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HomeMy WebLinkAboutCD 11-12; CARLSBAD DESALINATION PROJECT; Consistency Determination (CD)---· --------------------------------- CITY OF CARLSBAD APPLICATION FORM FOR CONSISTENCY DETERMINATION APPLICATION CITY USE ONLY Pro)ecl Numller: PROJECT NAME: Carlsbad Seawater Desalination Project Assessor's Parcel Number(s): _2_1_0-_0_1_0-_a __ '-1_.__"'f,_._ _____________________ _ Description of proposal (add attachment If necessary): See attached letter and exhibits Would you Ilka to orally present your proposal to your assigned staff planner/engineer? Yes ¢ No Please list th• staff members you have previously spoken to regarding this project. If none, please so state. Scott Donnell, S61lior Planner OWNER NAME (Print): Poseidon Resources (Channelside) LP MAILING ADDRESS: 501 w. Broadway, Suite 2020 CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: 619-595-7802 APPLICANT NAME (Print): Peter Maclaggan MAILING ADDRESS: 501 W. Broadway, Suite 2020 CITY, STATE, ZIP: San Diego, CA 92101 TELEPHONE: 619-595-7802 □ _.;__,;_;;___;,.;__ _______ _ -------------EMAIL ADDRESS: pmactaggan@poseidon1.com EMAIL ADDRESS: pmaclaggan@poseidon1.com *Owner's signature lrtdicates pennission to conduct a prallmlnary review for a dewtlopnlont proposal. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF .MY~~/. 7 SIGNATURE .r~ I APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: I CITY, STATE, ZIP: TELEPHONE: 1 EMAIL ADDRESS: 7faJ.,/ ,., DATE ! I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE ' APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE RECEIVED JUL I 8 2011 CITY OF CARLSBAD , IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR ME F O INSPECT AND i ENTER THE p ECT OF THIS APPLICATION. IJWE CONSENT TO ENTRY FOR THIS PURPOSE. FEE REQUIRED/DATE FEE PAID: / -f 8-/ I f {D~(o /t1. • ~ ~-'----a-'-'L .L_=-----.!.....L.---=--=-=-------REcE1vED BY: VIA,,C,,d ...O~·- • P•16 Page 2 of 2 Relrised 07/10 f, i ·~ i. \ • • • POSEIDON July 12, 20 II Mr. Scott Donnell City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Donnell: R E S O U R C E S The Carlsbad Seawater Desalination Project (Project) was approved by the Carlsbad City Council on June 13, 2006, and certified in FEIR 03-05 (SCH#2004041081) and provides for a 50 million gallon per day (MGD) seawater desalination facility, located on the property of the Encina Power Station. On September 15, 2009 the Carlsbad City Council approved modifications to the Project as PDP 00-02B/SP I 44(J). Section VI.D of PDP 00-02B '"Procedures and Amendments -Consistency Determination with Approved PDP," states: "Certain improvements, modifications, maintenance activities or other future proposals may be considered minor in nature and found lo be consistent with the Precise Development Plan. In these circumstances, building permits may be issued without formal amendment to the Precise Development Plan. The process to determine consistency with the PDP shall be according to Planning Department Policy No. 35, Discretionary Permit Consistency Determination (attached as Appendix G), as amended from time to time. " Poseidon Resources submits this Consistency Determination consistent with Planning Department Policy Number 35. The changes proposed in the attached documentation are very minor and constitute changes in location for equipment already approved, and additional screening consistent with screening regime, materials, colors and landscaping approved as part of the Project. These types of minor changes would typically be handled as part of the building permit process, or through a construction change as part of a project's evolution from entitlement to final design, but Poseidon requests this Policy 35 review so that there is no question as to nature of the minor changes being made. There will be no change in the operation or capacity of the Project. Poseidon believes that these minor changes are within the scope of and in full compliance with the approved PDP 00-02B/SP 144(1) and FEIR 03-05 and Addendum. We have attached a description of the Project modifications, and exhibits depicting the changes for your review. We have also provided a table with candidate findings for each of the 10 fmdings necessary for the Policy 35 consistency determination. We would be happy to meet with you and representatives of the City to make a presentation of the proposed changes if necessary. If you have any questions, please do not hesitate to contact me. Sincerely, ~~~ Peter MacLaggan Senior Vice President SD\795728.1 Poseidon Resources 501 West Br0r1cJw;;iy, Suite ?O?.O. S,rn [J1ecJo CA 92101. USA ti19·:l9:l-7S02 Fax 619-:i9!J·7892 ,. . --- POSEIDON CARLSBAD SEA WATER DESALINATION PROJECT Consistency Findings for Administrative Policy 35 (1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function; (2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood; (3) The proposed revision does not change the density (i.e. the addition of units) or boundary of the subject property; ( 4) The proposed revision does not involve the addition of a new land use SD\795729.1 Project changes constitute minor modifications to the site plan that are not essential to the design, quality, safety or function