation of any health hazard or potential health hazard (~eluding mental health)? -s- Yes Maybe No y ... k )C ... ·x ... 'I • -~ I ) 18. Aesthetics. Will the proposal have significant results in the obstruc- tion of any scenic vista or view open to the public, or will the pro- posal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? 20. Archeological/His tori cal. Will the proposal have significant results in the alteration of a significant archeological or historical site, structure, object or building? Yes Maybe No 21. ANALYZE VIABLE ALTERNATIVES TO 1HE PROPOSED PROJECT SUCH AS: a) PHASED DE\IEJ..OPMI-:i'n' OP THE PROJECT; b) ALTERNATE SITE DESIGNS; c) ALTERNATE SCALE OF DEVELOPMf:NT; d) ALTERNATE USES FOR 1HE SITE; e) DEVELOPMENT AT SOME FUTURE TIME RATh'ER 1lJA.~ NOW; f) ALTERNATE SITES FOR 1HE PROPOSED USE; g) NO PROJECT AL TE.~TIVE. -6- --• ) 22. MANDATORY FINDINGS OF SIGNIFICANCE. a) OOES TI-IE PROJECT HAVE TI-IE POTFN- TIAL TO DEGRADE TI-IE QUALITI OF 1HE ENVIRONMENT, OR CURTAIL TI-IE DIVERSITI IN TI-IE ENVIRONMENT? b) OOES TI-IE PROJECT HAVE TI-IE POTEN- TIAL TO AOIIEVE SHORT-TERM, TO 1HE DISADVANTAGE OF LONG-TERM, ENVIRONMENTAL GOALS? (A SHORT- TERM IMPACT ON TI-IE ENVIRONMENT IS ONE WfHOI OCCURS IN A RE- LATIVELY BRIEF, DEFINITIVE PERIOD OF TIME WHILE LONG-TERM IMPACTS WILL ENDURE WELL INTO TI-IE FU1URE.) c) OOES TI-IE PROJECT HAVE JMPACTS WIUOI ARE INDIVIDUALLY LIMITED, BlIT CUMULATIVELY CONSIDERABLE? (A PROJECT MAY IMPACT ON 1WO OR MJRE SEPARA1E RESOURCES WHERE TI-IE IMPACT ON EAOI RE- SOURCE IS RELATIVELY SMALL, •• BlIT WHERE TI-IE EFFECT OF TI-IE TOI'AL OF 1HJSE IMPACTS ON 1HE ENVIRONMENT IS SIGNIFICANT;) d) •• OOES 1HE PROJECT HAVE ENVIRON- • MENTAL EFFECTS WHICH WILL CAUSE SUBSTANTIAL ADVERSE EFFECTS ON HUMAN BEINGS, EIIBER DIRECTLY OR INDIRECTLY? III.· LISCUSSION OF ENVIRONMENTAL EVALUTION 0 Yes Maybe No _J_ \ ) ) DISQJSSION OF ENVIRONMENTAL EVALUATION (Continued) /'rl.AJ " (J -8- ..... ,I IV. DETERMINATION. (TO BE aH'LETED BY 1llE PLANNING DEPAR'IMENT) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the enviromnent, and a NEGATIVE DECI.ARATICl-l will be prepared. • I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures des~ribed on an attached sheet have been added to the project. A conditional negative declaration will will be prepared. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. • ~ture V. MITIGATING MFASURES (IF APPLICABLE) -9- -- · MITIGATING MEASURES (Gontinued) VI • APPLICANT ·coNCURRENCE WIIB MITIGATING MEASURES 1HIS IS 'IO CERTIFY 1HAT I HAVE REVIEWED TI-IE ABOVE MITIGATIONG MEA- SURES AND CONCUR WIIB TI-IE ADDITION OF TI-IESE MEASURES 'IO TI-IE PROJECT. Date: -----------Signature of Applicant -10- -• -C QI u VD. 8 FT. REDWOOD CHAIN-LINK FENCE ELEVATION s· Deep X lB'Diameter Tanks _) "-. T 12' i-----33' -----------4s' -----...;1---14-' -f--110'---------s 4·'--------1,.,l----1 s!-/ 100' WIDE EASEMENT QI C --QI -C QI u . ·/ TELEPHONE POLE ' ' --1: I, ' ' i \.9 FT. REDWOOD CHAIN-llNK FENCE ½ 4 0' X 100' A q u a c u l t u re L a b o ;r a tor y 33' ___ .....,. ______ 45' ---------i4'--1.-10'--~---------------------------- 1 .... l( ,. ~1111'/Tl:l:I ON HO. U)OOM C:Lll:,\lltl"RlHY MAP -i ' l .. • >. -~ j ; ' • ' ' T i , 12 T 12' I , 162 -------------------------..... ---,s - l :---_c_ Yv ,r c,,1,½:--11 p:.--.:_._ .-. ,. \:~ion ! I ' • l -I :-<l ...... 1.:\-v,t,6 ·I i • C.,,, •h C"f \ci<t(,',1. ;, , .,_ ,.h, ·-·~·-··-···· • -~,,. -,~'{,l~i., __ : i .I __ l AQUACULTURE SYSTEMS INTEflNATIONAL 11211 90Rt'lliHTO YAU.EY ..aA0 SAN DIEOO, CALIFORNIA 82121 REVISIONS BY Date ::r.,lff' l I lf&;J. Scale 1"= 10' Drawn Job Sheet Of Sheet. .:.~,....~--. ••.-~ -,, .... - • Agua lo Hedionda ( \ \ \ \ \ \ Lagoon -, • . . . ...... ..... , ... ~-........... , ... ._..., __ , ... _.., ,_, ....,--' ........... -................. _._ _________________ -------------------------......,------- ,. Stal~-; l iheh'* ?30 fe~t :.· Circu'/ar Fish Culture Tanks x 5' deep) ( fB'dtameter '(. ' ,• . '. . . 0~ ·100' \ Carlsbad ' ,-, 0 0 0 Oi I Storog~ Tonks, ~ , I ,.,,,,4 Agua Hedionda Lagoon (SDG&E Cooling Water Intake Basin) .. SDG&E Encina Plant Power . cishina !::J!!,.9... • SLTE . . mm -------~ \ \ C. !-c-""'~ --""'---..-~ ............... ~.• ······· .II:'\. .,:•. ...-.:Jt':~ / ~~:------------------:,:,:G-R::.R~H~• ---- ,~~~ ,ti- ~ \ Proposed Aquaculture Laboratory ( 40 X 100 ft.) 0 LOCATION E X I s T I N G , \ I I 200' 400' MAP 600' aoo' 1000' l EFFLU ENT_.DISCHAROE CHANNEL Pacific Ocean • s D s u \ SDG&E Thermal Effluent Lagoon I I \ , L A B I f \ ·-.. - \ i Redwood Chain-link Fence --Proposed (To replace existing barb-wt re r ence) "'--'--Existing SDG&E Redwood Chain-link Fence· ~(~) APPLICANT: AOIJACUL TURE SYSTEMS INTERNATIONAL 11211 Sorrento Valley Rd. San Oleqo, CA 92121 S IT'E PLAN DATE PREPARE Q: MAY 10, 1982 INTENDED use, Marrne Aquaculture Research AREA ENCLOSED: 0.8 acres I I I I I ,, , .... ...,,"'""""'......,....,.......,.......,._,.......,..1-·'1"'1 .... , .·r , DRAFTER' ,lfj-~ """""'·...,-~.:,,.·~ .......... _.;.. .......... _..:.;..... ..... ...,._...;....,..-;..;;.•f_,.....,;....,....;.. ................ _ _.,;. ____ ..... ___ ....,....., _______ ....., ____________ ....., ________ ...... _____________________________ ....1, _____ ...., __ .1-____ ....,1 ______________ __, !~ DATE: TO: FROM: MAY 6 r 1987 PLANNING COMMISSION PLANNING DEPARTMENT APPLICATION SUBMITTAL DATE: JANUARY 1,--1986 --------- SUBJECT: CUP-194(B) AQUACULTURE -Request for a Conditional Use Permit amendment to sell shellfish from a roadside stand near the fisherman's landing parking lot on the east side of Carlsbad Boulevard. I. RECOMMENDATION That the Planning Commission APPROVE the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 2651r APPROVING CUP-194(B)r based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION Seafarms Westr who operates an aquaculture facility on Agua Hedionda Lagoon, would like to sell some of their shellfish products from a roadside stand to be located at the south end of the fisherman's landing parking lot. The property would be leased from San Diego Gas & Electricr who the applicant currently leases the aquaculture facilities from. The •stand• would not be a building per se, but would be an area approximately 20 by 24 feet enclosed by a chain link fence with four table-like tanks inside (see Exhibit A). Clams, mussels, and oysters grown in the adjacent lagoon would be sold fresh out