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HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68181 PLANNING COMMISSION RESOLUTION NO. 6818 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDED ENCINA SPECIFIC PLAN 4 144 WITH AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING ON 6 PROPERTY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD 7 BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. 8 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 9 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 10 CASE NO.: SP144(L) 11 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as 13 South of the south shore of Agua Hedionda Lagoon, 14 immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks and extending south to Cannon Road through ^ portions of the properties identified by Assessor's Parcel , , Numbers 210-010-41 and 210-010-42ID 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Specific Plan 19 amendment, on file in the Carlsbad Planning Division, and as set forth and attached in the draft 20 City Council Ordinance, "Exhibit "X," dated October 5, 2011, AGUA HEDIONDA SEWER 21 LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - SP 144(L) 22 as provided by SP 144 (L) and Government Code Section 65453; and 24 WHEREAS, the City Council adopted the Encina Specific Plan 144 (SP 144) 25 on August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly 7f\ZD development of 680 acres of land located generally east of the Pacific Ocean, south of the 27 north shore of Agua Hedionda Lagoon, and north of Cannon Road; and 28 1 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that 2 any applicant of a proposed project within the specific plan be required to prepare a 3 comprehensive update of the specific plan; and 4 5 WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity 5 Sewer Replacement project is appropriately processed as an amendment to, rather than a 7 comprehensive amendment of, Specific Plan 144(L) because: 1) SP 144(L) makes only minor o text and graphic changes to the Encina Specific Plan document, which are highlighted (grey) and 9 shown in strikethrough to indicate words to be deleted and in underline to indicate words to be 10 added; 2) Specific Plan 144(L) does not change any general plan land use or zoning designations 11 within the boundaries of the specific plan, any condition set forth by a previously approved j 3 specific plan amendment, nor does it propose any development other than that proposed by the 14 Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project 15 and described in the Mitigated Negative Declaration; 3) SP 144(L) complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, 17 Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda 18 Land Use Plan, and Scenic Corridor Guidelines; 4) the project improves major regional 2Q infrastructure that cannot be feasibly relocated and it will replace existing facilities which have 21 reached the end of their useful life; 5) the project does not represent a significant new land use; it 22 would improve existing like facilities and would be constructed in generally the same locations as those existing facilities in an existing utility corridor bordered on the west side by the railroad; 24 6) the majority of the pipeline portion of the project within SP-144 would be undergrounded; and 25 7) care has been exercised in the design of the project's above-ground structures such as the26 27 proposed lift station that features a low profile and partially buried structure and the proposed 28 pipe support bridge for the sewer line. As a replacement and expansion of existing, like utility uses in generally the same location and largely underground, the project would not represent a PCRESONO. 6818 -2- new, significant impediment to addressing the issues identified that would be considered by a 2 comprehensive update, including land use and public access; and 3 4 WHEREAS, SP 144(L) includes, for informational purposes only, changes 5 proposed by SP 144(N), which are per approved Planning Commission Resolution No. 6807 and 6 pending City Council approval, makes only changes to text of the Precise Development Plan document, and are shown in strikethrough to indicate words that are proposed to be deleted and 8 in underline to indicate words proposed to be added with SP 144(N); and 9 WHEREAS, at their meeting on February 2, 2011, the Planning Commission jj conducted a public hearing and recommended approval of the project and 12 recommendation of adoption of the MND/MMRP; and 13 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 14 Council and Housing and Redevelopment Commission conducted a public hearing and 15 received testimony on said project; and 16 WHEREAS, at the request of the Planning Director, the City Council and , g Housing and Redevelopment Commission continued the public hearing to a date certain, in 19 order for staff to fully respond to written and oral testimony received concerning the 20 project and the environmental analysis; and 71 WHEREAS, the City Council and Housing and Redevelopment Commission 22 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 23 consider staffs response to previous testimony, and to receive and consider additional 24 testimony; and 26 WHEREAS, the City Council and Housing and Redevelopment Commission 27 remanded the project to the Planning Director to conduct further analysis of the 28 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to schedule the application and revised MND/MMRP for a new hearing by the Planning PCRESONO. 