HomeMy WebLinkAbout2006-05-03; Planning Commission; Resolution 60891 PLANNING COMMISSION RESOLUTION NO. 6089
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE AMENDED AND RESTATED ENCINA
4 SPECIFIC PLAN 144 WITH AMENDMENT 144(H) TO
5 INCORPORATE PRECISE DEVELOPMENT PLAN 00-02 FOR
THE ENCINA POWER STATION AND CARLSBAD
6 SEAWATER DESALINATION PLANT INTO SPECIFIC PLAN
144 ON PROPERTY LOCATED NORTH OF CANNON ROAD,
7 SOUTH OF AGUA HEDIONDA LAGOON, EAST OF
CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5
8 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1
a AND 3.
CASE NAME: PRECISE DEVELOPMENT PLAN AND
10 DESALINATION PLANT
CASE NO.: SP 144(H)
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WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," and
13 Cabrillo Power I LLC, "Owner," have jointly filed a verified application with the City of
14 Carlsbad regarding property owned by Owner and described as:
15 That portion of Lot "H" of Rancho Agua Hedionda in the City
jg of Carlsbad, County of San Diego, State of California,
according to partition map thereof No. 823, filed in the Office
17 of the County Recorder of San Diego County, November 16,
1896, as described in Certificate of Compliance recorded
18 October 30, 2001, as Document No. 2001-0789068, Parcel 4.
(Assessor's Parcel Numbers 210-010-41 and a portion of
19 210-010-43)
20 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Specific Plan
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~~ amendment as shown on Exhibit "X," dated May 3, 2006, attached hereto and on file in the
24 Carlsbad Planning Department, PRECISE DEVELOPMENT PLAN AND DESALINATION
25 PLANT as provided by SP 144(H) and Government Code Section 65450 et seq; and
26 WHEREAS, the City Council adopted the Encina Specific Plan 144 in 1971 by
27 Ordinance 9279 to provide rules and regulations for the orderly development of 680 acres of land
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located generally east of the Pacific Ocean, south of the north shore of Agua Hedionda Lagoon,
and north of Cannon Road and provide design and development guidelines for the expansion of
the Encina Power Station; the specific plan also allows the City to address land use issues such
2 as public access and use of the lagoon; and
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WHEREAS, in subsequent years the City Council approved four amendments to
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_ the Encina Specific Plan 144, with the most recent amendment occurring in 1996; these
5 amendments primarily added conditions of approval relating to power station use and operations;
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° WHEREAS, the several amendments and numerous conditions of approval are
9 contained in different ordinances, rather than in a single, comprehensive document containing all
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the rules and regulations of the Encina Specific Plan 144; and
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WHEREAS, in 1998, the City Council passed Resolution 98-145, declaring its
J3 intent to consider land use designation changes at the power station and perform a land use study
14 of the specific plan; and
15 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that any
applicant of a proposed project within the specific plan be required to prepare a comprehensive
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update of the specific plan; and
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WHEREAS, in 2003, the City Council passed Resolution 2003-208, allowing the
2Q Precise Development Plan and Desalination Plant project to be processed as an amendment to the
21 Encina Specific Plan 144, rather than through a comprehensive update of the specific plan; and
22 WHEREAS, Specific Plan Amendment 144(H) proposes to (1) incorporate
23 Precise Development Plan PDF 00-02 into the Encina Specific Plan and (2) amend and restate
24 the specific plan so it serves as a single, comprehensive document that contains all pertaining
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rules and regulations set forth by previously approved amendments and the contents required by26
27 Government Code Section 65450 et seq; and
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PC RESO NO. 6089 -2-
WHEREAS, Specific Plan 144(H) does not change any general plan land use or
2 zoning designations within the boundaries of the specific plan, any condition set forth by a
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previously approved specific plan amendment, nor does it propose any development other than
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_ that contemplated by the Precise Development Plan and Desalination Plant project and described
5 in Final Environmental Impact Report EIR 03-05; and
7 WHEREAS, Specific Plan requirements shall not be required of, or applied to,
o0 uses regulated by the California Public Utilities Commission (CPUC); and
9 WHEREAS, the Planning Commission did, on the 3rd day of May 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
14 relating to the Specific Plan 144(H).
