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HomeMy WebLinkAbout1976-03-24; Planning Commission; Resolution 1224. I! 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PLANNING COMMISSION RESOLUTION NO. 1224 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF AN AMENDMENT TO SPECIFIC PLAN (SP-144) TO PERMIT THE CONSTRUCTION OF A 400-FOOT SINGLE STACK TO REPLACE THE FOUR EXISTING STACKS, AT THE ENCINA POWER PLANT. CASE NO. : SP-l44(B) APPLICANT: SAN DIEGO GAS & ELECTRIC CO. WHEREAS, a verified application for an amendment to SP-1 to permit the construction of a 400 ft. single stack to repla the four existing stacks has been received for the following described property: Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of San Diego, toget- her with that portion of Block W Palisades Number Two, Map No. 1803 in the City of Carlsbad, County of San Diego. Also being Parcel 6, Page 07, Book 206; Parcels 24, 25, 26, & 27, page 01, Book 210; Parcel 21, Page 21, Book 211 and Parcel 14, Page 01, Book 212 of the Assessor'Is Map of San Diego County, 16 Code, the matter was referred to the Planning Commission for 17 WHEREAS, in accord with Title 21 of the Carlsbad MuniciF public hearing. 18 19 WHEREAS, a duly noticed public hearing was held at the t 20 formation which insures Public Facilities will be available c 25 Element of the General Plan and has provided the necessary ir 24 WHEREAS, the applicant has complied with the Public Faci 23 were heard; and 22 continued to March 24, 1976 at which time all interested pers 21 and in the place specified in said notice on Jan. 28, 1976 ar quirements of the City of Carlsbad "Environmental Protection 28 WHEREAS, the subject application has complied with the 1 27 current with need; and 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 Ordinance of 1972” in that an Environmental Impact Report on project was certified in 1973 and has been fully supplementec additional current information which constitutes prior compli In addition, an EIR for the entire related Encina 5 project a certified by the Public Utilities Commission acting as lead a on the project has been considered; and WHEREAS, at said public hearing, upon hearing and consid ing the tesimony and arguments, if any, of all persons who de sired to be heard, said Commission considered all factors re1 ing to the Specific Plan Amendment and found the following fa and reasons to exist; (1) All conditions of City Council Ordinance 9279 have been complied with and this amendment is consistent with said ordinance and the provisions of the PU ZOI (2) The stack is necessary to provide an effective methc of dispersing the emissions of the‘Encina Power Plal as required by the State Air Resources Board and wi: improve the overall quality of air in this area. (3 1 SDGGrE has indicated that some of the corrosion damage, “fallout”, in the vicinity of the San Diego Gas & Electric Company Encina Power Plant (more specifically the Terramar Area) is probably started or caused by particles from the Encina Plant. SDGSrE has further stated that they will meet with the individual Terramar residents to resolve the damage claims and that they are also working with the San Diego County APCD staff to (a) develop a work program, and (b) design an agree1 or affidavit that will assure the City and County that necessary corrective action will be taken by the Company. Said problem exists now and will be resolved prior to use of Encina #5 and the stack. (4) The actions and findings in support thereof made ~ by the Public Utilities Commission and State Coastal and adopted by this Commission and their conditions of approval taken together with the conditions recon mended by this resolution adequately mitigate any adverse effects of the project. ~ Commission are correct, are supported by the evidenc -2- I 0 0 1 2 (5) The needs of the San Diego regional area for adequa supplies of electrical power necessitate approval of this application. 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio 4 7 B) Than an amendment to SP-144 be approved and is subj 6 A) That the above recitations are true and correct, 5 the City of Carlsbad as follows: to the following conditions: 8 9 10 11 12 13 14 15 16 17 18 19 20 li 21 22 23 24 25 26 27 28 ~ ~ 1) That Ordinance No. 9279 is amended by the amen memt of Section 2 of said Ordinance to replace Specific Plan Map attached thereto with a revi plan labeled SP-l44(B), Exhibit A, dated 10-10 on file in the Planning Department and incorpo ted by reference herein, which is hereby adopt 2) All conditions of Ordinance No. 9279 dated Aug 3, 1971, with the exception of $15, shall apply the Specific Plan as amended which shall be in addition to the conditions hereof. 