HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 66331 PLANNING COMMISSION RESOLUTION NO. 6633
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(J) TO
s INCORPORATE AMENDED PRECISE DEVELOPMENT
PLAN 00-02(B) FOR THE CARLSBAD SEAWATER
6 DESALINATION PLANT ON PROPERTY LOCATED NORTH
OF CANNON ROAD, SOUTH OF AGUA HEDIONDA
7 LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST
OF INTERSTATE 5 AND IN LOCAL FACILITIES
8 MANAGEMENT ZONES 1 AND 3.
9 CASE NAME: DESALINATION PROJECT CHANGES
CASE NO.: SP 144(T)
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WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a
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verified application with the City of Carlsbad regarding property owned by Cabrillo Power I
1 3 LLC, "Owner," described as
14 That portion of Lot "H" of Rancho Agua Hedionda in the City
of Carlsbad, County of San Diego, State of California,
1 -1 according to partition map thereof No. 823, filed in the Office
, x- of the County Recorder of San Diego County, November 16,
1896, as described in Certificate of Compliance recorded
17 October 30, 2001, as Document No. 2001-0789068, Parcel 4.
(Assessor's Parcel Numbers 210-010-41 and a portion of
18 210-010-43)
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Specific Plan
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amendment as shown on Exhibit 2 dated August 19, 2009, and attached hereto
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DESALINATION PROJECT CHANGES as provided by SP 144(J) and Government Code
24 Section 65450 et seq; and
25 WHEREAS, the City Council adopted the Encina Specific Plan 144 in 1971 by
2" Ordinance 9279 to provide rules and regulations for the orderly development of 680 acres of land
27 located generally east of the Pacific Ocean, south of the north shore of Agua Hedionda Lagoon,
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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 2002, the City Council, in Agenda Bill 16,790, directed that any
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, applicant of a proposed project within the specific plan be required to prepare a comprehensive
5 update of the specific plan; and
7 WHEREAS, in 2003, the City Council passed Resolution 2003-208, allowing the
Q Precise Development Plan and Desalination Plant project to be processed as an amendment to the
9 Encina Specific Plan 144, rather than through a comprehensive update of the specific plan; and
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WHEREAS, in 2006, the City Council passed Resolution NS-805, incorporating
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Precise Development Plan POP 00-02 into the Encina Specific Plan through Specific Plan
13 Amendment SP 144(H); and
14 WHEREAS, SP 144(J) incorporates Precise Development Plan POP 00-02(B),
15 into the Encina Specific Plan; and
WHEREAS, SP 144(J) does not change any general plan land use or zoning
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designations within the boundaries of the specific plan, any condition set forth by a previously
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approved specific plan amendment, nor does it propose any development other than that
20 contemplated by the Desalination Project Changes project and described in EIR 03-05(A), the
21 Addendum to Final Environmental Impact Report EIR 03-05; and
22 WHEREAS, SP 144(J) makes only minor text changes to the Encina Specific
23 Plan document, which are shown in strikethrough to indicate words to be deleted and in
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underline to indicated words to be added; and
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WHEREAS, the development contemplated by the Desalination Project Changes26
27 project and described in EIR 03-05(A): (1) complies with South Carlsbad Coastal
28 Redevelopment Area Plan goals and enhances redevelopment opportunities at the Encina Power
Station through the undergrounding and consolidating of appurtenant facilities; (2) maintains
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previously approved requirements for the dedication of lands for public use, and; (3) does not
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change any aspect of the desalination plant's intake or output capacity or operational
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characteristics, as described in EIR 03-05(A); therefore, the processing of the project as an
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- amendment to, rather than a comprehensive update of the Encina Specific Plan 144, is
5 appropriate; and
7 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
o noticed public hearing as prescribed by law to consider said request; and
9 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, examining SP 144(J), analyzing the
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information submitted by City staff, said Commission considered all factors relating to the SP
13 144(J).
