2016-49 (EG)RESOLUTION NO. PC 2016 -49
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
APPROVING A MAJOR USE PERMIT TO REPLACE AND REALIGN THE SAN
ELIJO WATER RECLAMATION FACILITY OUTFALL PIPELINE, FOR THE
PROPERTY LOCATED AT 2695 MANCHESTER AVENUE.
(CASE NO. 15 -314 MUP; APNs: 261- 010- 13 -01; 261- 191 -04; 261 - 191 -03 and -
04, 261 - 191 -07, 261- 190 -38, 261 - 190 -49, 261- 172 -05 and -21; 261- 171 -07 and -
08)
WHEREAS, San Elijo Joint Powers Authority submitted an application for a Major Use
Permit to replace and realign the San Elijo water reclamation outfall pipeline from the San Elijo
Joint Powers Authority property at 2695 Manchester Avenue to Cardiff State Beach, including
construction staging areas at two locations to be removed prior to the completion of the project;
and
WHEREAS, the Planning Commission conducted a noticed public hearing on the
application on August 18, 2016, at which time all those desiring to be heard were heard; and
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby APPROVES Case No. 15 -314 MUP based on the following Environmental
Determination and Findings:
Section 1. California Environmental Quality Act (CEQA) Determination
As a responsible agency under the California Environmental Quality Act, the Planning
Commission certifies that it has reviewed and considered the information contained in the
project's Mitigated Negative Declaration (State Clearing House No. 2016011018) adopted by
the San Elijo Joint Powers Authority on March 1, 2016. The mitigation measures contained in
the Mitigated Negative Declaration are adopted by the City of Encinitas for the purposes of
mitigating or avoiding the project's environmental effects that may occur within the City.
Section 2. Discretionary Actions Findings
Based on Encinitas Municipal Code Section 30.74.070, findings for a Major Use Permit
and the aforementioned analysis, the Planning Commission has made the following
findings to support the approval, with conditions:
Findings for Major Use Permit
Explanation of Finding
1. The location, size, design or operating
The proposed replacement and realignment
characteristics of the proposed project will
underground pipeline will be compatible with
be incompatible with or will adversely affect
the surrounding lagoon and beach
or will be materially detrimental to adjacent
environment. The proposed improvements will
uses, residences, buildings, structures or
natural resources, with consideration given
help prevent a potential spill or pollution from
to, but not limited to:
the aging pipeline, and is consistent with the
current use. The proposed project will not
impact any view corridors from public and
private viewpoints.
a. The inadequacy of public facilities,
Findings for Major Use Permit
Explanation of Finding
services and utilities to serve the
All construction staging areas will be returned
proposed project.
to their pre- construction condition.
b. The unsuitability of the site for the type
Drakos
and intensity of use or development
The project design and conditions of approval
which is proposed.
contained herein will ensure compatibility of
c. The harmful effect, if any, upon
the proposed project with adjacent properties.
environmental quality and natural
A Mitigated Negative Declaration has been
resources of the city; or
adopted by the San Elijo Joint Powers
Authority with mitigation measures, which
have been incorporated as conditions of
approval.
2. The impacts of the proposed project will
With the approval of the discretionary permits
adversely affect the policies of the
requested, the proposed improvements will
Encinitas General Plan or the provisions of
comply with applicable policies of the General
the Municipal Code; or
Plan and provisions of the Municipal Code.
No evidence has been submitted or identified
to demonstrate that the project will have any
adverse impact to the policies of the General
Plan or provisions of the Municipal Code.
3. The project fails to comply with any other
No evidence has been submitted or identified
regulations, conditions, or policies imposed
to demonstrate that the project failed to
by the Municipal Code.
comply with any other regulations, conditions,
or policies imposed by the Municipal Code.
BE IT FURTHER RESOLVED that based on the Environmental Determination and
Findings hereinbefore adopted by the Planning Commission, Case No. 15 -314 MUP is hereby
approved subject to the conditions in Exhibit A.