6818 -3- Commission for a recommendation to the City Council and Housing and Redevelopment 2 Commission; and 3 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly4 <- noticed public hearing as prescribed by law to consider said request; and 5 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors o relating to the Specific Plan amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad as follows: 11 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(L), for 14 the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT based on the following 15 findings and subject to the following conditions: Findings: 17 1. The proposed development as described by the Specific Plan SP-144(L) is consistent 18 with the provisions of the General Plan in that the development proposed for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project, as described in the Mitigated Negative Declaration, is consistent with the 20 applicable General Plan land use designations and policies. The proposed development consists of a sewer lift station, pipe support bridge and pipelines 21 (sewer, recycled water, and potable water), which complies with General Plan land use designations and goals to ensure adequate public facilities and economic growth 22 to sustain Carlsbad's quality of life. Further, the Encina Specific Plan 144 provides all specific plan standards in a single, comprehensive document, which helps facilitate the General Plan goal to ensure the timely provision of adequate public 24 facilities and services to preserve the quality of life of residents. 25 2. SP 144(L) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it: 1) does not propose any changes to existing general plan 26 land use or zoning designations; 2) does not alter any condition set forth by a 27 previously approved specific plan amendment to regulate the Encina Power Station; 3) authorizes only development proposed by the Agua Hedionda Sewer Lift Station, 28 Force Main and Gravity Sewer Replacement project, for which a Mitigated Negative Declaration (MND) has been prepared, and 4) provides a single, comprehensive document that contains all pertaining rules and regulations set forth PCRESONO. 6818 -4- by previously approved specific plan amendments and the contents required by 2 Government Code Section 65453. 3 3. The proposed specific plan amendment is consistent with the Local Coastal Program in that it does not change any land use designations of the Agua Hedionda 4 Land Use Plan, authorizes development (the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project) consistent with the Land Use Plan, and provides the pipe support bridge over the Agua Hedionda Lagoon that is 6 being designed to accommodate the Coastal Rail Trail, a separate, future project in this area, which will allow pedestrians and bicyclists recreational opportunities that 7 further Coastal Act policies regarding public access and use of area features, such as Agua Hedionda Lagoon. 8 4. Specific Plan 144(L) provides assurances that all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement JQ those portions of the capital improvement program applicable to the subject property in that the proposed project does not include residential, commercial or industrial land 11 uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Furthermore, project 12 operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as libraries or emergency services. Replacement 14 of the existing sewer lift station and force main is designed of a size adequate to convey the future anticipated build-out demand of the service area. 15 5. Appropriate measures are proposed to mitigate any adverse environmental impact as 16 noted in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. , o 6. Specific Plan 144(L) will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that it incorporates the land 19 use designations of the General Plan. 20 Conditions; 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 23 General 24 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 25 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 future building permits; deny, revoke, or further condition all certificates of occupancy 2y 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 28 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Specific Plan Amendment. PCRESONO. 6818 -5- 2. Staff is authorized and directed to make, or require Developer to make, all corrections 2 and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur 3 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 <- 3. Prior to approval of the Specific Plan Amendment, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal 5 Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning 7 Director. If the approval is substantially different, an amendment to the Specific Plan 144 shall be required.8 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), RP 10- 10 26, 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, 6817, 6819, 6820, 6821, 6822 and 6823 for those other approvals incorporated herein by reference. 12 5. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 14 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program. 7. As a condition of this approval, applicant must comply with the requirements of all 17 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. 18 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Specific Plan reflecting the conditions approved by the final decision-making body. 20 9. Developer shall include, as part of the plans submitted for any permit plan check, a 21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the Mitigation 22 Monitoring and Reporting Program). 10. 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 24 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 25 26 27 28 PCRESONO. 6818 -6- 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 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 "HAP" L'HEtjREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST:ax DON NEU Planning Director PCRESONO. 