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HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 6635PLANNING COMMISSION RESOLUTION NO. 6635 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO REDEVELOPMENT PERMIT RP 05-12 FOR THE CARLSBAD SEAWATER DESALINATION PLANT AND ONSITE AI'PURTENANT FACILITIES, WI-IICH WOULD BE LOCATED AT THE ENCENA POWER STATION (EPS), AND FOR PRODUCT WATER CONVEYANCE PIPELINES LOCATED OFFSITE OF THE EPS BUT WITHIN THE BOUNDARIES OF THE SOUTI-I CARLSBAD COASTAL REDEVELOPMENT AREA (SCCRA). THE AMENDMENT WOULD RECONFIGURE TI-IE APPROVED DESALINATION I'LANT SITE AND MAKE OTHER PLANT AND APPURTENANT FACILITY CHANGES ON TI-IE EPS PROPERTY LOCATED AT 4600 CARLSBAD BOULEVARD AND WOULD SLIGHTLY MODIFY THE PRODUCT WATER DELIVERY PIPELINE ALIGNMENT BETWEEN THE EPS AND CANNON ROAD. AFFECTED PROPERTIES INCLUDING THE ENCINA POWER STATION ARE GENERALLY LOCATED NORTH OF CANNON ROAD AND EAST AND WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SCCRA AND LOCAL FACILITIES MANAGEMENT ZONES 1,3, AND 13. CASE NAME: DESALINATION PROJECT CI-IANGES CASE NO.: RP 05-12(A> WI-IEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a verified application with the City of Carlsbad Redevelopment Agency (RDA) regarding property leased by the Developer for the Carlsbad Seawater Desalination Plant and property owned by various owners, collectively "Owners," described as: That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad, County of Sun Diego, State of California, according to Partition Map thereof No. 823, filed in the Offiec of the County Recorder of San Diego County, November 16, 1896, as described in Certificate Of Compliance recorded October 30, 2001, as Document No. 2001-0789068, Parcel 4, more particularly described as follows: Commencing at the most southerly corner of said Parcel 4, also being a point on the westerly line of tlte 100.00 foot wide right- of-way of the Atehison Topeka and Santa Fe railroad, also being the most southeasterly corner of Parcel 4 as shown on record of survey no, 17350; thence along said westerly line, nortll 22°30'13" west, 1319.08 feet; tltenee leaving said westerly line at right angles, south 67°29'47" west, 58.72 feet to tLe true point of beginning; thence south 67O31' 21" west, 229,72 feet; thence north 40°03' 53" west, 199.13 feet; thence south 6G028' 49" west, 45.93 feet; thcnce north 22O28' 46" west, 587. 13 feet; thence north 67°31'E4" east, 338.82 feet; thence south 22°37'35f' east, 536.65 feet; thence south 20*08'20" east, 115.20 feet; thcnce south 22O37' 35" east, 124.38 feet to the true point of beginning; RP 05-12(A) also affects properties identified by Assessor's Parcel Numbers 210-010-10,210-010-41,210-010-42, a portion of 210-010-43, and 210-011-05 ("the Property"); and WI-IEREAS, said verified application constitutes a request for an amendment to a Redevelopment Permit as shown and described in the "Eneina Power Station Precise Dcvciopment Plan PDP-02(B)" document and on Exhibits "A" - "l','' both dated August 19, 2009, on file in the Planning Department DESALINATION PROJECT CHANGES - RP 05- 12(A) as provided and required by Sections 600 and 608 of the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and WI-IEREAS, RP 05-12(A) applies to the Carlsbad Seawater Desalination Plant and all appurtenant facilities located onsite and offsite of the EPS and within the boundaries of the SCCRA Plan; and WHEREAS, Developer has applied to the City for minor and immaterial ~nodifications to tlte Carlsbad Seawater Desalination Plant site plan and design plan to consolidate and better utilize the site and a minor adjustment to the product water delivery pipeline alignment from the EPS to Cannon Road; and WHEREAS, Section 600 of the Redevelopment Plan slates a desalination plant, including its appurtenant facilities, may be permitted in the SCCRA only if the Mousing and Redevelopment Commission approves a finding that: 1) the desalination plant serves an extraordinary public purpose; 2) a precise development plan which sets forth standards for . . . PC ESO NO. 6635 development of the desalination plant is first approved by the I-lousing and Redevelopment Commission; and 3) the Commission has issued a Redevelopment Permit for the Project; and WHEREAS, processed concurrently with RP 05-12(A) is proposed Precise Development Plan PDP 00-02(B), which establishes the development standards for the desalination plant and reflects said modifications; and EIR 03-05(A), an addendum to Final Environmental Impact Report EIR 03-05, which provides location and other information on appurtenant facilities located offsite of the Encina Power Station and within the boundaries of the SCCRA Plan; and WI-IEREAS, the Planning Commissio~l is the review body for recommending and processing land use permits proposed in the SCCRA; and WHEREAS, on May 3, 2006, the Planning Commission considered RP 05-12, the initial Redevelopment Permit issued for the Carlsbad Seawater Desalination Plant and appurtenant facilities and for which an amendment is now sought, and found the desalination plant serves an extraordinary public purpose to the City of Carlsbad, the RDA, and the citizens of Carlsbad for several reasons, including that the project would supply a secure, reliable, and redundant water supply, and woi~ld provide economic benefits and