PASSED AND ADOPTED this 18th day of August, 2016, by the following vote, to wit:
AYES:
O'Grady, Brandenberg, Boerner Horvath and Apuzzo
NOES:
None
ABSTAIN:
None
ABSENT:
Drakos
/",Op I
Michael Glenn O'Grady, Oair
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EXHIBIT "A"
Resolution No. PC 2016 -49
Case No. 15 -314 MUP
Applicant: San Elijo Joint Powers Authority
Location: 2695 Manchester Avenue (APNs: 261 - 010- 13 -01; 261- 191 -04; 261 - 191 -03 and -04, 261-
191 -07, 261 - 190 -38, 261 - 190 -49, 261- 172 -05 and -21; 261- 171 -07 and -08)
SC1 SPECIFIC CONDITIONS:
SC2 At any time after two years from the date of this approval, on August 18, 2018, at 5 p.m., or
the expiration date of any extension granted in accordance with the Municipal Code, the
City may require a noticed public hearing to be scheduled before the authorized agency to
determine if there has been demonstrated a good faith intent to proceed in reliance on this
approval. If the authorized agency finds that a good faith intent to proceed has not been
demonstrated, the application shall be deemed expired as of the above date (or the
expiration date of any extension). The determination of the authorized agency may be
appealed to the City Council within 15 days of the date of the determination.
SC5 This project is conditionally approved as set forth on the application dated received by the
City of Encinitas on August 5, 2016, and the project drawings consisting of twenty sheets,
including project plans (18 Sheets) and Access Plans (2 Sheets); all designated as
approved by the Planning Commission on August 18, 2016, and shall not be altered without
express authorization by the Planning and Building Department.
SCA The following conditions shall completed to the satisfaction of the Planning and Building
Department:
If operation of construction equipment starts during the breeding seasons for the
coastal California gnatcatcher (March 1 to August 15), least Bell's vireo (March 15 to
September 15), Ridgway's rail (February 15 to August 15), western snow plover
(March 1 to September 30), or /or California least tern (March 1 to September 30)
preconstruction survey(s) shall be conducted by a USFWS- permitted biologist (as
applicable) to determine whether these species occur within the suitable habitat that
is located within 500 feet of construction activities. If it is determined at the
completion of pre- construction survey(s) that active nests belonging to these
sensitive species are absent from the potential impact area, construction shall be
allowed to proceed. If preconstruction surveys determine the presence of active
nests belonging to those sensitive species, then construction shall: (1) be postponed
until a permitted biologist determines the nest(s) is no longer active or until after the
respective breeding season; or (2) not occur until a temporary noise barrier or berm
is constructed at the edge of the development footprint and /or around the piece of
equipment to ensure that the noise levels are reduced to below 60 A weighted
decibels (dBA) or ambient. Decibel output will be confirmed by a qualified noise
specialist and intermittent monitoring by a qualified biologist will be required to
ensure that conditions have not changed.
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2. If initial grading and vegetation removal activities (i.e. earthwork, clearing and
grubbing) must occur during the general bird breeding season for migratory birds and
raptors (January 15 through September 15), or during the breeding season for the
western snowy plover and California least tern (March 1 to September 30), the
project applicant shall retain a qualified biologist to perform a pre- construction survey
of potential nesting habitat to confirm the absence of active nests belonging to
migratory birds and raptors afforded protection under the MBTA and California FGC.
The preconstruction survey shall be performed no more than three days prior to the
commencement of construction activities. If the qualified biologist determines that no
active migratory bird or raptor nests occur, the activities shall be allowed to proceed
without any further requirements. If the qualified biologist determines that an active
migratory bird or raptor is present, no impacts shall occur until the young have
fledged the nest and nest is confirmed to be no longer active, as determined by the
qualified biologist.
