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Home My WebLink About2011-10-05; Planning Commission; Resolution 68171 PLANNING COMMISSION RESOLUTION NO. 6817 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDED PRECISE DEVELOPMENT 4 PLAN 00-02 WITH AMENDMENT 00-02(C) TO 5 INCORPORATE THE PROPOSED SEWER LIFT STATION AND ASSOCIATED PIPING (SLS) AT THE EXISTING 95- 6 ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD BOULEVARD IN LOCAL FACILITIES 7 MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA 8 HEDIONDA LAGOON, EAST OF THE PACIFIC OCEAN, AND 9 WEST OF INTERSTATE 5. THE PRECISE DEVELOPMENT PLAN SERVES AS (1) A LAND USE APPLICATION FOR THE 10 SLS AND (2) A DOCUMENT TO ESTABLISH EXISTING LAND USES AT THE EPS AND DEVELOPMENT AND LAND 1! USE STANDARDS FOR THE EPS. 12 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 13 REPLACEMENT CASE NO.: POP 00-Q2(O 14 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified 15 application with the City of Carlsbad regarding property described as 17 A portion of property identified by Assessor's Parcel Number 210-010-4118 19 ("the Property"); and 20 WHEREAS, the Precise Development Plan serves as a land use application for the 21 SLS and associated piping, which is proposed at the EPS; and 22 WHEREAS, the purpose of the Precise Development Plan is to also document 23 existing land uses at the EPS, a facility that began operation in 1954, and provides land use and 24 development standards for existing and potential future uses at the EPS as well as the proposed >2(. SLS; and 27 WHEREAS, said application constitutes a request for an amended Precise 28 Development Plan as amended by PDF 00-02(C) and as set forth and attached in the draft City Council Ordinance, "Exhibit 1- PDF 00-02(C)" dated October 5, 2011, Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement - PDF 00-02(C) and as 2 provided by Chapters 21.36 and 21.52 of the Carlsbad Municipal Code; and 3 WHEREAS, PDF 00-02(C) makes only minor changes to text and graphics of the4 c Precise Development Plan document, and the text changes are shown in strikethrough to indicate 6 words to be deleted and in underline to indicate words to be added; and 7 WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity o Sewer Replacement project does not involve any modification to existing EPS facilities with the 9 exception of demolishing an existing sewer lift station and concrete overflow basin; and 10 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 12 conducted a public hearing and recommended approval of the project and 13 recommendation of adoption of the MND/MMRP; and 14 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City Council and Housing and Redevelopment Commission conducted a public hearing and 16 received testimony on said project; and 17 WHEREAS, at the request of the Planning Director, the City Council and18 I g Housing and Redevelopment Commission continued the public hearing to a date certain, in 20 order for staff to fully respond to written and oral testimony received concerning the -' project and the environmental analysis; and 22 WHEREAS, the City Council and Housing and Redevelopment Commission 23 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 24 consider staffs response to previous testimony, and to receive and consider additional ^—J 26 testimony; and 27 WHEREAS, the City Council and Housing and Redevelopment Commission 2% remanded the project to the Planning Director to conduct further analysis of the PCRESONO. 6817 -2- MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 2 schedule the application and revised MND/MMRP for a new hearing by the Planning 3 Commission for a recommendation to the City Council and Housing and Redevelopment4 c Commission; and 6 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly 7 noticed public hearing as prescribed by law to consider said request; and o WHEREAS, at said public hearing, upon hearing and considering all testimony 9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the Precise Development Plan. 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission of the City of Carlsbad as follows: 14 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 16 RECOMMENDS APPROVAL of the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - 17 POP 00-02(C), based on the following findings and subject to the following conditions:18 19 Findings: 20 1. The Precise Development Plan PDF 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, Section 21.36.010 (1) of the Carlsbad Municipal Code, to provide a Precise Development Plan that is compatible with the General Plan and __ surrounding developments, in that (1) existing and permitted land uses of the proposed Precise Development Plan are consistent with and/or implement the 23 objectives of the Public Utilities (U) General Plan designation; (2) the Precise Development Plan, through development standards and review procedures, is 24 compatible with surrounding developments; (3) the Precise Development Plan planning area is adequately buffered from surrounding, more sensitive uses (e.g., residences and businesses) by open space, other utility uses, and transportation 25 corridors and through development standards, including setbacks, of the proposed Precise Development Plan. Furthermore, the proposed pipe support bridge will be 27 constructed to allow for the future Coastal Rail Trail, a separate, future project in this area, which will enhance the public's use of open space areas and facilitate public access in the Agua Hedionda Lagoon area. PCRESONO. 6817 -3- 2. The Precise Development Plan PDF 00-02(C) is consistent with the intent and purpose 2 of the Public Utilities (P-U) Zone, 21.36.010 (2) of the Carlsbad Municipal Code to provide a Precise Development Plan that has given due regard to environmental factors, 3 in that the proposal has been reviewed concurrently with the processing of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in compliance with the provisions of the California Environmental Quality Act <- (CEQA). Furthermore, the existing sewer lift station, which was constructed in 1964, is under-sized, outdated and in some areas nearing the end of its useful life, 6 and could endanger the lagoon and nearby sensitive habitat if a sewer leak or pump failures should occur. 7 3. Precise Development Plan PDP 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, 21.36.010 (3) of the Carlsbad Municipal Code to provide 9 a Precise Development Plan that provides for necessary public improvements, in that the proposed project does not include residential, commercial or industrial land uses, 10 and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the 12 public roadway system, nor generate a need for other governmental services, such as libraries or emergency services. The existing sewer facilities do not have sufficient 13 capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the 14 future anticipated build-out demand of the service area. Furthermore, as part of the approval of PDP 00-02 (B) and RP 05-12(A) for the EPS and Carlsbad Seawater Desalination Plant (CSDP), appropriate public improvement conditions were 16 imposed along and within the PDP and SP 144. As noted above the SLS has negligible if any Growth Management impacts and does not warrant improvements 17 to public facilities. 18 The Precise Development Plan PDP 00-02(C) permits the SLS that is identified as a permitted use in the P-U Zone by Municipal Code Section 21.36.020 (4)(c) and that incorporates design, location, and operation characteristics that ensure compliance 20 with the intent and purpose of the P-U Zone. Furthermore, PDP 00-02(C) sets forth the standards of development for the SLS. 21 5. The Precise Development Plan PDP 00-02(C) is consistent with the General Plan in that: 23 a. It provides regulations and standards for uses that are appropriate uses for the 24 General Plan Public Utilities ("U") land use designation, the designation applied to the EPS. b. The General Plan Land Use Element notes that the U land use designation is applied to existing areas, such as the EPS, that are being used for public or quasi-public functions. 27 c. The proposed SLS is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These PCRESONO. 6817 -4- elements are consistent with Land Use Element Growth Management and Public 2 Facilities Goal A.I, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents. 3 d. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In addition, the project would result in more efficient and c reliable wastewater transport to the EWPCF. The project is consistent with the Land Use Element Growth Management and Public Facilities Goal A.2, which 6 states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." . The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or 9 ocean views. In addition, to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their 10 surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and , 2 Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent 13 feasible the physical and visual accessibility to these resources for public use and enjoyment." 14 f. General Plan Circulation Element Scenic Roadway Policy C.I requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant facade." The SLS as well as the pipe 17 support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the ° surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the different structures of the SLS have flat roofs and vary in shape and height to provide articulation. Finally, as with the proposed pipe 20 support bridge, exterior materials and colors appropriately blend with their surroundings. 21 6. The Precise Development Plan PDF 00-02(C) is consistent with Encina Specific Plan 144 in that: 23 a. It complies with and enhances applicable Specific Plan standards and requirements adopted over the years to regulate development at the EPS. 24 b. It documents and maps existing power plant uses and features, and, since it proposes no changes to the operation of the existing EPS, the Precise Development Plan does not conflict with Specific Plan standards and requirements regarding power station operations. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land 27 use designations of the City of Carlsbad General Plan, with which the Precise Development Plan is consistent. Additionally, SP 144(L) would incorporate by 28 reference POP 00-02(C). PCRESONO. 6817 -5- 7. The Precise Development Plan PDP 00-02(C) is consistent with the goals of the South 2 Carlsbad Coastal Redevelopment Plan in that: 3 a. Establishment of the Precise Development Plan and its development and environmental standards assists in eliminating blight and environmental deficiencies in the Redevelopment Plan area and ensuring quality site design. c The proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle-style wood bridge(s), 6 including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the site. b. Locating the SLS as proposed, on the northern edge of the EPS and between the railroad and freeway, minimizes constraints on any future use of the EPS. 9 Furthermore, the proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, 10 passengers and pedestrians in the area. The proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail, a separate, future project in this area, which will enhance recreational activities where none exist through this area. d. The project also includes the installation of a 12-inch recycled water line, which 13 will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provide 14 adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. The existing sewer lift station and pipelines, which were constructed in 1964 and 16 rehabilitated in 1989, are under-sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to 17 convey future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a 1 ° size adequate to convey the future anticipated buildout demand for the two cities 19 and features modern components to improve reliability and functionality. 