HomeMy WebLinkAbout1975-10-07; City Council; 3482; APPEAL OF PLANNING COMMISSION'S DECISION ON NEGATIVE DECLARATION FOR ENCINA POWER PLANT TANK #7 EIA 300| APPELLENT: CARLSBAD COMMUNITY CAUSEe \
CITY OF CARLSBAD -I^_-_____-
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* ' &G&4DA BkLL 80. - 3#fz --- Dept. Hd. October 7, 1975
Planning
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0 E FART?fE NT : City Atty \By
City Ngr.
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SUBJECT: Appeal of Planning Commission's Decision on Negative Declar for Encina Power Plant Tank #7 (EIA-300)
-- Appellent: Carlsbad Community Cause
II- Statement of the Xatter
SDG&E has submitted an Environmental Impact Assessment for a grading which would allow for the construction of a 450,000 bbl fuel oil stor tank at the Encina Power Plant facility.
(i.e. PUC, Regional Coast Commission, EPA) determined that grading pe would not have significant adverse environmental impacts. (Ref. Sec. 19.04.130 CMC).
The Planning Commission held a duly noticed public hearing pursuant t the City's Environmental Protection Ordinance after Carlsbad Cornmunit Cause appealed the Planning Director's decision to issue a negative d tion for the Encina Tank. During the September 10, 1975 public heari su6stantial testimony was offered by representatives of Carlsbad Comm Cause and representatives of SDG&E. The testimony offered by Carlsba CommunTty Cause was directed at the requirement for an Environmental Report not only for the tank but for the entire Encina Power Plant fa SDG&E representatives stated that the issue was the environmental sig of a gradtng permit for construction of a tank approved as part of th Specific Plan for the Encina Power Plant facility.
After staff reports and the foregoing testimony, the Planning Commiss
a negative declaration for the grading permit.
Ex-hi bi ts :
Staff Report of September 10, 1975 with attachments Minutes from Planning Commission September 10, 1975 Meeting Resolution No. 1189
Recommendation: It is recommended that the City Council concur with findings of the Planning Commission and uphold the decision to issue i negative decTaration for the gradtng perm-it associated with Encina Tat #7.
Council action The appeal was denied and the matter returned to stafl 1.0- 7- 75 preparation of the necessary documents.
The Planning Director after analysis and review of previous public ac
. upheld by a vote of 6-1 the decision of the Planning Director to issu
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, MEMORANDLiM .<
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: APPEAL OF THE NEGATIVE DECLARATION FOR ENCINCA
i POWER PLANT TANK #7 (EIA-300)
' APELLANT: CARLSBAD COMMUNITY CAUSE 3831 Margaret Way Carl sbad
BACKGROUND:
SDG&E has submitted an Environmental Impact Assessment for a grading permit which would allow for the construction of a 450,000 bbl fuel Oil Storage Tank at the Encina Power Plant faci 1 i ty .
The Planning Director after anaiysis and review of previous public actions (i.e. PUC, Regional Coast Commission, EPA) determined that grading permit would not have significant adverse environmental impacts. (Ref. Sec. 19.04.130 CMC) .
The City's Environmental Protection Ordinance (Ord. 1150) provides that any decision of the Planning Director to ~SSIUP a declaratioii of nonsignificant (negative) etiviroiimental effect may be appealed to the Planning Commission. The Planning Commission's determination is then appealable to the City Council (Sec. 19.04.740, Appeal CMC).
days after the required posting period. The appeal then shal be set to public hearing, notice of hearing published in a newspaper of general circulation and posted on the Council Chamber doors.
Carlsbad Community Cause, a citizen's organization, has appea' the Planliirig Director's decision to issue a negative declarat. for a grading permit which would allow SDG&E to install a 450,000 bbl fuel oil storage tank at the Encina Power Plant Facility. A copy of the appeal letter and the appellant's subsequent statement has been attached.
A project description, location map, the environmental -impact assessment questionnaire (EIA), the negative declaration and an analysis prepared by City Staff have also been attachec
DISCUSSION OF ENVIRONMENTAL SIGNIFICANCE:
The critical issues with the appeal are:
Appeal of a negative declaration must be made within five (5)
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1. Did the Planning Director adequateiy examine
2. Was th2 declaration of non-significant effect the potential impacts of the project?
substantiated?
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Memo to Plann-ing Commission Encina TaRk #? EIA Appeal
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The first stage of environinental review is submission of the EIA by the applicant. The Planning Dfrector has three options in acting on an EIA: to issue a negative declaratio to requitle an EIR, or to require further study. In this instance, further study was opted for.
Xn studying the project, six potential impacts were analyzed (see Staff Analysis ciaied 8-18-75). The
Planning Director’s concfvsion: was that none of these identa!fied concerns would have a significant adverse effect within the meaning of the California Env;ronnental Quality Act and the City’s Environmental Protection Ordinance.
The P’lanning CSvector consi.dered an EIR for the Encina Power Plant 5th Genersting Unit, which was submitted to and certified by the California FEblic Utilities Comrnissior! (PUC The PUC acted as lead agency for Encina #5. The EIR discuss impacts that pertained to oil spill potentials.
The San Diego Regional Coast Commission in their analysis on tank #7 project addressed the identified impacts, especia’ air quality, aesthetics, tanker traffic and grading disposal The Commission found cfter thorough study that the project wolild result in no significant adverse en1:ironmental effects An appeai of The Regional aec-ision on the project whts sub- mitted to the State Commission. However the appeal wa; not granted because in the State Commission’s opinion, the grounds for appeal could not be substantiated.
RE C OMM EN D AT I 0 N :
The Planning Commission has three alternatives in acting on the appeal: 1. It may uphold th.2 Planning Director’s determinz 2. It may reverse the Planning Director’s dec.i‘sior
3. It may find that additional study is necessary and require the preparation of an EIP,;
prior to making a final decision on the Planning Director’s determination. Staff recoinmends that the decision to issue the negative declaration be upheld for the following reasons:
1. Based on the findings of the Federal Environmer Protection P,gency the impacts of air pollution wi’ll not be so significant so as to cause adverse effects on Air Quality. 2. That the findings of the Regional Coastal Commission of the Publ-ic Utilities Commission
: on the potential impacts on’grading, tanker traffjc and barge traffic would not cause a significant adverse environmental effect.
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I Memo to Planning Commission Encina Tank #7 EIA Appeal Page 3
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n 3. That the’project vi111 be recessed and surround1
by an earthen berm with appropriate landscapin so as not to cause negative impacts on views f adjoining roadways.
4. That the project will be so constructed so as to minimize and/or negate impact on the surrounding lands including the Agua Hedionda Lagoon. 5. The project meets the criterion for a negative declarati2n as set forth in the California Environmental Quality Act and the Carlsbad Environmental Protection Ordinance.
ATTACHMENTS:
EIA submitted by SDG&E Negative Declaration - Pub1 ished 8-21-75, posted 8-18-75 Analysis prepared by City Staff - 8-18-75
Appeal Statement from Carlsbad Community Cause.
Location map and plot plan
Appeal letter from Carlsbad Community Cause
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b’ --- ENUTROWbtEKTA: IMPACT --~ ASSESSIlENT FORM . . ’ .‘
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, .. Date: Augu’st 7* 1924;
Name of Applicant: -- ’ >. San DiegG Gas- 8c Electric ~,-^ Coinpamy
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’, Address: 101 A.sh Street, .Sari Dieqo, ‘California 92101 ..
Permit Applied For: ’. G:cadinp and Suhsesuent Buiidi‘na. Permit
case Nos.:
Location of Proposed Activity:. Thk Tank Site is to be ’situated betv
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th.e AT?&‘ FLR-and hteerstate 5 and Cannon Road and the’Agua
Hedionda Lagoon as shown on San Diego Gas & Electric Cornpan3
approved -Specific Plan. on -file with ~ty of Carisbad,
I.; ~ive a brief description OF the ijropfised .;ctivity (attacii avy The proSect consists of
excavzting i42,OOO su.yds. frorr! the-pm ject srte, const1
me 450,OOO bbl fuel bil.storage tank 2nd consfzy.cting E
Scaping berm. Grading, building and. landscaping plans i on file with the Ciby of Carlsb.ad;
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I’, ’ Background Information:
. preIirnfnary development plans).
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*. 2. Describe the actiwity wea, l”nc1irding dist5ngu;shing nitural and manmade characteristics; a1 sp provide precise slope analysis hen appropriate.
‘ The site 1s generally flat, havlng been graded a number years ago, A portion of $he 1-andscape b.ei.;l Tor the new site was constructed as part of the 1.andscape berin for t existing tank irimediateely southerly =>f the project s%te,
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ErIVIRONPlENTAL _I_ IMPACT .ASSESS,-bL * T FORM . ,. ..
.. ' . 11, Environnental ~mpact Analyseis .
- , Answer the following questions by placing..a check in the appropriate space.
e 7 Yes
I. . Could the project significantly changi prksent land uses
2. Could the 'activity af.fect the use'of a recreational
3: Could the activity affect the functioning of am '
4. Could the activity result in the displacement 'of . com~u n i ty res i d en ts ?
5. Are any of the natural o'r man-made features in the a.c:tivfty
.. in the vicinity of the activity? .. -
area, or area of important aesthetic value?
established community or neighborhood? t
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, area unique, that is, not found in other .parts of the
6. , Could the activity significantiy affect; a historf-. PSI or.
.. County, .State, or nation?
_- . archzelogical site or its setting?
.. 7* Could the actr'vi ty signif l'cant'ly iffect 'iiie..prtents"al
. .use, extraction, or conservation of a scarce natural res-
Does the activjty area serve as a habitatp food source nesting place, source of watevo etcc. for rare or endangered
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. ' 9. Could the activity significantly affect f-fsh, wilcijjfe (31-
.. 10. Are there any rare or endangered plant species -in the
1'1. Could the activity change existing features of any:of
12. Could the activity change existing features of any of
I& Could the actjvity result in the erosfon or elfmination' of agri cuf turd1 1 ands?
14, Could the activity serk to encdurage developmini of presently urideveloped areas or intensify devel oprinf;
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plant life? ..
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.. activity area?
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the city's lagoons, bays, or tidelands?
the City's beaches? ..'
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.,Y of already developed areas? 7
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15. Will the activity Yeqg-ire a vafiarrce froii established environmental
Will tne activity require ecrtificaticn, authorization or issuance
standzrds (air; water, noise, etc)?
’ of a permit by any local, State or Federa-l environmental control
agen-cy? 5- -J--J. .. 7
17. t!l’lS the activity requjre issuance of a var-iance or condi;tl:onal use permit by. the City?
18,. MilJ the a.cts’vfty involve the application,‘use, or- disposal .. ‘of potentiall jt hazardous materials? ‘
19. ~i11’ the activity jnvo’ive construction of facilities in a f~ooci plain? c__I
25 percent or greater? . _I_
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20. Will th2 activity involve construckion of facilities on a slope of ..
21. Mill’ the activl’ty n’nvblue construction of fa.c$Iftles jn f;he area of an active fault?
22. Could the activity result *in the generation of signfficant
amounts of noise? . --
23. Cauld the a.cts”vit.y result r’n the genemt$ou of sSgr1ifScin-t
amounts. of dust? --
24, Nil1 the activl’ty involve the burving-of brush? treeso or other materi a1 s?
.quality of my portion of the regioais air OP water resources?
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- 26, Will there be a.“significan% change to existing land form? . i v-
(a) indicate estimated grading to be done in cubic yards. -. 142,000
’ -(b) percentage of alteration to the present land form, .. . .. .. . . ._-
a. * (c) irriixirnu~ her’ght of cut.or fill’ sPopeS. . ad:- ..
29, W~II trle act+vity resuit in substantial jrrcrreases fn the use of uti~~tie
.. , sewersp drafns or streets? .. -
6x1. State of No Significant Environmental Effects
If you have answered yes to one or more of the qucs’tidns in Section 11: but yo think the activity will have no significant environmental effects: indicate y reasons b?loi.r: The tank project will not have an adverse environrner pact. The tank Is.below eye-level and wel.1. screened from puhllc T Planning Comdsslon and’ City Council approved this tank in the5r of OUIP Specific. Plan. The la.ndscaping will.provide a. pleasant; ae:
improvement to the. area: The EPA has issued an air quality permil
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- Coastal Commission lim issued..us a p.emit. ... :. .
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IV; c Goments or Elaboration5 to Any of the Questions in Section TI,
(If additional space is needed for answering any questions,' attach addition
sheets as may be needed.)
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. .(Person compl eti ng report 1 ' Signature '
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Date Signed:
Conclusions (To be completed by the Plannhg Director). Place a check
in the appropriate box.
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1 '7Q Further information is requa'red,
Et has been determined that the project wjll not have sfgnfficant
environventA effects. ( ) You must submit a pre? iminary environment impact statenent by the following date m [ >' You
should make an appointment with the Planning Director to discuss . further processing of yaw project, in accordance with Chapter i9.04
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DATE KECEIYED: A* *> \.\ 1 \c7q - y)v ~ A2\(;-.-yTj,; .. I
. . BY: I' /A .. Planning Dir ctor, orz
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a. .' I. .. .. . '.. Revised 7/3/74.
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.L UNITED STATES ENVIRONMENTAL, PROTECTION AGENCY
REGION IX
* 100 CALIFORNIA STREET
. SAN FRANCISCO. CALIFORNIA 941 11
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San Diego Gas 8 Electric Co.. Attn: J. Dietz F. 0. BOX 1831
Dear Mr. Dietz:
In accordance wl'th provisions of the Clean Air Act, as amended (42 US6 1857 et seq.), the Environmental Proteectiion Agency has reviewed the applicatiz submitted by the San Diego Gas & Electric Co. to construct a new 450,000 barrel floating rocf storage vessei at the Encina Power- Plant, Carl sbad, Caf ifornia.