of the tanks. Hours of operation will be during daylight hours only, so no lights or electrical hookups will be necessary. The area in front of the proposed stand is used occassionally by SDG&E for access but is not a formal road. This proposal would define a driveway leading to the stand. Five limited time parking spaces will be provided for customers. These spaces would be separate from, and in addition to, the parking in the fisherman's landing parking lot. The property is essentially surrounded by beach and recreational uses and public utilities. The SDG&B power plant is to the south. Carlsbad Boulevard lies to the west. To the north is the parking lot used by beachgoers and fisherman, and to the east is the lagoon. -- The vicinity as described above is shown on the General Plan and zone map as open space and public utilities. A zone code amendment approved last year allows the sale of aquaculture products grown on site in open space and public utilities zones, much like the sale of agricultural crops from roadside stands. The applicant's present CUP allows the operation of the existing aquaculture facility, where the shellfish are grown and harvested. This amendment only applies to the sale of the products from the roadside stand, as allowed by the recent zone code amendment. III. ANALYSIS Planning Issues 1. Does the proposed project meet the following criteria established in the zoning ordinance, Section 21.42.010(14): a. Safe access b. Adequate parking c. Location and appearance of structure on facility d. Appearance and location of signs e. Compatibility f. Scale of operation 2. In granting a conditional use permit, can the following findings be made: (1) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; (2) That the site for the intended use is adequate in size and shape to accommodate the use; (3) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood, will be provided and maintained, (4) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 3. Is the proposed project in compliance with the Local Coastal Program? -2- ---;' DISCUSSION Zoning Ordinance The recent zone code amendment allowing the sale of aquaculture products in the open space and public utilities zones requires that specific aspects of such operations be looked at, including parking, access, compatibility, appearance, and scale of operation. In terms of safe access and adequate parking, the use will not have direct access off of a major street -- instead, access will be from an existing turnoff into an existing parking lot. Indirect access will, of course, be obtained from Carlsbad Boulevard. The southbound lane on Carlsbad Boulevard already provides a left-turn pocket into the parking lot. Access is considered safe as it basically exists. When the fisherman's landing parking lot is improved to hold more cars, a signal will probably be warranted at that location, but it is not warranted now. At the stand, five parking spaces will be provided which will have posted 20 minute time limits. This number of spaces is adequate, given the fact that many customers will stop by the stand on their way home or to the beach and will have already parked for a longer period nearby. Compatibility with other land uses and the appearance of the facility and signs will not present any problems. The use is surrounded by open space and utility operations, so it will not impact anyone. The stand will not look significantly different than what is there now, i.e. the gated fence and transformers, since it will not be a structure. No signs will be allowed on Carlsbad Boulevard. Two signs will be permitted on the fence facing the parking lot. Other than that, advertising will be the responsibility of the applicant. The scale of operation, i.e. approximately a 550 square foot enclosed area with four tanks, is quite minimal in terms of the business risk to the applicant and ~lso as a first time use for the City. The scale can and will be controlled by the conditional use permit: an expansion of the operation would require an amendment to the conditional use permit. Conditional use Permit Findings The proposed use, i.e. a roadside stand selling fresh shellfish products, would provide a desirable service to the community. It would provide the same kind of enjoyment people get from buying vegetables from a roadside stand. As discussed earlier, the proposed project is of minimal scale. The area is adequate in shape and size to accommodate a roadside stand and parking. Yards and setbacks are not necessary for this informal use; fencing will be similar to what is there now. Potted plants will be placed around the perimeter of the stand. -3- In terms of traffic generation, a roadside stand is estimated to generate about 100 trips per day per 1000 square feet. The proposed project, at 550 square feet will thus generate 55 trips per day, which is not a significant number, especially when some of them will be joint beach trips. Carlsbad Boulevard will be able to handle the additional trips. Local Coastal Program (LCP) The Agua Hedionda Local Coastal Program designates aquaculture as a land use at its existing location as well as on the Ecke property across the lagoon from fisherman's landing. The LCP does not restrict the on-site sale of such products from a roadside stand. Therefore, the proposed use is considered consistent with the LCP. IV. ;ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant effect on the environment and, therefore, has issued a negative declaration on February 25, 1987. Attachments 1. Planning Commission Resolution No. 2651 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Document 6. Exhibit "A", dated April 8, 1987 NER:dm 3/19/87 -4- :-1 QI SDG&E Plan GENERAL PLAN IISIDINTIAL RL LOW DENSITY (0· l.S) RLM LOW•MEDIUM DENSITY (0·4) RM MEDIUM DENSITY (4-8) RMH MEDIUM HIGH DENSITY (8· IS) RH HIGH DENSITY ( 15·23) COMMHCIAL RR1 INTENSM REGIONAL RETAIL (~I-Plaza Camino Real) RR.I! EXTENSM REGIONAL RETAIL (q. Car Councry Carlsbad) RS REGIONAL SERVICE C COMMl!NITY COMMERCIAL N NEIGHBORHOOD COMMERCIAL TS TRAVEL SERVICES COMMERCIAL 0 PROFESSIONAL RELATED CBD CENTRAL BUSINESS DISTRICT Pl PLANNED INDUSTRIAL G GOVERNMENT FACILITIES u n·Buc L 'TIUTIES RC Rl!CRl!ATION COMMERCIAL SCHOOLS E ELEMENTAKY J JUNIOR HIGH H HIGH SCHOOL P PRIVATE OS OPEN SPACE NRR NON RESIDENTIAL RESEllV! ZONING RSIDINTIAL P·C PLANNED COMMUNITY ZONE ll·A llESIDENTIALAGRICU.Tl'IIALZONE R•E Rl'IIAL llESIDENllAL ESTATE ZONE R· 1 ONE-FAMILY llESIDENTIAL ZONE R·2 TIVO·FAMILYRESIDENTIALZONE IH MULTIPLE FAMILY llESIDENllAL ZONE ll·3L LIMITED MULTl·FAMILY RESIDENTIAL ZONE llD•M RESIDENTIAL DENSITY-MULTIPLE ZONE llD· H llESIDENTIAL DENSITY-HIGH ZONE llMHP RESIDENTIAL MOBILE HOME PARK ZONE ll·P RESIDENTIAL PROFESSIONAL ZONE In' llESIDENTIAL TOURIST ZONE lllW llESIDENTIAL WATEll'WAY ZONE COMMIICIAL 0 omCEZONE C· 1 NEIGHBORHOOD COMMERCIAL ZONE C·Z GENEIIAL COMMERCIAL ZONE C·T COMMUCIAL•TOL'RIST ZONE C·M HEAVY COMMERCIAl.