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
1 -> Commission of the City of Carlsbad as follows:
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 Planning
18 Commission RECOMMENDS APPROVAL of the Specific Plan Amendment,
SP 144(H), for the DESALINATION PROJECT CHANGES based on the
following findings and subject to the following conditions:
20 Findings:
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1. The proposed development as described by Specific Plan Amendment SP 144(J) is
22 consistent with the provisions of the General Plan in that development contemplated by
the Desalination Project Changes and described in EIR 03-05(A) is consistent with
the applicable General Plan land use designations and policies. Contemplated
24 development consists of a desalination plant and support infrastructure, including
pipelines, which complies with General Plan land use designations and goals to
25 ensure adequate public facilities and economic growth to sustain Carlsbad's quality
of life.26
27 2. The proposed specific plan amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City in that it (1) does not propose any
28 changes to existing general plan land use or zoning designations, and (2) does not
alter any condition set forth by a previously approved specific plan amendment to
regulate the Encina Power Station, and (3) authorizes only development
PCRESONO. 6633 -3-
contemplated by the Desalination Project Changes project, for which EIR 03-05(A)
2 has been prepared.
3 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
4 Land Use Plan, authorizes development (the Desalination Project Changes project)
<- consistent with the Land Use Plan, and through that development, provides public
land use dedications that further Coastal Act policies regarding public access and
5 use of area features, such as Agua Hedionda Lagoon.
7 4. Specific Plan 144(J) 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
g that it incorporates by reference the applicable Local Facilities Management Plans
for Zones 1, 3, and 13.
10 5. Appropriate measures are proposed to mitigate any adverse environmental impact as
11 noted in the Final Environmental Impact Report EIR 03-05 and confirmed in EIR
03-05(A).
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6. Specific Plan 144(J) will contribute to the balance of land use so that local residents may
13 work and recreate in the community in which they live- in that it incorporates the land
, A use designations of the General Plan.
15 Conditions;
16 1. 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
, g 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
19 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
20 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 Amended and Restated Development Agreement (DA
22 05-01(A)).
23 2. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan document(s) necessary to make them internally
24 consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development different
from this approval, shall require an amendment to this approval.
26 3. Prior to approval of the Specific Plan Amendment, the Developer shall obtain a valid
27 Coastal Development Permit from the California Coastal Commission or its successor in
interest that substantially conforms to this approval. A signed copy of the Coastal
28 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.
PCRESONO. 6633 -4-
1 4. This approval is granted subject to the approval of EIR 03-05(A), DA 05-01(A), PDF
2 00-02(8), RP 05-12(A), HMPP 05-08(A), and approved permit CDP 04-41 and is
subject to all conditions contained in Planning Commission Resolutions No. 6631, 6632,
3 6634, 6635, 6636, and 6092 for those other approvals incorporated herein by reference.
5. If any condition for construction of any public improvements or facilities, or the payment
- of any fees in-Iieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
5 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
7 with all requirements of law.
o 6. Indemnification:
9 a. Developer shall and does hereby agree to indemnify, protect, defend, and hold
10 harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives (collectively "Indemnified Parties"), from and against any and
11 all liabilities, losses, damages, demands, claims, and costs, including court costs
and attorney's fees incurred by the City arising, directly or indirectly, from
(i) City's approval and issuance of this Specific Plan Amendment, (ii) City's
,-, approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the Carlsbad Seawater Desalination Plant
14 use contemplated herein, and (iii) Developer's installation and operation of the
Carlsbad Seawater Desalination Plant, including without limitation, any and all
15 liabilities arising from the emission by the Carlsbad Seawater Desalination Plant
of electromagnetic fields or other energy waves or emissions. These obligations
survive until all legal proceedings have been concluded and continue even if any
City approval giving rise to an indemnification obligation is not validated.
18 b. Owner shall and does hereby agree to indemnify, protect, defend, and hold
harmless Indemnified Parties, from and against any and all liabilities, losses,
19 damages, demands, claims, and costs, including court costs and attorney's fees
incurred by the City arising, directly or indirectly, from (i) City's approval and
issuance of this Specific Plan Amendment, (ii) City's approval or issuance of
21 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
22 installation and operation of the Encina Power Station, including without
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
24 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,
25 directly or indirectly from the Carlsbad Seawater Desalination Plant. These
obligations survive until all legal proceedings have been concluded and continue
26 even if any City approval giving rise to an indemnification obligation is not
validated.