A request foan public cement regarding- EPk's proposed aet.fon OR the above application has been published. After consideratfon GF the ex~ressed view of a11 interested persons, includiilg State znd ?oca? aGencies and perti ner.t Federal rtat.!ites and regui atl'ans 9 the eiic'rozed Authority tc Construct/Modify a Stationary Source has been issued for the Fact 'i i-ty described above. This action dces not canstci tute a significant change from the proposed action set forth and offered for public comment.
notice e
Sari Dieyo CA 921R 6
Authorization to Construct shall take effect on the date of this .
.. . Sincerely,
... q fi ..,k.r;: + : ; I it. @j;:bLt< kc/ ) /'
Frank M. Cauington, Direceoy Air 8 Hazardous Materials .Division -..
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'%. : * .. Enclosures
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Authorization to Construct/Hodify
a Stationary Source ..
In compliance with provisions of the Clean Air Act, as
One (I) new 450,600 barrel
anended (42 U.S.C. 2857 et %.), the Szan Diego Gas & Electric Co. is authorized to construct: floating roof storage vessel for use in storing low sulfur
application and with the Federal regulations goverhing Review of New or Modified Sources (40 CFR 52.233(g)) and oL* Lner condi-
tions attached to this docunent and made a part Of this auths- Yiza t ion.
' fuel oil in accordance with the plans submitted with the
Failure to comply with any condition or term set forth
in this authorization shall constitute ir, violation of 40 CFR 52.233(g) c a federally promulgated portion of the California
State Implementation Plan, and wi.S.1 be considerp-6. grounds foj: enforcement action pursuant to Sectisrt 3.13 of the Clean iiix Act 0
This authority to construct a statlonzry source grarrts no relief from the responsibility for compliance with any
other applicable provision of 40 CFR P3;rts 52, 60 and 61 0% any applicable Federal, State, or laca2. regulationso
This authorization shall become effective iwtediat.elyc
For the Regional. hdministsator
7 sq
Dated: 7 -qGJ ,/- q < 3, L4 ,__ ,I J, /l! (%?.4!9&4/. BX# Prank Me Covington, Dirptor Air k Hazardous Mate%ig5~.s Division
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.. CXTY .OF CARLSBAD
EF4.V XR Q NM EN TA L P ROT E[: T 1 0 I\I 0 R D Z Id AN C E
DECLARATION OF NEGATIVE CNON-SIGNIFICANT) ENVIRONMENTAL EF - I- -
APPt r CAMTr $an Digga Gas and Electrjc 101 Ash Street San Diego, CA
TYPE OF APPLKATJVN;
PROJECT DESCKFPTIQM:
Grading petkit $0~ T~II~ #T at the ~nc~na PGW
Excavation of 142,QCiO'cu yds of dtrt fn orde construct a 450,000 hh'l fuel oii storzge tan instal 9 a landscaped berni,
Northwest of the $ntcrsectdon of 1-5 arid Can (SEE ATTACHED MAP 1 PROJECT LQCATFOM:
I declare %kat I: have examined the information for the above pi-oje suhmi'tted by the app'lp'cm-int 5 and on the basis ~6 thz Env-irofimcnt3-j A%-sessme.nt cpest-i'o~r~aire on file in ny office GS 2 pubfjc dociimerit I? mgr det~mT~atBn tKat this project will not hawe a ~:gnmc,~ni ( bn the environment' wfth-ri'ri the. meaning of the Caiiffsrnia EnvZu:a~im~-~
Quality Act and the Environmental PrOteCt.i"on Cirbinz~ce. rj? 1372 for following reasons:
The project wT'rB1 have a negl-igihlc irripact 013 vege'iatfc wildlife, archaeology and communtty services.
NQ special SOfl conditisas exist nh.3ch wairirl prcjhfbff: project.
The Environmental Protection Agency h8s stated thzt rti will not exceed established a5t. quality stsndards.
The tank will be placed below grade and obscured k~t i: scaped berm to rnininiize aesahetic -inpac'is.
The pi-ohability of an.o<'D Spt'iI restl?tirro fi-sm i'ncreas
- FOR FURTHFH ANALYSIS OF TifFSE X§SU.E,:f,, SEE THE ATTACHED DjS
The Environmental Impact Assessment will bc av;ri'fzh?e fGr puhiic I-c
and comment For FIVE DAYS from the date below.
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tanker traff.l"c r"s remote. .4
Q-QlCFA\,\& ROMALD A. AGATEP p PI annf rid
c LOG NO.: -I__ 360 BATED:-. \q7 L I
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STAFF ANALYSIS *I
* August 18, 1975
PROJECT: Enviornmental Impact Assessment for grading permit allow construction of Tank #7 and related landscar
-at the Encina Power Plans s.ite
I.. Project Description: The project invcjives the excavatio
142,000 cu yds ofirt, constrution of a 450,000 Gbl fue storage tank and construction of a landscape berm.
TI. Discussion:
A. Soil Conditfcns: A soils investigation was conduct 7974 By Senton Engineerfng, Inc., for the Tarik #7 s Tlieir report indicates:
Tkt? eXfSthg SOi'ls heated 19 feet below *he e. grade in %he area of the proposed tank will prc excel lent support for the structure.
Calculations based on shear tests performed OK undisturbed soils bensath the finish grade giv~ aiImaF'!e bearing pressure of 8Q5G 15s. per S-1 footimjs at least one foot beneath the urjdfstul nqtural ground surf~ce.
3, Stnce. the. total wei'ght of soils to be removed f rnaxxhurn loading which vt-ilf be imposed by the t, na lang term settlement is anticipated.
4.. A11 Excavated so791 ~fll be satfsfzctory for ffl compacted to at last 90% of the maxiniun dry de
Composite cut and f'iS1 slopes up to 33 feet hfc the area of the tank will have a safety factor least 2 when constructed at a stope of I%:? or
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_- flatter.
B. Disposal: The excavated ssi.7 is, proposed *GO be. dep~ an uninhabited area of' the County. Consequentiy, tti County of San Diego will have the responsibiifty of mining the environmentiil requirements for that phase the project. Transport of ihc excavated fill should pose any problems.
C. Need: The tank -is pianneci to increase the total sto capacfty of SDG&E by 0,45 millfon harr.eSs to 3.75 mi barrels. This additional supply is needed because o Encreased consumer demand and an increasing requireni for fuel of1 in generation of electricity. Much of a,dd?tional storqe Yil! be to meet the needs of the
at the Encina Plant and shipped by barge when needed South Bay Generating Plant. The fuel oil is to be s
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the 24th Avenue Terminal.
D. Air ualit : The hydrocarbon ernmission rates from & estimated to be 0.0283 tans per day, assuming one heating cycle and withdrawa? loss
per month. Quality Standards have been set at 24'parts per mil hydrocarbons (or, roiqhly 54 tons per day),
The proposed tank has a floating roof design which substantial ly contra7 s 1 eilkage: over the older cone, roof design.
The U.S. Environmental Protection Agency hzs issuer authorization to construct the tank. fn granting authorization the EPA found that the applfcation mr requirements of the C'lean Air Act, as amended (42 I
1857 et seq.).
E. Aesthetics: The tank is prapsed to be placed belai a landscaped berm will ahscure the tznk from publi The area around the tank is prcrpsed to be'1anoscc.p eucalyptus and hydroseeded with native flowering p
F. Tanker Traffic: Currently there are. about two <ai1 per month delviering a total of TOf1,OOCJ barrels to Encina Plant. Installation af T6nk 177 vS?T increa monthly shipments to 9QQ,000 barrels and will requ
two to three 250,000-450,000 bariOe7 tankers per m3 By t977 it is anticipated - that tanker delfvierfes tncpease to 4 per rncanth.. lankers larger than 450, barrels cannot be accommodated at the Encina nioori It is expected that ? barge per month w$Il be requ to ship fuel si1 to the 24th Avenue Terminal.
The State Public 1Jtilities Commission has certifie ETR for the Encina 5th Unit whfch contains a discu on the impacts of increased tanker trzffic tit the TRe primary ihpact fs, sf caurse, the increased pr of" an acct-dental si? spilP. Such 2 spill could ki qnd mar ttiie Eieauty- and recreational value of beach lflYR- thk low- sulfur content fuel oil p there is ver l-etle effect. on beach biota other thzn the purely meclianlxal effects such BS smathering n
Fke Buiillc Utilities Commission EIR contains 2 det contingency plan outlining measures taken to reciuc posstEXtlttY of' an oil ~ptll and also emergency mea
As a Comparison, the APCD Ambient Air
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to be employed to reduce impacts of ZI spill should one occur. Among the measures taken to reduce the possibility of an oil spill include:
Inspection and testing of all mooring equipment pri to each oil transfer operation.
Periodic removal of submarine hoses for inspection, ‘static pressure testing ani replacement if necessar
Visual inspection of the pipeline by divers.
@ Use of fill system relief valves which will preclud aver-pressurizing the system due to thermal expansi
Pipeline shutoff and check vaives near the beach which will prevent‘backflow to the ocean,
Submarine hose with working pressure rzting lSiore than twice the maximum ship discharge pressure. Bu strength is greater than 14 times ship dfscharge pi-
Vacuurn pump in fs’ll line capab?e ~f pulling 25 inch of vacuum.
Pressure relief system on ship reioading pumps fn t event of pipeline averpressures.
Q Continuous communications between tanker and termin operating personnel by use of ship to terminal radi during the entire operating cycle.
Power operated closure valves 3t key points .in the system.
A boat with divers patrols the area dur5ng fuel transfer to inspect for any ss’gns of oil leakage.
The Oil Spill Contfngency Plan contains detailed me
-- has an oil containment bQom and stock pfled equipme in order to effectively deal with a spill. The Contingency Plan is on file wT’th the P’fzniling Depar and available for public review.
In 18 years of operation, the Encina Marine Terrnil-ia has had an incident Tree record of oil spills. ;t considered that the likelihood of an oi? spill at t location is low, although the numer$cal probability
has not been computed. The U.S. Coast Guard estima that the maximum sp-ill which could occur at the sit would be of medium severity and wouid involve appro mately 1530 barrels.
1 . for containment and clean up of an ail spill. SDG&
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GAR FSBAD COMIYWNHTY CAUSE i 3831 MARGARET WAY
CARLSBXD, CA 92008
(714) 729- 8065
August 21, 1975
Mr. Paul Russey
City Ilanager City of Carlsbad Carl sbad, Cal i fornia
Bear rlr. Bussey,
Carlsbad Ccniniuni ty Cause protests the Carlsbad Planning Conmission's decision to not require an EIR on the construction of a 450,000 barrel storage tank at the San ijiego Gas and Electric Encina Power Plant tmk farm.
Tile tank is lbcated tzlsw grade ts reduce the visijal imnact of the storage tank.
of 150,000 cubjc yards of material. This could have substantial adverse environmental effects. Go consideration Nas given at either the San Diego Regional Coast Commission or the Cal jfornia Coastal Zone Conservati Comnission to where the disposal site was to be located because of the insistance of Sail Diecjo Gas and Electric Company that it was to be located outside the Coastal Permit Zone.
San Diego Gas and Electric has since requested that the San Diego Regional Coast Conimission grant then an admisistrative permit to dispose of at least part of the 159,000 cubic yards of material on the beach.
This request was denied.
Because of the contindifig uncertainty on the disposal of the material
froni the excavation and because there has never been an Environmental Inipact Report on the project, the City of Carlsbad niust require that the reculations of the City Carlsbad Environnlental Protection Ordinance
of 1972 dnd Ordinance No. 8063 are compl ied with.
The excavation wiil result in tile necessity to dispose
...
We respectfully request that the $50.00 appeal fee waived because the
fee is excessive and denies the rights of citizens to petition their government.
Sincerely,
-'Joan Ja'dkson
.;,, , & ~.'*?A%+--,., ,
Civic Action Chairperson
idrm~i L'LPJY~IVJ uiu t 1. I. w i.i J f:
3831 MAKGAHLYI' WAY
CARLSUAI), CA 92098
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(714) 723-8U65
APPEAL TG THE CAFLSGAI! CITY PLANl~l!l\lG COT4l*?ISSICN CONCER!,IING TIIE CrECLARA'fIOf.4 OF NEGATIVE (NON-SIG~,~IFICANT) EI4~/IRCNT4ENTAL- EFFECT OF TIiE SAN DIESO GAS AtiD ELECTRIC COt4PAN'r"S EXPALISIO:4 OF THE ENCiiJA TANK FARIS. SEPTEMI3ER 1 , 1975
DI SP'OSAL
The Planning Departtnent Staff analysis of August le7 1975 states tiat .the
excavated materia: is proposed to be deposited in an uninhabited a:?a of the Cotinty
and that the County will have the responsi b! 1 i ty of determi ni ng the envi yonmental
requirements for the project.
Company stated to the California Coastal Zofie Conmission that the excavated materia.1
was to be deposited at the proposed llacario Refinery site hut they i*ecent!y tisked
the Sari Dieyo Regional Coast Commission for an Adniinistrative Fermit to deposit a
pcrtion of the Elaterial on the beach. This request was denied. Since there is
still scme question as to v!hel-e they will ultimately decide to deposii .iAe i42,CS3
cubic yards of dirt, and although the site may be in the county, the impact; of the
disposal of that mount of dirt. could indeed hzve an adverse environmental effect.
Prior to August 18, San Dieso Gas and Electric
Nhere it will be duniped, when it will be dumped, and over what roads it will be
hauled are all enviror!tr;entally significant questions.
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NEED
SLaff's.analysis states the tank is planned to increase the total storage .