dedications of land for public purposes; and WHEREAS, the Planning Commission did on August 19, 2009 11old a duly noticed public hearing as prescribed by law to consider RP 05-12(A); and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, examining RP 05-12(A), analyzing the information submitted by City staff, and considering any written and oral comments received, the Planning Commission considered all factors relating to RP 05-12(A); and . . . . . . PC RESO NO. 6635 WI-IEREAS, in its deliberations, the Planning Commission considered whether the modifications proposed to the desalination plant and appurtenant facilities through RP 05- 12(A) serve an extraordinary public purpose. NOW, TI-IEREFORE, BE IT I-IEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DESALINATION PROJECT CHANGES - RP 05-12(A), based on the following findings and subject to the following conditions: Findinzs: 1. The City of Carlsbad Planning Commission hereby finds the DESALINATION PROJECT CHANGES - RP 05-12(A) serves an extraordinary public purpose to the City of Carlsbad, the RDA, and the citizens of Carlsbad as demonstrated by the following benefits: a. Security of Water Supply: The need for a diverse water portfolio was illustrated by the early 1990's drought, when the San Diego County Water Authority (CWA) reduced water supplies to its member agencies, including Carlsbad, by 30% and was considering 50% reductions. According to the CWA Regional Water Facilities Master Plan (RWFMP), the CWA currently imports neariy 600,000 acre feet per year (AFY) from the Metropolitan Water District (MWD), but is only legally entitled to approximately 300,000 AFY. This makes the region's imported water supply frighly vulnerable to vvater shortages and supply disruptions. The Colorado River is a major source of water supply for California, Nevada, and Arizona. California has traditionally used more than its allocated 4.4 million acre feet (MAF) per year because Arizona and Nevada did not use their full allocations. Arizona and Nevada's increasing water needs have led to demands that California reduce its usage to its 4.4 MAF allocation. Potential threats to future deliveries of water from the Saeritmento-San Joaquin Bay Delta, such as a severe decline in fish populations, levee instability, and a series of adverse court rulings, have also lead to reductions in the amount of water that can be delivered from Northern to Southern California tllrough the State Water Project. Tlie project will allow the City of Carlsbad Municipal Water District (CMWD) to purchase up to 100% of its potable water supply needs from the desalination plant, thus providing a secure focal water supply that is not subject to the variations of drought or political and legal constraints on water supplies (Appendix B to Final Environmental Impitct Report EIR 03-05, Sections 1.2 and 10.1). b. Redundant Water Supply: The project will provide water supply redundancy for the City, strengthening security and reliability of water supply for residents PC RESO NO. 6635 -4- and businesses. The CMWD will maintain its membersl~ip in and right to purchase water at the CWA, ~vhile receiving up to 100% of its potable water supply needs from the Project, thereby creating a redundant supply of water available in the event of catastrophe or unforeseen circumstances (Appendix B to Final ER 03-05, Section 13). The Project will add approximately 21,000 AFY dedicated to CMWD, thus replacing its current supply and increasing the reliability of CMWD's watcr supply. c. Reliable Water Supply: The desalination plant will provide a reliable watcr supply for 30 years with two possible 30-year extensions (Appendix B to Final DR 03-05, Section 2.). The City is protected from shortfalls in delivery under the terms of the Watcr Purchase Agreement (Appendix B to Final ER 03-05, Sections 9 and 14). d. High Quality Drinking Water: The project will provide high quality drinking water that will compare favorably with the water supply that can be purchased from the CWA. The project will deliver a drinking water supply to the City that meets a11 State and Federal health standards, as well as provide a reduction in the total dissolved solids (TDS) compared to imported water from the Colorado River and Sacramento-San Joaquin Delta provided by the CWA. The desalinated water TDS will be monitored on a weekly basis md shall not exceed 350 mgk in more than half the samples taken. Additiou:illy, 90% of the samples shall be less than 400 mgL. The City is not obligated to accept or pay for water that does not meet the quality standards (Appendix B to Final EIR 03-05, Section 8 and Schedule 8.2.). Imported water has a TDS of 466-574 mglL (Metropolitan Water District 2005 Water Quality Report for the Skinner Filtration Plant). e. Economic Benefits: The project will achieve the SCCRA Plan goal to strengthen the economic base of the Project Area and the community. The project will provide the City with desalinated water at a predictable and reasonable price through the long-term Water Purchase Agreement, which sets agreed-upon water rates (Appendix B to Final EIR 03-05). The desalination plant wilt generate up to $2.4 million per year in increased property tax revenue. Because the project site is located within the South Carlsbad Redevelopment Project, an estimated $2.0 million per year of the