•UMITED INDUSTRIAL ZONE M INDL'S11UAL ZONE P.M PLANNED INDUSTRIAL ZONE cmtll F·P FI.OODPlAIN OVl!llLAY ZONE 1.-C LIMITED CONTROL OS OPEN SPACE P•U PUIIUC U11IJ1Y ZONE AQUACUL TUR-1:'t t City of Ca~sbad CUP-194.(B) - BACKGROUND DATA SHEET CASE NO: CUP-194(B) APPLICANT: Seafarms West Rl!J2UEST AND LOCATION: Amendment to CUP-194(B) to allow a 20' x 30' stand to be used for retail sale of shellfish grown on site. East of Carlsbad Boulevard, South of Tamarack. LEGAL DESCRIPTION: All that portion of Rancho Agua Hedionda, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County November 16, 1896, situated within that portion thereof described in deed to San Diego County Water Company, recorded June 17, 1940, in Book 1035, page 301 of Official Records by Document No. 28815. APN: 210-010-29 Acres .SO Proposed No. of Lots/Units N/A ------------------- GENERAL PLAN AND ZONING Land Use Designation Open Space Density Allowed N/A ------------Density Proposed N/A Existing Zone -----------OS and PU Surrounding zoning and Land Use: Zoning Site OS North OS South PU East OS West OS Proposed Zone OS and PU Land Use Vacant Agua Hedionda Lagoon/Parking Lot Encina Power Plant Agua Bedionda Lagoon Pacific Ocean PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's N/A __ .._ __ Public Facilities Fee Agreement, dated N/A -no building permit required ENVIRONMENTAL IMPACT ASSESSMENT _.!.._Negative Declaration, issued February 25, 1987 _E.I.R. Certified, dated _______________ _ Other, .. l DISCLOSORB PORN APPLICANI': rship, joint venture, corporation, syrxhcati n) to Box. ~40 Businessress Car/:Jhad1 CA 92000 G,,-244:1 ephone Nllti:>er 8t!I 1/ofmari AGEt>ll': Name -' ll.rhtttit?iiaio/ f;f¾kr, joint &53 v;aj7!j/p&!_~ b!J; Jjf.r 'iZOJf venture, ~rporation, spxlication) &cx:z'drm5 k5/4s / Business Address TeleEtione Nunber /2ow. 587-7910 Telepione Nmh!r G-ka kuln_ o~/J 'J:>,e__~i,> Name Hane Address V .'J,J;f:i?aPdw:v JJn f-2-) S,,.,-. ill<'f!jo J CA Zz ll.Q 2.2_3-5585 • Telephone Nmiber TeleplOne NmiJer {Attach mre sheets if necessary) file app1icant is required to app1y for Coasta1 O..iaaion Approva1 if located in the coaata1 Zone. I/We declare Uflder penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon . as/~i9<a ,ff"?-and correct mtil amended. ,._"\ <9 • .,~,~ • '9~ ~ v✓et .:! NAR 1981 ~ ~ms 1 s: ,~--~ ~~ i/4 Ii A ~ BY ~/ §2!97 ~ of Ag Owne Pa t .a... .. ;-~~ \) ~tzat6'-to" PLANNING DEPARTMENT Citp of Carlibab NEGATIVE DECLARATION 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 • (619) 438-1161 PROJECT ADDRESS/LOCATION: West side ·of Agua Hedionda Lagoon, near Carlsbad Boulevard. PROJECT DESCRIPTION: An amendment to an existing conditional use permit for an aquaculture facility at SDG&E, Encina Power Plant. This c1Ttendment is to allow for a 20' x 30' stand to be used for retail sale of products that are grown on the site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the GtJidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action ls on file in the Planning Department. A copy of the Negative Declaration with supportive documents ls on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: February 25, 1987 CASE NO: CUP-194(A) ~f~3~~ APPLICANT: Aquaculture Systems Intl. PUBLISH DATE: February 25, 1987 ND4 11/85 Planning Director 7c::>,C'c'KA _:::; ,4 /V rA LE6ENO - ·VICINITY MAP -CC/P i I • 5/TE CAK~ 56A'O A cP c/ ,4 r4 r' M i ; ' i Ci) r . ., ' .~-. • . " 0, 7 .r: frl)V 1 ·'· .-·· "\ V t1 1,;1;. . WJ : &f •, ~" • -1t'"~ r /':"\ (~) • .. ,,~ ·, ---: _,. .. / , .. 1J \ .. · l ' 1\ i . ' j \\ \ ''Ji '. Ii I 1 . ., i \7 \ . \ 1 r, ' • I ;u, 1-:0 'c::) ~- L ____ . ~ ~ ! ' /, • \\ \ I" •• \ ' ; • LOC4T/0/V MAP -------- -·----- I , ~, ·, .. , -... ., ., -------.:... • • . -\ ....... ,,,:_ \ -.. , \ Cl) -> c( 0 z ::c 0 -:, • • i,-; z w 0 -Cl) w er: a. / soqf.,, Diego -& E/eatrla P.0. BOX 1831 • SAN DIEGO, CA 92112 • 619/896-2000 April 9, 1990 Ms. Erin K. Letsch .city of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: CUP 194(A) ARD (B) Dear Ms. Letsch: FILENQ San Diego Gas & Electric Company, being the property owner on which the referenced Conditional Use Permits were issued, hereby request that the permits be extended for the maximum allowable period of time. :aps cc: Thank you for your assistance in this matter . Richard D. Glenn. Ph.D. JWShepard HBStoehr • Keith L. Little Senior Property Management Representative 4.,.;_, •,.1ATE OF CAllFORNIA-HEALTH ANO WELFARE AGENCY DEPARTMENT OF HEALTH SERVICES 714/744 P STREET P.O. BOX 942732 SACRAMENTO, CA 94234-7320 (916) 322-2040 Dr. Richard D. Glenn, President Seafanns West, Inc. P. 0. Box 1540 carlsbad, CA 92008 Cear Dr. Glenn: CEORCE 0EUKMEJIAN, Governor HAY 1 1 ml Your application, receive:1 January 2, 1990 (Enclosure 1), for a Shellfish Growirq Area Certificate to plant am harvest oysters, clams, arxi mussels from prepared beds in Agua Hedioooa lagoon, San Diego County, has been considered. by the Department of Health Services, Enviromnental Management Branch. 'Ille location of your shellfishin:J allobnent in the Agua Hediorrla Lagoon is shCMl in Enclosure 2. Information pertaining to water am shellfish quality fran the Agua Hediorxla Lagoon is on file at the Shellfish Program Office in Ialpx:. Based on this infonnation, your shellfish growing area in }.gUa Hediorrla Lagoon is classified. "conditionally ag:,rove:1". OUr Shellfish Specialist, Mr. Patrick E. Wells, would be please:1 to discuss this information with you if you have arr:/ questions about your shellfish growirg area or the provisions of this pennit. Your shellfishirq operation in the Agua He:liorrla lagoon meets the requirements of Sections 7706 to 7733, inclusive, Title 17, california Code of Regulations, pertaining to the culture arxi harvesting of shellfish for human consumption. 'lherefore, the enclosed Shellfish Grc,..,ing Area Certificate Number 18 (Enclosure 3) , is hereby grante::l to Seafams West subject to th, follow.IDJ provisions. 