15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
19 RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(H),
20 for the PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT
based on the following findings and subject to the following conditions:
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Findings;
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1. The proposed development as described by Specific Plan Amendment SP144(H) is
consistent with the provisions of the General Plan in that development contemplated by
24 the Precise Development Plan and Desalination Plant project and described in Final
Environmental Impact Report EIR 03-05 is consistent with the applicable General
25 Plan land use designations and policies. Contemplated development consists of a
desalination plant and support infrastructure, including pipelines, which complies
2" with General Plan land use designations and goals to ensure adequate public
27 facilities and economic growth to sustain Carlsbad's quality of life. Further, the
restatement of the Encina Specific Plan 144 provides all specific plan standards in a
2g single, comprehensive document, which helps facilitate the General Plan goal to
provide an orderly balance of both public and private land uses.
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2. The proposed specific plan amendment would not be detrimental to the public interest,
2 health, safety, convenience or welfare of the City in that it (1) does not propose any
changes to existing general plan land use or zoning designations, and (2) does not
3 alter any condition set forth by a previously approved specific plan amendment to
regulate the Encina Power Station, (3) authorizes only development contemplated
4 by the Precise Development Plan and Desalination Plant project, for which a Final
<- Environmental Impact Report EIR 03-05 has been prepared, and (4) provides a
single, comprehensive document that contains all pertaining rules and regulations
5 set forth by previously approved specific plan amendments and the contents
required by Government Code Section 65450 et seq.
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3. The proposed specific plan amendment is consistent with the Local Coastal
Program in that it does not change any land use designations of the Agua Hedionda
Land Use Plan, authorizes development (the Precise Development Plan and
Desalination Plant project) consistent with the Land Use Plan, and through that
10 development, provides public land use dedications that further Coastal Act policies
regarding public access and use of area features, such as Agua Hedionda Lagoon.
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4. Specific Plan 144(H) provides assurances that all necessary public facilities can be
provided concurrent with need and adequate provisions have been provided to implement
those portions of the capital improvement program applicable to the subject property in
that it incorporates by reference the applicable Local Facilities Management Plans
14 for Zones 1,3, and 13.
15 5. Appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the proposed environmental impact report for the project.16
6. Specific Plan 144(H) will contribute to the balance of land use so that local residents
may work and recreate in the community in which they live in that it incorporates the
land use designations of the General Plan.
19 Conditions:
20 l. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
22 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
23 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
24 conditions or seek damages for their violation. No vested rights are gained by Developer
_ or a successor in interest by the City's approval of this Specific Plan Amendment, other
than those described in the Development Agreement (DA 05-01).
26 2. Staff is authorized and directed to make, or require Developer to make, all corrections
27 and modifications to the Specific Plan document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
28 substantially as shown in the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
PC RESO NO. 6089 -4-
3. Prior to approval of the Specific Plan Amendment, the Developer shall apply for and
2 obtain approval of a Coastal Development Permit issued by the California Coastal
Commission or its successor in interest, that substantially conforms to this approval. A
3 signed copy of the Coastal Development Permit must be submitted to the Planning
Director. If the approval is substantially different, an amendment to the Specific Plan
144 shall be required.
4. This approval is granted subject to the certification, adoption, and approval of the
6 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting
Program, PDF 00-02, DA 05-01, RP 05-12, CDP 04-41, SUP 05-04 and HMPP 05-08
7 and is subject to all conditions contained in Planning Commission Resolutions No. 6087,
6088, 6090, 6091, 6092, 6093, and 6094 for those other approvals incorporated herein by
reference.
9 5. If any condition for construction of any public improvements or facilities, or the payment
10 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
13 6. Indemnification:
14 a. Developer shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives (collectively "Indemnified Parties"), from and against any and
all liabilities, losses, damages, demands, claims, and costs, including court costs
and attorney's fees incurred by the City arising, directly or indirectly, from
17 (i) City's approval and issuance of this Precise Development Plan, (ii) City's
approval or issuance of any permit or action, whether discretionary or
18 nondiscretionary, in connection with the Carlsbad Seawater Desalination Plant
use contemplated herein, and (iii) Developer's installation and operation of the
Carlsbad Seawater Desalination Plant, including without limitation, any and all
20 liabilities arising from the emission by the Carlsbad Seawater Desalination Plant
of electromagnetic fields or other energy waves or emissions. These obligations
21 survive until all legal proceedings have been concluded and continue even if any
City approval giving rise to an indemnification obligation is not validated.
