HomeMy WebLinkAbout2006-11-14; City Council; NS-819; Approving Precise Development Plan Amendment...1 ORDINANCE NO. NS-819
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN AMENDMENT POP 1(H) TO ALLOW
4 CONSTRUCTION OF NEW BIOSOLIDS HANDLING (HEAT
DRYING) FACILITIES, NEW AIR EMISSIONS/AIR
5 QUALITY FACILITIES, RELOCATED CHEMICAL
STORAGE FACILITIES, UPGRADES TO ENERGY
6 COGENERATION FACILITIES, AND OTHER MINOR
7 MODIFICATIONS AT THE ENCINA WASTEWATER
POLLUTION CONTROL FACILITY, ON PROPERTY LOCATED
8 AT 6200 AVENIDA ENCINAS ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
9 BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3.
10 CASE NAME: EWA HEAT-DRY
CASE NO.: POP 1(H)11
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
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13 considered a request to approve Precise Development Plan Amendment POP 1(H) for the
14 Encina Wastewater Authority Heat-Dry process; and
15 WHEREAS, after procedures in accordance with the requirements of law, the
16 City of Carlsbad has determined that the public interest indicates that said Precise Development
17 Plan Amendment be approved; and
18 WHEREAS, the City Council did on the 7™ day of November 2006, held a duly
19 noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of all persons desiring to be heard, said Council considered all factors
22 relating to the Precise Development Plan Amendment.
23 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
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follows:
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"SECTION I: That Precise Development Plan Amendment POP 1(H), dated
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September 6, 2006, on file in the Planning Department and incorporated by reference herein is
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approved. All development of the property shall substantially conform to the approved plan as28
conditioned.
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Planning Commission Resolution No. 6168 shall also constitute the findings and conditions of
SECTION II: That the findings and conditions of the Planning Commission in
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the City Council with the addition of the following changes:
4 1) Condition No. 18 of Planning Commission Resolution No. 6168 is hereby
5 amended to read as follows: Upon approval by City Council the setbacks/yards,
open space, height and bulk of buildings, fences and walls, landscaping, grading,
6 dedication and improvement requirements, phasing (if any), points of ingress and
egress, and parking proposed by POP 1(H) shall be the minimum development
7 standards for POP 1. Any change to the structures, equipment, or other facilities
on the Encina Water Pollution Control Facility (EWPCF) site from those approved
8 by this POP Amendment (POP 1(H)) which would exceed these approved
development standards, including the placement of a vent stack/tower which
9 would exceed 53 feet in height, shall require the approval of the City Council.
2) A new condition is added to read as follows: The Applicant shall provide
,, copies of the EWPCF "Odor Complaints Log" to the Planning Director on a
quarterly basis. If the Planning Director determines that the number or nature of
12 such complaints is excessive, then the Planning Director shall bring the matter
before the City Council. The City Council may require additional improvements or
13 operating conditions in the public interest and determined to be necessary or
appropriate by the City Council to control odor generated within the EWPCF site,
14 to the extent that such improvements or conditions are not pre-empted by
Division 26 of the California Health and Safety Code, §39000 et seq., entitled "Air
15 Resources".
16 3) Condition No. 8 of Planning Commission Resolution No. 6168 is hereby
amended to read as follows: This project shall comply with all conditions and mitigation
17 measures which are required as part of the Zone 3 Local Facilities Management Plan
and any amendments made to that Plan prior to the commencement of construction.
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4) Condition No. 10 of Planning Commission Resolution No. 6168 is hereby
amended to read as follows: This approval shall become null and void if construction
20 does not commence for this project within 24 months from the date of project
approval."
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
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adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
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fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 7th day of November, 2006, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 14th day of November, 2006, by the following vote:
AYES: Council Members Lewis, Hall, Packard, Sigafoose
NOES: None
ABSENT: None
ABSTAIN: Kulchin
APPROVED AS TO FORM AND LEGALITY
lONAtCJR. BALL, City Attorney
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ATTEST:
LORRA\NJE M. WOOD, City Clerk
(SEAL)