1. Seafanns West shall not supply to the p.Jblic arr:/ shellfish harveste:1 f:ran waters adversely affected by human sewage, sewage effluent, aniJnal wastes, toxic chemicals, oil, or other pollutants. 2. Seafanns West shall supply to the p.Jblic only shellfish harvested fran growing waters that meet state requirements on bacteriological quality. 3. Seafanns west shall not supply to the plblic arr:t shellfish containing a ItDSt probable number (MPN) of fecal c:olifor.m bacteria greater than 230 per 100 grams of shellfish meat, as deter.mined by lal:loratoi:y analysis. 4. Seafanns west shall not harvest shellfish :fran Agua Hediorm lagoon for four (4) consecutive days foll~ a rainfall of 1/2-inch or greater duri.n; aey 24-hour period, as detennined by the 0:lsta Real !b'licipal Water District. Dr. Richard D. Glenn Page 2 MAY 1 1 1990 .. 5. Seafann.s West shall provide for routine bacteriological analyses of water an:l shellfish meat sanples from the shellfish grc:Ming waters an:l the holdi.nJjdisplay trays at weekly intervals during' all pericx:ls of .l"1E:rvest an:l sale to the public. Water samples shall be tested for total and fecal coliform levels. Seafann.s West shall arranJe with the testin:, laboratory to have copies of all analytical results sent directly to: Mr. Patrick E. Wells Department of Health Services Environmental Management Brandl P. O. Box 1480 Iatpx:, CA 93436 6. Seafanns West shall sul::mit one shellfish sanple per lJeek during all harvest periods to the Department's Sanitation am. Radiation Laboratory, Berkeley, to be tested for paralytic shellfish poison. 7. Seafanns West shall not hold shellfish harvested fran the designated beds in any uncertified waters, or in any water-filled tanks or trays, except in such areas or containers inspected ard c!R)roved for such p.irpose by the Department. a. seafanns West shall hold harvested shellfish in an awroved wet-storage facility for a period of not less than 48 hours, before shipnent to market. Shellfish lots held in wet storage shall be separated am clearly labeled based upon date of harvest fran the growin:J area. 9. Seafanns West shall participate in an ema-gency notification plan, as directed by the Department, to ensure harvestin:J closures in the event of sewage treatment plant malfunctia,s or other pollution events which might affect the quality of shellfish fran the certified beds in the Agua Hedion:1a Iagoon. • 10. Seafanns West shall notify the Shellfish Program Office, Iarpx:, iltmediately by telepione at 805/733-1696, if it has :received any report or knowledge of any contamination of the shellfish beds or of suspected illness frail the c:onsunption of· shellfish fran the hJua Hediam Iagoon. In the event of contamination or suspected illness, 5eafaJ:111S West shall cease hal:vestin;J, distril::ution, am. sale of shellfish penllrq a review am. approval to resume operations by the Department. July 11, 1990 Mr. Arthur L Coe Acting Executive Officer State of California ~ r~ City of Carlsbad~ W I1 •144ii,i•■•J4•E•i•,,i4,Ci _,r--.. San Diego Regional Water Quality Control Board 9TT1 Clairemont Mesa Boulevard, Suite B San Diego, CA 92124 AGUA HEDIONDA LAGOON -PROPOSED COLIFORM STUDY Dear Mr. Coe: The City is in receipt of your June 11, 1990 letter concerning the Regional Board's proposed action on the Agua Hedionda Lagoon Coliform Study. This letter solicits comments on the Regional Board's proposed study design, and indicates they are considering naming the City of Carlsbad, Encina Water Pollution Control Facility (WPCF) and the City of Oceanside as responsible parties for implementation of that study. As a member agency at Encina WPCF, the City was aware of the coliform issue, but this was the first indication that the City was to be named as a responsible party. Since becoming aware of our potential involvement in the study, staff has attempted to become more informed of the precise details and potential financial and legal exposure which may accrue to the City. To date, with limited research and expertise, we have determined that the proposed study is estimated to cost $500,000 to $700,000, with no clear understanding of what might be required should the source of contamination prove to be non-point source discharges. As a new participant in the study issue, we have not had sufficient time to assess potential cost or liabilities, or to develop the expertise to adequately evaluate the varied and contradictory information that is being generated on this subject. The City would request a delay on any action to allow further time to evaluate the problem and the proposed study design as it affects the City. In evaluating this situation, the City of Carlsbad will assume a dual role. Not only are we concerned as a named party in the proposed study, but we are also the primary permit authority for Seafarms West Mariculture. Seafarms West is currently operating under a Conditional Use Permit that has expired. The City is now reviewing application for renewal. Given potential health hazards and the potential public expense required to mitigate those hazards, great care will be exercised in review of the permit extension. In discussing the issue with the Regional Board staff, four key issues were identified: 1. Mitigation of potential health hazards associated with Seafarms West. 2. The cause of pollution of Seafarms West products. 3. Impact of wastewater discharges on shellfish in general and potential mitigation measures. 4. The nature and extent of pollution to the lagoon and ocean environments from non-point source discharges and potential mitigation strategies. 