20 8. The Precise Development Plan PDP 00-02(C) is in conformance with the Coastal Act, Agua Hedionda Land Use Plan, Mello II segment, and Coastal Resource Protection 21 Overlay Zone in that it has been reviewed for consistency with relevant coastal policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the 23 Precise Development Plan achieves consistency with Land Use Plan policies as follows: 24 a. The Precise Development Plan regulates uses that are consistent with those land uses shown on the Plan's Land Use Map (Policy 1.1). 26 b. The Precise Development Plan is subject to, and incorporates as a regulating document, the Mitigation Monitoring and Reporting Program (MMRP) for the 27 project's Mitigated Negative Declaration (MND), which provides mitigation to ensure consistency with Land Use Plan policies regarding environmentally sensitive habitats, geology, water quality, and other environmental resources. PCRESONO. 6817 -6- c. The project avoids impacts to marine resources as the proposed bridge structure 2 will completely span the entire channel width. Furthermore, the existing trestle bridge structure which supports the existing 42-inch sewer pipe will be removed 3 and the eight (8) narrow bridge support pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel will also be removed. In addition, the existing trestle bridge structure which supports the 12-inch high r pressure gas line may be relocated to the proposed pipe support bridge, allowing the trestle bridge, including the four (4) bridge support pilings, to be removed. 6 d. The project will avoid onsite erosion as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the 7 construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Following construction, the project 9 also will feature permanent source control and treatment control features in order to protect any adjacent downstream waters, such as Agua Hedionda 10 Lagoon, from potential pollution. Development permitted by Precise Development Plan PDF 00-02(C) is consistent 1 with the development standards, such as building height, of the Agua Hedionda i« Land Use Plan. f. The proposed bridge structure will be constructed to allow for the future 13 Coastal Rail Trail, a separate, future project which would provide recreational opportunities to pedestrian and bicyclists in furthering Coastal Act policies 14 regarding public access to coastal resources such as Agua Hedionda lagoon. 9. The approval of Precise Development Plan PDP 00-02(C) fulfills the requirement of Municipal Code Section 21.36.030, which in part states that "no building permit or other entitlement for any use in the P-U zone shall be issued until a precise 17 development plan has been approved for the property." 10 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). 20 11. 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 21 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. 23 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed.26 27 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 28 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all PCRESONO. 6817 -7- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Precise Development Plan.4 - 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan PDF 00-02(C) documents, as 6 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. 7 Any proposed development, different from this approval, shall require an amendment to this approval,o 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, SP 144(L), RP 10-26, 12 CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6818, 6819, 6820, 6821, 6822 13 and 6823 for those other approvals incorporated herein by reference. *4 5. This approval shall become null and void if the Notice to Proceed is not issued or , - commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the 16 California Coastal Commission or other agencies. 17 6. Prior to approval of the Precise Development Plan, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A 19 signed copy of the Coastal Development Permit must be submitted to the Planning Director before commencement of construction or issuance of a notice to proceed. If 20 the approval is substantially different, an amendment to the Precise Development Plan shall be required. 21 M __ 7. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program. 23 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 24 the Precise Development Plan reflecting the conditions approved by the final decision- making body. 25 9. Developer shall 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 27 format (including any applicable Coastal Commission approvals and the Mitigation Monitoring and Reporting Program). 28 PCRESONO. 6817 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann STEPHEN 'TTAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6817 -9- Exhibit 1 - POP 00-02(C) October 5, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER 3 STATION PRECISE DEVELOPMENT PLAN PDP 00-02 TO APPROVE THE SEWER LIFT STATION AND ASSOCIATED 4 PIPING (SLS) PROPOSED AT THE ENCINA POWER STATION (EPS), 4600 CARLSBAD BOULEVARD, IN LOCAL FACILITIES 5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE 5. 7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 8 REPLACEMENT PROJECT CASE NO.: PDP 00-02(C) 9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 10 considered a request to approve an amendment to the Encina Power Station Precise Development Plan, PDP 00-02, via application Precise Development Permit 00-02(C); and WHEREAS, the amendment is proposed to approve the SLS; and WHEREAS, changes proposed to the PDP 00-02 makes only minor text and 14 graphic changes to the Precise Development Plan document, which are shown in strikethrough to indicate words to be deleted and in underline to indicate words to be added; and 16 WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said PDP 00-02(C) be approved;1 8 19 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission Resolution No. 6817, recommending approval of Precise Development Plan PDP 00-02(C); and 24 WHEREAS, the City Council did on the _ day of _ , 201 1 , hold a dully noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a precise development plan amendment consistent with Chapter 21 .36 of the Municipal Code as shown and described in the 28 "Encina Power Station Precise Development Plan PDP 00-02(C)" document, dated October 5, 1 2011 and attached hereto and made a part, and on Exhibit "X," dated October 5, 2011, and 2 incorporated herein by reference and on file in the Planning Department; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 5 relating to the Precise Development Plan Amendment. 6 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 7 follows: SECTION I: That the above recitations are true and correct. SECTION II: That Precise Development Plan POP 00-02(C), dated October 5, 9 2011, on file in the Planning Department, and incorporated herein by reference, is approved. PDP 00-02(C) shall constitute the development plan for the property and all development within the plan area shall conform to the plan.12 SECTION III: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6817 shall constitute the findings and conditions of the14 City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its16 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within 1 o fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2011, and thereafter. 22 '" 23 '" 24 '" 25 '" 26 I" 27 "/ 28 -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2011, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 MATT HALL, Mayor 13 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -3- PDF 00-02(BEC) Exhibit X-PDP 00-02(EC) September 7October 5. 2011 Encina Power Station Precise Development Plan August 19, 2Q09Soptoniber 7.2011 October 5. 2011 PREPARED FQRBY: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 PROPERTY OWNER: Cabrillo Power ILLC 4600 Carlsbad Boulevard Carlsbad, California 92008 APPLICANTS: Cabrillo Power I LLC 4600 Carlsbad Boulevard Carlsbad, California 92008 Poseidon Resources (Channclsidc LLC) 501 West Broadway, Suite 2020 SanDiogo, CA92101 ORIGINAL PDP 00-02 PREPARED BY: Hofman Planning and Engineering 3152 Lionshead Avenue-; Carlsbad, California 92010 (*Note: The amendments associated with PDP 00-02(C) only are back-shaded. The amendments shown that are not back-shaded were previously presented to the Planning Commission as PDP 00-02(E). They are included here for informational purposes only, and are pending City Council action.) ENCINA PO^ER STATION - PRECISE DEVELOPMENT PLAN TABLE OF CONTENTS I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDF) A. P-U ZONE AND POP REQUIREMENT ........ .......................................... 8 B. ZONING ORDINANCE COMPLIANCE ................................................ 8 C. RELATIONSHIP TO SPECIFIC PLAN 144 ............................................. 9 D. ESTABLISHMENT OF BASELINE CONDITIONS .................................... 9 E. BUILDING PERMIT ISSUANCE FOR ALLOWED USES ...... ..................... 10 H. PHYSICAL SETTING A. ESTABLISHMENT OF PDF PLANNING AREAS ................................... 10 B. EXISTING LAND USES AND CONDITIONS ....................................... 10 C. PROPOSED APPROVED CARLSBAD SEAWATER DESALINATION FACILITY .......... 13 feD. PROPOSED SEWER LIFT STATION fSLS)... ................. . ................ ftE, _ SURROUNDING DEVELOPMENTS ................................ ......... .......... 14 III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS A. EIR & MNP / MITIGATION MONITORING & REPORTING PROGRAMS ..................................... 15 B. CITY OF CARLSBAD GENERAL PLAN .............................................. 16 C. SPECIFIC PLAN 144 (HL) ................................................................... 16 D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) ......... 17 E. LOCAL COASTAL PROGRAM COMPLIANCE ..................................... 17 F. GROWTH MANAGEMENT PROGRAM COMPLIANCE .......................... 18 G. COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD ............... 19 H. COASTAL RAIL TRAIL ....................................................................................... 19 I. HABITAT MANAGEMENT PLAN . .................................................... 20 J. DEVELOPMENT AGREEMENT-DESALINATION FACILITY ..... . ....... ...... 20 K. REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION .................. 21 IV. DEVELOPMENT STANDARDS .............................................................. 22 V. PUBLIC IMPROVEMENTS A. PUBLIC IMPROVEMENTS OVERVIEW ....................................... ......... 28 B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT .......................... 29 Encina Power Station Precise Development Plan - PDF 00-02(Sg|) August 19. 2009Septemher 7, 201 1 October 5. 201 1 Hofman Planning and Engineering Page 2 VI. PROCEDURES AND AMENDMENTS : A. CITY COUNCILPDP APPROVAL OP PDF 29 B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES 29 C. FORMAL AMENDMENTS TO APPROVED PDP 29 D.CONSISTENCY DETERMINATION WITH APPROVED PDP 30 Encina Power Station Precise Development Plan - PDP 00-02(Bip) August 19. 2JO§ieptefflteF-?T-a01-lOctobcr 5. 2011 Hofman Planning and Engineering Page 3 LIST OF EXHIBITS EXHIBIT 1: EXHIBIT 2: EXHIBIT 3: EXHIBIT 4: Boundary EXHIBIT 5: EXHIBIT 6: EXHIBIT 7: EXHIBIT 8: EXHIBIT 9: EXHIBIT 10: EXHIBIT 11: EXHIBIT 12: EXHIBIT 13: EXHIBIT 14: Regional Map Vicinity Map Cabrillo Power Properties - Zoning Map CabrillQ Power Properties - General Plan Map / Local Coastal Program PDF 00-02 and SP 144 Plan Boundaries/Public Dedications Cabrillo Power/SDG&E Ownership Map .-.. •.;. •fgqafj--?PUB Planning Areas Site Plan with Proposed FacilitiesCSDP and SLS PA 1 - Existing Conditions PA 2 - Existing Conditions PA 3 - Existing Conditions Before/After Desalination Plant: Aerial Photo Simulation Conceptual PhotoSimulation of the SLS _SCCRP Boundary Encina Power Station Precise Development Plan - POP 00-02(BE@ August 19. 