of the Project. The raising of screen walls will only further mask the equipment and structures on the site. Reconfiguration of the roadway and equipment, internal to the desalination plant, will continue to provide the same level of fire access required by the originally revised Project. The Project continues to be a 50 MGD desalination facility at the approved site. No essential clements of the Project will change with this action. The request represents an upgrade in the overall design features, because the Project will function more efficiently for the production of desalinated water. In addition, screen walls will be raised in certain areas to increase screening of industrial equipment from railroad right of way, and from the power plant area. This represents an upgrade in design which improves upon the Project's compatibility with the surrounding land uses. A concern in the original approval of the Project was to screen industrial facilities at the Project site from views within the Encina site in anticipation of future redevelopment of the Encina power station. In addition, views from the rail corridor on the east side of the Project were also required to be screened. The Project modifications will increase screening of the industrial equipment on site, further protecting the visual quality from the interior and exterior of the Encina site. --- There are no proposed changes to the boundaries of the site plan. The plant will continue to operate as a 50 MGD desalination plant, as authorized in the original approvals. .... - not shown on the original pennit (e.g. adding a commercial use to a residential project, replacing single family units with attached residential units, vice versa for each example, etc.); (5) The proposed re vision does not rearrange the major land uses within the development (e.g. it does not exchange the locations of single family units with attached units); (6) The proposed revision does not create changes of greate.r than ten percent (10%), providing that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code as follows: Per individual lot or structure - yards, setbacks, coverage or height (height reductions o f > I 0% are permitted); On an aggregate project basis - parking, open space, common area or landscaping; (7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation; S[)I 7957::?9. I -- location of equipment that has always been part of the desalination facility. The development has only one land use, a 50 MGD desalination plant. No change of use or additional land uses are proposed. The desalination plant is located on the same site as previously approved by the City Council. No additional square footage is proposed to be added to the desalination facility other than the previously approved modification of screen walls ( condition 20d, Resolution No. 6635). The proposed changes are minor modifications to the location and placement of equipment already part of the Project, and increased screening of the internal workings of the desalination plant. The Project will comply with all development standards of PDP 00-O2B. Parking, open space, common areas, and landscaping will not change. The proposed modifications to the Project are minor in nature and do not change the use or operation of the facility, and therefore will not cause any new significant environmental impact or require additional mitigation. Additional screening of industrial eQuipment, proposed, is reQuired by mitigation measure 4.1-2 from the 2 .,,. ' - (8) The proposed change would not result in any health. safety or welfare impacts~ (9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. so. 795729.1 - certified EIR 03-05. The proposed changes are minor modifications to the placement of equipment, already part of the Project, and increased screening of the internal workings of the desalination plant. The Project will comply with all of the health and safety standards required under the PDP 00-028. There are no controversies associated with the original project which will be exacerbated with the proposed change, because the nature of the controversies related to the original project were related to the impingement and entrainment of marine life in the intake of seawater and discharge of concentrated brine from the desa.lination process. An additional controversy of the project included whether desalination facilities should be used to meet regional water demands rather than conservation. - The revised Project will continue to intake sea water at the same rates, velocities, and amount as the approved facility. The sea water intake is governed by a lease agreement with the State Lands Commission who along with the City of Carlsbad and California Coastal Commission reviewed the issues related to the intake of water. The proposal makes no changes to the intake system, or the manner in which water is brought to the facility. Similarly there will be no change in the amounts, rates, velocity, or concentrations of discharge water from that which was approved as part of the PDP and certified with the FEIR for the Project. In addition, the Regional Water Quality Control Board has issued·an NPDES pennit for the discharge from the facility. The applicant will comply with this pennit, which is consistent with the previously approved project. The revised project continues to be a 50 MGD desalination facility located at the Encina Power Station. The proposed minor modifications wiU not add additional issues not already vetted by the Carlsbad City Council, the California Coastal Commission, State Lands Commission, and Regional Water Quality Control Board. 