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HomeMy WebLinkAbout2009-09-22; City Council; CS-057; Desalination project changes...EXHIBIT 1 ORDINANCE NO. CS-OS7 2" 3 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ENCINA SPECIFIC PLAN SP 144(H) TO INCORPORATE PRECISE DEVELOPMENT PLAN POP 00-02(6) AS APPROVED BY CITY COUNCIL ORDINANCE NO. re-OSS FOR THE ENCINA POWER STATION AND 7 CARLS6AD SEAWATER DESALINATION PLANT o LOCATED ON PROPERTY NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 9 EAST OF CARLS6AD 6OULEVARD AND WEST OF 10 INTERSTATE 5 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. 11 CASE NAME: DESALINATION PROJECT CHANGES 12 CASE NO.: SP 144(J) 13 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 14 considered a request from Poseidon Resources (Channelside) LLC to incorporate Precise 16 Development Plan 00-02(6) as approved by City Council Ordinance No. CS-058 for 17 the Encina Power Station and Carlsbad Seawater Desalination Plant into Encina Specific Plan 18 144; and 19 20 WHEREAS, said application constitutes a request for a Specific Plan Amendment as shown on Exhibit "Encina Specific Plan Amendment — SP 144(J)" attached 22 hereto and made a part hereof and in the document "Draft City of Carlsbad Specific Plan 144 24 Amended and Restated with Amendment SP 144J" on file in the Planning Department and also and made a part hereof; and 26 WHEREAS, the amendment is proposed to approve changes to the Carlsbad 28 Seawater Desalination Plant; and WHEREAS, changes proposed to SP 144 revise document text with changes shown in strikeout for words to be deleted and underline for words to be added; and WHEREAS, after procedures in accordance with the requirements of law, the City of Carlsbad has determined that the public interest indicates that said specific plan amendment be approved; and WHEREAS, the City Council did on the 15tb day of September . 2009, 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 2 and arguments, if any, of all persons desiring to be heard, said Council considered all factors 4 relating to Encina Specific Plan Amendment — SP 144(J). 5 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 6 ordain as follows: 8 SECTION I: That Specific Plan Amendment SP 144(J) dated August 19, 2009, 9 on file in the Planning Department, and incorporated by reference herein, is approved. All 10 , development of the property shall substantially conform to the plan unless otherwise noted in 12 these conditions. SECTION II: That the findings and conditions of the Planning Commission in 14 Planning Commission Resolution No. 6633 shall also constitute the findings and conditions of 16 the City Council. 17 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 18 19 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 20 published at least once in a publication of general circulation in the City of Carlsbad within 21 fifteen days after its adoption. 22 23 '" 24 /// 25 26 27 /// 28 /// -2- 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of September, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of September, 2009 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY I QEPgg- RONADD R. BALL, City Attorney ATTEST: LORRAINE (SEAL) Encina Specific Plan Amendment - SP144(J) August 19, 2009 J=JL CAMINO REAL Precise Development Plan (with Amendments per POP 00-02(B) to be incorporated into Specific Plan 144) Specific Plan 144 Boundary o Feet 0 500 1,000 J:\Requests\Planning\4103790_09