2QmsSjimha; 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 4 APPENDIX ITEMS A: Encina Power Station/Specific Plan 144: Background History _B: Desalination Plant: detailed exhibits and drawings (Revised per PDF 00-02(B)) C: Sewer Lift Station: detailed exhibits and drawings (Revised per POP,00-Q2(C) C: City Council Ordinance NS 779 D: Applicable Ordinances, Resolutions and Regulations D: Carlsbad Boulevard and North County Transit District Railroad right of way: Applicable Scenic Corridor Guideline Excerpts E:. Housing and Redevelopment Commission Resolution 6635 approving RP 05- •12 (A) with-eenditiefls -ft—Mitigation Monitoring and Reporting Program as adopted by City'Council Resolution 2006 156 G: Planning Department Policy No. 35 H: SP 144(J) as adopted by City Council Ordinance CS 057 -k-,—City Council Ordinance CS 058, including Planning Commission Resolution No. 6632 approving PDF 00 02 (B) with conditions J: City Council Ordinance CS XXX, including Planning Commission Resolution No. XXX approving POP 00 mm Encina Power Station Precise Development Plan - PDP 00-02(BSl) August 19. 2009Septemher-7""3Q-l-K)cU)bcr 5. 2011 Hofman Planning and Engineering Page 5 GLOSSARY OF TERMS AHL Cabrillo ccc CEQA City CRT CSDP EIR EPS EPSPDP EWPCF Lagoon LCP LFMP MMRP MNP NCTD PA Agua Hedionda Lagoon Cabrillo Power ILLC California Coastal Commission California Environmental Quality Act City of Carlsbad Coastal Rail Trail Carlsbad Seawater Desalination Plant Environmental Impact Report Encina Power Station Enema Power Station Precise Development Plan Encina Wastewater Pollution Control Facility Agua Hedionda Lagoon Local Coastal Program Local Facilities Management Plan Mitigation Monitoring and Reporting Program Mitigated Negative Declaration North County Transit District Planning Area Encina Power Station Precise Development Plan - POP 00-02(BEC) August 19. 2069September-?v-20-l-1 October 5, 2011 Hofman Planning and Engineering Page 6 PDF Poseidon PRC SCCRP SDCWA SDG&E SP444 SLS : Encina Power Station Precise Development Plan Poseidon Resources Corporation Poseidon Resources Corporation South Carlsbad Coastal Redevelopment Plan San Diego County Water Authority San Diego Gas and Electric Specific Plan 144 Proposed Agua Hcdionda Sewer Lift Station and Associated Improvements SP 144 Specific Plan 144 Encina Power Station Precise Development Plan - PDF 00-02(Bgl) August 19.20Q9Septemher 7v2Q-l IQciobcr 5. 2011 Hofman Planning and Engineering Page 7 INTRODUCTION The Precise Development Plan (PDP) is intended to serve as an informational and regulatory document to meet the City's zoning requirements for the Public Utility Zone as the zone applies to the Encina Power Station (EPS). The EPS is approximately 95 acres in size and extends from Carlsbad Boulevard to Interstate 5 along the south shore of Agua Hedionda Lagoon (AHL). Electrical power generation is the primary function of the EPS. The EPS is currently capable of producing 965 Megawatts (MW) of electricity and providing 25% of San Diego County's total energy requirements. The Encina Power StationEPS is owned by Cabrillo Power I L.L.C. The EPS has a Public Utilities ("U") General Plan land use designation. Primary functions of the U designation may include generation of electrical energy, including by thermal electric power generating facilities such as the Encina Power Station, outside the Coastal Zone only. The EPS has a Public Utility ("P-U") zoning. In the P-U Zone, generation of electrical energy is not a permitted use in the Coastal Zone but is permitted as an accessory use in the Coastal Zone if it generates fewer than 50 megawatts. The P-U Zone also clarifies that a generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. Whether inside or outside of the Coastal Zone, generation of electrical energy, including as an accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission. Cabrillo Power I L.L.C. currently generates electricity at the Encina Power Station as authorized by the California Public Utilities Commission. The EPS is located inside the Coastal Zone. Because of its location, primary function and generating capacity, the EPS is inconsistent with the General Plan and not a permitted use in the P-U Zone or this PDP. _The PDP is-was also the primary approval process for the Carlsbad Seawater Desalination Project (CSDP), a 50 million gallon per day (MGD) facility at the EPS. The CSDP is proposed owned by Poseidon Resources Corporation, which has entered into a long-term lease with Cabrillo Power I L.L.C. The PDP is also the primary approval process for the SLS, a 50 MGD capacity sewer facility and associated improvements at the EPS. The PDP: Encina Power Station Precise Development Plan - PDP 00-02(BBg August 19. 2009'September•?. 2011-Octobcr 5, 2011 Hofman Planning and Engineering PageS a. Depicts the existing land uses and baseline conditions. feT-Establishes development standards consistent with applicable land use standards, such as the General Plan, Specific Plan 144, Agua Hedionda Land Use Plan, and Zoning Ordinances. zoning requirements. erbjncludes provisions for administrative approvals for minor accessory uses and facility modifications necessary for daily power generation,,—and desalination, sewer treatment, and other operations and to meet security requirements, consistent with the limitations of the Encina Power StutionEPS as a use inconsistent with the General Plan and Zoning Ordinance. 4rcJ3stablishes PDF amendment procedures. erd_.Facilitates building permit issuance for allowed land uses at the EPS. Encina Power Station Precise Development Plan - POP 00-02(61(8 August 19, IffiOSoptcmher 7, 201 1 October 5, 2011 Hofman Planning and Engineering Page 9 PDF Chapters: I. Purpose of the Precise-Development PlanPDP II. Physical Setting III. Incorporation of Applicable Regulations and Documents IV. Development Standards V. Public Improvements VI. Procedures and Amendments Encina Power Station Precise Development Plan - PDP 00-02(BSG August 19. 20Q9September 7, 201 JOctobur 5. 2011 Hofman Planning and Engineering Page 10 I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT The Eflcina-Power-StatieR (EPSj-on the southern shore of Agaa Hedionda LagoonAHL, west of Interstate 5 and east of Carlsbad Boulevard, has a Public Utility (P-U) zoning designation per City of Carlsbad land use regulations. Exhibit 1 (Regional Map) and Exhibit 2 (Vicinity Map) locate the site within the northern San Diego County coastline. The history and operations of the powerplant are summarized in Appendix A. A summary of the 50 MGD (million gallons per day) approved CSPP.seqwater desalination facility proposedowned by Poseidon Resources Corporation is provided in Section II. C. of this document. In addition, a summary of the 50 MGD SLS owned by the City of Carlsbad is provided in Section Il.D. of this document. The Public Utility Zone, Chapter 21.36 of the Carlsbad Municipal Code, implements the corresponding General Plan designation of Public Utilitiesy (U). Exhibit 3 (Zoning) and Exhibit 4 (General Plan) depict these land use designations, respectively. Section 21.36.020 of the Public UlilityP-U Zone Chapter lists permitted uses and structures. Per Section 21.36.020. generation of electrical energy is a permitted, primary use outside the City's Coastal Zone only but is permitted as an accessory use in or outside the City's Coastal Zone only if it is limited to a generating capacity of fewer than 50 megawatts. Further, Section 21.36.020 clarifies that generation of electrical energy, whether as a permitted primary or accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission. Other permitted uses in the Public Utility P-U Zone include , including the generation and transmission of electrical energy if conducted by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission, use and storage of fuel oils, Sagl-energy transmission, wastewater facilities, and related facilities. ? all of which are existing uses at the EPS. The processing, use, and storage of domestic and agricultural water supplies are also identified as permitted uses in the P-U Zone. Accordingly, since it entails processing, use and storage of domestic water supplies, the proposed approved Carlsbad Seawater Desalination Plant (CSDP) is a permitted use in the P-U Zone. The P-U Zone additionally permits facilities that dispose, treat, and reclaim wastewater; accordingly the SLS is also a permitted use. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "until a precise development plan has been approved for the property". This document is prepared consistent with the requirements of the P-U Zone, and serves as the site's official Precise Development Plan (PDP). The PDP serves as the primary entitlement for the CSDP and SLS. Encina Power Station Precise Development Plan - PDP 00-02(616) August 19. fSpSepteiriher 7, 201 lOctobcr 5. 2011 Hofman Planning and Engineering Page 11 In the future, the CSDP. SlfcS, -and other improvements contemplated for the EPS will require building permits; other future improvements may also require entitlementSi including amendments to this PDF. Since the EPS is within the boundaries of the Sewth Carlsbad Coastal Redevelopment PlanSCCRP, it is subject to the provisions of this plan as discussed further in Section III. ©El B. ZONING ORDINANCE COMPLIANCE Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for certain public utility and related uses subject to a precise development plan procedure to: "Insure compatibility of the development with the General Plan and the surrounding developments" The Precise Development PlanPDP satisfies the above by providing: • a baseline of existing conditions (August 2009Decernber 2010) • guidance for building permit and entitlement issuance for allowed uses • _ establishment of planning areas, standards and provisions • development standards that require General Plan compliance • amendment and implementation procedures • linkage to other related regulations, approvals, and documents Consistency with the General Plan will allow for continued compatibility with the surrounding developments in the adjacent area, further discussed in Ikfr- E of this document. A list of related regulations, approvals, and documents is provided in Appendix "Insure that due regard is given to environmental factors " The certification of an Environmental Impact Report (EIRj for the CSDP was processed concurrent with the approvals for the de-salinatien facilityCSDP. as well as this Precise Development PlanPDP. EIR 03-05 and implementation of the corresponding Mitigation Monitoring and Reporting- Program (MMRP^, wti4-satisfyied the above regarding adequate environmental review. The adoption of a MNP for the SLS was processed concurrent with the approvals for the SLS. as well as this PDP amendment (PDP OQ-02CC)). The MNP, and implementation of the corresponding MMRP. is adequate environmental review for the project. "Provide for public improvements and other conditions of approval necessitated by the development" Encina Power Station Precise Development Plan - PDP 00-02(BE§) August 19. 2009Seplember 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 12 • The above will be satisfied by compliance with conditions of approval for related permits of uses allowed by the PDF, including the proposed desalination facilityCSDP and the SLS. Public Improvements are addressed in Chapter V. C. RELATIONSHIP TO SPECIFIC PLAN 144 Specific Plan 144 (SP 144) was approved by the City of Carlsbad in 1971 covering the powerplant and all related property owned at that time by San Diego Gas & Electric (SDG&E). That included water and southern shoreline areas of Agua Hedionda Lagoon AHL east of Interstate 5; in addition to areas west of 1-5. Exhibit 5 (Plan. Boundaries) depicts the overlapping boundaries of SP 144 and the JPree-ise-0evelopment PIanPDP. The ownership of the powerplant property by Cabrillo Power I L.L.C.. (Cabrilio) is combined with their ownership of adjacent lagoon waters west and east of 1-5. Precise Development Plan PDP provisions apply only to the land area owned by Cabrillo and zoned P-U since the lagoon water is zoned Open Space (OS). Exhibit 6 ^Ownership) depicts the corresponding property ownerships of SDG&E and Cabrillo Pewefras well as the boundaries otlthePpP. One of the related entitlements for the CSDP SLS is wusls an amendment to SP 144. In 2006, SP 144CH) wasr-wteek formally adopted to included the PDP area into the Specific Plan. SP 144(H), therefore, is noted in Chapter HI (Incorporation of Applicable Regulations and Documents). SP 144(J) is the current amendment that corresponds with amendment to the PDP via PDP 00-02(B) for the CSDP approved in 2009. SP 144(1), as well as PDP 00- 02(A), are the file numbers that were assigned to an application by the powerplant for a re- powering proposal, that instead is regulated by the California Energy Commission and therefore may not be subject to PDP or SP 144 provisions. Pertinent provisions from SP 144 are incorporated into Chapter IV, Development Standards. SP.144TL), as well as PDP 00-02CC), are the amendments that incorporates the SLS into the two documents. SP 144(N) has been fitedis proposed to recognize the amendments put forth bv PDP 00-02(E) D. ESTABLISHMENT OF BASELINE CONDITIONS The existing conditions and land uses within the P-U Zone as it relates to the EPS are established. This is an important function of the Precise Development PlanPDP since it will serve as the development baseline for any future project implementation at the EPS, such as the approved CSDP and SLS. Existing conditions and land uses are outlined in Chapter II, Physical Setting. E. BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES This document is designed to ensure compliance with applicable regulations prior to the issuance of any building permit or entitlement for development within the Precise Development PJanPDP jurisdiction. Chapter IV provides development standards, outlines Encina Power Station Precise Development Plan - PDP 00-02(BEC August 19. 