tax revenue will be allocated directly to the RDA (Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement). The project will also generate up to $2.9 million per year in increased business tax revenue. f. Positive Economic Impact on Ability to Attract and Retain Business: The desalination plant will create a drought-resistant, reliable water supply for the City of Carlsbad that will provide the stability necessary to attract and retain high-tech and biotechnology businesses which are dependent on a retiable water supply for their research and manufacturing processes. Thcse businesses provide high skill, high wagc jobs in the City of Carlsbad that enhance the overall economy of the community. The project will provide an extraordinary benefit to the residents and businesses of the City by generating approximately $2.4 million per year in property tax revenue, 85% of which will remain in the City to support schools, municipal PC RESO NO. 6635 -5- services, and the RDA (Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement). Among other things, this revenue can be used to support the proposed public improvements identified in Exhibit C of the Redevelopment Plan. Additionally, the project will generate substantial tax revenues that will go to the general funds of Carlsbad and other Sin Diego County cities to support police, fire, health, welfare, and transportation. Good public services help to attract high quality businesses. g. Acquisition of Land for Public Purpose: The project will advance the goals of the SCCRA Plan and the California Coastal Act to develop new heaeh and coastal recreational opportunities. The project is consistent with and includes elements specifieatly intended to advance the goals of the State of California and the City related to the protection, maintenance, and enhancement of the overall quality of the coastal zone environment, while maximizing public recreational opportunities along the coast. The project will achieve the SCCRA Plan goals to enhance commercial and recreational functions and increase parking and open space amenities in the project area. Through the Precise Development Plan for this project, Cabrilio Power, the Eneina Power Station olvner, has offered several acres of dedications to the City for the public's benefit and for marine research. Each dedication, in the form of an easement, title transfer, or deed restriction, ~~ould further Coastal Act goals of maximizing public access and rcereittional opportunities along the coast. The dedications are described below: Fishing Beach - An easement for this site, along the shore of Agua Hedionda Lagoon and next to Carlsbad Boulevard, would be dedicated for public recreational and coastal access use, including public parking. Bluff Area - The Bluff Area, located on the west side of Carlsbad Boulevard and opposite the Power Station, is proposed to be dedicated in fee title to the City for recreational and coastal access uses. Hubbs Site - The Hubhs Site, along the lagoon north shore, consists of the land between the existing Hubbs Sea World Research Institute and the railroad tracks. The site is proposed to be deed restricted to uses such as a fish hatchery, aquatic research, and trails. South Power Plant Public Parking Area - An easement for this site, along the east side of Carlsbad Boulevard and near the south entrance to the power plant, would be dedicated for public parking. Further, a condition of approval of the Precise Development Plan also enhances the public recreation through the dedication of an easement for the Coastal Rail Trail. h. Restore and Enhance the Marine Environment: As a wholesale water supplier regulated by the California Department of Health Services, Poseidon Resources will be subject to the provisions of the federal Safe Drinking Water Act that require restoration, protection, and enhancement of watersheds upstreitm of a source of drinking water supply. As a result, Poseidon has been and will likely remain actively involved in activities aimed at protecting, restoring, and enhancing the health and vitality of Agua Hedionda Lagoon, the surrounding PC RESO NO. 6635 -6- 30-square+mile watershed upstream of the Lagoon, and the near shore environment. Through board participation, financial contributions, and activity involvement, Poseidon currently supports nonprofit organizations that protect the lagoon habitat, including the Agua Hcdionda Lagoon Foundation and Hubbs Sea World Research Institute. Additionally, the project proposes to deed restrict approximately 2 acres of vacant land located on the north side of the lagoon between the Hubbs Sea World Research Institute and nearby railroad tracks for uses such as marine research and expansion of the Hubbs facility. i. Regional Leadership Role: Creation of a 50 million gallon per day (mgd) desalination facility will enhance the position of the City of Carlsbad as a Statewide and Regional leader in water supply by creating a new supply called for in the State Department of Water Resources 2005 California Water Plan and the CWA's Urban Water Management Plan. 2. That the proposed changes to the desalination project can be approved because the underlying Public Utilities (P-U) zoning district requires the approval of an official Precise Development Plan prior to the approval of building permits for allowed uses, and