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,' capacity ofSDG&E and the additional supply is needed because of increased consumer
demand and an increasing requirement for fuel oil in generation of electricity. Thc
California Coastal Zone Conservation Comnission Staff report on the tan!: states:
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"The project should'not result in significantly more oil being brought in at
Encina as the need for the project is only justified on the basis of system re1
ity and not th? need for the storage for normal operations." These two statcmc
are contradictory.
Commission that they needed the tank, not to increase their storage capasity, t
that insufficient storage capacity is available at Encina to si2re oil temporal
before it can be transferred to the company's other facilities. If the Encina
facility is to be used as an oil depot for San Diego County this will most cert
have significant environmental effects on the City of Carlsbad.
San Diego Gas and Electric testified to the State Coastal
AIR QUALITY
Staff analysis says that the United States Environmental Protection Agcr
issued an authorization to construct the tank, End that they found that the
application met all requirements of the Clean Air Act as amended. State Coast
Commission Staff report says: "Although a storage tank is not as great a SOU~C~
hydrocarbon emissions as power plants for example, they are a significant poini
source. The emission rates for the tank are estimated at 0.0283 tons per day
57 lbs/day). Based on past EPA practice and staff discussion with EPA staff, i
is apparent that the storagstank will not receive an EPA permit unless the coil
makes an equivalent reduction in hydrocarbon emissions soniewhere in its system
within the San Diego Air Basin because that basin has been designated as a crit
air area." (The only smog alert in the history of San Diego was called for thre
days last October for this area - from Solana Beach north to the county line.)
Staff then continues by saying that the conipany is determining how to make suck
equivalent reductions and hopefully that information will be available. To our
knowledge, that information has never been imde available. Certainly, the tank
will 'have a substantial effect on the air quality of Carlsbad.
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TANKER AND BARGE TRAFFIC -
Staff discusses at some length the impact of the increased tanker traffic
and the EIR for Encina 5 whi -i! contains a discussion of the impacts of increased
tanker traffic at the mooring. That a spill could kill birds and par the beauty
and recreational value of the beaches.
effect on beach biota other th;n the purely mechanical effects such as smotherin!
because the fuel is low sulfur content ‘fuel. San Diego Gas and Electric testific
to the United States Environmental Protection Agency that En1 ess they were grant
a permit to build the Macario Refinery they would not be able to guarantee purch
of low sulfur fuel beyond 1975. Since the refinery is not as yet an accomplishe
fact, the environmental impact of higher sulfur fuel spills should be considered
In addition, should the refinery be built, its primary fLl:tCt<Gn would be to rano
sulfur from fuel brought in through the Encina mooring, again indicating the nee
for deterntiriation of the hazard. Although SDGSlE was granted a permit. to CO;Isi;ru
Encina 5 by the Air Pollution Control District on the basis of their firm contra
to purchase low sulfur fuel through 1964, their statement to EPA contradicts th-i
In either case, it seems quite clear that incoming ,fuel oil may we1 1 be other t
low sulfur and consequently the hazards of high sulfur fuel spills niirst be exami
They go on to say there is very iittle
Staff does nct address the added danger of oil spill that will come wi th
-_ routine barging of os1 from the 450,030’barrel tank to San Diego to fuel the SOL
Bay facility, nor the air pollution from barge tank venting during these operati
SUMMAT I ON cI--
San Diego Gas and Electric Conipany as indicated by their Senior Vice Prer
Mr. Laffoon, intends to construct a fuel processing facility. It is imperative
the synergistic effect of the tank and its accompanying operations be fully eva’
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to permit the use of mi tigating conditions that will protect Carlsbad's environwn
The specific plan that was adopted by the City of Carlsbad in their Ordinance 9279
August 3, 1977, included the tank with Encina 5. The 7th storage tank \ias Separat
from the Encina 5 project and although Encina 5 did have ari EIR, the 7th storage
tank has never had an EIR. An EIR is not a vehicle to stop a project, rather it i.
a vehicle to provide the information to insure that the project wii? meet the stanc
of the City to protect the City's environment. Clearly, the disposal of the excav(
material, the obvious threat to the air quality, the increased tanker traffic and
the routine barging all need to be evaluated in order to determine the best possib'
nieans to insure that the project will have no negative effect on the environmmt
which is needlessly damaging, thoughtlessly harniful , or irreversible.
petition the Carl sbad City Planning Comnii ssi on to 'require an Envi ronmcntal Impact
Report on the expansion of the Encina Tank Farin and accoinpanyiny operations.
rely on the word of San Diego Gas and Electric Company in view of their conflictins
testimony i s cl early u tis a t i s factory .
\de thereforc
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Mr. Allen Kell..y, 4675 El Camino Real, C.arlsbad, talked at length on his v-iews of flobd plains, the involvement of .the Federal . . Government in ,private- property ownership arid their requirements of. th’e mandatory flood insurance program.
.Mr. Kelly also stated that alth<ugh he has seen several floods over the past 40 years; caused by- heavy rains, etc., he does not believe that the U.S. Corps of Engineer’s Flood Plain LimiPs
are accurate and that-they take in more areas than they should. ’
' San diego Gas.and Electric project relating to impacfs, in particular cumulative air quality effects, oi:.spillage potential,
effect the quality of life in Carlsbad?"
Henry Thompson, 330 Chestnut, Cdrlsbad stated ttiat he beiieved
. . disposal of the excavated dirt, etc. He asked "would the prpject
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the oil spill potential for the pYoject has been under-estimated.
He also pointed out the danger of an oil fire.
t4r. Hassan, 5262 Cwls-bad Blvd., offered his concjrn fqr' the
impacts. on increased tanker traffic and'oil spill potential.
John McGiIl, 4340 Highland Dr., Carlsbad stated.he felt ttie City was being misled by the San Diego Gas aid Electric. He also feels that all the conditions of th? Specific Plan Ordinance should be met.
George Flanders,' 3765 Yvette Way, Carlsbad, stated he felt that project should be viewed in conjunction with cumuiat.ive effects of the entire Encina Power Plant.
Bart Lefferdfnk, 4576 Cove Dr., Carlsbad, posed the question of wher'e are the Citizens of 'Carlsbad going to get their utility service if not for SDG&E, stating he felt we should take a certai
amount. of risk if we are going to continue the standards of livin we would like to live by.
a better piace to iocate power plants and a better nieans OF
Jane Skotnicki spoke stating that Carlsbad. has done it's share f t,he rest of the County so far as providing necessary utility services. Sher noted that energy conservation, not expansion of . generating facilities, was the solution.
Ed Gabrielson stated again that he had not heard any substan
statements regarding the environmental Significance of the p : I conditions of. the Ordinance. He stated that administrative chan in the City had been responsible for delaying the Park Agreement
City Attorney Vince Biondo' interjected that the issue at ha-nd. was
the environmental significance.of the-Tank #7 project and not the requirements of Ordinanc? 9279.
Mr. Hassan stated 'that he feels we cannot control the-size of the tankers coming into the mooring area. He stated the mooring area was built to Bccomodate smaller tankers and not the super tankers
Public Hearing was closed.
After substantial discussion among the Planning Commission i
moved .and approved to uphold the decision of the Planning . . Director to issue %he Negative Declaration for the reasons o : lined in the staff report.
A minute motion 'was made aid unanimously approved directing
e0 meet. and confer with representatives of the SDG&E and dis .in depth the overall program of the SDG&E for immediate futu plans of their project site a; relates to the ehvironmental pact of the area, and to the conditions 3s contained in Ordi 9279 and report back to the Plabning Commission at. the Octob 1975 meeting.
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. L.K. Rash - I-li5hIun3 .%,, -,poke agzih coting that the:*- xst bc
shipping fuels.. ..
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i .He noted that SDG&E, to the best of their abilityi have met .the
as ,required in Ord,inance 9279. ..
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It was also recommended that this matter be put on the Agenda for discussion at the Joint City CouncillPlanning Cohission
meeting-to be held September 30, 1975. ,-
1 . Case No. SP-131-A .- Ponderosa Homes - Request to,amend 9-131 for
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time extenslon and change in Phasing.
Assistant Planning Director Bud Plender gave staff presentdtion an
explained graphics. He explained the reason for the request for extension and change in phasing of the .originally adopted Specific
Plan (July, 1974). .. -. . After discussion among the Planning Commission, .Public Hearing was opened.
Lyle Gabrielson, Rick Engineerinq, Friars Road., San Diego, stated he reviewed the conditions of the approval and concurred with
of residences being built jstated single family) and. phasing.
After substantial discussion it was moved and unanimously approved tb recommend to City Council approval of SP-131A with the follow- ing change to Condition'f8 2nd the addition of Condition t9, as follows:
Condition #8 should.read:
"A detailed 1audscape.and irrigation plan for all phases of the project, prepared by a l?ndsca?e architect, sha!l. be xbmittrld tc! the Parks and Recreatibn'Director and the City Engjnccr for consideration and approval prior.to approval of any building per-. mit for any phase of the project. This requirement sha.ll apply to all private park area's, open space areas, proposed heandering
sidewalks and proposed entrance nedians. include the detailed plans for the proposed recreation, facilities
Add Condition 89 tu read:
"Street names' as-proposed in. this tentative map are not approved. Street names shall be resubmitted to the Planning Director prior to the recordation.of the final map for each phase. .The street names shall conform to the City of Carlsbad street nami'ng.p.olicy and-shall be. named s,o as to ensure ease of pronunciation and .shall be named so as not to confl-ict.with other street names ih the City of Carlsbad.
lase No. CT 75-6, ZC-167, V-252 - La Costa Land Company - Request for subdivision to be resubdivided into lots suitable for Single family dwellings. to R-1-10,000 and a request for permission to apply Panhandle lot
. staff. He answered questions of the Commission regarding type
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Said plan shall also
to be installed in the private park areas. . ..
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Request for Change of Zone from RD,M
' configuration. . Planner Allen Meacham gave 'staff presentation and explained a
graphics.,
Bob Ladwig, Rick Engineering, Carlsbad, stated he. had reviewed '
the staff report and concurred with staff recommendations' includ- ing deletion of Condition #16 and rewording of Condition #18.
George Flanders, 3765.Yvette Way, said he was concerned on "who was going to maintain the Open Space portion of the project and If there was sufficient recreation room in the design of 'the lots for children to play in their yards.
Public Hearing was closed.
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PLANNING COMMISSION RESOLUTION NO. 1139
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORRIA, CONCERNING THE APPEAL OF TEE NEGATIVE DECLARATION ISSUED BY THE PLANNING DIRECTOR REGARDING A GRADING PERMIT WHICH I.IOULD ALLOW FOR THE CONSTRUCTION OF A 450,000 BBL FUEL OIL STORAGE TANK AT THE ENCINA PObIER PLANT.
APPELLfrNT: CARLSBAD COMMUNITY CAUSE CASE NO. EIA-300
WHEREAS, the inatter of an appeal by the Car’isbad Comtnun
Cause to consider the negative declaration issued by the Pial
Director regarding an Environmental Impact Assessment for a
grading permit which would allow for the construction of a 45
661 fuel oil storage tank to be situated on certain property:
wit:
Between the AT&SF RR and Interstate 5 and Ca‘nnon Road and the Agud Hedionua L8g03n7 more speciiicsiiy described as part of an approved Specific Plan (SP-144) fcr SDCZI GZ fS:e ;r:th the Ci’ty sf C.zr’I;h;d;
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
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XHEREAS, said appeal constitutes an appeal as provided b.
Title 19, Sec. 04.140 of the “Carlsbad Municipal Code“; and
WEREAS, tke pub1i:c fieqrihig was kid at the time and in 1
Placc speci-ffed is said natfce on September IO, 1975: and
MEREAS, at said publlic hearing, upon hearing and consid6
tke. testimony and arguments, if any, of all persons who desire
t~ be heqrd, said Commisston considered all factors reiating t
tfTc appeal and found the. following facts and reasons to exist
deny the appeal and uphold the negative declaration as issued
ttie PI annfng Di’rector for the Pol 1 owing reasons :
1)- The. Plannfng Director concurred with the findings of the Federal Environmental Protection Agency that the impacts of air pollution would not be so signi- ficant SQ an to cause adve;se effects on Air Quality.
2) That the findings of the Regional Coastal Commission and the Public Utilities Commission on the potential impacts on grading, tanker traffic and barge traffic are consistent with the findings of the Planning Director in that the identical impacts would not cause a slgnificant adverse environmental effect.
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3) That the project will be recessed and surroundc an earthen berm with appropriate landscaping SI not to cause negative impacts on views from ad, ing roadways.
4) That the project will be so constructed so as minimize and/or negate impact on the surroundi lands including the Agua Hedionda Lagoon.