6818 -7- Exhibit "X"-SP144(L) Octobers, 2011 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN 3 AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE ENCINA POWER 4 STATION, SEWER LIFT STATION AND ASSOCIATED PIPING ON PROPERTY LOCATED NORTH OF CANNON ROAD, 5 SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL 6 FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 7 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 8 CASE NO.: SP 144(L) 9 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 10 considered a request to incorporate Precise Development Plan 00-02(C) for the Encina Power 11 Station and Sewer Lift Station into Encina Specific Plan 144; and 12 WHEREAS, said application constitutes a request for a Specific Plan 13 Amendment shown on Exhibit "Encina Specific Plan Amendment - SP 144(L) attached hereto 14 and made a part hereof; and 15 WHEREAS, the City Council of the City of Carlsbad has reviewed and 1" considered Specific Plan Amendment SP 144(L) for the Encina Specific Plan; and 17 WHEREAS, changes proposed to SP 144 makes only minor text and graphic 1 8 changes to the Encina Specific Plan document, which are shown in strikethrough to indicate 19 words to be deleted and in underline to indicate words to be added; and 20 WHEREAS, after procedures in accordance with requirements of law, the City 21 Council has determined that the public interest indicates that said SP 144(L) be approved; and 79 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 23 Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to 24 consider Specific Plan Amendment SP 144(L), and adopted Planning Commission Resolution 25 No. 6755, recommending approval of Specific Plan Amendment SP 144(L); and 96 WHEREAS, the City Council did on the day of 2011, hold a 27 dully noticed public hearing as prescribed by law to consider said request; and 28 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 WHEREAS, at said public hearing, upon hearing and considering all and arguments, if any, of all persons desiring to be heard, said Council considered relating to the Specific Plan Amendment. NOW, THEREFORE, the City Council of the City of Carlsbad does follows: SECTION 1: That the above recitations are true and correct. SECTION II: That Specific Plan Amendment 144(L) dated October 5 file in the Planning Department, and incorporated herein by reference, is approved. shall constitute the development plan for the property and all development within the shall conform to the plan. testimony all factors ordain as ,2011, on SP 144(L) plan area SECTION III: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6818 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its 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 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 201 1 , and thereafter. •/// /// /// /// /// /// /// /// -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the _ day of _ 201 1 , by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 „ APPROVED AS TO FORM AND LEGALITY 8" RONALD R. BALL, City Attorney 10 11 MATT HALL, Mayor 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk15 ., (SEAL)lo 17 18 19 20 21 22 23 24 25 26 27 28 -3- Exhibit X-SP 144(NHi) September 7, 2011 City of Carlsbad Encina Specific Plan 144 Amended and Restated with Amendment 144(K8li), per City of Carlsbad Ordinance No. CS-i48XXX, adopted on XXXMay 24, 2011 (*Note: The amendments associated with PDF 00-02(C) only are back-shaded. The amendments shown that are not back-shaded were previously presented to the Planning Commission as PDF 00-02(E). They are included here for informational purposes only, and are pending City Council action.) City of Carlsbad Specific Plon 144 (os amended and restated by Ordinance No. CS 148XXX with 144(KN)) I. INTRODUCTION A. PURPOSE The purpose of this Specific Plan (SP 144) is to (i) set forth the existing land uses and land use regulations applicable to the area of Carlsbad which includes the Agua Hedionda Lagoon and certain areas near the lagoon, including the Enciha Power Station: and (2) maintain the conditions and regulations of previous Specific Plan Amendments A through K & N. Pursuant to Carlsbad City Council Ordinance CS 148 the purpose of this amendment to Specific Plon 144, described as Specific Plon 144(K), is ••k - Incorporate the proviGions of Carlsbad Municipal Code (CMC) Choptcr 21.200 Connon Rood Agriculture! ond Open Space (CR A/OS) Zone into Specific Plan 144. 2-. - Revise Exhibit C to identify lands within SP 141 which ore subject to "Proposition D — Preserve the Flower and Strawberry Fields and Save Taxpayer's Money" and the Cannon Road Agricultural/Open Space (CR A/OS) Zone. 3r. - Maintain the conditions and regulations of previous Specific Plan Amendments A through H. B. HISTORY Specific Plan 144 (SP 144) was originally adopted in City of Carlsbad Ordinance 9279 on August 3, 1971. The purpose of the Specific Plan was to provide rules and regulations for the orderly development of 680 acres of land located East of the Pacific Ocean and South of the North Shore of the Agua Hedionda Lagoon, and North of what is now Cannon Road, and provide design and development guidelines for the expansion of the power plant, then owned by San Diego Gas & Electric Company. The property covered by the original Specific Plan 144 was described in Ordinance 9279 as: Encina Specific Plan 144flJI) Cannon Road Agricultural/Open Space Zone pursuant to Proposition "D Preserve the Flower and Strawberry Fields and Save Taxpayer's Money Specific Plan Boundary Precise Development Planning Area •-- ,.. S» ill,!•:<•«.'••' A J:\KttflmasfUnnnguH Specific Plan 144 Specific Plan 144 Boundary Map Exhibit A General Plan Land Use: OS Open Space RH High Density Residential T-R Travel/Recreation Commerical U Public Utilities Precise Development Planning Area Cannon Road Agricultural/Open Space Zone pursuant to Proposition "D" - Preserve the Flower and Strawberry Fields and Save Taxpayer's Money J:\RequestsVlanning\417527S_09 Specific Plan 144 General Plan Map Exhibit B Zoning: OS Open Space P-U Public Utility R-A-10000 Residential-Agricultural Zone CR-A/OS Cannon Road Agricultural/Open Space Zone \ Precise Development Planning Area Cannon Road Agricultural/Open Space Zone pursuant to Proposition "D" - Preserve the Rower and Strawberry Fields and Save Taxpayer's Money J:\Requests\Planning\4175279_ 09 Specific Plan 144 Zoning Map Exhibit C