2075 Las Palm as Drive • Carlsbad, California 92009-4859 • {619) 438-1161 I j Mr. Arthur L Coe Agua Hedionda Lagoon -Proposed Coliform Study July 11, 1990 Page: 2 Only Issues 1 and 2 are unique to this particular situation. Non-point source and ocean discharge impacts on the shellfish environment are general issues common to all ocean dischargers. Removal of Seafarms West would presumably eliminate the need for our particular agencies to assume responsibility for development d the science d shellfish contamination. These issues would revert to the State agencies with the expertise to better explore and evaluate ocean pollution in general and to develop appropriate regulatory standards and practices. The issue of non-point source pollution is being adequately addressed by Order 90-42, which the Board will be considering later in their meeting. The City of Carlsbad fully supports these efforts, and hopes to continue its active protection of our lagoons and the ocean environment. Prior to initiating massive expenditures related to the state d the art on shellfish contamination, we would like to thoroughly evaluate the cost benefits of the Seafarms West operation. What measures are required to decontaminate the shellfish to meet health standards? What are the costs of those measures? How do the cost benefits of the Seafarms West operation relate to the cost of the proposed studies and potential mitigation measures? In our zeal to increase our knowledge d shellfish contamination in general, we should not lose sight of the fact that we are dealing with a discreet health hazard at an individual business. No major expenditure of public funds should be provided to support any business without a thorough understanding of the cost benefits of those expenditures. I would request that this letter be entered into the record of the July 16 hearing, and that the City of Carlsbad be given an opportunity to give testimony at the hearing. Thank you for your consideration. ':j LBH:rz ' c: City Manager Assistant City Manager City Attorney Community Development Director Utilities and Maintenance Director Assistant City Engineer R.J. Greaney -Carlsbad Municipal Water District R.W. Graff -Encina Water PgJlu&ien Control Facility Planning Direct~ • ' ' ; City of Carlsbad lll.iWihi441ili•1•24•i=iih,tAeii July 23, 1990 Dr. Douglas W. Price State Shellfish Specialist Department of Health Services 50 11011 Street, Suite 205 Santa Rosa, CA 95404 Dear Dr. Price: The City of Carlsbad is currently reviewing an application to renew a Conditional Use Permit for Seafarms West, Inc. to continue a mariculture operation in Agua Hedionda Lagoon. The attached Department of Health Services Growing Area Certificate and letter containing provisions for operating under the certificate have been obtained from Dr. Richard Glenn as part of the application review process. Provision number one listed in the letter stipulates that, 11Seafarms West shall not supply to the public any shellfish harvested from growing waters adversely affected by human sewage, sewage effluent, animal wastes, toxic chemicals, oil or other pollutants." City staff are concerned that this provision is not being met based on information presented in the September 1989 Agua Hedionda Lagoon Study co-authored by yourself and Patrick Wells. The study indicates that mussels not meeting National Shellfish Sanitation Program (NSSP) standards were harvested from water which did meet NSSP standards. The study also states that because NSSP water quality standards were adopted based on coliform relationships demonstrated for oysters and clams, the standards might not be applicable to mussels. The study suggests that mussels might concentrate fecal coliform organisms at levels which exceed NSSP standards even if they are grown in water which meets standards. It is my understanding that any adverse affects to shellfish from the coliform concentrations in growing waters in Agua Hedionda Lagoon are eliminated by holding the shellfish in wet-storage facilities for 48 hours prior to shipment to market. I request a response from your office concerning the following questions: 1. Is water in the Seafarms West, Inc. growing area of Agua Hedionda Lagoon adversely affected by human sewage, sewage effluent, animal wastes, toxic chemicals, oil or other pollutants? 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Page2 July 23, 1990 Or. Douglas W. Price 2. Is it safe for Seafarms West, Inc. to continue its business as it presently operates? 3. What would cause water in Agua Hedionda Lagoon to become unsafe for Seafarms West, Inc. to continue as it presently operates? Thank you for your help~ LLO B. HUBBS City Engineer LBH:FB:plg c: Anne Hysong, Planning Dept . ./ Attachment ,,._ STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Gowrnor CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION 9771 Clairemont Mesa Blvd., Ste. B San Diego, California 92124-1331 Telephone: (619) 265-5114 September 25, 1990 Mr. Lloyd Hubbs, City Engineer Department of Utilities city of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92008 Dear Mr. Hubbs: SEP 2 6 1990 CITY OF CARLSBAD ENGINEERiUG DEPARTMENT I am sure you are aware that various studies have periodically shown shellfish collected from coastal waters of the San Diego Region contain concentrations of coliforms exceeding current health standards for human consumption. The problem was first noted in a commercial shellfish growing operation located in Agua Hedionda Lagoon. Subsequent sampling by Orange and San Diego county health officials indicated a similar problem in native shellfish along the entire coastline of the San Diego Region. The sewage outfalls operated by the City of Oceanside and the Encina Joint Powers and non-point sources from the City of Carlsbad have been proposed as potential sources of the problem in Agua Hedionda Lagoon. The Regional Board held a hearing on July 16, 1990 to consider ways of addressing the problem of elevated coliform levels in shellfish in Agua Hedionda Lagoon. During the hearing the Board considered: 1. Whether or not to require the implementation of a coliform study to evaluate all potential sources of elevated coliform levels in shellfish within the lagoon; 2. What the scope of any shellfish coliform study for Agua Hedionda Lagoon should be; and 3. Who should pay for and implement any required study. At the conclusion of the hearing the Board indicated they did not want to restrict their consideration to only the problem in Agua Hedionda Lagoon and did not want the burden of funding any necessary studies to fall only on the cities of Oceanside and Carlsbad and the Encina Joint Powers. Instead the Board wanted to address the problem on a regional basis. The Board directed staff to form a committee to: Mr. Lloyd Hubbs -2-September 25, 1990 1. Evaluate the situation and determine the magnitude of the water quality problem1 2. Determine the purpose, approach and scope of any needed studies1 and 3. Evaluate all available data and information from the State and county health departments, the Southern California Coastal Water Research