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