3. Prior to construction, the project applicant or construction contractor shall retain a
qualified biologist to monitor clearing and /or grubbing activities. The biologist
monitor shall attend pre- construction meetings and be present during the removal of
vegetation to ensure that the approved limits of disturbance are not exceeded and
provide periodic monitoring of the impact area including, but not limited to, trenches,
stockpiles, storage areas and protective fencing. Before construction activities occur
in areas containing sensitive biological resources, construction workers shall be
educated by the biologist to recognize and avoid areas containing sensitive biological
resources.
4. Prior to construction, temporary construction fencing shall be installed around the
perimeter of the work area located on the beach. Fencing shall remain in place
during all construction activities.
5. The construction contractor shall implement BMPs, including but not limited to:
maintain the construction zone free of trash and debris; employing appropriate spill
prevention practices and clean up materials; installing and maintaining sediment and
erosion control measures; maintaining effective control of fugitive dust; and properly
storing, handling, and disposing of toxins and pollutants including waste materials.
Prior to construction, the following notes shall be included on the applicable
construction plans to the satisfaction of the SEJPA (or their designee):
A qualified biologist shall be on site to monitor vegetation clearing
periodically thereafter to ensure implementation of appropriate resource
protection measures.
• Dewatering shall be in accordance with standard regulations of the Regional
Water Quality Control Board. A permit to discharge water from dewatering
activities is required.
During construction, material stockpiles shall be placed such that they (1)
cause minimal interference with on -site drainage patterns; and (2) are
outside the high tide line.
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• Material stockpiles shall be covered when not in use.
6. During project construction, the project applicant or construction contractor shall be
required to retain the services of a paleontologist to implement a paleontological
monitoring and recovery program. The paleontologist shall attend the project pre -
construction meeting to discuss the excavation plan with the excavation
contractor(s). The paleontologist or a paleontological monitor shall be on site during
original cutting of previously undisturbed portions of the Del Mar Foundation and /or
terrace deposits. In the event that fossils are discovered, the project paleontologist
shall have the authority to temporarily halt or redirect construction activities in the
area of discovery to allow recovery in a timely manner. Collected fossil remains shall
be cleaned, sorted, catalogued, and deposited in an appropriate scientific institution
such as the San Diego Museum of Natural History.
7. The protection of the staging area on Cardiff State Beach shall be limited to the use
of elevated platform or raised work areas, berming and sandbagging around the
worksite, or the use of interlocking steel sheet piling. Any deviation from these
methodologies shall require approval from the Planning and Building Department
through the applicable process.
8. After construction work has been completed and prior to restoring the site the
applicant shall coordinate the restoration of relocated rip -rap. If the City Living
Shoreline project is approved and ready for construction the construction staging
area shall be restored consistent with the Living Shoreline (aka Coastal Dune
Restoration Project) currently planned for this area. This activity shall be coordinated
with the City's Coastal Program Manager and the Planning and Building Department.
SCB The following conditions shall be completed and /or fulfilled to the satisfaction of the
Engineering Services Department:
The applicant shall replace the two sewer force mains across Manchester Avenue as
part of this project. The applicant shall coordinate the replacement of the City of
Encinitas sewer force mains across Manchester Avenue with the City's Capital
Improvement (CIP) division.
2. The applicant shall coordinate with the City's Coastal Program Manager on each of the
multiple permitting agencies requirements in order to provide a cohesive and
comprehensive approach to beach impact management.
3. Prior to start of construction, the applicant shall provide evidence that all provisions
of the following agencies have been addressed and shall provide a copy of each
jurisdictions permit to perform the requested work: California Coastal Commission,
California Department of Fish and Wildlife, California Regional Water Quality and
California State Parks Department.
4. The applicant's staging area and presence on the beach shall minimize the impacts
to the public including loss of parking on Coast Highway 101. The applicant shall
obtain a Temporary Encroachment Permit and approval of a Traffic Control Plan
from the Engineering division prior to any work within the public right -of -way.
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5. For overall site security and preservation of health and safety, the applicant shall
coordinate with California State Parks Department to have a lifeguard stationed at
the north and south ends of the project boundary.