PDP 00-02(B), processed and approved concurrently with RP 05-12(A), serves as the code-mandated regulatory document for the subject property. Furtliermore, granting of a precise development plan, along with approval of a redevelopment permit and finding of extraordinary public purpose are requirements to approve a desatination plant and its appurtenant facilities in the South Carlsbad Coastal Redevelopment Area. 3. As demonstrated in Finding 1 above, the project complies with several SCCM Plan goals, which are listed in Section IV (400) of the Plan. Furthermore, the project also complies with these other applicable Plan goals: a. Locating the Carlsbnd Seawater Desalination Plant in a location that creates the least amount of constraints on any future conversion of the Eneina Power Station facilitates the redevelopment of the Eneina power generating facility to a smaller, more efficient power generating plant. Furthermore, the consolidation of appurtenant facilities onto the desalination plant site as well as undergrounding and relocating of the pipelines and intalte pump station enhances redevelopment opportunities at the EPS. b. Implement performance criteria to ensure quality site design and environmental standards to provide unity and integrity to the entire Redevelopment Plan area. The dcsatination plant exhibits a quality design that is sensitive to its environment and non-utility surroundings. As a regulatory document, the Precise Development Plan establishes development standards and review procedures for the Eneina Power Station and the desalination plant. Further, the project has been revievved concurrently with the processing and certification of the Addendum to Environmental Impact Report EIR 03-05, compliant with the provisions of the California Environmental Quality Act. 4. The project is consistent with the General Plan in that it implements goals stated in the Vision section of the General Plan. The project will provide a high-quality, reliable water supply to the residents of Carisbad, thereby fulfilling the General Plan vision statement, "A City which provides adequate public ' PC RESO NO. 6635 -7- facilitics to preserve the quality of life of its residcnts."" Additionally, a reliable drinking water supply is a major issue for all Southern California jurisdictions, and by providing up to one hundred percent of Carlsbad's drinking water, the project helps to fulfill another General Plan vision statement, "A City which recognizes its role as a participant in the solution of regional issues." Further, the project also helps to fulfill the vision goal of "A City committed to economic growth of progressive commercial and industrial businesses to serve the employment, shopping, recreation, and service needs of its residents." The project will create new jobs and new economic activity in Carlsbad and provide a reliable water supply that businesses can count on for sustainable economic activity. 5. The project is also consistent with the General Plan in that it implements goals of the Land Use Element. The project is consistent with the Public Utility (U) land use designation of the Eneina Power Station and product water conveyance pipelines arc permitted in any land use designation. Further, the modern officelindustrial building appearance and appropriate screening of equipment and ellemical storage arcas complies with the sensitive design objective of Overall Land Use Pattern Policy C.6, which states, "Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood." 6. The project is consistent with the Encina Specific Plan 144 in that: a. It eomplies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, exterior lighting, and rooftop mechanical equipment. b. Since the project proposes no changes to the operation of the Eneina Power Station and only limited changes to its facilities (e.g., removal of a fuel oil storage tank, seawater discharge channel connections, rerouting and removal, as appropriate, of existing support infrastructure, such as piping, and potential demolition of the administration building), the project does not conflict with Specific Plan standards and requirements regarding power station operations. c. The proposed amended and restated Eneina Specific Plan, SP 144(J), incorporates the land use designations of the City of Carlsbad General Plan, with which the project is consistent. Additionally, SP 144(J) would incorporate by refcrencc PDP 00-02(B). 7. The project is in conformance with the Agua Wedionda Land Use Plan and all applicable policies in that the project has been reviewed for consistency with rclcvant coastal policies including land use, habitat protection, grading and drainage, storm water management, recreation, slroreline access, and visual resources. In particular, the project complies with the Land Use Plan building height limitation of 35 feet. Furthermore, the project has received approval of a coastal development permit from the California Coastal Commission. 