5) The project meets the criterion for a negative declaration as set forth in the California En- vironmental Quality Act and the Carlsbad Envir mental Protection Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Pldnning Corn
of the City of Carlsbad as follows:
1) That the above recitations are true and correc
2) That the Planning Commission does hereby deny appeal as submitted by Carlsbad Community Caus
PASSED, APPROVED AND ADOPTED ai a regular meeting
City of Carlsbad Planning Commission heJd on September
6y the following vote, to-wit:
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AYES: Commissioners Dominguez, Fikes, Jose
IIOES: Commissioner Packard
ABSENT: None
L'ileureux, gatson and Larson -
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E. H. Jose, Jr., Ch
ATTEST:
Donald A. Agatep, Secretary
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CARUBAD COMMUNITY CAUSE
3831 MARGARET WAY
CARLSBAD, CA 92008
(714) 729-8065
APPEAL TO THE CARLSBAD CITY COUNCIL COllCERNING THE DECLARkTiON OF NEGATIVE [IiOl-
SIGNIFICANT) ENIVIRONMENTAL EFFECT SF THE SAY GIEGG GAS AND ELECTRIC COMPANY'S EXPANSION OF THE ENCINA TANK FARM. OCTOBER 2, 1975
DISPOSAL
The Planning Gepartment Staff analysis of August 18, 1975 states that tt-
excavated material is proposed to be deposited in an uninhabited area of the Count
and that the County wi 11 have the responsi bi 1 i ty of determining the envi ronrnental
requirements for the project. Prior to August 18, San Diego Gas and Electric Comp
was to deposited at the proposed Macario Refinery site but they recently approache
the San Diego Regional Coast Commission about the possibility of obtaining an admi
istrative permit to deposit a portion of the material on the beach. Regional Coas
Commission staff informed San Diego Gas and Electric that they would be required t
go through the regular permit procedure. San Diego Gas and Electric has not appli
for a regular permit. Since there appears to be some question as to where they wi
ultimately decide to deposit the 142,OO cubic yards of dirt, and although the site
may be in the countys the impact of the disposal of that amount of dirt could indei
have an adverse environmental effect. "here it will be dumped, when it will be dui
and over what roads it will be hauled are all environmentally significant question
NEED
Staff's analysis states the tank is planned to increase the total storagt
capacity of SDGAE and the additional supply is needed because of increased consumei
demand and an increasing requirement for fuel oil in generation of electricity. TI
0 e
, Cal'ifornia Coastal Zone Conservation Conunission Staff report on the tank states:
"The project siiou?cl not result in significantly more oil being brought in at
Encina as the need for the project is only justified on the basis of system reliab-
ity and not the need for the storage for normal overations." These two statements
are contradictory.
Commission that they needed the tank, not to increase their storage capacity, but
that insufficient storage capacity is available at Encina to store oil temporarily
before it can be transferred to the company's other facilities. If the Encina fac-
is to be used as an oil depot for San Diego County this will most certainly have
si gni fi cant environmental effects on the City of Carl sbad.
San Diego Gas and Electric testified to the State Coastal
AIR QUALITY
Staff analysis says that the United States Environmental Protection Agenc
issued an authorization to construct the tank, and that they found that the applica
met all requirements of the Clearn Air Act as amended. State Coast Commission Staf
report says: "Although a storage tank is not a great a source of hydrocarbon emissi
as power plants for example, they are a significant point source. The emission rat
for the tank are estimated at 0.9283 tons per day (57 lbs/day). Based on past €PA
practice and staff discussion with EPA staff, it is apparent that the storage tank
not receive an €PA permit unless the company makes an equivalent reduction in hydro
carbon emissions somewhere in its system within the San Diego Air Basin because tha
basin has been designated as a critical air area." (The first smog alert in the
history of San Diego was called for three days last October for this area - from
Solana Beach north to the county line.) Staff then continues by saying that the Co
is determining how to make such equivalent reductions and hopefully that informatio
will be available. To our knowledge, that information has never been made availabl
Certainly, the tank will have a substantial effect on the air quality of Carlsbad.
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. TANKER AND BARGE TRAFFIC
Staff discusses at some length the impact of the increased tanker traffic and the
for Encina 5 which contains a discussion of the impacts of increased tanker traffic
the mooring. That a spill could kill birds and mar the beauty and the recreational
of the beaches is discussed. Then they go on to say there is very little effect on
biota other than the purely mechanical effects such as smothering because the fuel
sulfur content fuel. San Diego Gas and Electric testified to the United States Env
mental Protection Agency that unless they were granted a permit to build the Macarii
Refinery they would not be able to guarantee purchase of low sulfur fuel beyond 197'
Since the refinery is not as yet an accomplished fact, the environmental impact of
sulfur fuel spills should be considered. In addition, should the refinery be built
primary function would be to remove sulfur from fuel brought in through the Encina r
again indicating the need for determination of the hazard. Although SDG&E was granl
a permit to construct Encina 5 by the Air Pollution Control District on the basis 0-
firm contracts to purchase low sulfur fuel through 1984, their statement to EPA con'
dicts this. In either case, it seems quite clear that incoming fuel oil may well bc
other than low sulfur and consequently the hazards of high sulfur fuel spills must t
examined.
Staff does not address the added danger of oil spill that will come with
routine barging of oil from the 450,000 barrel tank to San Diego to fuel the South E
facility, nor the air pollution from barge tank venting during these operations.
SUMMATION
San Diego Gas and Electric Company as indicated by their Senior Vice Pres
Mr. Laffoon, intends to construct a fuel processing facility. It is imperative that
synergistic effect of the tank and its accompanying operations be fully evaluated to
permit the use of mitigating conditions that will protect Carlsbad's environment. T
specific plan that was adopted by the City of Carlsbad in their Ordinance 9279, AugL
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' 1971,, included the tank with Encina 5. The 7th storage tank was separated from the
Encina 5 project and although Encina 5 did have an EIR, the 7th storage tank has nei
had an EIR. An EIR is not a vehicle to stop a project, rather it is a vehicle to pi
the information to insure that the project will meet the standards of the City to pi
the City's environment. Clearly the disposal of the excavated material , the obviou
threat to the air quality, the increased tanker traffic and the routine barging all
to be evaluated in order to determine the best possible means to insure that the pr
will have no negative effect on the environment which is needlessly damaging, thoug
harmful, or irreversible.
Ordinance 9279 specified certain conditions for both Encina 5 and the ex
of the tank farm. These conditions included that "Details concerning the leasing o
lands shall be agreed upon between SDG&E and the City within one year after the Cit
has approved final rezoning. Location of baseball little league park and other ath
facilities shall be subject to specific plan approval at the earliest practicable d
The Ordinance was adopted August 3, 1971. On March 4, 1974, Planning Director Agat
wrote to Ted Richmond of San Diego Gas and Electric in response to a Planning Cornmi
query concerning progress of the proposed park site.
ordinance was signed.
farm as approved by the ordinance without satisfying any of the conditions.
ordinance reads in part: "The Building Department shall not approve any structure L
such time as the Planning Director has certified that all conditions of this Ordina
have been satisfied.'' We are aware that this is a situation complicated by an Ordi
which was a specific plan for both Encina 5 and the expansion of the tank farm and
further complicated by decision of the City that a review of the 400 foot Encina SI
is subject to review. We are aware that the Ordinance has been criticized for beir
vague. But the intent of the Ordinance is certainly clear: certain conditions musl
It is now over 4 years since
San Diego Gas and Electric is now proposing to expand their
The
met by San Diego Gas and Electric Company before approval by the Building Departmer
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* The .City Manager has now determined that permits were granted that should not have t
granted. It is difficult if not impossible to separate the two projects and decide
conditions apply to the tank farm expansion, particularly since no formal assessmen-
environmental impacts of the tank has been made. As it is impossible to determine .
portion of the conditions that must be met before a portion of the Ordinance's spec
plan is approved, Carlsbad Community Cause would respectfully petition the City Cou
to reopen the specific plan to resolve some of these questions and that an EIR for
tank be required as a necessary factor in formulating that specific plan. The only
possible alternative to this which guarantees to the people of Carlsbad what is leg
required by Ordinance 9279 is that all conditions be met before approval of any pori
of the specific plan is permitted construction. Conditions of Ordinance 9279 which
to have been met years ago have not been met. For the City Council to ignore this .
granting a permit for the storage tank is clearly contrary to the intent of Ordinanc
If Ordinance 9279 is vague or unclear in its details, all the more reason to reopen
study of the specific plan, for the intent of the conditions relating to the park ir
quite clearly there. We were to have children playing on that facility years ago.
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SD&E §AN DIEGO GAS & ELECTRIC CCIRIIPAMY
D 0 SCX183l SAY DIEGO CALIFORY'A 921'2
~14) 232-4252
October 3, 1975
0
Mr. Paul Bussey
City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008
Re: Community Cause appeal of San Diego Gas & Electric Company's 7th Fuel Oil Tank application
Dear Mr. Bussey:
As you know, San Diego Gas & Electric Company (SDG&E)has planned the construction of a 7th Fuel Oil Tank since early 1971 when the Specific Plan was approved showing the inclusion of suci a tank. Considerable information has been made public relative to the tank. Public hearings were held by the San Diego Coast
Regional Commission. The action of that Comission in approving
the tank was appealed to the Coastal Commission by Community Caul and Coast Watch. The State Coastal Commission found, after an in-depth review and careful consideration of all the facts, that there were no significant environmental impacts and therefore declined to hear the appeal, thereby sustaining the approval ob- tained from the Regional Comission, which approval became final in May, 1975.
formation is available relative to the construction of this tank, Yet, the subject was thoroughly aired at numerous public hearing! Pursuant to our most recent application for a permit, the Carlsb: Planning Director issued a negative declaration confirming that there is no environmental impact. The City Planning Commission ,
on an appeal of the Planning Director's decision, confirmed that a negative declaration was appropriate.
The Community Cause appeal implies that inadequate in-
Community Cause implies there is a relationship between
the 7th Fuel Oil Tank and Encina 5, the Marine Terminal, and other Encina activities. We repeat once more, that the Encina Unit 5 project, the 7th Fuel Oil Tank, and the Marine Terminal have no interrelationship. In fact, SDG&E requires the 7th Fuel Oil Tank now. It cannot wait until Encina 5 is built.
AN lN/rSTOn' O/tNrD COLPGSATIU/I
" * b sD&E SAN DIEGO GAS & ELECTRIC COMPANY
Mr. Paul Bussey October 3, 1975
Page 9
Our present plans show that the Marine Terminal is in deep enough water to allow a 70,000 dead-weight-ton tanker to come in and off-load. Presently, there are two tanker deliveries per month. The tanker deliveries and fuel oil delivered are not based on the amount of storage that one has, but are determined by the amount of fuel burned at two major generating facilities. SDG&E's present rate of burn is approximately one million barrel: per month. However, with the reduction in natural gas, which in the past has been available for generation, the need for fuel oil is increasing. Our projections show the increase will amount to between two and three hundred thousand barrels a month. All this leads to the fact that SDGtiE needs additional storage to give it the operating flexibility needed for handling incoming tankers, for barging fuel oil to South Bay, and for maintaining a sufficient supply at Encina in case of an emergency.
Community Cause confuses the real issue by raising the question of barging. The amount of barging to South Bay is a direct result of the amount of fuel burned. have a two-million barrel storage capacity, and this supports our electric generation there. storage as full as possible to allow for any type of emergency breakdown on our fuel system or any reduction in imported off- system resources. is established on a monthly basis to maintain full storage at South Bay. If we do not build the tank at Encina, then oc- casionally we would refuse tanker deliveries due to lack of storage. This would result in inadequate fuel oil supply to meet energy requirements. This is not desirable and is an un- necessary cost increase that would be passed on to the rate- payers, many of whom live in Carlsbad.
At South Bay we
It is our intention to keep that
The amount of barging from Encina to South Bag
All the information that we have about the construction (
this 7th Fuel Oil Tank has been disclosed and has been available
for public review. To require an envirnmental impact report now would serve no purpose other than to cause additional delays and increased costs. We have complied with all of the requirements of the City's laws. We are now entitled to the issuance of the appropriate permits.
e .-
I sD&& SAN DIEGO GAS & ELECTRIC COMPANY b
Mr. Paul Bussey October 3, 1975
Page 3
It seems obvious that Community Cause's tactics are obstructionist and not an attempt to elicit additional facts,
nor to protect environmental concerns.
tank for more than four months.
our service territory for this delay is already approximately $120,000 more than it would have cost absent the delay.
delay would only increase such costs.
request the earliest approval €or the requested permits.
SDG&E has been Uelayed in the construction of this needed The cost to the ratepayers in
Further
Therefore, we respectfully
Sincerely,
$? )vf*&
E. M. Gabrielson, Supervisor Land Planning
EMG : lma Extension: 1885 cc: City Council Members Don Agetep, Planning Director Carlsbad Community Cause
w (t @ (&\ ,
. 5. I
CiYY QF CARLSBAD PLAIWTNG COH%f%SfQ?l MEETSiffG
* EtOTICE OF APPEAL
August 26 p 9 995
0
.~ KITICE IS HEREBY GIVER that thg P'5ann2ng C~n~a"ssiorz of
the City of Car3sbau' will .hoIh B *pubIfc hea~g~sg at ?:39 p.mc
.-
on tfednesday% Sept6rrrber IO, 3975, at th~ @arTskad Cf2y Hz15,
1200 Elm Ad&nueo Carlshad, Ca%i%ornla, to cews%der an aFpenO
- . of the Planning E)l"ret%ar*s decis8eea ta 3.sne a. B~cIarai5S055 -
.I - of Megativt. (Non-signiftcawt) ~nvironmea5al EFF~CL QF" z
grading pern%t fer Tank #7 at the Enclrm P~KS $I~R$.- The
grsding pemit i(si1.1 a~~ow excz~atj~z 0% qBq b-t&gw.wfu hnm cue ~6.s- zf
* - dirt in orGer to construct-a rhS0,aCO Erbl- -rue% ai3 stosaga
s
.- tank and landscaped Bern, by Sari 9lieg.a Gas and: E1ectr%oc
CQRlpany, OR pl'OpePty located WPthWEis% Elf CLbE fECErSeCZ$sn
of 1-5 and Cannon Raad,
BPPEL'hAfl47: Ci?r!sbad C~mu~%ty Cause
4e.
-- _-_
PLANNING &33Ki'tESSEf3H OF TEEr '
- CXTT QF CARLSBGD
Publish: Attgetst 28,- 7975
-\
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-.