6. The applicant shall ensure that the annular space between the drilled hole and the
pipe will be filled with concrete /slurry to prevent settlement of the pipe and any other
surface improvements to the maximum extent practicable, but absolutely at any /all
public road or utility crossings.
7. The applicant and /or contractor shall obtain a right -of -way construction permit from
the Engineering Division of the City of Encinitas prior to any construction within or
under the Manchester Avenue Right -of -Way. The contractor shall have a California
Class A License and have $1 million General Commercial Liability Insurance on file
with the City. The applicant and the contractor shall sign an agreement indemnifying
and holding the City harmless from any damages caused by the project.
8. Prior to start of construction, the applicant and /or contractor shall provide the means
and methods by which the 20 feet deep excavation including groundwater
dewatering will be conducted on the beach to access the point of connection to the
existing outfall pipe. A separate permit may be required form the RWQCB for the
dewatering operation.
SCC The following conditions shall be completed and /or fulfilled to the satisfaction of the Fire
Department:
1. The Fire Department and Traffic Engineering Division shall be included in pre -
construction meetings and involved in all meetings regarding ingress and egress
from the site on Manchester Avenue and any Coast Highway 101 crossings.
2. A traffic control plan shall be provided for road work, including but not limited to: a
description on lane closures, proposed lane width modifications, required signage,
hours of operation and a designated field contact name and phone number.
3. Prior to the commencement of work, the Fire Department shall be notified at least 24
hours in advance.
G1 STANDARD CONDITIONS:
CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
G2 This approval may be appealed to the City Council within 15 calendar days from the date of
this approval in accordance with Chapter 1.12 of the Municipal Code.
G5 Approval of this request shall not waive compliance with any sections of the Municipal
Code and all other applicable City regulations in effect at the time of Building Permit
issuance unless specifically waived herein.
G12 Prior to any use of the project site pursuant to this permit, all conditions of approval
contained herein shall be completed or secured to the satisfaction of the Planning and
Building Department.
W
USE PERMITS
U1 At all times during the effective period of this permit, the responsible party shall obtain and
maintain in valid force and effect, each and every license and permit required by a
governmental agency for the operation of the authorized activity.
U2 In the event that any of the conditions of this permit are not satisfied, the Planning and
Building Department shall cause a noticed hearing to be set before the authorized agency
to determine whether the City of Encinitas should revoke this permit.
U3 Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City
of Encinitas, acting through the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit.
U4 Nothing in this permit shall relieve the applicant from complying with conditions and
regulations generally imposed upon activities similar in nature to the activity authorized by
this permit.
U7 Any future modifications to the approved project will be reviewed relative to the findings for
substantial conformance with a use permit contained in Section 30.74.105 of the Municipal
Code. Modifications beyond the scope described therein will require submittal of an
amendment to the use permit and approval by the authorized agency.
E1 ENGINEERING CONDITIONS:
CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
E2 All City Codes, regulations, and policies in effect at the time of building /grading permit
issuance shall apply.
E3 All drawings submitted for Engineering permits are required to reference the NAVD 88
datum; the NGVD 29 datum will not be accepted.
EG1 Grading Conditions
EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt
under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from
permit requirement, the Owner shall provide a precise site plan prior to approval of a
building permit. The building site plan shall provide design for drainage improvements,
erosion control, storm water pollution control, and on -site pavement.
ED1 Drainage Conditions
ED2A An erosion control system shall be designed and installed onsite during all construction
activity. The system shall prevent discharge of sediment and all other pollutants onto
adjacent streets and into the storm drain system. The City of Encinitas Best Management
Practice Manual shall be employed to determine appropriate storm water pollution control
practices during construction.
ES1 Street Conditions
ES5 Prior to any work being performed in the DUb|iC hg 8 hg CODStruCdOn
permit shall b8 obtained from the Engineering Services Director and appropriate fees paid,
in addition to any other permits required.
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