HomeMy WebLinkAbout2014-06-18; Planning Commission; Resolution 7054
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION
DETERMINATION TO MODIFY A CONDITION OF APPROVAL FOR THE
CARLSBAD SEAWATER DESALINATION PLANT LOCATED ON THE ENCINA
POWER STATION PROPERTY AT 4600 CARLSBAD BOULEVARD.
CASE NAME: CARLSBAD SEAWATER DESALINATION PLANT
CASE NO.: PCD 14-01
WHEREAS, Poseidon Resources Channelside LP, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Cabrillo Power I LLC, “Owner,” and
described as:
That portion of Lot “H” of Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, according to partition map
thereof No. 823, filed in the Office of the County Recorder of San Diego
County, November 16, 1896, as described in Certificate of Compliance
recorded October 30, 2001, as Document No. 2001-0789068, Parcel 4
(Assessor’s Parcel Numbers 210-010-41 and a portion of 210-010-43)
(“the Property”); and
WHEREAS, on June 13, 2006, the City Council of the City of Carlsbad, California granted
Poseidon Resources (Channelside) LLC (“Developer”) and Cabrillo Power I LLC (“Owner”) approval of a
Precise Development Plan and Desalination Facility – PDP 00-02, dated May 3, 2006; and
WHEREAS, on September 15, 2009, the City Council of the City of Carlsbad, California
approved modifications to the Precise Development Plan and Desalination Facility – PDP 00-02(B), dated
August 19, 2006, to reconfigure the approved desalination plant site; modify plant buildings, structures
and locations; consolidate plant uses; and underground related plant facilities; and
WHEREAS, Developer has filed a verified application with the City of Carlsbad for a
Planning Commission Determination on file in the Planning Division, Carlsbad Seawater Desalination Plant
– PCD 14-01, as provided by Chapter 21.34 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 18, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Planning Commission Determination.
PLANNING COMMISSION RESOLUTION NO. 7054
PC RESO NO. 7054 -2-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CARLSBAD SEAWATER DESALINATION PLANT – PCD 14-01, based on the following
findings and subject to the following conditions:
Findings:
1. That due to a recent City Council goal to reimagine Carlsbad Boulevard as a scenic corridor and
changed circumstances which will result in the future demolition of the Encina Power Station
(EPS) and redevelopment of the site with visitor-serving commercial and open space uses,
fencing and landscaping may not be the best long-term option to improving the Carlsbad
Boulevard frontage of the EPS site as required by Condition No. 19 of Planning Commission
Resolution No. 6632.
2. The proposed modification to Condition No. 19 provides an alternative means of satisfying the
condition to install fencing and landscaping along Carlsbad Boulevard in that payment of a fee
for the cost of these improvements essentially allows for a “buy out” option to satisfy the
condition of approval and provide funds that would be earmarked for other permanent
improvements along Carlsbad Boulevard.
3. The “buy out” option continues to fulfill the objective of Condition No. 19, which is to help
beautify the Carlsbad Boulevard corridor and the city’s coastline, and recognizes that changed
circumstances warrant an alternative to installation of the wall and landscaping at this time.
4. The City Planner has determined the project is exempt from the California Environmental Quality
Act (CEQA) because it will not have a significant effect on the environment. This determination
is pursuant to State CEQA Guidelines Section 15061(b)(3) and Municipal Code Section 19.04.070
A.1.c.(1). CEQA Guidelines Section 15061(b)(3) states “when it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.”
Conditions:
1. All conditions of approval contained in Planning Commission Resolution No. 6632 shall remain
in effect with the exception of Condition No. 19 which shall be replaced with the following
condition:
19. Prior to final inspection of the desalination plant, Developer shall have constructed a
decorative screen wall or fence and, where feasible, install landscaping and irrigation
along the entire Carlsbad Boulevard frontage of the Encina Power Station beginning at
the power station’s south boundary adjacent to the SDG&E property and extending
approximately to the north end of the aquaculture facilities adjacent to the power
station’s discharge pond, provided that (i) prior to issuance of building or precise grading
permits for the desalination plant, plans for the decorative screening wall or fence,
landscaping and irrigation, as outlined in the conditions for a Final Landscape and
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Irrigation Plan contained herein, shall be submitted to the Planning Diroctor City Planner
and the Citv EncinoorPublic Works Director for review and approval; and (ii) such
decorative screen wall or fence shall replace the existing fence and shall incorporate, if
determined appropriate by the Planning DiroctorCitv Planner and the City EnginoorPubllc
Works Director, the bridge rail over the cooling water discharge culvert as required by
and conditioned in Planning Commission Resolution No. 66346635 for Redevelopment
Permit RP 05-12(A). Alternatively, prior to release of the grading bond, the Developer
shall provide the Citv of Carlsbad with sufficient funds to pav for the cost of the
improvements described In this condition. The amount of the payment shall be based
on the citv-approved conceptual plans for the screening wall, fence, landscaping, and
irrigation. A cost estimate (using the most current City of San Diego-Development
Services Department Unit Price List) for this work shall be submitted to the Citv Planner
for review and approval. Funds shall be deposited with the City of Carlsbad within 180
davs of the approved cost estimate. The Citv will use the funds for the construction of
landscaping. Irrigation, fencing and/or other Carlsbad Boulevard improvements
associated with the Carlsbad Coastal Corridor proiect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on June 18,2014, by the following vote, to wit:
AYES:
NOES:
Acting Chairperson L'Heureux, Commissioners Anderson, Segall and
Siekmann
ABSENT: Chairperson Black and Commissioner Scully
ABSTAIN:
STEPHEN "H-AT' L'HEUREtJX, Acting Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7054 -3-