I)
CAREBAD COMMUNITY CAUSE
3831 MARGARET WAY
CARLSBAD, CA 92008
(714) 729- 8065
September 23, 1975
?ad Sussey
City Manager
Carlsbad, California
Dear Mr. Bussey,
Carlsbad Community Cause wishes to appeal the decision of the Carls
City Planning Commission upholding the Declaration of Negative (Non
Significant) Environmental Effect of the San Diego Gas and Electric Company's expansion of the Encina Tank Farm.
biajor questions remain to be answered about the environmental irnpac
of the proposed expansion and its relationship to Encina 5, the mar
terminal, and other developments. The Planning Commission urged a
of San Diego Gas and Electric Company's entire Encina facility incl
projected development. Carlsbad Cormunity Cause also is concerned
Carlsbad holdings and believes that all environmental effects of ma
projects like the 450,000 barrel storage tank must be examined thro
Environmental Impact Reports.
We urge the Carlsbad City Council to exercise its power and leaders
in protecting the interests of the total community by requiring the
maximum legal study of the effects of constructing the tank. A
crucial consideration must be that once the project is completed, 1
can be accomplished to solve problems that may have been easily
identifiable prior to construction. Caution is neither unreasonabl
unnatural or illegal. Citizens of Carlsbad, like the applicant, ha
invested thousands of dollars in this community. A decision to req
an Environmental Impact Zeport for the reasons expressed in the Car
Community Cause appeal will protect the interests of the Community
without infringing upon the rights of the applicant.
about the future development of San Diego Gas and Electric Company'
Sincerely I
/ -1 P 4/42 &?c,*(:7/L
Mark Nelson 22
Chairperson p
Carlsbad Community Cause
l Eric. $130.00 4(+&&L. &/ &$ &:';.-- &+.& - fq?J ... 1;-
,- ,/,; ,~ (&k 2: Cm4, :/I9 , /a
f-
I 4
b
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that the City Council of the
City of Carlsbad will hold a Public Hearing on Tuesday,
October 7, 1975, at '7:OO P.M. in the Council Chambers,
1200 Elm Avenue, Carlsbad, California to consider an APPE
of the decision of the Planning Commission in denying an
appeal of the Planning Director's decision to issue a
Declaration of Negative (Non-significant) Environmental
Effect with regard to a grading permit for Tank if7 at the
Encina Power Plant (San Diego Gas & Electric Company).
The gradinq permit will allow excavation of 142,c)OO Cu. Y
of dirt in order to construct a 450,000 bbl. fuel oil
storage tank and landscaped berm, by San Diego Gas and El
tric Company, on property located northwest of the inters
tion of 1-5 and Cannon Road.
APPELLANT: Carlsbad Community Cause
CARLSBAD CITY COU
Publish: September 25, 1975
e>-
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,( *-
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c w Qt'i dtt - p 3 1973 .
WESTEC Szrvices, Inc. / 1520 State strtGiT>$ &&,&>BwD2 / (714) 23
njng Department 7 3%
July 13, 1973
ivjr. Donald Agatep
Director Planning Department City of Ca-rlsbad
1200 Elm Avenue
Carlsbad, California
Subject: Proposal for Consulting Services
Dear Mr. Agatep:
In response to your letter of July 13, 1973, WESTEC Services,
is pleased to submit this letter agreement to prepare an environme inpact report for the planned Encina Plant Stack Modification Proj
This project consists of replacing the existing four stacks at elf 190 feet with a single stack at elevation 400 feet. The single st will service all five (encina 1-5) steam units. The impact report
be prepared to the City of Carlsbad guidelines.
Scope of Services
WESTEC Services, Inc. will prepare a draft environmental impa report for the Encina Plznt Stack in a format suitable for submitt
the City of Carlsbad. The analysis will assemble available data a
vide assessments of the probable short-term and long-range effects the project, 2s well as any measures to mitigate impacts. The ana will be addressed to:
1. Human environmental impacts of the project related to:
a. Aesthetic and visual characteristics
b. Safety c. Construction-related functions (noise, socio-econom implications, etc.)
2. Physical impacts dealing with:
a. Air quality effects b. Geologic and soils conditions
3. Any other impacts pertinent to the stack addition
The impact report will follow the format and ordinances adoptc
the City of Carlsbad to implement the California Environmental Qual Act of 1970 and State of California Environmental Impact Statement
lines adopted on FeSruary 5, 1973. A draft rsport in the amount of
A e "-
I. g;ul,r. Donald Agatep w
July 13, 1973-
Page 2
5 copies can be provided 5 weeks after an zgreenent to perform th
is signed. Thereafter, when The City's revierv. is complete and co
are received, 50 copies of the final environmental impact report provided in five working days.
Program Responsibilities
\i\lESTEC Services, Inc. will be responsible for the preparatio environmental iinpact report h'ith David L. Parkinson serving as st
director. The objective of our work will be a coinplete and compr analysis of the environmental impacts associated with the Encina
Stack Project. Our report will draw on other environmental studi formed by consultants to San Diego Gas 6 Electric Company €or the
sion of the Encina Plant.
Fees
We estimate that our total fee for the services outlined abo
be in the vicinity of $7,900.00 and we will not exceed this cost specific authorization from the City of Carlsbad. Monthly progre payments based on invoices submitted for work accomplished ifre re
ment with the submission of the draft environmental impact report
the City of Carlsbad. A submission fee of $200-00 payable to the Carlsbad is included in the above price estimate. nents related to presentations or reviews with public bodies coul best provided for in a mutually acceptable supplemental agreement
Ac cep tan ce
The fee quoted would-cover costs involved in completing the
Any follow-up
You may authorize WESTEC Services, Inc. to proceed with the i ment outlined here by returning a signed copy of this agreement fc files.
Respectfully submitted, -7 by:
yp&4?*+-- /$-&%A,?& William R. Eldredge or 2 e City o Ca Isba( Vice President
Date &$2'&u<y/&,
'/ ''1
WRE : j lr
* 8' c @ - XI-. Donald Agate
.July 13, 1973
Page 2
S copies can be provided 5 weeks after an aoreenent to perforn
is signed. Thereafter, ]<hen the City's revSew is complete and are received, 50 copies of the final enviromxznizl impact repc
provided in five working dzys.
Program - Responsibilities
KESTEC Services, Tnc. will be responsible for the prepara
environmental impact report with David L. Parkinson serving as
director. The objective of our work will be a complete and cc
analysis of the environmental impacts associated with the Encj
Stack Project. Our report will draw on other enviromental st
f'orriied by consultants to San Diego Gas 6 Electric Company for
sion of the Encina Plant.
Fees
We estimate that our total fee for the services outlined
be in the vicinity of $7,900.00 and we will not exceed this cc specific authorization from the City of Carlsbad. Monthly prc
psynenlts based on ;nvoices submitted for work accomplished are
The fee quoted would cover costs involved in completing t ment with the submission of the draft environmenTal impact T~F
the City of Carlsbad.
=Carlsbad is included in the above price estimate. Any follow- ments relat'ed to presentztions or reviews with public bodies c
best proviaed for in a mitually acceptable supplemental agreen
kccep t ance
You zay authorize WESTEC Services, Inc. to'pioceed with X
ment outlined heTe by Teturning a sig-iled copy of this agreemer
files.
Respectfully submitted, Approved by:
I
I
A submission fee of $200.00 payable to
I -.
Ap-: / 4?.2azfz.y--
ISillizm R. Eldredge For the City of Car3
Vice President
Date
WRE : j lr
7 LVY u w W
.qf/i+ , , $\ F3"
ELECTRIC EASEMENT
THIS AGREEMENT, made this It?u day of &i0ca'13bc~- s l9dS 3 by
and between
hereinafter called ttFirst Party", and SAN DIEGO GAS & ELECTRIC COMPXra
corporation, hereinafter called "Second Party'!o
W I T NE S S E T H:
WEBREAS3 First Party is the owner in fee simple of:
That certain ?ortion of '2ract 117 of Jarlsbad Landsl
according to i:ap thereof 30. 16&filed in the office of the Comity Recorder of the County of 5an Diego, Stete of
California, described in 2eeds recorGed June 21, 1966 at
Recorder's ?iile/Page 7-0s. lCl.195 and 101197 and recorded
Segteaber ISt 1966 at Zecarder's '-7ile/?age 20s. 147860
and 147E361 all of Cfficial Records of zaid County of
Sa? Diego.
WHEREAS, First Party has constructed or is about to construct and is
will be the owner of a system of underground electrical ductstmow T) .. 4fi L e
asd. 1 voltage electrical conductors (hereinafter called electrical system), located c
to be located as shown on the plan marked Exhibit 'tA", attached hereto and by t
reference made a part hereofl which electrical system First Party caused or wil
cause to be constructed upon and within its said hereinbefore described proper
and the street adjacent for the purpose of providing a means through which Seco
Party might supply electrical service to First Party and/or various lessees and
tenants of First Party on its said property; and
WHEREASt Second Party has installed or will install within the ducts,
nnnn ., the transformer Dads - 0 First PartyBs said electrical system, various high voltage electrical cables,
transformers , switches and other miscellaneous equipment (hereinafter called
electrical facilities), owned by Second Party, and used by it to supply electri
energy to First Party and/or lessees and/or tenants; and
8 TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Die!0
State, personally appeared __- DAVID M. DUNNE
} ss.
November 6, 1968 before me, the undersigned, a Notary Public in and for said
,, !
't On
1 ,signature &.A .d-d&. c; &/&:[LL:*- '
YiX&&and MARCARFT F. ADAMS known to me to be the-
known to me to be known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board
WITNESS my hand and official seal.
w
$ w -I 2 $ , of directors.
II: c i ty c 1 e r k S&&& of the corporation that executed the within Instrument,
My rommissicn expires March 26, 1969 1 l ~LMM C, BALD~N
4, Name (Typed or Printed)
(This area for official notarial seal)
-2- DRAWN BY @AINAW~
CHECKED BY &mke
SKETCH NO, &LL.l
- DATE _i JQ----ikG.G--
/-------
r
This plat is furnished for info data Which we believe to be
by this cbrnpany as to XCW
SAM DlEGO GA!
' f2 w w
@ §AN DIEGO GAS & ELECTRIC COMPANY
P 0 BOX 1831 SAN DIEGO, CALIFORNIA 92112
December 8, 1971
FILENO mc PHILIP M KLAUBER
VICE PRESIDENT
CUSTOMER SERVICES
The Honorable Mayor and City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Gentlemen:
For 1972, San Diego Gas & Electric Company has budgeted $3,149,001
for converting overhead electric lines to underground. The money is to be
used pursuant to our Rule 31.8, as filed with the California Public Utilitil
Commission. Your staff is familiar with the details of that rule.
In accordance with instructions from the Commission, the amounts
allocated for conversion work in the various cities and unincorporated
County areas in our service territory are proportional to the number of electric customers in each.
in the City of Carlsbad will be $34,950. For 1972, the amount allocated for conversions
In addition to the foregoing, there will be available the carry-
over of any unexpended amounts from our budgets in earlier years for
conversion work in your municipality.
The amount of $3,149,000 is up substantially from the $2,610,000
budgeted by us for 1971. The increase is $539,000, which is 1/2 of 1% of
the Company's 1970 electric gross receipts.
We believe this increase in the funds budgeted for undergrounding
of existing overhead lines is in the public interest, and is in keeping witf-
the spirit of the Company's offer made in recent negotiations with the City
of San Diego. However, as the Company has recently brought to the attentior
of the Commission, the amount budgeted for 1972 assumes a favorable and
early decision on the Company's request for an increase in electric rates
(Application 52800). decision, it may be necessary to suspend all conversion work and curtail 0th
important projects.
In the unlikely event of an unfavorable or late
If you have any questions, our District Manager whose name is give
below would be pleased to hear from you.
Sincerely ,
/d J &.fikJ WL
P. M. Klauber
PmIpb
cc: A. A. Sugg, District Manager
/NL/ESTOR-OWNED BY MORE THAN 25 000 STOCKHOID€RS
#
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sog€ SAN DIEGO GAS & ELECTRIC COMPANY 6 P 0 80x1831 S4N DIEGO CALIFOSNIA QZi12
FILE NO
PUB 100
May 11, 1972
Honorable Mayor and City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
ATTENTION: CITY CLERK
Gentlemen:
This letter is to inform your Honorable body of plans being
formulated by San Diego Gas &Electric Company to construct additional
overhead transmission facilities in connection with construction of
generating Unit No. 5 at our Encina Power Plant in Carlsbad.
As presently envisioned we will need to install the following:
1. One 230 kv line between Unit No. 5 and Escondido Substation.
2. One 230 kv line between Unit No. 5 and Old Town Substation.
3. One 230 kv line between Old Town Substation and Mission
Substation.
The proposed facilities will all be installed within existing
riphts of way on which there are already existing transmission facilities.
The attached map will show you the location of these existing rights of
way and terminal points for each new facility.
This letter is only intended to serve as advance notice to you
However,
that these projects are a part of the construction of Unit No. 5.
Construction will begin on these lines approximately mid-1974.
in keeping with our long-range planning process we are preparing a complete
presentation on each line so that your Honorable body may have an opportunit]
to review and coment on the project(s).
historical background of the right of way, details on location; type of
structure or pole to be used to support the conductors; colored slide
presentation of the route; evidence of need and construction plans.
The presentation will consist of
AS soon as these presentations can be prepared we will notify your
Honorable body so that time may be arranged to make the presentation €or
the purpose of seeking your approval for the project(s).
INVESTOR-OWNEL, BY MORE THAN 75 nnn TrnrVunincnc
e
SAN DIEGO GAS & ELECTRIC COMPANY
e
May 11, 1972
Page 2
A list of the agencies which will be receiving a letter similar
to this is attached.
which would be interested in receiving a presentation, please let me
know.
