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
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LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - SP 144(L)
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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
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1 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that
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any applicant of a proposed project within the specific plan be required to prepare a
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comprehensive update of the specific plan; and
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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
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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
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added; 2) Specific Plan 144(L) does not change any general plan land use or zoning designations
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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,
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Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda
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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;
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6) the majority of the pipeline portion of the project within SP-144 would be undergrounded; and
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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
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comprehensive update, including land use and public access; and
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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
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in underline to indicate words proposed to be added with SP 144(N); and
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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
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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
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consider staffs response to previous testimony, and to receive and consider additional
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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
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Commission; and
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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
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Commission of the City of Carlsbad as follows:
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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:
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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.
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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.
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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.
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<- 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.
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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.
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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.
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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
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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.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the _ day of _ 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
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MATT HALL, Mayor
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ATTEST:
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LORRAINE M. WOOD, City Clerk15
., (SEAL)lo
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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