22 b. Owner shall and does hereby agree to indemnify, protect, defend, and hold
harmless Indemnified Parties, from and against any and all liabilities, losses,
damages, demands, claims, and costs, including court costs and attorney's fees
24 incurred by the City arising, directly or indirectly, from (i) City's approval and
issuance of this Precise Development Plan, (ii) City's approval or issuance of
25 any permit or action, whether discretionary or nondiscretionary, in connection
with the use of the existing 95-acre Encina Power Station, and (iii) Owner's
installation and operation of the Encina Power Station, including without
27 limitation, any and all liabilities arising from the emission by the Encina Power
Station of electromagnetic fields or other energy waves or emissions. Owner's
28 duty to indemnify the Indemnified Parties does not include any and all liabilities,
losses, damages, demands, claims, costs, court costs, and attorney's fees arising,
directly or indirectly from the Carlsbad Seawater Desalination Plant. These
PC RESO NO. 6089 -5-
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obligations survive until all legal proceedings have been concluded and continue
2 even if any City approval giving rise to an indemnification obligation is not
validated.
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7. This approval shall become null and void if building permits are not issued for this
project within 18 months of the final discretionary approval, including the discretionary
~ approvals of the California Coastal Commission or other agencies, as may be
consistent with the Development Agreement (DA 05-01).
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8. Developer shall implement, or cause the implementation of, the EIR 03-05 Project
7 Mitigation Monitoring and Reporting Program.
Q 9. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project.
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10. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
11 the Specific Plan reflecting the conditions approved by the final decision-making body.
12 11. Developer shall include, as part of the plans submitted for any permit plan check, a
13 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals and the Mitigation
14 Monitoring and Reporting Program).
15 12. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy and a camera-ready master copy of the ENCINA
SPECIFIC PLAN - SP 144(H), in addition to the required number of bound copies
17 determined by the Planning Director.
18 13. Owner shall not challenge any aspect of the Carlsbad Seawater Desalination Plant's
Environmental Impact Report before the California Coastal Commission or in any court
19 of law for any reason or purpose.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Heineman, Montgomery, Segall, and Whitton
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTGOMERY, J^Birperson
CARLSBAD PLANNING COMMISSION
ATTEST:
M/tRCELA ESCOBAR-ECK
Planning Director
PCRESONO. 6089 -7-
EXHIBIT X
May 3, 2006
1 ORDINANCE NO..
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
o CARLSBAD, CALIFORNIA, AMENDING THE ENCINA SPECIFIC
PLAN SP 144 TO INCORPORATE PRECISE DEVELOPMENT
4 PLAN 00-02 FOR THE ENCINA POWER STATION AND
CARLSBAD SEAWATER DESALINATION PLANT LOCATED ON
5 PROPERTY NORTH OF CANNON ROAD, SOUTH OF AGUA
HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND
6 WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES
MANAGEMENT ZONES 1 AND 3.
7 CASE NAME: PRECISE DEVELOPMENT PLAN AND
DESALINATION PLANT
8 CASE NO.: SP 144(H)
9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to incorporate Precise Development Permit 00-02 for the Encina Power
Station and Carlsbad Seawater Desalination Plant into the Encina Specific Plan 144; and
12 WHEREAS, said application constitutes a request for a Specific Plan
13
Amendment as shown on Exhibit "Encina Specific Plan Amendment - SP 144(H)" attached
14
hereto and made a part hereof.
15
WHEREAS, after procedures in accordance with the requirements of law, the
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City of Carlsbad has determined that the public interest indicates that said Specific Plan
Amendment be approved.
lo
19 WHEREAS, the City Council did on the day of , hold
2Q a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all
23 factors relating to the Specific Plan Amendment; and
24 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
25 follows:
26 SECTION I: That Specific Plan Amendment SP 144(H) dated May 3, 2006, on
27 file in the Planning Department, and incorporated by reference herein, is approved. All
28 development of the property shall substantially conform to the plan unless otherwise noted in
these conditions.
1 SECTION II: That the findings and conditions of the Planning Commission in
2 Planning Commission Resolution No. 6089 shall also constitute the findings and conditions of
3 the City Council.
4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
5
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
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fifteen days after its adoption. Notwithstanding the preceding, this ordinance amendment is
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subject to a coastal development permit issued by the California Coastal Commission and shall
not be effective until it is approved by the California Coastal Commission.
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INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City
13 Council on the day of 2006, and thereafter.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
2 of the City of Carlsbad, California, on the day of 2006, by the following vote,
to wit:
4 AYES:
5
NOES:
6
ABSENT:
7
ABSTAIN:8
9 APPROVED AS TO FORM AND LEGALITY
10
11 RONALD R. BALL, City Attorney
12"
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CLAUDE A. LEWIS, Mayor
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ATTEST:
16
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, 0 LORRAINE M. WOOD, City Clerk
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EneinaSpecificPlan Amendment - SP144(H)
Mayx3, 200,6
Precise Development Plan
(To be incorporated into Specific Plan 144)
Specific Plan 144 Boundary