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HomeMy WebLinkAbout2011-12-13; City Council; CS-167; AMENDING ENCINA POWER STATION DEVELOPMENT PLAN...1 ORDINANCE NO. CS-167 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER 3 STATION PRECISE DEVELOPMENT PLAN PDP 00-02 TO APPROVE THE SEWER LIFT STATION AND ASSOCIATED 4 PIPING (SLS) PROPOSED AT THE ENCINA POWER STATION (EPS), 4600 CARLSBAD BOULEVARD, IN LOCAL FACILITIES 5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, 6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE 5. 7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 8 REPLACEMENT PROJECT CASE NO: PDP 00-02(C) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the City Council did on the 6- day of December 2011, hold a dully 2^ noticed public hearing as prescribed by law to consider said request; and 2y WHEREAS, said application constitutes a request for a precise development plan 2g amendment consistent with Chapter 21.36 of the Municipal Code as shown and described in the WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a request to approve an amendment to the Encina Power Station Precise Development Plan, PDP 00-02, via application Precise Development Permit 00-02(C); and WHEREAS, the amendment is proposed to approve the SLS; and WHEREAS, changes proposed to the PDP 00-02 makes only minor text and graphic changes to the Precise Development Plan document, which are shown in back-shaded strikethrough to indicate words to be deleted and in back-shaded underline to indicate words to be added; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said PDP 00-02(C) be approved; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission Resolution No. 6817, recommending approval of Precise Development Plan PDP 00-02(C); and 1 "Encina Power Station Precise Development Plan PDP 00-02(C)" document, dated October 5, 2 2011 as Exhibit "X," and incorporated herein by reference and on file in the Planning 3 Department; and 4 WHEREAS, at said public hearing, upon hearing and considering all testimony 5 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 6 relating to the Precise Development Plan Amendment. 7 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: SECTION I: That the above recitations are true and correct. SECTION II: That Precise Development Plan PDP 00-02(C), dated October 5, 2011, on file in the Planning Department, and incorporated herein by reference, is approved. PDP 00-02(C) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION III: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6817 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. // // // // // // // -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 6* day of December, 2011, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of December, 2011, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Blackburn and Packard. NOES: None. ABSENT: Council Member Douglas. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY R. BALL, City Attorney ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -3- CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-167 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No.CS-167 is to be considered at the City Council Meeting to be held on the 13th day of December 2011. 2.) That a certified copy of the full text of Ordinance No.CS-167 was posted in the City Clerk's Office on the7th day of December 2011. 3.) North County Times on the 10th day of December 2011. Name and Title Dated: (Seal) Certification of Posting and Publication of Ordinance No. CS-167 Page 2 4.) That Ordinance No. CS-167was adopted on the 13th day of December 2011. 5.) That a certified copy of the full text of Ordinance No. CS- 167showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 15th day of December 2011. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast Newspaper on the 23rd day of December 2011. Dated: (Seal)