2009Soptombor 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 13 allowed and conditional uses, and establishes other provisions. In addition, Chapter III of the PDF incorporates by reference all other applicable regulations, permits and documents. By providing a PDF for the property as required by the zoning Zoning ordinanceOrdmance, and as a guide to assess implementation compliance, this document facilitates building permit and entitlement issuance procedures. II. PHYSICAL SETTING A. ESTABLISHMENT OF PDF PLANNING AREAS Exhibit 7 (PDF Planning Areas) shows the Precise Development PlanPDP area and corresponding Planning Area boundaries. The three Planning Areas shown are consistent with the planning areas shown and described in EIR 03 05 and SP 144(H). The Assessor's Parcel Numbers (APN) for the land within the PDF are 210-010-^9-41 and 210-010-£?43. As determined by these APNs the area of the PDF is approximately 95 acres. B. EXISTING LAND USES AND CONDITIONS The Enema Power' StationEPS, and the Aguu Hedionda LagoonAHL are well-established features of coastal North County. Agaa Hedionda LagoenAHL is connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD railroad, and 1-5. The lagoon is an integral part of the EPS since it provides the source of seawater that is vital to the cooling operations of the power plant's steam turbines in service. Exhibit 8 (Site Plan with Proposed FaeilitiesCSDP and proposed SLS) as well as the exhibits contained in Appendix B & C shows existing structures, paved and parking areas at the power statioaEPS as well as the proposed approved desalination facilityCSDP and proposed SLS locations. Most existing structures and uses described for each of the planning areas below are part of the Enema Power StationEPS. However, generation of electrical energy is not a permitted use in the Coastal Zone unless it an accessory use and generates fewer than 50 megawatts. A generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. PLANNING AREA 1 Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally located south of the outer Agua Hedionda LagoonAHL, and adjacent to Carlsbad Boulevard. PA 1 contains the most recognizable features of the plant: the power generating facility and emissions stack are located on the western portion of this Planning Area. Encina Power Station Precise Development Plan - PDF 00-02(BE(§) August 19. 2009Soptflrnber7. 2011 October 5. 2011 Hofman Planning and Engineering Page 14 The boiler/turbine building is the main building onsite and is approximately 200 feet in height. The stack reaches a maximum height of 400- feet. Other facilities located in PA 1 include water, steam, and natural gas pipelines. An NCTD rail line forms the eastern boundary. The primary land uses in PA 1 are the power generating facility and emissions stack, support facilities, the electrical switching station and related facilities, the water intakes, and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic Reduction SCR (pollution control technology) are located within this PA. The perimeter landscaping along Carlsbad Boulevard and a portion of the south shore of the outer lagoon AH L basin is also located within PA 1. In addition to the major structures listed above, the main entrance to the EPS is located in Planning Area 1, at 4600 Carlsbad Boulevard, south of Agua Hedionda LagoonAHL. The seawater desalination demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of the CSDP, including the intake pump station and intake & discharge pipelines, are located in PA 1. A total of 174 spaces are available at various parking lots within Planning Area 1, shown on Exhibit 9, to serve existing uses and the CSDP (Parking discussed in IV). Other Existing Onsite Uses in PA 1 include: o Chemical and chemical waste storage tanks o Water tank storage facilities o Mobile Office Trailer (4,330 square feet) o Communications facilities o Construction materials storage o Fabrication/machine shops o Vehicle storage areas o Shipping/receiving areas o Administrative support areas o Fire brigade facilities o Trash recycling facilities o Processing, use and storage of natural gas, and liquid natural gas o Processing, use and storage of water supplies o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Railroad access and loading/unloading facilities o Seawater desalination demonstration facility o Discharge pond o Seawater intake o Upland aquaculture operations and processing areas The Selective Catalytic Reduction (SCR) facility and related equipment are located to the southeast of turbine Unit 5 of the power generating facility. Components related to Encina Power Station Precise Development Plan - PDF 00-02(B§g) August 19, 2009September 7, 2011 October 5. 2011 Hofman Planning and Engineering Page 15 implementation of the SCR facility located onsite include: two aqueous ammonia storage tanks, truck unloading station, and piping from the storage tanks to the boilers. The seawater desalination demonstration facility is located north of the main gate off Carlsbad Boulevard. The seawater desalination demonstration facility supply pump is capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the demonstration facility. The objective of the demonstration plant is to develop data for the monitoring of the future full-scale (50 MOD) CSDP facility. This demonstration facility utilizes approximately 23 existing parking spaces, which will be re-established when the seawater desalination demonstration facility is no longer needed onsite. The area is surrounded by trees and shrubs, which serve to screen the facility from | views along Carlsbad Boulevard and from the north shore of the LagoonAHL. The maximum height of this facility is less than 20 feet. PLANNING AREA 2 Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. It contains four large fuel oil storage tanks, which are generally located between 1-5 and the NCTD railway, and north of the overhead electrical transmission lines. Fuel oil was formerly the primary fuel source used to fire the electricity generating boilers at the EPS. However, beginning in the 1970s, the EPS switched to use natural gas as the primary fuel consumed in the production of electricity because of its lower emissions and costs. In recent years, natural gas curtailments to the EPS resulted in an increased, though intermittent reliance on fuel oil. This situation could occur again in future years if energy supply and demand reach peak levels and natural gas availability is scarce. The land use activities in this planning area are not readily visible to offsite viewers as the storage tanks are set below grade and are further visually screened by west-facing, east- facing, and north-facing landscaped berms. The primary existing land use activity in this planning area is the storage of fuel oil. Similar to PA 1, other existing activities in this PA include: o Processing, use and storage of natural gas and liquid natural gas o Processing, use and storage of water supplies o Use and storage of petroleum-based fuels and fuel oils o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Communications facilities o Administrative and training support facilities o Dredging operations facilities and storage Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, wliich will be.demolishedonce, the .SLS.. to be located adjacent and east of the existing sewer lift station within PA 2, is constructed (Exhibit 10 depicts the location of the SLS). The SLS Encina Power Station Precise Development Plan - PDF 00-02(BJBS') August 19. 2009Septemher 7, 2011 October 5. 2011 Hofman Planning and Engineering Page 16 also includes new sewage and recycled water pipelines that extend across PA 2 from north to south, just east of the NCTD railway. Ana»4 EPS materials and equipment storage is another ancillary use in PA 2. A landscaped berm is partially sited within this planning area as a means of visually separating the fuel oil storage tanks from southbound travelers on 1-5 and Carlsbad Boulevard. Fire training is intermittently conducted within this planning area. PLANNING AREA 3 Planning Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three small fuel oil tanks known as Fuel Tanks 1, 2 and 3 (Fuel Tank 3 will be removed to accommodate the approved CSDP). These tanks are located south of the outer basin of the Agua Hedionda LagoonAHL and adjacent to and west of the NCTD tracks. PA 3 is the location of the proposed approved CSDP. Power generation-related facilities located in this planning area include the three smaller fuel oil tanks, above ground and underground fuel tanks, and water treatment facilities. Other existing onsite uses in this PA include: o Use and storage of petroleum-based fuels and fuel oils o Wastewater treatment facilities o Wastewater and/or brackish water treatment, disposal, storage and reclamation facilities C. PROPOSED APPROVED DESALINATION FACILITY The 50 million gallons per- day (MOD) Carlsbad Seawater Desalination PlantCSDP *s-was proposed approved for a portion of PA 1 and the portion of PA 3 currently occupied by Fuel Tank 3, the southernmost tank. Appendix B contains engineering drawings depicting various components of the desalination facilityCSDP and building elevations. When fully operational, the proposed approved CSDP will have the capacity to deliver up to 50 MGD of Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad, neighboring agencies and/or other regional partners. The desalination facilityCSDP is described with detailed analysis in certified EIR 03-05, and EIR 03-05(A), an Addendum to the certified EIR. A summary is provided below. The project includes a desalination plant, pipelines and other appurtenant facilities. Fuel Tank 3 and surrounding earthen containment dikes and adjacent paved areas will be removed to accommodate the proposed approved desalination plant. Detailed exhibits and a preliminary grading plan of the proposed approved facility are included in Appendix B. Appurtenant facilities are associated with the desalination facility, consistent with the project description in certified EIR 03-05 and EIR 03-05(A), such as: intake and discharge Encina Power Station Precise Development Plan - POP 00-02(BB§) August 19.20QQSoplemhtir 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 17 pipes, product water pipeline, transformers, electrical connections and solids handling building. These appurtenant facilities are proposed approved primarily in PA 3 and PA 1. Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit 12 of this document shows a before/after conceptual aerial photo simulation of the CSDP. Offsite infrastructure and facilities to carry and store product water are not included as part of the Precise Development PlanPDP as they are not proposed to be located on P-U zoned properties and, therefore, not subject to PDP provisions. Source water for the project will come from seawater in the existing cooling water system at the EPS. Appendix B, Exhibit F provides a process flow diagram for the CSDP. Seawater would be diverted from the combined outlet of the power station condensers and piped to the CSDP. The source water will be pre-treated and filtered through RO membranes to produce high quality drinking water. The product water would be stored temporarily in on-site facilities prior to transmission to local and/or regional storage and distribution systems. A large diameter pipeline, proposed approved along the east boundary of PA1, would convey product water from the desalination plant in a southerly direction to off site infrastructure and facilities. -These product water pipelines, and the new offsite pipelines that would be constructed for conveyance of the product water to the City of Carlsbad, neighboring water agencies and/or the San Diego County Water Authority, are described in certified EIR 03-05 and EIR 03- 05(A). Cooling water from the condensers of all five units of the power generating structure flows into a common discharge tunnel. The concrete discharge tunnel conveys the cooling water into an on-site discharge pond before traveling through box culverts under Carlsbad Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean. The CSDP will operate up to 24 hours a day, 7 days a week. This facility will produce water continuously and will be staffed at all times. Maintenance will be conducted onsite as is customary and standard for such a facility or otherwise required by equipment manufacturer specifications. D. PROPOSED SEWER LIFT STATION The entire project involves the installation of a sewer trunk line (3.960-foot long force main and a 8,420-foot long gravity sewer line) to be located between the San Diego Northern Railroad (BRSFI right-of-way to the west and the.1-5 freeway to the east: a sewer lift station (50 MOD capacity); a sewer support bridge (140-foot weathered steel span); and associated improvements on the .Vista/Carlsbad Sewer Interceptor System. (Segments VC11.'VC12. VC13. VC14. and VC15 as referenced in the City of Carlsbad's 2003 Sewer Master Plan), The project also includes the demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high pressure gas transmission line from its existing trestle bridge (and removal of the bridge) to the new Encina Power Station Precise Development Plan - PDP 00-02(BB€ August 19. 2QQ'9Septemh£!r 7, 2011 October 5, 2011 Hofman Planning and Engineering Page 18 sewer bridge. However, most of the bridge, except the southern abutment, and oi'fsite infrastructure (proposed improvements to the north and south of PA 2) are not included as part of the PDF amendment as it is not proposed to be located on P-U zoned properties and, therefore, not subject to POP provisions. The SLS will involve a series of three structures (two of which will be primarily underground).- These structures will be constructed in an area approximately 80- to 100-feet southeast of .the existing sewer lift station. These three structures..are, the, main lift station, a smaller grinder facility, and a still smaller bio-filter structure. The large, main structure will be fitted into-the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western, walls visible up to 25.5 feet in. height. The lift station structure will be stained earth-tone colors, with wall texturing for shadowing to fit into- the surrounding area. The existing station and adjacent overflow basin will be removed to accommodate the SLS. The project also proposes-.a number of associated improvements..in thesame work area, including installation of a sewer gravity connector line, sewer force main. 12-inch recycled water line, and replacement of a 3" potable water line with a 6" potable water line. Plans of the SLS are provided in appendix C and a photo simulation is provided in Exhibit 13. HE. SURROUNDING DEVELOPMENTS As a major electrical generating facility in San Diego County, the EPS is a distinct regional land use presence. Land uses surrounding the PDF area include residential neighborhoods, and coastal shoreline areas providing active and passive recreational uses. These include swimming, surfing, walking, bird watching, fishing and bicycling. | North of the PDP boundary are the waters of Agua Hedionda LagoonAHL; Interstate 5 is located along the eastern edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the south is a small community park (Cannon Park) and the operations center of SDG&E. Single-family residential neighborhoods in the general area include Terramar and Tierra del Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another portion of Terramar is located on the east side of Carlsbad Boulevard, further south of Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north shore of the lagoon is a research institute and fish hatchery. | Existing Surrounding Land Uses (Adjacent to Precise Development PlanPDP Jurisdiction) | North: Agua Hedionda LagoonAHL South: Industrial utility, Cannon Park | East: 1-5 and NCTD Railway Transportation Corridor West: Carlsbad Boulevard, Beach Access Encina Power Station Precise Development Plan - PDP 00-02(B§g August 19. 2009September 7y 2011 October 5; 2011 Hofman Planning and Engineering Page 19 Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations (Adjacent to Precise Development PlattPDP Jurisdiction) North: Open Space | South: Open Space, Planned Industrial, Public Utilities/Utility East: Open Space, Transportation Corridor West: Open Space The—Encina—Power—Station—and—surrounding—neighborhoods—have—co existed—fef approximately 50 years with minimal day to day interaction or disturbance. The EPS operations are self contained and do not generally extend beyond the limits of the POP. The EPS and implementation of the Precise Development Plan will facilitate continued compatibility with the EPS and surrounding developments in the area. INAPPLICABLE LAND USE REGULATIONS 1LEIR 03-05, EIR 03-05(A) / MITIGATION MONITORING and REPORTING PROGRAM Certification of Final EIR 03-05 constitutes the environmental review necessary for this Precise Development PktnPDP and the proposed- desalination faciiityCSDP. The EIR was prepared, processed and certified in compliance with CEQA (California Environmental Quality Act) in 2006. EIR 03-05 also covers the environmental review of off site pipeline alignments designed to convey the desalinated water for regional distribution from the Encina Power StationEPS location. Certification of EIR 03-05 requires the implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation measures for various environmental impacts assessed in EIR 03-05 that otherwise would create significant impacts. PDP amendment 00-02(B) provides minor revisions to the site plan of the approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03- 05, EIR 03-05(A) was processed and approved in 2009. No new impacts were identified and the project's mitigation measures have not increased nor are any new mitigation measures required. The mitigation measures mostly address environmental impacts from the offsite pipeline alignments. However, some mitigation measures apply to the desalination facility and therefore require incorporation into this Precise Development PlanPDP. A copy of theThe MMRP is contained in City Council Resolution 2006-156, which is referenced mel«ded-in Appendix FD. Encina Power Station Precise Development Plan - PDP 00-02(BBf August 19. liifoSepternher 7. 201IQctobcr 5. 2011 Hofman Planning and Engineering Page 20 B. SLS MNP - PDF 00-02(C) / SP 144CL) / RP 10-26 / CDP 10-17 / HPP 10-05 / SIJP 10-02 / HMP10-03 - / MITIGATION MONITORING AND REPORTING PROGRAM Adoption of the Final MNP constitutes the environmental review necessary for this PDF amendment and the SLS. The MNP was prepared, processed and certified in compliance with. CEO A. The MNP also covers the environmental review of offsite pipeline alignments and the support bridge alignment designed to convey the pipes (sewer, recycled water, and potable water) from south of Chinquapin Avenue to the EWPCF. Adoption of the MNP requires the implementation of the corresponding MMRP. The MMRP outlines necessary mitigatioo measures for various envirgnmenta] impacts assessed in the MNP that otherwise would create significant impacts. The mitigation measures mostly address environmental impacts from the construction of the bridge abutments, sewer lift station, and construction noise adjacent to the AHL during bird breeding. season. Therefore, the mitigation measures require incorporation into this PDF. The MMRP is contained in City Council. Resolution 201 l-XXX, which is referenced in Appendix D. H_CITY OF CARLSBAD GENERAL PLAN The Land Use Element of the Carlsbad General Plan designates the existing power station property-EPS as Public Utility Utilities (U). The Public Utility Utilities designation is implemented through the>(P-U) Public Utility Zone, Chapter 21.36 of the Carlsbad zoning ordinance. This Precise Development PlanPDP, compliant with Chapter 21.36, ensures compatibility with the City's General Plan. The Carlsbad General Plan states that the Public Utility Utilities designation's "primary functions may include such things uses as the generation of electrical energy (outside the Coastal Zone only), treatment of wastewater, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community". The desalination use is considered consistent with these land uses. However, since the Encina Power Stati-eaEPS is within the boundaries of the Coastal Zone, it is not considered a primary function of the U designation. Therefore, implementation of the Precise Development PlanPDP, including building permit issuance for the desalination facilityCSDP and SLS facilities, would be consistent with the site's land use designation of Public tft&ty-Utilities and the City's General Plan. However, the existing Encina Power StetieaEPS, an expansion of it, or the addition of a new power facility is or would not be considered consistent with the U designation. Encina Power Station Precise Development Plan - PDF 00-02(BE£) August 19. 20Q9September7. 2011 October5. 2011 Hofman Planning and Engineering Page 21 ILSPECIFIC PLAN 144 (H) AND (J)lJJ The amendment to formally include the Precise Development PlaaPDP area into Speeifte- PtaaSP 144, processed as SP 144(H), was approved concurrently with the desalination facilityCSDP, EIR 03-05, and other approvals. SP 144(H) formalized the inclusion of the PDP area and will likewise provide specific plan coverage compliant with State law guidelines per Government Code Section 65450. Applicable conditions or regulations resulting from the integration of the Precise •Development- PlanPDP into Specific •• PlanSP 144 are outlined with other development standards, planning area by planning area, in Chapter IV. Changes proposed to the PDP that are considered "formal amendments" also require an amendment or comprehensive update of SP 144. See Section VIC. for details. Specific PlanSP 144 (J) is the amendment to Specific PlanSP 144 that implements the site plan reconfiguration for the CSDP covered by the amendment to tfeis-PDP (PDP 00-02(B)), the Redevelopment Permit Amendment (RP 05-12(A)) and EIR 03-05 Addendum (EIR 03- 05 (A)). A copy of SP 144 (J) is included in Appendix H SP 144 (L) is the amendment to.SP 144 that implements .the SLS covered by the amendment to this PDP (PDP 00-02 (C)). the Redevelopment Permit (RP 10-26). and the MNP. SpeeMie-PteaSP 144(N) amended Specific PlanSP 144 to delete and modify provisions of the plan regarding generation of electrical energy and Encina Power Station consistency with the General Plan. It corresponds to PDP 00-02(E). Encina Power Station Precise Development Plan - PDP 0'0-02(BEiE) Auguot 19. 2009Seplember-7, 201 tOctobcr 5. 