8. The project is consistent with the City's adopted Scenic Corridor Guidelines, which apply to Carlsbad Boulevard and the North County Transit District railroad corridor, in that it features a quality building design and appropriate visual screening. PC RESO NO. 6635 -8- 9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 1, 3 and 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; Sire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically: a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. All necessary public improvements have been provided or are required as conditions of approval. c. Other than its obligation to provide funding for school facilities, the project does not generate any facility plan improvement requirements or funding. 10. As conditioned, the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). I I. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2004 (HMP), and USFWS Incidental Take Permit No. TE022606-0, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. The Carisbad City Council's approval of and issuance of the I-IMP Permit for the project satisfies the project's permitting requirements under the Endangered Species Act and no further approvals from the USFWS are required. .Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In- Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 12. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the Project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the Project. Conditions: Note: a) All conditions of approval apply only to the desstlination plant and appurtenant facilities and not to existing facilities of the Encina Power Station. b) Unless othenvise specified herein, all conditions shall be satisfied prior to issuance of grading or building permits for the desalination plant, whichever occurs first. PC RESO NO. 6635 -9- General 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 RDA shall have the right to 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 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 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the RDA's approval of this Redevelopment Permit, other than those described in the Amended and Restated Development Agreement (DA 05-Ol(A). 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Redevelopment Permit RP 05-12(A) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 3. As a condition to approval of the Redevelopment Permit, the Developer shall obtain a valid 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 Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Redevelopment Permit 05-12(A) shall be required. 4. Developer sholl implement, or cause the implementation of the Precise Development Plan and Desalination Plant Mitigation Monitoring and Reporting Program adopted by City Council Resolution 2006-156. 5. This approval is granted subject to the approval of EIR 03-05(A), SP 144(J), DA 05- 01(A), PDP 00-02(B), HMPP 05-08(A), and approved permit CDP 04-41 and is subject to ail conditions contained in Planning Commission Resolutions No. 6631, 6632, 6633,6634,6636, and 6092 for those other approvals incorporated herein by reference. 6. Owner shall not challenge any aspect of EIR 03-UJ(A) before the California Coastal Commission or in any court of law for any reason or purpose. 7. The Eneina Power Station has a once-through seawater cooling system. The seawater intake is located in Agua Hedionda Lagoon and the outfall is i: channel to the ocean located south of the mouth of Agua Hedionda Lagoon. The Desalination Plant is planned to operate in conjunction with the EPS by using the EPS cooling water discharge as its source water and by discharging the brine that is the by-product of the desalination process back into the EPS discharge, which in turn is released from the EPS outfall. In the event that the EPS were to permanently cease operations, and the Developer were to independently operate the existing EPS seawater intake and outfall for the benefit of the project, such independent operation will require CEQA compliance and permits to operate as required by 1 PC RESO NO. 6635 -10- I then-applicable rules and regutations of the City and other relevant agencies. The Developer wilt not independently operate the EPS intake andlor outfall unless and until CEQA compliance is completed and any required permits have been issued. If any condition for construction of any public improvements or facilities, or the payment 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the RDA, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the RDA arising, directly or indirectly, from (a) the RDA's approval and issuance of this Redevelopment Permit RI' 05-12(B), (b) the RDA's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) DeveloperiOperator's installation and operation of the facility permitted hereby, including without limitation any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the RDA's approval is not validated. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. Building permits will not be issued for this project unless the local agency providing sewer services to the project provides written certification to the City that adequate sewer facilities are available to the project at the time of the application for the building permit, and that sewer capacity and facilities will continue to be available until the time of occupancy. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #I 7, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zones 1, 3 and 13, pursuant to Chapter 21.90. All sucll taxesifecs shall be paid at issuance of building permit. If the taxesifees are not paid, this approval will not be consistent with the General Plan and shall become void. This project shall comply with all conditions and mitigation measures which are required as part of the Zones 1,3 and 13 Local Facilities Management Plans and any amendments made to those Plans prior to the issuance of building permits. Should amendments occur to the LFMPs, the applicant shall comply subject to the limitations of the Amended and Restated Development Agreement (DA 05-01(A)). 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 approvals of the California Coastal Commission or other agencies, as may be consistent with the Amended and Restated Development Agreement (DA 05-01(A)). As a condition of this approval, Developer must comply with the applicable requirements of all regulatory agencies having jurisdiction over the project. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-Lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is Curther aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor(s) in interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a Precise Grading Permit or building permit, whichever occurs first. If the In-Lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. Developer shali submit to the Housing and Redevelopment Director and the Planning Director a reproducible 24" x 36" mylar copy of the Redevelopment Permit reflecting - the conditions approved by the final dkcision:&aking body. Developer sllall include, as part of the plans submitted for any permit plan check, a 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). The desalination plant site shall be landscaped according to tile following requirements: a. Prior to the issuance of precise grading or building permits, Developer shall submit and obtain Planning Director approval of Final Landscape and Irrigation Plans showing conformance with the conditions herein and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans and according to the conditions of approval, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC ESO NO. 6635 -12- b. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's Precise Grading Plans. c. Proposed planter areas along the west and south perimeters of the desalination plant site as shown on approved plans shall be landscaped with, at a minimum, trees, shrubs, and groundcover consistent with the Landscape Manual. Furthermore, the retaining wall along the west perimeter shall he enhanced with vines. d. As part of the review of the Final Landscape and Irrigation Plans, the need for screening of the loading, trash, equipment and service areas of desalination plant site, as viewed from vantage points within the Encina Power Station, shall he evaluated. If the Planning Director determines screening of these areas is necessary, Developer shall revise plans for the perimeter planters as needed. Furthermore, the Planning Director also reserves the right to determine the need for said screening during final inspection of the desalination plant site. The purpose of this condition is not to mitigate a significant visuttl impact as identified in EIR 03-05; rather, it is to reasonably screen those specified areas from future public uses that may locate on the Encina Power Station (EPS) property if it redevelops. Considering the current use of the EPS, it is the screening capability of plants, rather than their size at time of planting that is important. 1. Prior to final inspection, Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 2 1.105. Prior to the issuance of precise grading or building permits, the Planning Director shall approve location of said receptacles. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 2la. Rooftop parapet walls shown on existing Exhibit E-1 over the administration portion of the administrationIR0 building may be extended to the RO portion of the building with the intent to accommodate the installation of solar-energy panels on the rooftop. Prior to the issuance of precise grading or building permits, the Planning Director shall review and approve parapet wall height, material, and location details to ensure architectural design integrity is maintained while concurrently accommodating optimum solar panel configuration. 22. Developer shall report, in writing, to the Housing and Redevelopnlent Director and the Planning Director within 30 days, any address change from that which is shown on the permit application. 3. Prior to the issuance of precise grading or building permits, whichever occurs first, Developer shall submit to the RDA a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director nnd the Planning Director, notifying all interested parties and successors in interest that the RDA of Carlsbad has issued a Redevelopment Permit, as amended by PC RESO NO. 6635 -13- RP 05-12(A), Resolution No. 6635, on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24. Prior to llauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 25. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, grading permits for this project are required for the rough and precise grading. Developer shall prepare and submit plans and technical studieslreports, for City Engineer review, and shall pay all applicable grading plan review fees for the rough and precise grading per the City's latest fee schedule. 26. Developer shall apply for and obtain grading permits from the City Engineer for the rough and precise grading. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 27, Prior to construction of water conveyance pipelines, Developer shall obtitin all necessary permits and clearances as required by the Carlsbad Municipal Code. 28. Prior to the issuance of any precise grading or building permits, Developer shall execute and record a City standard Development Improvenlent Agreement to install and secure with appropriate security as provided by law, a bridge rail to Caltrans standards on the easterly side of Carlsbad Boulevard over the cooling water discharge culvert to the satisfaction of the City Engineer and the Planning Director. If determined appropriate by the Planning Director and the City Engineer, the bridge rail shall be incorporated into the design of the decorative screen wall or fencing along the Eneina Power Station's Carlsbad Boulevard frontage as required by and conditioned in Planning Commission Resolution No. 6088 for Preeise Development Plan PDP 00-02. 29. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt ri~noff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and otl~er management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 30. Prior to the issuance of precise grading permit Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order PC RESO NO. 6635 -14- R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code ail to the satisfaction of the City Engineer. 31. Developer shall process, execute and submit an executed copy to the City Engineer, to record against the leasehold, a Permanent Storm water Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a precise grading permit or building permit. 32. Pursuant to the PDP 00-02(B) exhibits and site plan, Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function ofthe site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development llandbook (Storm water Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 33. Prior to tlie issuance of a rough or precise grading permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with cunent requirements and provisions established by tlie San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 34. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information sub,jeet to the review and approval of the City Engineer. 35. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 36. Prior to the issuance of precise grading permits or building permits, Developer shall submit a sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow and velocity in pipe, and the ezipacity of the existing 6" sewer tine serving this project. The study shall identify whethcr any sewer improvements are required to the existing 6" sewer line serving this project. Said study shall be submitted concurrently with the precise grading PC RESO NO. 6635 -15- plans for the project and the study shall be prepared to the satisfaction of the City Engineer. 37. Prior to the issuance of precise grading permit, Developer shall, based on findings from the approved sewer study, construct the necessary improvements to the existing 6" sewer line all to the satisfaction of the City Engineer. 38. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine the specific fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the Project. 39. The Developer sliall design and install sewer laterals and clean-outs to the satisfaction of and at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on improvement plans. Fire: - 40. The Developer shall design and install a new water main to provide potable water and fire service. The locations of the water main shall be reflected on improvement plans. 41. Fire hydrants shall be provided every 300 feet along fire access roads. 42. I-lazardous Materials Fill Procedures shall be required at building plan check submittal. 43. Fire Department turning radius of 21 feet (inside) and 42 feet (outside) shall be provided and shown on plans. 44. All desalination plant habitable structurcs shall be fire-sprinklered per the California Fire Code. 45. The Developer shall provide a Knox key entry system on all desalination plant buildings as approved by the Fire Marshal. Code Reminders: 46. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 47. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein and except as othenvise provided in the Amended and Restated Development Agreement DA 05- 01(A). 48. The Project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RESO NO. 6635 -16- 50. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and si?all require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereaAer collectively referred to for convenience as "feeslexactions." You have 90 days from date of final approval to protest imposition of these feeslexactions. 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 feeslexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or senrice fees in connection with this project; NOR DOES IT APPLY to any feeslexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previo~isly otherwise expired. . . . . . . PC RESO NO. 6635 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the August 19, 2009, by the following vote, to wit: AYES: Commissioners Baker, Dominguez, L'Hetireux, Nygaard, Schumacher, and Vice Chairperson Douglas NOES: ABSENT: Chairperson Montgomery ABSTAIN: FARRAH DOUGLAS, Vice Chairperson CARLSBAD PLANNING COMMISSION Planning Director PC RESO NO. 6635