Project and other agencies in reviewing the matter. The Board also directed staff to investigate possible funding alternatives for the work. After the July 16 hearing, Regional Board staff began participating in a study of the problem in Agua Hedionda Lagoon originally planned to be funded jointly by the State Department of Health Services, the State Department of Fish and Game and the operator of the commercial shellfish growing operation. However, we now understand the State funding for this study did not materialize. Regional Board staff have decided to secure funding before beginning to work with the committee that the Board directed us to form. We are currently exploring funding alternatives. When we do establish the committee we would like to have your participation. I anticipate much of the contacts could be by mail or by phone to minimize travel and time spent in meetings. In the meantime we want to inventory the resources and data relevant to this problem that may be available. I would appreciate your response to the following: * Would you be willing to participate in the committee previously described? * Do you have data on: coliform concentrations in ocean waters offshore of the San Diego Region or in the coastal lagoons and estuaries, ocean currents, coliform concentrations in shellfish in ocean and lagoon waters or any other data you think would be useful in this program? * Do you have funds or other resources you would be willing to committ to resolving this issue? .. Mr. Lloyd Hubbs -3-September 25, 1990 Please tear off and use the form below for your response if convenient. I hope we will be able to work with you on this problem. Please call Dave Barker or me at the number on the letterhead if you have any questions. , ARTHUR L. COE Executive Officer AGENCY/ORGANIZATION: CONTACT PERSON: __ L..;;;;.;;;;;.L--_&1_Y!...-.!i1Q"--~ff,:....;t/.~'8.t.;...:JOf;;..;;;:S-;.____ __ _ PHONE: Lf3J>-J/ IP/ PARTICIPATION ON COMMITTEE: N DATA AVAILABLE: RESOURCES AVAILABLE: .. , City of Carlsbad •Ah•iih444hi•l•J4•Gi4•,ei4eiW October 4, 1990 Mr. Arthur L. Coe, Executive Officer California Regional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Boulevard, Suite B San Diego, California 92124-1331 Subject: Shellfish Coliform Study Dear Mr. Coe: Thank you for your letter of September 25, 1990 concerning the Shellfish Coliform Study and the Agua Hedionda Lagoon. As a primary permittee of the Sea Farms West Aquaculture operation, we are vitally interested in the proposed Study. Attached is our response to your questionnaire. I would like to participate myself, but would bring no unique information or resources I am aware of at this time. Because we are currently reviewing the Sea Farms West Conditional Use Permit, I would like to meet with you or your staff in the near future to discuss the Study in relationship to operations of that facility. My secre- tary will be contacting your office to schedule that meeting. Thank you again. I look forward to working on the Study. Cordially, LBH/pmj Att. c: Planning Director Assistant City Engineer Senior Mgt. Analyst-1::ngineering Anne Hysong----=-- Jim Davis 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 ' ,I . RCV BY:XEROX TELECOPIER ?010; 2-4-91 2:46PM; FEB-4-91 MON 14:r-,., ENCXNA W p •· C F CCITT G3➔ ..--.,_ P.07 Enclosure 1 $TAT! 0, CALU'OltNIA-H!A~TH ... ,..1) WII.PAllf ACl!NCY DEPARTMENT OF HEALTH SERVICES 11•t7"4l, STREET P.O. IOX 9•2732 S.&CR.i.MeNTO, CA 9423'-7320 (916) 322-2040 Or. Ridm:d D. Glenn, President Seafarms West, Ine. P.O. Box 1540 carlsbad, CA 92008 near or. Glenn: Novcmmr 20, 1990 RE. Emerge.nc.y Clcsure of Af;l,a Hedia1da Iagoa, 'Ibis is to confil:m that Ag\.1a Hecliorda Lagoon is closed t.apoxarily to the harvestin; of shellfish for human COl1SlJ1Tptial, as discussed with ycu this date D'/ telei:hnt oonversatim with Mr. Patrick wells of this Depart:nent' s prehal:vest shellfish sanitation pxcgram. 'lhis action is taken p.u:suant to Section 28502 (e), California Health and safety COde. '1he reason tor this closure is a notification received by this Department fran the caJ.ifomia P.egional Water Quality ecntrol Boam, san Diego Reg.iat, by telephone to Mr. Wells on Novenbar 19, 1990, to the effect that a break has been detect.ad in the Encina Ocean outfall pipe. 'Ille break is reportecl to be locatad. abCl1t 5000 feet offshore, ato1t 2000 feet inshore fran tha • cutfall' s diffuser, and in effect causes an unknown portion ot the outfall'. effluent to bypass the diffuser. '!he closure 1s establishecl to protect the plblic health ~e our sbellfish sanitatia'l pl0g'l:'am staff investigate and evaluate tha effect of the reported pxd)lea on ywr shellfish gt"OWirg area in 1q.a Hedi.arm la<J)on. Please do not hesitate to contact • at (916) 322-2040, or aff/ ot the shellfish sanitation program staff if ycu bave aey questirm oancerninJ this matter. You may reac:b Pat Wells in Ic11cx,c at (805) 733-1696 and len Hansgen, SUperVising Shellfish Sanitatia, Specialist, in Sacnmento at (916) 324-2205. 0Cl See naxt P19't• Simerely, ORIGINAL SIGNED 8Y R.lfus B. Hawell, Qu.ef Dw~ Health services Section l, RCV BY:xEROX TE~ECOPIER 7010; 2-4-91 2:47PM; CCITT G3➔ FEB-4-91 MON 14 ,"9 ENC INA W p C F -~ or. Richard D. Glenn Paga 2 Novenbar 20, 1990 oo: Patrick E. Wells 0epartmant of Health services Envi.J:amental Health servica section P.O. Box 1480 1':q:)00, CA 93436 Stuart E. RichaZdscn, Jr. Depart:mnt of Health sexvices FcmanSDrugBnndl 714 P Straat, ~ 400 sac:nm.nto, CA 95814 Butma Bania, Marine ccmdi:nat.or Depu:tmnt of Fish anS Gama Wildlife Protactia\ Division 1416 Ninth street, lb:lll 1251 Sacnmento, CA958l4 Dwayne MaXWell, lh.D. '0epartmant of Fish ard Gal EnviJ:aunental scvices Division 330 Goldci Sbore, suite SO ~ Bead\, CA 90802 ~ R. 't'ru.nor', Executive s.c:retary Fish and. GaJre cc:amdssic:l'l 1416 Ninth stnet, Box 944209 sacnm.ntc, CA 94244•2090 Arthur cc., EKecu.tive Officer C&lifornia Ra;ional Water QUal.ity 0:Xlt:r:ol loal:d, San Diego Riagion 9771 Clail:eunont Mlsa Blvd. , SUita B 8an Dago, CA 12124•1331 GazyR.starnmy san Diego o:unty Health Oapart:ment Envizamental Health s.vioes P. O. 11:DC 85261 8an Diego, CA 92138-9261 F. lti)eJ:t Sbniert, Att.omey at Law 36 PrOfessianal cantet-Pmtway san Rafael, CA 94903 P.ee ~C'J BY: xeROX TEL.ECOP I ER '7010 ; .2-4-91 2: 46PM ; 1:C I TT 133_ FEB-4-91 MON 14 r' ENC I NA W P C F ,---..._ Richa:td D. Glenn, Pb. D. Pages Dacamber l 7, 1990 GuyR.Stap,any san Diego C0Unty Health Department Emrmnnental Heal.th Servioes P. o. Sox 8!5261 San Diego, C\ 92138-5261 p. 