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)