If you feel we have left out some group or agency
Your continued interest and cooperation is appreciated.
Spyly , G,,, / ?
d
<-*,gqL, yJ /Cf4-* -. F. W. DeVore, Manager
Engineering Land Department
FWD :mr
Enclosures
c ' ,* e e
County of San Diego Board of Supervisors
County of San Diego Planning Commission
County Airport Operations Division
San Diego City Council
San Diego Planning Commission
City of Carlsbad City Council
City of Carlsbad Planning Commission
City of Escondido City Council
City of Escondido Planning Commission
County of San Diego Comprehensive Planning Organization
City of San Marcos City Council
San Marcos Planning Commission
Federal Aviation Agency
State of California Division of Highways
State of California Department of Parks and Recreation
Kearny-Vista Community Planning Organization
Clairemont Mesa Community Planning Committee
Morena Area Precise Plan Committee
Mission Valley West Community Planning Committee
University Community Planning Committee
San Dieguito Citizen's Planning Group North City-West Community Planning Committee
Rancho Santa Fe
City of Del Mar City Council
Del Mar Planning Commission
Miramar Naval Air Station
Ssn Diego Museum of Man
Lomas Santa Fe
La Costa
County of San Diego Environmental Development Agency
Open Space Committee for Tecolote Canyon
Cardiff-by-the-Sea Chamber of Commerce
Solana Beach Chamber of Commerce
Encinitas Chamber of Commerce
County of San Diego Public Works Agency
Lp -
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SAN BlEGba GAS 82 ELECTRBC COMPANY
P 0 8CX1831 SAN DIEGO CALIFOSNIA 92112
February 7, 1973
FILE NO Pu
Honorable Mayor and City Council
City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
Attention: City Clerk
Gentlemen :
Please refer to my letters to you of May 11 and June 29, 1972, regarding San Diego Gas & Electric Company's proposal to construct three electric transmission circuits (lines) in connection with Generating Unit #5 at the Encina Power Plant complex in Carlsbad.
In those letters I informed the City of Carlsbad that we were preparing an Environmental Report on the projec: as well as preparing to make a formal presentation on the
project.
We are prepared to make our presentation to you at public meeting or if you desire at a special conference.
This presentation will consist of a brief description of our project and slide presentation showing the areas of the County in which the new facilities are to be installed. It
is estimated that it will take 30 minutes for our presentatic
After the presentation we will request that your Honorable Body make a written statement as to your position on the project. This is in accordance with the California Public Utilities Commission General Order 131.
graph referring to this is quoted from the General Order as follows :
The para-
SECTION 5 - SUB-PARAGRAPH 'IF"
"A listing of the governmental agencies with which proposed route reviews have been undertaken, in-
cluding a written agency response to applicant * s written request for a brief position statement. The utility may submit a statement of its under- standing of the position of such agencies."
It is for this reason that we have already suppliec the Planning Commission with the Environmental Report. We
INYESTOR-OWNED E Y fVOPE %,4N ?5 000 STOCKHOLDERS
4 . * a
@) SAN DIEGO GAS $I ELECTRIC COMPANV
Honorable Mayor and, -2- February 7, 19' City Council
hope they are prepared to respond at or before our pre- sentation to your Honorable Body.
review and discussion at the earliest possible date, Would
YOU please call G. A. Bishop of my office to arrange the meet ing .
It is imperative that we meet with you for this
Thank you for your cooperation.
Sincmxely, r
(/e) /I' J2 *f" /;,&< (b -
F.*. dVore, Manager Engineering Land Department
FWD : pae
Phone 232-4252 Extension 1505
cc: G. A. Bishop
A. A. Sugg
.'/i
1')
i- m Q 4 F
August 23, 1973
TO: MAYOR DAVID DUNNE
FROM : City Manager
SUBJECT: INQUIRY REGARDING ENVIRONPENTAL IMPACT REPORT
In response to your question on the attached, I wish to advise that this Environmental Impact Report is the one
being prepared for the San Diego Gas and Electric in connection with their proposed constmetion of a high smoke stack. Those who are preparing the Lmpact report desired to get an expression from the community and that is why this letter of introduction was prepared for them.
FRANKLIN W. LIL
FWL : ldg
Att.
P- e 0
TELEPHC 12CO E u1 Ab ENUE
0;'l'ice OP ;the Ciry Hanager
CAXL."3BAD, CAL!FCRNIA 92008 (714) 729-
@Litp sf awrrsbaib
August i7, 1973 B [ s:
1 i, TO T;IHOM IT FAY CONCERN:
'\ \ Central Surveys, Inc. has informed the City \\ o Carlsbad that
they have been asked to conduct a survey by Westec\Services,
Inc. in connection with an Environmental Impact Report which
is being prepared for the City of Carlsbad.
Residents are not obligated to participate, however the
cooperation of' all persons contacted would be greatly
apprecizted.
-
In an effort to make the City a more pleasant place in which
to live, your participation is encouraged.
Ilease feel free to contact the Planning Department of the
City oI" Carlsbad if you have any questions. c L' \LcTvy
DON AGATEP
PLANXING DiRECTOR
DA : ldg
cc : FIayo:. /
City Attormy City Manager Chief of Police
i -1
I
Ii7_ -
A. M.
19 73 P.M.
I
ToDon Agatep DATE July 17
Re: Your Memo of 7-16-73
. Assuming the proposals submitted by WESTEC will meet all the applicab7e E.I.R. requirements, it should be
sufficient for our purposes. I would think that we should prepare a short agreement or letter of understanding between the City and the Gas and Electric Company indicating their approval of the contract with WESTEC and for their acceptance of the obligation to pay the
costs.
I would suggest that you discuss this matter with the
City Manager. It may be that we should have Council
I
!I
authorization before executing the agreement with WESTEC. - I r- ?-l ’j 9 f.w ,.. _,- fl ~ ,“,ypi- /I !**: ? ,‘ I I
iJd 72L!‘- 1 r;, 7-
/#
V1NCEIIT.F. BIOND0,JR. ->? I 1 REPLY ON THIS SHEET FROM City Attorney
Y R e: VEMORAYDUM 0 '' Ausust. :
TO: CITY MANAGER
FROM: PLANNING, 9IRECTOR
SUBJECT: COYSULTANT SERVICES CONTRACT FOR iNCINA POGJER PLANT STACK
Attached is a contract submitted by Westec ServicPs, Inc. to prepare the necessary Environmental Impact Report for the Encina Power Plant modification.
The City Attorney has reviewed the document and is of the opinion that it is valid. Therefore, I would recommend the subject contract be used and simultaneously the Staff prepare a standard contract for E.I.R. Services that may be used in the future.
cc: City Attorney Q LqqQ
DONALEI A. AGATE , Planning Director
0 e\
WESTEC SerJices, Inc. / 1520 S!c.'t Srrezt, Sin Dirjo, Calfom2 321 12 / (713) 2:
- \i:\\'\]p+J -!
73-209 July 13, 1973
f-ir. Donald Agatep
Director
Planning Departinent
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Subject: Proposal €or Consulting Services
Dear Mr. Agatep:
-
.. In response to your letter of July 13, 1973, l?ESTEC Services
is pleased to submit this letter agreement to prepare an environm
impact report for the planned Encina Plant Stack Modification Pro
This project consists of replacing the existing four stacks at el
190 feet with a single stack zt elevation 400 feet: The single s
will service all five (encina 1-51 steam units, The impact repor
be prepared to the City of Carlsbad guidelines.
Scope of Services
WESTEC Services, Inc. will prepare a draft environiiental imp
report €or the Encina Plant Stack in a format suitable for submit
the City of Carlsbad. The analysis will assemble available data ( vide assessments of the probable short-term and long-range effect
the project, as well as any measures to mitigate impacts. The ani
will be addressed to:
1. Human environmental impacts of the proj'gct related tor
a. Aesthetic and visual characteristics
b. Safety c. Construction-related functions (noise, socio-econor implications, etc. 1
2. Physical impacts dealing with:
a, Air quality effects b, Geologic and soils conditions
3. Any other impacts pertinent to the stack addition
- The impact report will follow the format and ordinagces adopt
the City of Carlsbad to implement the California Environmental Quz
Act of 1970 and State of California Environmental Impact Statement
lines adopted on February 5, 1973. A draft report in the amount o
.. '. e et.\ * -?IT. Donald Agatep July 13, 1973 c
Page 2
5 copies can be provided 5 weeks after an agreement to perform the
is signed. Thereafter, when the City's review is complete and cam are received, 50 copies of the final environmental impact report w
provided in five working days.
Program Responsibilities
-
WESTEC Services, Inc. will be responsible for the preparation
environmental impact report with David L. Parkinson serving as stu
director. The objective of our work will be a complete and compre analysis of the environmental impacts associated with the E-rrcina P Stack Project. Our report will draw on other environmental studie
formed by consultants to San Diego Gas 6 Electric Company for the
sion of the Encina Plant.
Fees
We estimate that our total fee €or the services outlined abov
be in the vicinity of $7,900.00 and we will not exceed this cost w specific authorization from the City of Carlsbad. Monthly progres payments based on invoices submitted for work accomplished are req.
The fee quoted would-cover costs involved in completing the a nent with the submission of the draft environmental impact reports the City of Carlsbad. A submission fee of $200.00 payable to the i Carlsbad is included in the above price estimate. Any follow-up a.
ments related to presentations or reviews with public bodies could best provided €or in a mutually acceptable supplemental agreement.
Acceptance
You may authorize WESTEC Services, Inc. to proceed with the a:
ment outlined here by returning a signed copy of This agreement fo: files.
Respectfully submitted, 7 by:
William R. Eldredge
Vice President
x>zph4iqP& or 2 e City o Ca Is ad
Date &dl&&ey/+/
/ps 4f-
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Page 2
5 copies can be provided 5 veeks after an agreement to perform
is signed. Thereafter, when the City's review is complete and are received, 50 copies of the final enviromentzl impact repor
provided in five working days.
Program Responsibilities
T4ESTEC Services, Inc. will be responsible for the preparat environinental inpact report with David L. Parkinson serving as
director. The objective of our work will be a conplete and COF analysis on' the environmental impacts associated with the Encin Stack Project, Our report will draw on other environmental stu
forined by consultants to San Diego Gas 6 Electric Company for t
sion of the Encina Plant.
Fees
'We estimate that our total fee for the services outlined E be in the vicinity of $7,900.00 and Fie will not exceed this coz
specijFic authorization fTom the City of Carlsbad, Monthly pro$ papLents based on invoices submitted €or work accomplished are
The fee quoted would cover costs involved in completing tI. ment with the submission of the draft environmental impact repc
the City of Carlsbad. A submission fee of $200.00 payable to 1 =Carlsbad is included in the above price estimate, Any follow-1 ments relafed to presentations or reviews with public bodies c(
best proviaed for in a mutually acceptable supplemental agreemf
kccep tance
You nay authorize WESTEC Services, Inc. to proceed with t'l ment outlined here by returning a signed copy of this agreemen1
files.
Respectfully submitted, Approved by:
1
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...
/-& e-- 4?-+--
Willizn R. Eldredge For the Cizy of Carl:
Vice President
Date
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(official Residence, number I
use only) and street 1 voter of Carlsbad
'Name of registered
!<siyn) I i jjrxnz 1 - i
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I - IilFign)
bpyiiiir
7sign)
i ~JI Fi Zt )-
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___________
___________ I
i li s iyn )
k----------------_ (print)
Date of
Signing
-
I
(sign)
i 13 r in t ) 1: - - - - - - - - - - - - -
jisign) _____________ (print)
(sign)
(print)
(sign)
-_____________
-- - - - - - - - - - - - I - - (print)
(s ign)
(print) -_____________
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I PURPOSE OF THE KSFERENDUM
Carlsbad Community Cause contends that when a proposed projec
has a profound environmental, social, and economic impact on the
area, the issue should be placed on the ballot and decided by a
vote of the people. The orpanbation also believes the public
needs more information on this matter and the effects it would
have on our community and lives,
Qualification of this referendum would achieve these two ends
This petition will insure that the people may exercise their con-
stitional riFht to directly determine matters of vital importance,
and that more information will be provided on both sides SO that
an educated and objective choice can be made, Your signature on
this peti-tion will in no way obligate you to vote either for or
ayainst this project in the referendum election,
This is the dernocratic way.
a e e
CARLSBAD COMMUNITY CAUSE - plot 6o)c 37
CARLSBAD, CA 92008
(714) 729-806-5 6 i3 '!G
May 12, 3-976
Pk. 2obert 5. %orris, Dresfdent
Pee, Box 1831 San %ego, Caltfornia
Dear IJJ, Morris:
Sari ~iego Gas & 'Zlectric C=cm?any
Carlsbad Comnj.-ty Cause stronFly yrotests yotar mi-srepre
ation of t:hc purport of our referendw. netition in your lette to ah1 SDGSrZ CarlsEad cust3mers (Eb.39 6, 1876) and in YOUF fvl
newspaper ads (ILqy 11. and 12, 1976)& Our orpanization sent a cia1 COPY af our referendum wtition torether with a cover le specifically statfng the intent of th.5 petition to Yr. Jack T
your CQ~D~~Y Yay 5, 1976. :.?e do not see how R misunderstandi
have been possible,
The subject of our referendum petltion 1~ the 40C foot S stack and NOT Zncina 5, The purpose of the Fetition is to br
matter before the electorate in the event the city coulncil do
choose to reverse it's decision, erials included in our petition qacckets.