28 7. The approval shall become null and void if the project does not become operational
within 10 years of the final discretionary approval, including the discretionary
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approvals of the California Coastal Commission or other agencies, as may be
2 consistent with the Amended and Restated Development Agreement (DA 05-01(A)).
3 8. Developer shall implement, or cause the implementation of, the Precise Development
Plan and Desalination Plant Mitigation Monitoring and Reporting Program adopted by
4 City Council Resolution 2006-156.
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
the Specific Plan reflecting the conditions approved by the final decision-making body.
9 11. Developer shall include, as part of the plans submitted for any permit plan check, a
10 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
Monitoring and Reporting Program).
12. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital, editable copy and a camera-ready master copy of the
ENCINA SPECIFIC PLAN - SP 144(J), in addition to the' required number of bound
14 copies determined by the Planning Director.
15 13. Owner shall not challenge any aspect of the EIR 03-05(A) before the California Coastal
Commission or in any court of law for any reason or purpose.
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17 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."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
21 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
22 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
25 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
27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6633 -7-
EXHIBIT 2
August 19, 2009
1 ORDINANCE NO.
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING THE ENCINA
SPECIFIC PLAN SP 144 TO INCORPORATE
4 PRECISE DEVELOPMENT PLAN 00-02(B) AS
AMENDED BY CITY COUNCIL ORDINANCE NO. [ ]
5 FOR THE ENCINA POWER STATION AND
6 CARLSBAD SEAWATER DESALINATION PLANT
LOCATED ON PROPERTY NORTH OF CANNON
7 ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
EAST OF CARLSBAD BOULEVARD AND WEST OF
8 INTERSTATE 5 AND IN LOCAL FACILITIES
MANAGEMENT ZONES 1 AND 3.
9 CASE NAME: DESALINATION PROJECT CHANGES
CASE NO.: SP 144(J)
10
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request from Poseidon Resources (Channelside) LLC to incorporate Precise
Development Plan 00-02(B) as amended by City Council Ordinance No. [ ] for the Encina Power
14 Station and Carlsbad Seawater Desalination Plant into Encina Specific Plan 144; and
15 WHEREAS, said application constitutes a request for a Specific Plan
16 Amendment as shown on Exhibit "Encina Specific Plan Amendment — SP 144(J)" attached
17 hereto and made a part hereof and in the document "Draft City of Carlsbad Specific Plan 144
18 Amended and Restated with Amendment SP 144J" on file in the Planning Department and also
19 and made a part hereof; and
20 WHEREAS, the amendment is proposed to approve changes to the Carlsbad
91/-1 Seawater Desalination Plant; and
22 WHEREAS, changes proposed to SP 144 revise document text with changes
23 shown in strikeout for words to be deleted and underline for words to be added; and
24 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 Precise Development
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Plan be approved; and
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WHEREAS, the City Council did on the day of
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2009, hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Council considered all factors
2 relating to Encina Specific Plan Amendment — SP 144(J).
3 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
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ordain as follows:
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SECTION I: That Specific Plan Amendment SP 144(J) dated August 19, 2009,
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on file in the Planning Department, and incorporated by reference herein, is approved. All
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development of the property shall substantially conform to the plan unless otherwise noted in
these conditions.
SECTION II: That the findings and conditions of the Planning Commission in
, Planning Commission Resolution No. 6633 shall also constitute the findings and conditions of
12 the City Council.
13 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
14 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
15 published at least once in a publication of general circulation in the City of Carlsbad within
16 fifteen days after its adoption.
17 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
1 81 ° Council on the _ day of _ 2009, and thereafter.
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III
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2009, by the following vote, to wit:
AYES:
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NOES:
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ABSENT:
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ABSTAIN:
7"
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APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
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14 CLAUDE A. LEWIS, Mayor
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ATTEST:
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18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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