3) All applicable requirements of any law, ordina or regulation of the State of California, City Carlsbad, and any other governmental entity sh be complied with. 4) Compliance with and execution of all condition listed here shall be necessary, unless otherwi specified, prior to obtaining final building i spection clearance. Deviation from this requi ment shall be permitted only by written consen of the Planning Director and Planning Commissi 5) All ground lighting shall be arranged to refle away from adjoining properties and streets. 6) Any mechanical and/or electrical equipment to located on the roof of the structure shall be screened in a manner acceptable to the Plannin Director. Detailed plans for said screening s be submitted, in triplicate, to the Planning Director. 7) Should the Air Pollution Control Officer of th San Diego County Air Pollution Control Distric require additional monitoring equipment and fu for air quality analysis in connection with th current study of emissions from the Encina Pow Plant, the applicant shall supply said equipme and funds as deemed necessary by the Air Pollu Control Officer. The cost of said equipment s il -3- 0 0 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8) 9) 10) 11) not exceed $150,000. The requested funds for quality analysis shall not exceed $50,000 per year. Any future measure required by the San Diego County Air Pollution Control District to lesse air emissions from the Encina Power Plant are incorporated as a part of this Specific Plan A ment and SDG&E shall comply fully therewith. The City will obtain a report of compliance fr the City staff and the San Diego County Air Po tion Control Officer on or before five years a deemed necessary by City Council, Planning Corn or staff. The Planning Commission and City Co shall review the report with regard to conform to the conditions of this Specific Plan and to regulations required by other applicable regul agencies, i.e. San Diego County Air Pollution District, Public Utilities Commission, State C Commission, etc. The City reserves the right amend this Specific Plan (SP-144B) as necessar to add conditions to insure such compliance. In the event that the City of Carlsbad determi that the 400-foot stack is no longer necessary as a method of air emission dispersion, the 40 stack shall be removed at the applicant's expe or the applicant shall request amendment to th Specific Plan to provide a reasonable time per for removal. The applicant shall make a formal commitment to conduct the studies necessary to determine what operating practices and/or emissions con- trol devices are capable of eliminating the particulate fallout problem. A schedule for the completion of the studies shall be establi which is satisfactory to the San Diego County Air Pollution Control District Officer, the Ai Pollution Control District Hearing Board or Court of Law. Upon completion of the studies, applicant will, within 60 days, submit to the Air Pollution Control Officer or the Air Pollu tion Control District Hearing Board a complian schedule, including such operating practices a emissions control devices to be used in the En Power Plant as are necessary to eliminate the fallout damage and a time schedule for their u Applicant will further consent to the entry of an abatement order incorporating the complianc schedule which abatement order may be enforcea by the Air Pollution Control District Hearing Board or the Superior Court. I1 -4- r .< 0 0 1 2 3 4 5 6 7 8 9 10 11 12 The applicant shall further agree to pay claim for property damage resulting from the fallout problem until compliance with the abatement or is achieved. The particulate fallout problem shall be contr to the satisfaction of the Air Pollution Contr Officer prior to the final building permit cle ance for Encina #5 and the single stack. If t requirement cannot be met, the City Council ma extend the time limit for compliance without further amendments to the Specific Plan. 12) Prior to the Building Inspector signing the fi inspection for the 400 ft. stack, the four sta on the existing Encina Power Plant shall be co: pletely removed. C) This amendment is consistent with the Carlsbad Gene Plan and all applicable specific plans. The projec a logical extension of an existing use located in a area already committed to heavy public utility oper tions. 13 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 24, 1976, E // the following vote, to wit: 16 17 AYES : Commissioners Watson, Jose, Dominguez, Larson Fikes and L'Heureux. 18 NOES : None 19 ABSENT : None 20 21 22 ATTEST : Stephen' M. L'HeureuxJ, Chai: 23 24 & fb L 25 Don A. Agatep, Sdcretary 26 27 28 ll -&-