-
This is made. very e1.eF.r in
The Tight to the referendLjm nrocess is pxrantaed to eve
subvert this ~roeess by puroosefillly misrepresentinr th, 0 inte referendum petitinn, 'Fe further resent your use of seart and
tactics to intimidate the people.
ing any further statemegts of this nature, .
zen in the State Constitution, r- we stronply ot;ject to your at
Carlsbad Cnvmunitg Crrwe asks that you cease and desist
Very sincerely yours,
&LJ@d n p mesideqt
ommunity Cause
Enes: 3
ccs : ttorney General. ' s Off ice
1 JA CarlsSad CLiSv Council
S.D. County Board of Supervisors
John StuJ.1- wi9. J_ iam Graven
'Jorden R YJiIIisms9 attnys a+= law /
Pre s s
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SDa€ SAN DIEGO GAS & ELECTRIC COMPANY
P 0 BOX 1831 SAN DliGO CALlFORNln 92112
(714) 232-4152
May 6, 1976
FILE NO
P
R E MORRIS
PRESIDENT /
I
Dear Customer,
to the community of Carlsbad in the next few weeks.
for Encina 5, San Diego Gas & Electric Company's proposed addition to its Carlsbad plant, You will be asked to sign a referendum petition placing the issue on the ballot, thereby rejecting what it has taken state and your own local government four years to
Energy is going to become an issue of great importance
You will be hearing a lot of talk that there is no need
e decide.
Before you consider giving your signature, I would like to ask you to consider this: Further delay of Encina 5 will result in unnecessary and tremendously high costs for SDG&E customers.
The need for new energy sources is very real. Demand projections tell us that without new sources, shortages and outages could be expected as early as 1978--at the latest by 1980.
Encina 5 is the only new energy source that could possibly be ready to meet that demand. Furthermore, it has already received approval from every responsible environmental and government agency, including the Carlsbad Planning Commission and City Council.
Because of improved efficiency, Encina 5 would cut fuel oil con- sumption by 5&-QQQAb-4x-~eJ3 each month. That represents a savings at current oil prices of $700,000 a month.
An additional $680,000 is being lost each month due to construction cost escalation and interest. The total expense of delay amounts to $1,380,000 each month. show up on your utility bill.
Cleaner air is one of the benefits. With a single taller stack, rather than several short stacks, emissions will be released into upper air levels where strong winds dilute and disperse them more readily. Another benefit is the added tax base, which will tend to relieve the pressure on homeowners. The taxes we will pay on Encina 5 are roughly equal to $135 per year for each residence in Carlsbad.
What is the actual cost to you of delay on Encina 5?
__._-__- --- --_ "_"-...r--.-
These expenses eventually
There are other benefits to be gained from Encina 5.
AN INVLSTOH OWNED CORPOR4TION
qUap?Sald
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CARUBAD
COMMUNITY
CAUSE
9 CARLSBAD, CA ' P.O. Box :
May 4, 1976
Mr. Jack E. Thomas Vice President ,
Power Plant Engineering and Construction
San Diego Gas & Electric
101 Ash Street San Diego, CA, 92112
Mr, Thomasr
This is to put you on notice that Carlsbad Community Cause intends to qualify a referendum on the Encina 5/
400' stack.
Sincerely,
/+??X& 7 & %457ir/
ames T. Bowen President
/
cc:f'$aul Bussey, Carlsbad City Manager - Members, Carlsbad City Council The Press
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Registered, Return Receipt Requested
0 CARLSBAD COMMUNITY CRSE
3831 MARGAREI WAY
CARLSBAD, CA 92008
__-
(7 14) 729 - 8065
J p 1- i ' i 27; 1976
Faill iissey City i.,jnac,er Carlsbad, hl i fornia
3ear hr. Bussey,
Carlsbad Comml;nity Cause requests that the public tiearing on the San Diego Gas and Electric 400 foot stack be renoticed. de are aware that this is an
unusual request but we feel that the circumstances are such that it is reasonab
ihe public hearing did afford n:any concerned Citizens to speak, but the conditi were not generally available for inspection. The Council people did indicate th they were askin5 for ratner substantial changes at the conclusion of that very
long night, and the final copies of the ordinance werenot available until this afternoon. ;/e do notfeel that there has been sufficient time to examine the ordinance and since there does not appear to be any other time in which to address the Council as a group on the conditions, it would seen1 appropriate to grant our request.
lle \were unable to properly prepare for this eveninGIs meeting because the material was not available, however >;e ~ust mint out that 8(R) of the Crdinance would appear to be inaccurate.
(2l.X.020 (3) states ..." There shall not be permitted any use which creates noxious gas or odor, excessivc- sound vibration or significant atnospheric pollution."
Ne feel that not providing time for the public to properly prepare is an effect
-
The provisions of t!ie PL: zone
way of denying public participation in the decision making process.
,Si nce re1 y ,
&Jim Bowen, President Carl sbad Community Cause
%&?
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. 0 NOTICE OF PUBLIC ,HEARING * *$
4' . Re: Specific Plan Amendment and EIR
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NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad wi
hold a Public Hearing on Tuesday, April 20, 1976, at 7:OO P.M. in the Counci Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to
Specific Plan 144 (SP-144B) of Title 21 and an Environmental Impact Report (EIR-205) of Title 19 of the Municipal Code of the City of Carlsbad to permi the construction of a 400 ft. single stack to replace the four existing stac at the Encina Power Plant on property located on the West side; of Carlsbad
87 vd. between Cannon Road and Chinquipin Street, addressed a.s p600 Carlsbad
B'lvd. , and more particularly described as : I
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of San Diego, together with that portion of Blk. W Palisades Number Two, Flap No. 1803'in the City of Carlsbad,
Parcei s 24, 25, 25 & 27, page Of, Book 210; Parcel 21, page 27 , Book 211. and Parcel 14, page 01, Book 212 of the Assessor's Map of San Diego County.
. County of San Diego. Also being Parcel 6, page 07, Book 206;
APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COUNCI
San Diego Gas & Electric Company
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-... '0 NOTICE OF PUBLIC HEARING -*
Re: Specific Pian Amendment and EIR
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad w
'hold a Public Hearing on Tuesday, April 20, 1976, at 7:00 P.W. in the Counc Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to Specific Plan 144 (SP-144B) of Title 2.l and an Environmental Impact Report
(EIR-205) of Title 19 of the Fllunicipal Code of.. the City of Carlsbad to perm
the construction of a 400 ft. single stack to replace the four existing stal at the Encina Power Plant on property located on the Nest side! of Carlsbad
B7vd. between Cannon Road and Chinquipin Street, addressed as B600 Carlsbad Blvd. 9 .and more particul arly described as : I
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of
Carlsbad, County of San Diego, together with that portion of
Blk. W Palisades Number Two, Map No. 1803 in the City of Carlsbad, County of San Diego. Parcels 24, 25, 26 & 27, page 07, Book 210; Parcel 21, page 21, Book 211. and Parcel 14, page 07, Book 272 of the Assessor's Map of
Sari Diego County.
,
Also being Parcel 6, page 07, Book 206;
APPLICANT:
Publish: April 7, 1376 CAKLSBAU CITY COUNC.
San Di ego Gas & El ectri c ,Company
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Re: SpecSfic Plan Amendment and EIR
N9TICE IS HEREBY GIVEN that the City Council of the City 0.F Carlsbad w' 'hold a Public Hearing on Tuesday, April 20, 1976, at 7:CO P.M. in the Counc- Chambers, 12OU E?M Avenue, Carlsbad, California to consider an amendment to Specific Plan 144 (SP-744B) of Title 23 and an Environmental Impact Report
(EIR-205) of Title 19 of the Municipal Code of..the City of Carlsbad to perm. the construction of a 400 ft. single stack to replace the four existing stac at the Encina Power Plant on property located .on the West sider of Carlsbad
R1 vd. , and more particularly described as :
Blvd. between Cannon Road and Chinquipin Street, addressed as R600 Carlsbad I
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of San Diego, together with that portfoil of B7 k. W Pal isades Number Two9 Map No. 1803 in the City of Carl sbad,
Parc,e!s 24, 25> 26 e: 27, page 21 , Book 210; Farce1 27, page 21, Book 271. and Parcel 74, page 07, Book 212 of the Assessor's Map of San Diego County.
.
. County of San 5iego. Also being Parcel 6, page 07, Book 205;
APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COIINC;
San Diego Gas ti Electric Company
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I) . NOTICE OF PUBLIC HEARIriP ,-4
Re: Specific Plan Amendment and EIR
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad W-
hold a Public Hearing on Tuesday, April 20, 1976, at 7:OO P.M. in the Counc- Chambers, 1200 Elm Avenue, Carl sbad, Cal i forni'a to consider an amendment to Specific Plan 144 (SP-1445) of Title 23 and an. Environmental Impact Report (EIR-205) of Title 19 of the Municipal Code of the City of.Carlsbad to perm: the construction of a 400 ft. single stack to replace the.four existing stac at the Encina Power Plant on property located .on the West side1 of Carlsbad Blvd. between Canrion Road and Chinquipin Street, addressed as D600 Carlsbad Blvd., and mare particularly described as:
Those portions of Rancho Agua Hedionda, Map 'Mo. 823 in the City of
Carlsbad, County of San Diego, together with that portion of Blk, bf Palisades Number Two, Map No. 1803 in the C;Cy of Carlsbad, County of San Diego. Also .being Parcel 6, page 07, Book 206;
Parcels 24, 25, 26 & 27, page 01, Book 210; P&rcel 2!, page 21, Book 217. and Parcel 14, page 01, Book 212 of the Assessar's Map of Sap Diego County.
j
APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COUNCl
San Diego Gas & Electric Company
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0 NOTICE OF PUBLIC ,HEARING e
Specific Plan Arnen,dment and Elk
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v Re:
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad w hold a Public Hearing on Tuesday, April 20, 1976, at 7:OO P.M. in the Counc
Chambers, 1200 Elm Avenue:, Car? sbad, Cal i f0iVi a to consider an amendment to Specific Plan 144 (SP-1443) of Title 2.1 and an Environmental Impact Report (EIR-205) of Title 19 of the Mmicipal Code of the City c.f Carlsbad to perm the.construction of a 400 ft. single stack to replace the four existing stal at the Encina Power Piant on property..located on the West side1 of Carlsbad
Blvd. between Cannon Rcad and Chinquipin Street, addressed as h600 Carlsbad Blvd. I) and more particularly described as:
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of
Carlsbad, County of Sam Diego, together with that po'rtion of Blk. W Palisades Number Two, I.:a.p No. 1803'in the Cit.y of Carlsbad, County of San Diego. Also being Parcel 6, page 07, Eook 206; Parcels 24, 25, 26 & 27, page 01, Book 210; Parcel 21, page 27,
Book 211. and Parcel 14, page C!15 Book 272 of the Assesscr's Map of San Diego Comnty.
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APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COUNC'
San Diego Gas & Electric Company
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> e NOTICE OF PUBLIC H.EARING 1)
4. ' Re: Specific Plan Amen,dment and EIR
NOTICE IS HEREBY GIVEN that the City Council o-f the City of Carlsbad 1.~'
hold a Public Hearing on Tuesday, April-20, 1976, at 7:OO P.M. in the Counc.
Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to Specific Plan 144 (SP-144B) of Title 2.l and an Environmental Impact Report (EIR-205) of Title 19 of the Municipal Code of the City of Carlsbad to perm'
the construction of a 400 ft. single stack to replace the four existing stac at the Encina Power Plant on property located on the West side1 of Carlsbad Blvd. between Cannon Road and Chinquipin Street, addressed as 11600 Carlsbad
Blvd. , and more particularly described as :
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carfsbad, County of San Diego, together with that portion of Blk. W Palisades Number Two, Map No. 1803'in the City of Carlsbad, County of San Diego.
.Book 2'17. and Parce? !4; ;age GI, Cook 272 of the Assessor's Map of San Diego Comty.
!
Also being Parcel 6, page 07, Book 206; Parcels 24, 25, 26 & 27, page 01 3 Book 210; Parcel 21, page 21 ,
APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COUNCl
San Diego Gas & Electric Company
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* 0 NOTICE OF PUEXIC,HEARING() .
Re: Specific Plan Amendment and EIR
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad \v
'hold a Public Hearing on Tuesday, April 20, 1976, at 7:OO P.M. in the Counc Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to
Specific Plan 144 (SP-144B) of Title 21 and an Environmental Impact Report
(EIR-205) of Title 19 of the Municipal Code of..the City of Carlsbad to perm the construction of a 400 ft. single stack to replace the four existing sta at the Encina Power Plant on property located on the West sidei of Carlsbad Blvd. between Cannon Road and Chinquipin Street, addressed as !I600 Carlsbad
Blvd., ,and more particularly described as:
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of Sari Diego, together with that portiorl of Blk. W Palisades Number Two, Map No. 1803 in the City of Carlsbad, County of San Diego, Parcels 24, 25, 26 & 27, page 01, Book 270; Parcel 21, page 21 , Book 217. and Parcel 14, page 01 p Book 212 of the Assessor's Map of San Diego County.
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. Alsc being Parcel 6; page 07, Book 2%;
APPLICANT: San Diego Gas & Electric Company
Publish: April 7, 1976 CARLSBAD CITY COUNC: ..
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STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO: ss
I, NORA K. GARDINER, Deputy City Clerk of the City
of Carlsbad, County of San Diego, State of California,
hereby certify that I have compared the foregoing copy
of Resolution No. 1224, which original Resolution is on
file in the Planning Department; that the same is a true
and correct copy.
WITNESS my hand and the Seal of the City of Carlsbad,
this 23rd day of Atigust, 1976.
0iL.d
/ &GI4 y City Clerk .. '*
(SEAL)
4
.