'Rctmt Stt:d:lct Attorney at taw 36 Proteuicnal. cantar Parkway san Rafael, CA 94903 P.06 RCV BY:XEROX TELECOPIER 7010; 2-4-91 2:47PM FEB-4-91 MON 14 :r'""-a ENC X NA W p C F O.:CITT 133➔ "' P.09 E'.ncloan 2 ilri::'.ary water sampl.i.119 stations in the Agua Hedionda L.lc;00n, San Cieqo C.Ounty . ' .. . ·. ' . . .. > ~iC"Jltural Site l S.atar:ns Wast, :tnc. 01-Shore P'acili~ 't RClJ BY:XEROX TELECOPIER '7010 ; 2-4-91 2:43PM ; CCITT G3➔ , . ....--..., FEB-4-91 MON 14:~ ENCINA W p C F P.02 '. J GEORGI DfUKMU/.N, C.- DEPARTMENT OF HEALTH SERVICES rm_ ~@maw~rn1~l 11417.u P STRIET It O. BOX 9t2732 SACU.MINTO. C.&. 9.t23A-7320 (916) 322-2040 Richa:cd O. Glenn, Rl.D, President Seafarins West, Inc. P.O. BoX 1540 carl.sbad., CA 92008 Dear or. Glenn: I I 11 II !I 0 FEB -A """ i i!'.J 1 I ... l . . ·~ J l ENCINA \rV.P.C.F. Ce0eraber l7, 1990 RECllSSinCATIQf OF ,aJA REDICK).\ uo:x:tf TO A :RESTRICl'ED GlOllNG AREA Your certified shellfish grcwin;J area in AgUa Hediama tagc,cn, sari o~ County, is hereby taclassified fran 11001'lditionally a~ axe" to "restricted. area" classification. 'lhis let:t:E supersecles "1ft/ lettar to yoi dated May ll, 1990, 'Which ~ad Yo.Jr cunwit -Shellfish GrOWin;J Area certificate. '11lis letter also shall serve as yair pemi.t to ~ shellfish for daplrati.on if an:l \htn YQ1 receive approval and certiticaUcx\ of ycm-deplratia, facility by this Oeparmmt's Faad and Dl'Ug Bmnch (FCB) • 'Iba tcrp:>raxy closura at:ablishecl on NcNmt:>er 20, 1990, and CCl'l:fhmed by lflJ letter to YCAl of tl1at data (ccpy enclosed) , is hereby rescinded. Please· note, hcwwer, that as a new 00nditial of your oertiticate as at forth in item l !:>el.cw, ycu ro,, an ~ to purify all shel.lfisn barYlmted tn:a AgUa Hedicirm IagoQn in a deplmtian facility approval an:I certifier! l7J Fll9 befet"e markatin;. Art/ Shellfish fmll "'8 Hecliam Iagocn nat clepJratc in a certUied facility aze not certified sbellfish. It is pmu.bitaS to markat ~ifiecl aballfish tor man ~- 'Ibis reclassification actian is taken because an evaluation of water sanple data has revealed that the growirq awa has tailed to meat the nqui.t'emant:s of t.he Naticnal Shellfish Sanitatial PmgJ:am (NSSP) tor an appxgvad area. DJrinq the period of Januuy 15 -Navaaber 19, 1990, 10 of 44 watar saJll)les (22.71) trail sattplil'lq station 5 located within the gzminJ m:a (see Encl.asw:a 2) e.xce«\ed the :amt pm:>able mar CHEN) of 43 fecal 001.ifo:m bacteria per 100 milliliters. Analysis of shellfish meat saq,les ccnfhm tha existanoe of a pttlbl• with fecal cxntaminaticn of the gxcwing amu dur~ tha same time period, 28 of 45 111JSsel SBDl)les fmn statiat 5 (62.21) axoeedecl the wholesale market standaJ:d of 230 MRI fecal colifoms par 100 grams of meat. All sanpl• considm:m were CX>l.lected durin:J t.iw wben the J.agocn was cpail to barvesting, so they are not related to rainfall runoff. We bave so tar 'beer\ unable to oorralate tha elevated fecal colifcn:m counts with any ' RCV BY:xEROx TELECOPIER 7010; 2-4-91 2:44PM; FEB-4-91 MON 14 :("""""-, ENC :r NA W p Richard D. · Cllam, Pb. D. Paga 2 DeOember 17, 1990 C F CCITT 133➔ .,..-.... predictable~ event, which would maka it possible to manage the area effectively as a oonditionally appi,:,ved area. It shculd be nat:ad here that, s.in:,e septet,ar, 1986, yai have, in effect, been pirltyirq ya,;r shellfish pl:0duct prior ta marketinJ t,y hold.in; shellst:.ock for aver 48 hours in an on-shoR, flow t:hl:0ugh, wt storage system \fflich incorporates saJ'ld tilters an::l Ultraviolet light disinfection. 'Iha prccedure -was made Jn1Umto:ry by this Deparbnent in AUgUSt, 1989. Information perta1n:inJ to water and shellfish quality fmn AgUa He:liorm Iag00n am. YCAJr wet storage facility is on file at cur office in 1'..cltl>OC• our Shallfish sanitation Specialist, Mr. Patriek: E, wells, 'WQ1l.d be pleased to diSG\lSS this information with you if you have any questions about your shellfish (Jt'OWin; ara or tbs ocn:liticns of its certificate. Yo.u:-Shellfish Grcwin:J Area cartific:ate Number 18, dated May 11, 1990, is het'eoy amended subject to the followi.rg c:on:litiais: l. Prior to mm:keting any nnssels, aysters, or at:beJ: bivalve shellfish harVestad :tl:a'll ita shellfish grc,win; area in Aqua Hediorda Lagcon, seafams west shall pirify sudl shellfish in a depuration facility appravad and certified by this Department's Focd and Dru; Branch. Artf shellfish frail At;Ua Hedionda Iago0n not dap.lmted 1n a certified facility ma nat oertified shellfish. It is prdlibitacS to market UD:mtified shellfish. for human ~on. 2. Seafarms west shall pzgvide for all X'Clltina baeteriol09ical and other analyses of water a.rd shellfish meat saq,les fxm tl'Me dep,ratim facility as teqUired by this DaplZ'tment's Food and ON; Brarm. 3. !'ach weJc du.rin9 all harvest pericds, Seafaxms west sball subnit ane saq:,le of nussels, collected directly fran its growinq atea in AgUa Hedionda Iagoon, to the Department's sanitation and Radiation Laboratory, Bet1calay, to be tested for toxins that cause pamlytic shellfish poiac:ln11wJ. 4. sea.tams West shall ix,t. hold shellfish harlested fEtlll the dasignated growin; area in any unoertified watara, ar in arr, water-filled tana or trays wtu.c::h are net inspected and ~ for m::h p.u:pcu by the Deprtment. 5. seafaras West shall participate in an emargency notification plan, as directed 'by the Oepart::ment, tc arwre hm:vesting cle&U1'e9 in tlJe event of sewac;e treatmant plant maltuzd;ions or other polluticn .vents which might affect tha c;.ality of llhelltish frail the certified 9XQling area in 1qlJa HEdianda :ta;ocn. RC'-) BY:xER.Ox TELECOPIER '7ellel; 2-4-91 2:45PM; FEB-4-91 MON 14 r,., ENC I NA W p Richard D. Glenn, Ph.D. Paga 3 ~ 17, 1990 C F CCITT G3➔ ; ........... P.04 6. Seafanos West shall notify the i)tvinnnentaJ. Health Sm:vices Section Offi08 in I.arpoc illmediately b'f tel.er;ilone at 805/733-1696 if it has received arr/ raport or kncwlea;re of any contamination of the shellfish ~ area or of suspectecl illness fran the consurrption of shellfish frca AgUa Hediorm tagocm. In the went of contalninatiai. or suspected illness, seafarms West shall cease hu:vesting, distribution, and sale of shell:fish pendin; a review ard awrc,val to resume qm:atia\9 by the Ollpartment. Y~ shculd contact the Department's Food and. o.rug Bnnch to arrange tor the approval an1 oertification of ycur depuration facility. If you have aey questions conoemirq ttle ccnliticns of yc:m: growil'\1 £'ea certificate, please oontac:t Mr. Patrick E. Wells at our tarpoc office (80!5/733-1696) or Mr. Kenneth H. Hansgen at CQr Sacramento office (916/324-2205). S~y, Rutus B. Hawell, adef EnviJ:0raoental Health servioas section Enclosures cc: Patrick E. Wells Depart:mant of Health Services Envircrmental Health Services Sectim P.O. BoX 1480 Ianpoc, CA 93436 FnnkJ. Nava Department of Health Sazvices Food ard DN:J Btand1 714 P street, R0tm 400 sacramanto, Cl 95814 In;et,org a. sraall Department of Health sei:vioes Food anc1 DtU:i &ranch 1350 ft0nt street, R0alL 4021 san Diego, CA 92101 RCV BY:x.ERQx TEI-ECOFIER 7010; 2-4-91 2:45PM; FEB-4-91 MON 14:,;-e ENCINA W p CF Ricbard O. Glenn, Hl.D. Page 4 eeca,tier 11, 1990 Rd:lert:fllll:)tQck Aquac:,lltura Coominator Dlpartment of Fish ard Gmre 14lt Ninth street, Roan 1251 Sacramento, CA 95814 Rd:lsarl A. C'.Ollim Dapart:ment ot Fish and Ga1ll8 Marine Res0u2:0ls Division 1416 Ninth st:t'eet, Rcall 1236 saaramanto, C'A 95814 BarbaA Bania Marine Cool:dinatar Department of Fish and Gama Wildlife PJ:otactian Division 1416 Ninth street, a:icm 1251 Sacramento, CA 95814 Dayna Maxwell, lb. o. Department ot Fish and Gma EnYUQ"lffllll'1ta setvic:as Divisia, 330 Golden Shore, SUite 50 to:¥1 leach, CA 90802 David W. Altai Rll;icnal Sbelltish Specialist u. s. Focd and DNJ ldlninist:ntian !SO unite Naticnl Plaza, ~ !62 san Pranoisco, C'A 94102 suzanne Marr u.s. r.nvizarantal PEat:a:ti.cn AtJero/ ooean am F.stuaries Secticn 21! l'l:w:.cLt Ste.at san Francisco, CA 94105 Arthur cae !Xacutive Officer c:al.ifonu.a Regicnal water Quality OXltrol aoam SanDiegoRagien 9771 Claira110nt MeSa Blvd., SUite B 8an Diego, CA 92124 .. 1331 CCITT G3-, ...-..,_ ·, ;;:1 5 P.03 RC'J BY:xEROX TELECOPIER 7010; 2-4-91 2:46PM; CCITT G3~ FEB-4-91 MON 14 ........--e ENCJ:NA W P C F .,.....__ Richam D. Glenn, 91.D. Paga 5 Decallt:,ax-17, 1990 GatyR.StepJany san Diego 0:Q'lty Health Department ErlViJ:0nmental Health servioes P. o. Ba>C 8!5261 san Diego, CA 92138-5261 F. RcmrtSbaiert Attomey at Lw 36 Professi.cmal Center Parkway san Rafael, CA 94903 P.06 sot;{ San Diego -& Electric P.O. BOX 1831 • SAN DIEGO, CA 92112-4150 •619/696-2000 February 17, 1994 Ms. Anne Hysong Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: EXTENSION OF C.U.P. 194 (B) x2 Dear Ms. Hysong: FILE NO. It has come to my attention that Mr. John Davis of Carlsbad Aquafarms is a requesting an extension of his Conditional Use Permit (CUP 194 B x2). Mr. Davis has been a favorable tenant of ours for a number of years. Carlsbad Aquafarms continues to be the leader in commercial marine products and setting research standards associated with aquaculture. We see Carlsbad Aquafarms as being a prosperous up-and-coming business, favorable to the coastal environment and the citizens of Carlsbad. I hope the City of Carlsbad will review in favor of Mr. Davis, and issue an extension to his Conditional Use Permit. Sincerely, <7fLy'~ John J. Hernandez Property Management Representative [caf-cup.doc] printed on recycled paper spt;l San Diego Gas & E/eatrlc P.0. BOX 1831 • SAN DIEGO, CA 92112-4150 • 619/696-2000 March 7, 1994 Ms. Anne Hysong Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: CALBIO MARINE Dear Ms. Hysong: Please find enclosed a letter from Dominick Mendola, President and Director of CalBio Marine Technologies, Inc. Mr. Mendola's explanation of his presence in the area leased to Carlsbad Aquafarms is correct. SDG&E was made aware of this green house lab last year, and gave its consent with the understanding that this research lab was only temporary. With Hubbs-Sea World Fish Hatchery receiving approval from The "California Coastal Commission, we expect all research and non-profit organizations to be located on the north shore of the outer lagoon. If you have any questions regarding this matter, please don't hesitate to call me at 696- 2738. Sincerely, John J. Hernandez Property Management Representative cc:Dominick Mendola enclosure [calbiomr.doc] STAT! Of c:AUPORNIA-H!AlTH ANO Wf!LFAH AGENCY DEPARTMENT OF HEALTH SERVICES 1u11.u,. mnr P.O.IOXH27U SACltAMINTO, CA 9'23,6.7320 (916) 324-2205 Pebruary a, 1994 '1'01 ftOHa StJ8JBCT1 ~ Certified Shellfi•h Grower• Bnvironm■ntal Hanagarunt Branch Sh•llf i•h Growing Ar•• Certiticate Expiration and Renewal and National Shellti■h Sanitation Pro9ram (RSSP) Work■hop 'fh• expiration data of your Shallfi•h Growing Area Certificate 1• hereby ext•n~ad to March 31, 1994. Thi• action i• taken ao the expiration date will corre■pond to that of your Shellf i■h Handling and M&rketino certificate i■fuad by tbi• Department'• rood and Druq Branch (FOB l . P!)B pr■vioualy announcfd a ■imi:. ~xt•n■ion in it■ •shellfiah Program 1994 Update• dated January 18, 1994. Snclo■ed i• a blank application form to be u•ed to renew your Shellfiah Growing Ar•• -Certi~icate. Pl■aN coaaplete th• form and return it to me at th• addr••• ■hown on th• form pg llli,1£ tbtn 11£ch 1, llff. Pl•••• not• that it• 2. on the form idantifi•• a number of ■pecific item• which you mu•t include in th• deacription of your operation. Pl•••• co••r all it■m• li•t•d and identify any item• which are chan;ed from la■t year•• application. lhe11fi ■h grower■ operating on a atate water bottom• aquaculture 1•••• from the Fiah and Game Commi■■ion ar■ not required to ■ubmit a copy of their l••••, per it■m 4. on the form, ■inc• I will obtain updated copi•• of l••••• directly from the Depart11Ntnt of Fi■h and Game. Pl•••• note that FDI'• "Shellti•h Proc;ram 1994 Update" mentioned above al■o announced a fr•• 1-day work1bop on February 24, 1994, in th• Auditorium of th• Stat• Department of Health Service• buildi119 at 2151 Berkeley Way, Berkeley, CA. The put>po■• of the workahop is to pr•••nt indu■try with th• chan«Je■ approved in 1993 to the National Sh■llti■h Sanitation Program Manual of Operation■. Pl•••• confi.gm ypur 1tt1pdapca by calling Tim Smith, Executive Director, Pacific coaat Oy•t•r Grower■ A••ociation, at (206) 459-2828. 1'hank you for your proaapt attention to thi■ matter. Pl•••• contact m• at (916) 324-2205 if you have any qu■■tion•. Enclo■ure fl!L. · / K■nneth(1f. H~n•;•n • Supervi~!ng Pu~lic a~ ~lth Biologi•t Preharveat Shellfish Sanitation Oni~ .... :