3 - (10) The proposed change would not be readily discernible to the decision makers as being substantially different from the project as origina11y approved. SD\795n9.I - The project will not be readily discernible to the decision makers as being substantially different than the revised, because the facility will contain enhanced screening to block views of industrial equipment. The facility will continue to operate in the manner approved by the Carlsbad Planning Commission and City Council, producing approximately 50 MOD of desalinated water for use throughout the San Diego region. 4 - - - Poseidon Carlsbad Seawater Desalination Project Policy 35 Consistency Detennination Proposed Changes The following is a description of the proposed changes shown in the attached exhibits ("approved" Exhibit E and "proposed" Exhibit E): I. Product Water Storage Tank changed from a circular tank to a rectangular tank. The September 2009 approvals provided for a circular storage tank located below grade with 3.4 million gallons of storage capacity. Poseidon is proposing to install a rectangular tank located below grade, not to exceed 3.4 million gallons of storage capacity. 2. Product Water Pump Station. The September 2009 approvals provided for a Product Water Pump Station located below grade. Poseidon is proposing to relocate the product water pump station on top of the product water storage tank. The maximum height of the Product Water Pump is 18 feet. 3. Additional screen walls around Product Water Storage Tank. Poseidon is proposing to add additional screen walls on the west, south and north sides of the Product Water Storage Tank to screen equipment and service areas of the desalination plant site (including items 2, 4 and 5 herein) as viewed from vantage points within the Encina Power Station. The new screen walls will be the same height (28"} as the approved screen walls surrounding the pretreatment filters (shown in yellow in the approved Exhibit E), and will be provided with the same architectural treatments as the approved screen walls. Authorization for this change is provided in Condition 20d of Planning Commission Resolution No. 6635, RP 05-12(A). 4. Realignment of equipment and roadway internal to the desalination plant site. Poseidon is proposing the following changes: relocation of the Membrane Flush Tank; modification of the layout of the Post Treatment and Sludge Processing facilities; and relocation of roadway internal to the desalination plant relocated 20' south. 5. Surge Tanks and CO2 Storage Tanks. The surge tank shown in the approved Exhibit E has been relocated to the south side of the Product Water Storage Tanlc adjacent to the new screen wall on the southern boundary of the desalination plant site. At the request of the SDCW A, we have added a backup surge tank in the same location. The surge tanks are horizontal with a maximum height of 12 feet. Two CO2 storage tanks (shown in the revised Exhibit E) have been located where the Product Water Pump Station was previously located. The CO2 storage tanks are horizontal with a maximum height of 12 feet. 6. Chemical Storage Area Screen Wall. The September 2009 approvals authorized a 20 foot high screen wall adjacent to the chemical storage area, while a 28 foot screen was to be provided along the remainder of the east side of desalination plant site. Poseidon is SD\795727.l - - - proposing to increase the height of the screen wall in this area to match the remainder of the screening to be installed on the east side of the desalination plant site. The additional height is necessary to screen equipment that may otherwise be viewed from vantage points within the passing trains. The modified screen wall will be the same height (28') as the approved screen walls surrounding the pretreatment filters (shown in yellow in the approved Exhibit E), and will be provided the same architectural treatments as the approved screen walls. Authorization for this change is provided in Condition 20d of Planning Commission Resolution No. 6635 (RP 05-12(A). 7. Additional screening of northwest corner of desalination plant site. Poseidon is proposing to move the west facing screen wall that is located north of the RO building further west and connect it to an extension of the screen wall on the north side of the desalination plant site. The additional screening is necessary to screen equipment that would otherwise be viewed from vantage points within the Encina Power Station. The new screen walls will be the same height (28') as the approved screen walls surrounding the pretreatment filters (shown in yellow in the approved Exhibit E), and will be provided the same architectural treatments as the approved screen walls. Authorization for this change is provided in Condition 20d of Planning Commission Resolution No. 6635 (RP 05-12{A). SD\795727.l