2011 Hofman Planning and Engineering Page 22 »4L_SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) The South Carlsbad Coastal Redevelopment Plan (SCCRPHs a 555-acre redevelopment area. As shown on Exhibit 4314, the Precise Development PlariPDP area is a portion (approximately 95 acres) of the larger Redevelopment jurisdiction. Identified goals of the SCCRP relative to the EPS and PDP jurisdiction include: • Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. Developing new beach and coastal recreational opportunities. • Increasing parking and open space amenities. • Developing new beach and coastal recreational opportunities. • Implementing performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development. In November 2005 the City Council, upon the recommendation of the Housing and Redevelopment Commission, approved Ordinance NS-779, amending the SCCRP. This action requires a PDP for a number of. certain uses, including a sewer lift station, a desalination facility and the generation and transmission of electrical energy; a finding of extraordinary public purpose for those certain uses; and a Redevelopment Permit. In 2009, aAn amendment to the desalinatieftCSDB project's Redevelopment Permit (RP 05-12(A)) is-was processed along with the amendment (PDP 00-02(B)) to thin; PDP. The SLS's Redevelopment permit (RP 10-26) is being processed along with the amendment to the PDP (POP 00-02 (O). Ordinance NS-779 also states that these requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). Ordinance NS-779 is attached asreferenced in Appendix €D, and integrated into the compliance elements outlined in Development Standards, Chapter IV. The General Plan states that a primary function of the Public Utilities land use designation may include generation of electrical energy outside the Coastal Zone only. Since all of the SCCRP is within the boundaries of the Coastal Zone and the EPS is within the SCCRP, the EPS is not a permitted use within the redevelopment plan! Encina Power Station Precise Development Plan - PDP 00-02(BB@') August 19.2t)Q9September 7/2011 October 5.20lf Hofman Planning and Engineering Page 23 B*iL_LOCAL COASTAL PROGRAM COMPLIANCE The Agua Hedionda. LagoonAHL Local Coastal Program (LCP) segment applies to the Precise Development PlanPDP. The LCP area is also shown on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP certification and permit authority from the California Coastal Commission (CCC) for most of the city's coastal zone in October 1996. However, the California-€eaB-t-al CommissionCCC retained permit authority within the Agua Hedionda LagoonAHL LCP. Therefore, any development within the Precise Development PlanPDP jurisdiction requires approval of a coastal development permit by the Galtfernia Coastal ComrnissienCCC prior to building permit issuance or effectiveness of any entitlement, such as this Precise Development PlanPDP. Compliance with related coastal permit conditions shall be addressed prior to building permit issuance, as .part of the Precise Development Plan PDP implementation. The Agua Hedionda LCP acknowledges the coastal dependent nature of the Encina Power Station and existing land uses, which are considered to be consistent with supported coastal policies and objectives. Like-wise-, the CSDP is consistent with the Agua Hedionda LagoonAHL Local Coustal ProgramLCE as reaffirmed by the environmental review and certification and approval of Final EIR 03-05 and EIR 03-05(A). Likewise, the SLS is also consistent with the AHL LCP as stated in the certification and approval of the Final MNP. fe€L_GROWTH MANAGEMENT PROGRAM COMPLIANCE The Growth Management Program, in accordance with Chapter 21.90 of the Carlsbad Municipal Code, established 25 Local Facilities Management Zones throughout the city. No development can occur in any of the Zones unless consistency of the development is determined with the applicable Local Facilities Management Plan (LFMP) for each Zone. Each LFMP determines existing and future needs for infrastructure so that future Zone demands can be adequately assessed, planned, and provided. The Eneina Power StetieftEPS, proposed desalination facilityCSDP, and Precise Development, PlofiPDP jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however, applies only to the northwest corner of the Enema 'Power Station EPS and fteeise DevelopmentPlanPDP jurisdiction in the vicinity of the aquaculture facilities and discharge pond. Implementation of the Precise Development PlanPDP. including the CSDP, is consistent with the Zone 1 and Zone 3 LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is not necessary to implement the Precise Development PteaPDP. This was reaffirmed by the environmental review and certification of Final EIR 03-05, and EIR 03-05(A) for the CSDP. and the MNP for the SLS. and is summarized below. Encina Power Station Precise Development Plan - PDP 00-02(BEf) August 19, JBoSoptornher 7V 20MOctobcr 5. 2011 Hofman Planning and Engineering Page 24 dSDB LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance Performance Standard Administrative Facilities Library Wastewater Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Water Project Compliance N/A. This standard does not apply to non-residential uses N/A. This standard does not apply to non-residential uses. Effects on wastewater treatment are discussed and mitigated in the N/A. This standard does not apply to non-residential uses. Negligible Effect. The EPS has a Storm Water Pollution Prevention Plan (SWPPP) in place. The desalination facility will also implement a SWPP. Negligible effect. The desalination facility will only add 120 Average Daily Trips (ADT) to the traffic circulation of the area. N/A. This standard does not apply to non-residential uses. No effect on open space compliance. N/A. This standard does not apply to non-residential uses. Effects on sewer capacity are discussed and mitigated in the EIR Beneficial effect anticipated. The desalination facility is anticipated to substantially improve the quantity and quality of the water supply available to the City, neighboring water agencies and the region. Desalinated water is required to meet all federal, state, regional and local standards. SLS LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance Performance Standard Administrative Facilities Library Wastewater Treatment Parks Drainage Circulation Fire Open Space Schools Scwcr Water Project Compliance N/A. This standard does not apply to non-residential uses N/A. This standard does not apply to non-residential uses. The scwcr lift station would improve the existing waste-water- facilities and will handle the projected build-out sewaae anticipated1 from the service area. N/A. This standard does not applv to non-residential uses. Negligible Effect. The EPS has a SWPPP in place. In addition, the sewer lift'station will also implement a SWPPP. Negligible effect. The sewer lift station will only add one additional ADT to the traffic circulation of the area for a maintenance vehicle to monilor and service the sewer lift station. N/A. This standard does not apply to non-residential uses. No effect on open space compliance. N/A. This standard does not apply to non-residential uses. The project will not result in an increase in sewer flow. The project includes the installation of a 12-inch diameter recycled water line. This line will serve to distribute recycled water in the northern portion of Carlsbad for landscape irrigation. Encina Power Station Precise Development Plan - PDF 00-02(BEif) August 19.ll69Septernher7, 2(M-l-Octobcr 5. 201% Hofman Planning and Engineering Page 25 €JL COMMUNITY THEME CORRIDORS The City of Carlsbad General Plan designates specific transportation corridors as scenic roadways. Carlsbad Boulevard on the western perimeter of the PDF is designated as a "Community Theme Corridor". Excerpts fromThe scenic corridor guidelines applicable to Carlsbad Boulevard and the railroad right of way are attached referenced in Appendix D. Carlsbad Boulevard, the local segment of the coast highway located along southern California's coast, provides superior visual access with lagoon, ocean, beach, horizon and sunset views. The NCTD railroad right of way is noted as a "special condition" in the City's Scenic Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of way to enhance the visual image of the city to railroad passengers. The Circulation Element of the General Plan notes that Community Theme Corridors "connect Carlsbad with adjacent municipalities and present the City of Carlsbad to persons entering and passing through the community". The EPS has been in this location for nearly 50 years and, in part, defines part of the existing overall community character. The review and certification of Final EIR 03-05 included visual assessment of the desalination facility, recognizing that it proposes to replace an existing oil tank. The Mitigation Monitoring and Reporting Program MMRP implemented by the EIR 03-05 generated certain mitigation measures regarding aesthetics and view impacts from Carlsbad Boulevard and the NCTD railroad right of way. These mitigation measures are incorporated in the MMRP, as referJaeldlm Appendix gfi. Changes proposed to the CSDP as part of PDP 00-02(B) do not trigger any new mitigation measures, as described in EIR 03-05(A). *L_COASTAL RAIL TRAIL The City of Carlsbad in coordination with other cities in coastal San Diego County, is implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail mostly along the railroad right of way. At completion, this regional trail is intended to provide an alternative to freeway commuting along the Interstate 5 coastal corridor. Each city is pursuing individual segments within their jurisdiction based on funding and other factors that facilitate construction. The City of Carlsbad opened its first segment of the CRT along the east side of the railroad tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment southward of this existing portion of the CRT would crosses the SLS's pipe support bridge over Agim Hedionda LagoonAHL and continues south through the Enema- Power S-tationEPS property^ on the east side of the railroad tracks within NCTD right-of-way. Aa alternative to the railroad tight of way alignment may be evaluated: after crossing the •lagoon bridge-southbound, the trail would-align eastward toward to the I 5 freew-ay-along the southern shore of Agua Hodionda Lagoon. The trail would then continue southward along the eastern edge ofNCTD right-of-way within the Precise Development PlaiiPDP property. The trail would continue south west of I 5, into the existing commercial Encina Power Station Precise Development Plan - PDP 00-02(BS(E) August 19. 2069Septeniber-7. 201 lOctobcr 5, 2011 Hofmtm Planning and Engineering Page 26 development located on the north side of Cannon Road. The commercial development accommodates the Coastal Rail TrailCRT alignment through its property and facilitates continued southward alignment to city limits. Regardless of final alignment, the CRT is considered an allowed and supported land use within the Precise Development PlanPDP. It is specified as an allowed use within the PDF in Chapter IV, Development Standards. M, HABITAT MANAGEMENT PLAN The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space resources. The Precise Development PJanPDP area is south and adjacent to the j\gga Hedionda LagoonAHL. Implementation of the Precise Development PlaaPDP will not adversely affect the Lagoon, nor hinder HMP implementation. The PDP is designated as a "Development Area", and lies outside of any existing or proposed habitat conservation areas. The Precise Development PlanPDP will not increase or decrease the amount of open space in the city. Consistency with habitat planning efforts was reaffirmed with the environmental review and certification of Final EIR 03-05, and approval of EIR 03-05(A) for'the GSDP and the MllPfof lie SJM *IL_DEVELOPMENT AGREEMENT - DESALINATION FACILITY A Development Agreement may behas been approved between Poseidon Resources Corporation and the City of Carlsbad. The primary functions of the Development Agreement are to eliminate uncertainty in planning and provide for the orderly development of the Project, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, et seq. of the California Government Code and Zoning Ordinance Chapter 21.70 are intended, the Development Agreement is on file with the City of Carlsbad, in the Planning Division under the filing reference of DA 05-01 (A). The final terms of the Development Agreement may need assessment prior to building permit-issuance for the desalination facility. If approved, the Development Agreement will be on file with the City of Carlsbad, in tho Planning Department under the filing reforoncc of DA 05 01. | T-he-An amendment to the Development Agreement, DA 05-01 (A), ts-was part of the amendment package to entitle the reconfigured site plan for the desalination plant covered by PDP 00-02(B), and related agreement details regarding offsite pipeline distribution and operation not in the PDP. The amended agreement was approved in 2009. Encina Power Station Precise Development Plan - PDP 00-02(BBC) August 19; l|09Septemher 7v 201 1 October 5r20ll Hofman Planning and Engineering Page 27 feL. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION LOCAL • City of Carlsbad/Carlsbad Housing & Redevelopment AuthorityCornrnissiori REGIONAL • San Diego County Air Pollution District (APCD) • Regional Water Quality Control Board (RWQCB) • San Diego County Department of Environmental Health (DEH) STATE • California Coastal Commission (CCC) • California Public Utilities Commission (CPUC) • California State Lands Commission (SLC) • California Independent System Operator (ISO) • California Department of Fish and Game (CDFG) • California Energy Commission (CEC) • California Department of Health Services (DHS) FEDERAL • National Marine Fisheries Service (NMFS) • Federal Energy Regulatory Commission (FERC) • United States Fish & Wildlife Services (USFWS) • United States Army Corps of Engineers (USCOE) Some of these agencies have at their discretion the authority to exercise preemptive jurisdictional regulatory powers over design, facility, and operational characteristics of the EPS, which are not subject to the regulatory powers of the City of Carlsbad or the Precise Development PianPDP. The CSDP is also subject to the regulatory powers of certain agencies noted above. However, the Precise Development PianPDP does not confer any additional regulatory jurisdictional powers upon the City of Carlsbad than it already retains under applicable state and federal laws. Encina Power Station Precise Development Plan - PDP 00-02(Bg€!) August 19. iXlSeptember 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 28 VII.DEVELOPMENT STANDARDS Since much of the EPS was built over 30 years ago, the development standards apply only to new onsite development and/or redevelopment. The proposed development standards will apply as appropriate to future activity requiring entitlements and/or building permits. This chapter reviews and integrates various sources of regulations, requirements, conditions and other provisions. The P-U zoning district, Chapter 21.36, is the primary source of standards and conditions established within the Precise Development PlanPDP. In many cases, Chapter 21.36 does not establish development standards for the P-U zone; instead, Section 21.36.050 identifies a number of conditions that the City Council may impose on the Precise •••Development PlanPDP, such as requirements for setbacks and parking. Other sources of standards originate from related regulations and documents as discussed in Chapter III. The table below and subsequent discussion provides the necessary guidance to review and approve future building permit and entitlement requests within the PDP area. Furthermore, Appendix D lists many applicable ordinances, resolutions and regulations. While not comprehensive. Appendix D is helpful in identifying those documents and standards particular to the PDP area. OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA STANDARD or REQUIREMENT Permitted Uses Conditional Uses Minimum Lot Area Lot Coverage Parking, Loading and Refuse Collection Areas Landscaping DESCRIPTION See Discussion Below See Discussion Below 7,500 square feet 50% maximum See Discussion Below None in front, side or rear setback adjoining street; or 10' within side/rear property line. See Discussion Below See Discussion Below SOURCE of REQUIREMENT Chapter 21.36 - 21.36.020 Chapter 21.36 - 21.36.110; and the PDP Chapter 2 1.36- 21.36.060 Chapter 2 1.36 - 21.36.070 Chapter 2 1.36- 21.36.080; and the PDP Chapter 2 1.36- 21.36.090; and the Applies toPAl X X X X X X Applies to PA 2 X X X X X X Applies to PA 3 X X X X X X Encina Power Station Precise Development Plan - PDP 00-02(BgC) August 19. 2009Sepiemto-7,-20HOctober 5, 2011 Hofman Planning and Engineering Page 29 Grading Architecture and Building Materials Setbacks Parking Building Height Equipment and Storage Tank Screening Lighting STANDARD or REQUIREMENT Precise Development Plan: PDF 00-02|ft Redevelopment Permit- RPfK I^CYt Required Finding of Extraordinary Public See Discussion Below See Discussion Below See Discussion Below See Discussion Below Not to exceed 35 ft To remain reasonable screened by healthy landscaping/planting Lighting Plan approval prior to building permit issuance DESCRIPTION OrrHninrp PS! 0*5 R XXX with Cnnrlitinn'* of building permit or entitlement in P-U Zone first requires approved PDF for property. Rp"n1iitinn 663*5 with {^Rehabilitation, redevelopment; and development activities within SCCRP require redevelopment permit. OrrHmrv^ M*? 77Q in POP Chapter 21.36 - 21.36.050(6); and the PDF Chapter 21.36 - 21.36.050; and the PDF Chapter 2 1.36- 21.36.050(1); and the PDF Chapter 2 1.36 - 21.36.050(11); and the PDF Chapter 2 1.36 - 21.36.050(2); SP 144; and the AHL LCP SP144 SP 144; also see any project Mmitigation mMeasures betew SOURCE of REQUIREMENT Zoning Ordinance, Chapter 2 1.36; SCCRP Section 600 (Ordinance NS-779); Ordinance NS-80'1 and subsequent amendments approved by ordinance. Carlsbad Redevelopment Authority/SCCRP Sections 200 and 600 (Ordinance NS-779) Carlsbad Redevelopment X X X X X X X Applies toPAl X X X X X X X X X X Applies to PA 2 X X X X X X X X X X Applies to PA 3 X X X Encina Power Station Precise Development Plan - PDF 00-02CBEC) August-l-9--2l09Sept€fflt:ser-:7T-2-&H-Oclober 5, 201 1 Hofman Planning and Engineering Page 30 , Purpose-RP required jgDP Requirement Coastal Development Permit Mitigation Measures Final Precise Development Plan utility uses and governmental facilities within the SCCRP require making of this finding. May be required if new development in AHL LCP segment Measures to reduce environmental impacts to less than significant as required bv EIRs and MNDs, Required for Building Permit Issuance Authority/SCCRP Section 600 (Ordinance NS- 779) SGCRP LCP Permit and Appeal Jurisdiction map (on file in the Planning Division) California Coastal Commission - San Diego Coast District Office MMRPs per Final EIR 03-05 for CSDP and other project approvals as applicable. Zoning Ordinance Chapter 2 1.36- 21.36.100 ••tB~m X X X ' ?t X X X 1 X X X Encina Power Station Precise Development Plan - PDF 00-02(BEC August 19. 2Q09Septemher•?;-20-l JOclobcr 5. 2011 Hofman Planning and Engineering Page 31 PERMITTED USES Permitted uses within the PDF shall be based on the following allowances and/or criteria: • Consistency with the PDF, including the existing uses for the subject Planning Area as established by the Precise Development P-lafiPDP" including Chapter II. B. • Consistency with the Carlsbad General Plan, Encina Specific Plan, and Zoning Ordinance, including the permitted uses and structures as outlined by the Public Utility Zone, Section 21.36.020. • Consistency with the South Carlsbad Coastal Redevelopment PlunSCCRP, including Section VI. (600), Uses Permitted in the Project Area. • Consistency with the Local Facilities Management PlunLFMPs for Zones 1 and 3. • Consistency with the Agua HediondaAHL Land Use Plan. • Consistency with the Scenic Corridor Guidelines. • Compliance with all app.lic.abie local, state, and federal permits, including any Coastal Development Permit compliance, if applicable, shall be maintained. • Consistency with applicable environmental documents, including MMR£s._ It should be noted that the EPS is not considered a permitted use within the PDF. It is not consistent with the General Plan or the Zoning Ordinance. Further information about the EPS in relation to land use standards may be found in the Introduction and in chapters I and III of this PDF. In addition to the permitted uses listed in the Public Utility Zone, Coastal Rail TrailCRT alignments, when associated with future entitlement efforts by the City of Carlsbad and implementation of trail planning programs, shall also be considered permitted uses. CONDITIONAL USES Conditional uses within the PDF shall be based on the same allowances and/or criteria as permitted uses, except as modified below: • Consistency with the Carlsbad Zoning Ordinance, including procedures and required findings outlined in Chapter 21.42 (Conditional Uses) and Section Encina Power Station Precise Development Plan - POP 00-02(BB(§) August 19. ffigOSeptemfter 7. 2011 October 5. 2011 Hofman Planning and Engineering Page 32 21.36.110 (Uses and structures permitted by conditional use permit) of the P- U Zone. • Conditional Use Permits approved in accordance with these provisions shall make the required finding that the proposed conditional use is consistent with this Precise Development PlanPDP. LOT COVERAGE The table below reflects compliance with the maximum allowance of 50% lot coverage. The difference between the existing and proposed data reflects the CSDP and SLS. EXISTING LOT COVERAGE - EPS Buildings Paved Area Landscaped Area Unimproved Area Total Acres 11.96 24.42 20.64 38.06 95.08 Percentage 12.58 % 25.68 % 21.71 % 40.03 % 100% PROPOSER LOT COVERAGE § EPS jriih ApprovecMfiP Buildings Paved Area Landscaped Area Unimproved Area Total Acres 14.57 25.50 22.14 32.87 95.08 Percentage 15.3% 26.8% 23.31% 34.6% 100% LOT COVERAGE - Sewer Lift Station Protect* Buildings Paved Area Landscaped Area Unimproved Area . Total Acre's 14.82 26,20 22.65 33.87 97.54 Percentage 15.58% 27.25% 23.67% 33.50% 100% *Based on WT COVERAGE -EPS- with Approved CSDP Encina Power Station Precise Development Plan - PDF 00-02(BSG) August 19.2009September 7, 2011-Ociober 5. 2011 Hofman Planning and Engineering Page 33 PARKING, LOADING, AND REFUSE COLLECTION AREAS • These areas should continue to be visually screened from public view through the use of existing fencing and landscaping. • Loading, storage and refuse collection should be placed to the rear or sides of the building they serve. • Outdoor refuse collection and permanent loading areas visible from public areas should be visually screened, as necessary, to a height up to 10 feet. Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within Planning Area 1 of the Precise Dev-elepment-PlaaPDP. The 174 existing spaces constitute the PDP's baseline parking supply as depicted on Exhibits 8 and 9. The desalination demonstration facility utilizes 23 of the existing spaces onsite, and maximum parking demands of the existing EPS uses require 112 parking spaces. Therefore, the current baseline demand for parking spaces is 135 when combining all existing uses (including the demonstration facility). At full operation, the CSDP will require 13 parking spaces, a number sufficient for plant employees, visitors and vendors. Accordingly, a 22-space parking lot is-pFepesedlias been appmveli on the CSDP site, which exceeds the minimum parking requirement. Once the CSDP is operational, the seawater desalination demonstration facility will be removed and the 23 parking spaces it now occupies will again be available. The 112 spaces required by current EPS uses, combined with the future 13 space parking need required by the CSDP produces a total demand for 125 spaces, which are accommodated by the current baseline of 174 parking spaces plus the 9 extra spaces provided at the CSDP (for a total of 183 available parking spaces). The SLS will not require any existing parking spaces. There will be sufficient asphalt pavement surrounding the SLS to accommodate the maintenance vehicle that will monitor and service the SLS, Because of the unique uses at the EPS, determination of parking needs for facilities within the PDP may require case-by-case basis analysis based on employee numbers, hours of operations, and other factors. In addition, when applicable, the parking standards of Zoning Ordinance Chapter 21.44 shall be followed. LANDSCAPING Encina Power Station Precise Development Plan - PDP 00-02(BBC) August 19. JiifoSeptember 7, 2011 October 5, 2011 Hofman Planning and Engineering Page 34 A landscape plan may be required prior to building permit issuance. The following criteria and objectives shall guide landscape review and implementation: • Landscaping shall be provided per the requirements of Section 21.36.090 of the Carlsbad Municipal code, which requires landscaping with irrigation systems within setbacks, where feasible, • Consistent with the City of Carlsbad Landscape Manual, minimum plant sizes for onsite plantings, where visible to the public, shall be as follows: 15 gallon for trees, 5 gallon for woody and massing shrubs and 1 gallon plants for color and accent shrubs/flowers. • Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of way shall be consistent with the scenic corridor and railroad corridor themes per the Carlsbad Landscape Manual to enhance the visual character of area. • When parking is visible from Carlsbad Boulevard, landscaping shall screen views of parking from passing motorists and pedestrians. • Perimeter landscaping, trees or shrubs that are diseased, dying or removed shall be replaced with similar plants of equal or better screening ability in a timely manner to the satisfaction of the Planning Director. GRADING • Grading in the visible areas surrounding the lagoon and plant should utilize natural contour as opposed to hard, angular or extreme grading concepts, whenever feasible. Any grading should preserve and enhance natural appearances of areas visible to the public to minimize visual impacts. • Grading shall comply with all City and Coastal—Commi ssionCCC requirements. ARCHITECTURE & BUILDING MATERIALS The form and design of any new structures, including the CSDP and SLS. would largely be determined based as a result of the visibility from offsite locations and applicable government requirements. The following architectural guidelines apply only to the EPS's perimeter, and other publicly visible components of the Precise DevelopmeBt PlaaPDP area. • Future buildings and structures, and additions and alterations to them or to existing buildings and structures, should be sited and designed in a compatible manner with the EPS's surroundings, which include the overall Encina Power Station Precise Development Plan - PDF 00-02(Bl(§) August 19. 2009Scptcmtwr 7v30-MOciobcr 5, 2011 Hofman Planning and Engineering Page 35 lagoon and ocean environment, views from scenic corridors, public recreation and open space areas, and established residential neighborhoods. • Building materials and finishes should also reflect compatibility with surroundings. It is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow these guidelines. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with one or both of these guidelines is unnecessary. SETBACKS Exhibits 8 and 9 of this document depict minimum required setbacks for the PDF area. However, similar to the architectural criteria outlined above, it is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow setback requirements. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with setback requirements is unnecessary. All setbacks noted below are required minimums. • Carlsbad Boulevard: 50' setback from the Carlsbad Boulevard right of way is depicted on Exhibits 8 and 9. • Agua Hedionda Lagoon: 50'setback from the property line along the shoreline of the Lagoon. In cases where the top of the bluff is greater than 50 feet from the property line, the top of bluff shall mark the minimum setback from the Lagoon. • Interstate 5: 25' setback from Interstate 5 right of way. Encina Power Station Precise Development Plan - PDF 00-02CBEC5) •August 19. iQpSeplember 7. 20 H October 5. 2011 Hofman Planning and Engineering Page 36 Setback requirements do not apply to: • Future potential Coastal Rail TrailCRT alignments. • Desalination facility pipeline alignments. • SLS pipeline alignments and support bridge. • Reasonable modifications or expansion of existing minor structures and improvements, including fencing and screen walls, utility poles and towers; support structures (i.e., guard stations and aquaculture buildings); detention basins, piping, and underground structures (i.e. oil pumping stations); mandated pieces of equipment (i.e., pollution control facilities) or other minor structures dictated by regional, state or federal agencies; equipment required to support existing operations (i.e. discharge basin, intake system and dredge support equipment); and security measures. • At the discretion of the Planning Director, setbacks for the above facilities may be required for public health, safety, and welfare purposes, such as to allow adequate vehicle stacking or safe site distances. VIII. PUBLIC IMPROVEMENTS A. OVERVIEW Since the provision of necessary public improvements is one of the primary purposes of a Precise Development PerrnitPDP per Zoning Ordinance Section 21.36.010 (3), this overview provides a summary of compliance. Public improvements for the CSDP will be secured through compliance with conditions of approval consistent with permits issued for activities within the PDP area. In addition, EIR 03-05 analyzed certain improvements for environmental impacts and found no significant impacts will result from their implementation. These improvements are described in detail in the EIR document, including on pages 3-28 and 3-29; they are referenced herein to indicate their required implementation for consistency with this PDP. These improvements (using EIR 03-05 references, and also depicted on Exhibit 5 of this document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public parking area. The EIR also addressed improvements regarding Carlsbad Boulevard widening generally south of the PDP boundary, and installing a screen wall and landscaping for the EPS frontage along Carlsbad Boulevard. Encina Power Station Precise Development Plan - PDP 00-02(BB6) August 19. a^Septemher-7-;-3Gt4OcU)bur 5. 2011 Hofman Planning and Engineering Page 37 The proposed SLS will not require any public improvements. As part of the approval of PDF 00-02fB) and RP 05-12(A)'for the EPS and CSDP. appropriate public improvement conditions were imposed along and within the PDF and SP 144. As noted in Section III G. the SLS -has negligible if ...any Growth Management impacts and does not warrant improvements to public facilities. Encina Power Station Precise Development Plan - PDF 00-02(BS(i) August 19. 2009Septembar-7v 2014Octobcr 5, 2011 Hofman Planning and Engineering Page 38 B. OTHER DOCUMENTS - DEVELOPMENT AGREEMENT Another mechanism that may-will generate public improvement enhancements would beis the approval approved ef-a-Development Agreement (DA 05-01 (A)) that involves the City of Carlsbad and Poseidon; the Development Agreement is also discussed in Section HI. JK. within this document. IX. PROCEDURES AND AMENDMENTS A.. €ITY COUNCILPDP APPROVAL OF PRECISE-DEVELOPMENT PLAN In accordance with Section 21.36.040 of the Public Utility Zone, the Precise Development fifePDl requires public hearing approval by the City Council, after recommendation action by the Planning Commission. The City Council approval of the Precise Development PlanPDP on June 13, 2006, validates this document as the official PDF for the subject P-U zoned properties. The Preeise •Development PlanPDP was approved via City Council Ordinance NS-806. B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED USES Any request for building permit issuance or an entitlement within the Precise Development PlanPDP area requires review for consistency with the Precise -Development PlanPDP. Based on the location of the specific request, the Development Standards pertinent to the subject site outlined herein require assessment for compliance. Implementation of this document during building permit and entitlement review will assist the compliance with applicable mitigation measures from EDR. 03-05 and the MMRP for the CSDP, and the MNP and MMRP for the SLS, the Preeise Development Plan PDP and the various other permits and regulations affecting the PDP jurisdiction. Coordination with other agencies may be necessary in certain cases. C. FORMAL AMENDMENTS TO APPROVED PRECISE DEVELOPMENT PLAN Examples of the types of projects or land uses that would require a formal Precise Development Plan PDP Amendment subject to City Council approval are listed below. The list is not all-inclusive; the intent is to provide examples of the scale and magnitude of development that would mandate formal amendment to the PDP. • Construction of a new power generating station and domolition Demolition of the existing station and stackEncina Power StationEPS. Encina Power Station Precise Development Plan - PDP 00-02(Bfig) August 19.2069September-?T-20af)8SI?lr SllJIJ Hofman Planning and Engineering Page 39 • A proposal by a government entity or by a company authorized or approved by the Public Utilities Commission to construct an electrical generating facility that is an accessory use and has a generating capacity of fewer than 50 megawatts^ • Any expansion of the desalination facilityCSDP to accommodate more than 50 MGD (million gallons per day). • Any proposal for re powering, or other technological restructuring of the Encina Power Station or desalination fucilityCSDP. • An amendment initiated by City Council action in order to promote public health safety and welfare relative to operations or uses within the PDF jurisdiction. • Any addition, expansion, major modification or change of use to the Encina Power Station—or desalination facility,—existing power generating—station components, or oil storage tanks, that would exceed the amount of change permitted by administrative approval consistent with Carlsbad's Planning Department Division Policy No. 35 regarding substantial conformance review (see VI. D. below). Formal amendments to the PDP shall be processed in accordance with the requirements of Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City Council approval. Requests for aa formal amendment to the PDP shall be submitted to the Planning Department Division accompanied by necessary graphics, statements and other information including proposed PDP text and exhibits to support the proposal. Pursuant to SP 144, a formal amendment to the PDP also requires an amendment or comprehensive update to SP 144, as determined by the City Council. D. CONSISTENCY DETERMINATION WITH APPROVED PDP Certain improvements, modifications, maintenance activities or other future proposals may be considered minor in nature and found to be consistent with the Precise Development . • In these circumstances, building permits may be issued without formal amendment to the Precise Development PlanPDP. The process to determine consistency with the PDP shall be according to Planning Department Division Policy No. 35, Discretionary Permit Consistency Determination (attached asreferenced in Appendix jj&), as amended from time to time. Encina Power Station Precise Development Plan - PDP 00-02(BE<£) August 19. 20Q9September 7. 201K)ctobcr 5. 2011 Hofman Planning and Engineering Page 40 Approval of a consistency determination may warrant text and/or graphic changes to the PDF. Encina Power Station Precise Development Plan - PDP 00-02CBBC) August 19. iQCfoSeptember 1, 201-1 October 5. 2011 Hofman Planning and Engineering Page 41 X, — APPENDIX ITEMS XII. A; ENC1NA POWER PLAN 144» BACKGROUND HtSTOR¥ XIII. B: DESALINATION PLANT: DETAILED EXHIBITS ANM)RA WINGS XIV. C: CITY COUNGH^ORPINANCE NS-W9 XV. D: CARLSBAD BOULEVARD ANP NQRTffCOUNTll TRANSEHMSTRICT RAILROAD-RIGgF OF WAY: APPLICABL&SGEN1CEXCERPTS XVI..E: HOUSING ANMUEDEVELOPMEEff , COMMISSION RESOLUTION APPROVING 12(A) WITH CONDITIONSX¥ft - F: MITIGATION MONITORING ANP • REPORTING PROGRAM' AS ADOPTED BY- COUNCIL RESOLUTION 2006 156 XVIII. G; PLANNING DEPARTMENT POLICY NO. 35 XIX. H: SP144(JN) - 1; CITY COUNCIL ORDINANCE CS 058 INCLUMNG PLANNING COMMISSION RESOLUTION NO. APPROVING PBP 00-02(B) WITH fe- CITY COUNCIL ORDINANCE CS g*€L.UDINC PLANNING COMMISSION RESOLUTION NO. XXXX Encina Power Station Precise Development Plan - PDF 00-02(BgS) August 19. 2009SeptembeF"?^ 2011 October SllliT Hofman Planning and Engineering Page 42