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STATE OF 'CALIFORNIA:
COUNTY OF SAN DIEGO: ss
I, NORA K. GARDINER, Deputy City Clerk of the City
of Carlsbad, County of San:Diego, State of California,
hereby certify that . I -- have - _. compared the foregoing copy
of Resolution No. 986, which original Resolution is on
file in the Planning Department; that the same is a true
and correct copy.
WITNESS my hand and Seal of the City of Carlsbad,
. this 23rd day of August, 1976.
/ Up .NORA K. GARD~NER, ~eputy City ciI
(SEAL)
4
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e NOTICE OF PUBLIC HEARING 6
Re: Specific Plan Amendment and EIR
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad wil
hold a Public Hearing on Tuesday, April 20, 1976, at 7:OO P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to Specific Plan 144 (SP-144B) of Title 21 and an Environmental Impact Report (EIR-205) of Title 19 of the Municipal Code of the City of Carlsbad to permit the construction of a 400 ft. single stack to replace the four existing stack at the Encina Power Plant on property located on the West side of Carlsbad B1 vd. between Cannon Road and Chinquipin Street , addressed as 4600 Carl sbad
Blvd. , and more particularly described as:
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of San Diego, together with that portion of
Blk. W Palisades Number Two, Map No. 1803 in the City of Carlsbad, County of San Diego. Also being Parcel 6, page 07, Book 206;
Parcels 24, 25, 26 & 27, page 01 , Book 210; Parcel 21 , page 21 ,
Book 211 and Parcel 14, page 01, Book 212 of the Assessor's Map of
San Diego County.
APPLICANT:
Publish: April 7, 1976 CARLSBAD CITY COUNCIL
San Diego Gas & Electric Company
1.
.-
NOTICE OF PUBLIC HEAR1 @ 0
Re: Specific Plan Amendment and EIR
NOTICE IS HEREBY GIVEN that the Planning Commission of the
City of Carlsbad will hold a Public Hearing on Wednesday, January 28, 1976, at 7:30 P.M. in the Council Chambers, 1200 Elm Avenue, Carlsbad, California to consider an amendment to Specific Plan 144 (SP-144B) of Title 21 and an Environmental Impact Report (EIR-205)
of Title 19 of the Municipal Code of the City of Carlsbad to:
permit the construction cf a 400 ft. single stack to replace the four existing stacks, at the Encina Power Plant
on property located on the West side of Carlsbad Blvd. between Cannon Road and Chinquipin Street, addressed as 4600 Carlsbad Blvd and more particularly described as :
Those portions of Rancho Agua Hedionda, Map No. 823 in the City of Carlsbad, County of San Diego, together with that portion of Blk. W Palisades Number Two, Map No. 1803 in the City of Carlsbad, County of San Diego. Also being .Parcel 6, page 07, Book 206; Parcels 24, 25, 26, & 27, page 01, Book 210; Parcel 21, page 21, Book 211 and Parcel 14, page 01, Book 212 of the Assessor’s Map of San Diego County.
Those persons wishin? to speak on these proposals are cordially in vi Led i.6 6’iteiici the pirtjlfc heciaifig. If YOU have eny qzestior.2, ~1 call 729-1181 and ask for the Planning Department.
APPLICANT:
Published: January 15, 1976 CITY OF CARLSBAD PLANNING DEPART
San Diego Gas & Electric Company
.*
F' -k 0
F 'Book 206
Page 012
Parcel 8. Ruzicka, Milo P. 8c Marjorie Lo
3970 Garfield St.
Caplsbad, CA. 92008
3978 Garfield St. Carlsbad, CA. 92008 .
3978 Garfield St.
Carlsbad, CA, 92008
1805 N. willow Rialto, CA. 92376
9. 'Helgesen, Thorlelf & Astri W.
10, Helgesen, Thorleif
11. Vincent, Ronald P. & Eeverly M.
Page 013
Parcel 2. Sea View Cofidominiums ,$ Don Freeman 51485 55th St.
San Cicgo, CA. 92115
$Don Freeman 985 55th St,
San Diego, CA. 921x5
143 Sequoia St.
Czrlsbad, CA. 92008
1212 W. 162nd St. Gardena, CA. 90247
159 Sequoia Ave.
Carlsabd, CA. 92008
7. Lee, William C. & Helen M. 169 Sequoia Ave.
Carlsbad, CA, 92008
P. 0. Box 11667 Santa Ana, CA. 92711
3. Sea View Condominiums -
4. McConnaughay, Kelen W.
5. Heard, Jefferson C. & Evelyn
6. Litchfield, Epnest 5. 8; George R.
11. Hall, Jack N, 8: Dorothy D.
5 x 1; .
0 e'
B66k 206
Yage 013
Parcel 12, Miller, Robert E. & Pola, Taylor, Harris A, eC F
L. 430 Rodeo Drive Apt. 101
L1 Beverly Hills, CA. 90210
13. Miller, Robert E. 430 Rodeo Drive. Apt. 101 Beverly Hills, CA. 90210
430 Rodeo Drive. Apt. 101 Beverly Hills, CA. 90210
430 Rodeo Drive, Apt. 101 Beverly Hills, CA. 92010
16. Duro, Irene P. % Coulter & Gray 439 Rodeo Drive, Apt. 101
14. Miller, Robert E.
15. Miller, Robert E.
Beverly Hills, CA. 90210
1'7. Duro, Irene P. $ Coulter & Gray 430 Rodeo Drive, Apt. 101 Beverly Hills, CA. 90210
P. 0. Box 548 Carlsbad, CA.. 92008
3981 Gawf'ield St. Carlsbad, CA. 92008
18. Lull, Jeannette L. % Melvin F. .Lull
19. Frinchaboy, Warren F. & Alice L.
Page 02
Parcel 15. Ehgebrits, Norman eC Ersila 1133 Camino Del Sol Circle
.Cadsbad, CA. 92008 -
16. Bond, Royce G. & Narda R. 240 Chinquapin St. Carlsbad, CA. 92008 1
Page 07
Parcel 1. Dellarnano, F. Lorene 4011 Garfield St. Carlsbad, CA. 92008
0 0 t7
s, B t
b BO& 206
Page 07
Parcel 2. Gallant, Philip H. & Anabell B. 175-B Chinquapin Ave. Carlsbad, CA. 92008
430 Rodeo Dr. Apt. 101
Beverly Hills, CR. 90210
3. Miller, Robert E.
4. Miller, Robert E. 430 Rodeo DL, Apt, 101'
Beverly Xills, CA. 90210 '
Page 08
Parcel 1. Bzughrnan, Edna
1802 Arkansas Ave.
Wichita, Kabsas 67203
4016 Garfield St. Carlsbad, CA. 92008
2. Markey, Margaret M.
3. Kutlesa, Joseph & Jean E
4024 GailL'lelCi St,. Apt. Z
Czrlsbad, CA. 92008
P
4. Kutlesa, Joseph & Jean-
4024 Garfield SIL. Apt. B
Carlsbad, CA. 92008
2730 E. Vista Way
Vista, CA. 92083
5. Davies, Llewella G.
6. Da-Jies, Llewella G.
2730 E. Vista Way Vista, -CA. 92083
2730 E. Vista Way Vista, CA. 92083
4058 Gari'ield St.
Carlsbad, CA. 92008
7. Davies, Llewella G.
8. Raleigh, Charles F. 8c Mary V.
..
t e -4 - a 2' -. r.
.I 1
f Book 206
k, Page 08 i k k 3481 Garfield St. 6 Carlsbad, CA. 92008
Parcel 9. Milliken, Jesse 8G Florence E.
10. Burke, Chester L. & Helen J. 251 Chinquapin Ave. Carlsbad, CA, 92008
. 11. Burke, Chester L. & Helen J, 251 Chinquapin Rve.
i 5 1
F
F i
D
&*
I
E Carlsbad, Ck. 92008 F
f 12. Lloyd, Ruth A. (AKA Gordon)
265 Chillquapin Ave.
25. Gerurn, Gustav eC Elisabeth 27644 Nebraska Ave. South Gate, CA. 90280
t Carlsbad, CA. 92008 P
Page 091
Parcel 1. Neese, George H. & Sabina M,
sox 973
Carlsbad, CA. 92008:
Box 975
1
6
2. Meese, George H. & Sabiria M. 1, t;
1 [ .Carlsbad, CA. 92008
k 3. Meese, Gecrge H. 86 Sabina M.
k Box 975 . Carlsbad, CA. 92008
'2,099 E. Orange Blvd. No 120
4. Saitzer, I~Jilliarn & Elvira A.
Long Beach, CA. 90803 -L
5. Reddoes, Elizabeth B,
4092 Garfield St.
Carlsbad, CA. 92008
220 Olive Ave.
Carlsbad, CA. 92308
i
i t
I
I' I f
i i 6. Nelson, John & Margery A,
L
7. Meese, George H. & Sabina 14,
Box 975 Carlsbad, CA. 92008
6
F c
e J 0 rf, 1 i%
Book 206 L Page 091
Parcel 8. Davis, Mary L. 1 236 Olive Ave.
g
Carlsbad, CA. 92008
5136 N. Pack Road
El Dlonte, CA. 91732
11. Baird, Jim B. & Catherine L. 306 Olive Ave. Carlsbad, CA. 92008 .
3910 N. Walnut Grove Ave, Rosemead, CA 91770
LO, Vivant, Edwin C, & Giennie 13. 1
f 'F E k e
13. Kigmam, Anna H. TR
1
Page 092
Parcel 1. Rosendzhl, Wesley 0. &: Amy €1.
E
4132 Garfield ' Ave. Carlsbad, CA, 92008
2. Bonas, Arthur 5. & Margaret J. 241 Olive Ave.
. Carlsbad, CA. 92008
3. Bonas, Arthur J. & Nargaret J.
241 Olive Ave. Carlsbad, CA. 92008
Tufillaro, Joseph & Joyce L. 831 Olive Ave. Carlsbad, CA. 92008
Bonas, Arthur -J. & lviargaret J. 241 Olive Ave. Carlsbad, CA. 92008
Beust, Ben 0. & Bess W. 315 Olive Ave.
6.
8.
9.
k Carlsbad, CA. 92008
1 10. AT&SF c
!, '
11, AT&SF Ra i / wo y CG w PCJ )? y
fZi /G* duj &+reef
" 1
. Page 120 L5 Ar35c/es, C4. c/o- /I 1
Parcel 16. Newtor?, James Q. Jr.,$ United Bank of Denver t P. 0. BOX 5247-0096 1: Denver, Colorado 80217
5 i
1 '; F
0 0
Page 120
Parcel 17. Herzen-Pettik, Inc., ET. AL 453 S. Spring St, Suite 725 Los Angeles, CR. ' 90013
18. Brandau, James F. & Paula S. 110 Rosemary Dr. North Kingstown, R. I. 02852
19. Freeland, Eugene L. P. 0. Box 732 Rancho Santa Fe, CA. 92067
21. Klug, Claude J. & Tobye F. 16931 Edgewater Lane
Huntington Beach, CA. 92649 i k
i i 22 Winter, Ray IJ. & Barbara
t' P lr[& Rocky Road Fullerton, CA. 92631
% Crocker Bsnk, 611 W. 6th Ave.
E t
5 28. Keyerson, Max S. & Natalie S.
k F
1 29. Stoterau, M. Gale & Beverly
F Los Afigeles, CA. 90060 L f ..
$ Crocker Bank 671 w. 6th Ave,
s Los Angeles, CA. go060 1 f i r. 30. Winter, .Barbara E P. 0. Box 607 Encinitas, CA. 92024 t:
1; . Page 17'1 E r, Parcel 1. Stabile, Jose-dh E. & Henrietta 14.
14097 Morrison St. Sherman Oaks, CA. gl~r03
415 Huntley Dr. Los Angeles, CA. 90048
f 2. Ecke, I:rarner 8s Mary c 1.
b- f
I e 0
Book 206
Page 1'72
Parcel 2. McCarvery, Charles F. 1756 Dora Drive Cardiff, C-4. 92007 i
L 399 Quail Gardens Dr. a 3. Vogel, Ruth
Er?cinitas, CA. 92024
4, Bi$sner, John W.
1' 1703 27th St.
L Bakersfield, CA, 93301 .
I. r 5. Wigter, Barbara E. Dealey, Ruth H.
I 1745 Rocky Road Fullerton, CA. 92631
1745 Rocky Road
7.
? 6. Winter, Barbara E. Dealy, REth H.
[ Fullerton, CA. 92631 E 7. Dea,ly, Ruth H. & Winter, Barbara e: Fullteron, CA. 92631 1745 Rocky Road
I ?2ge 20Q
Parcel 1. Pclaurer, N. P. 5305 Carlsbad Blvd, Carlsbad, CA. 92008
453 s. Spring St. k Los Angeles, CA. 90013 1 3. Owen, Florence M.
2, Vonherzen, C. P. & Ecke, Paul Jr.
1
38Q5 La Cresta Drive San Diego, CA. 92107 1 4. Lott, Marguerite, C.
126-~ Avenida Majorca t Lagu.na Hills, CA. 92653
5. Stervart, Hugh & Zella 1836 Titus St.
San Diego, CA, 92lZO 1
6, Bear, F, James & Suzanne 2665 State St. San Diego, CA. 92103
2865 State St. San Diego, CA. 9?103
7. Bear, F. James & Suzanne
.
fi:
0 e Book 206 Page 200
Parcel 8. Casey, Bonnie G.< 1391 Rubio St. Altadena, CA. 91001
9. Casey, Bonnie G.
1301 Rubio St. Altadena, CA. 91001
Page 222
Parcel 22. Papagayo Developers % Hunt & Associates
3024 5th Ave. San Diego, CA. 92103'
Book 207 Page 101
Parcel 1. Ferrero, Nino ET.AL 3001 W. Beverly Blvd. Montebello, CA. 90640
4675 El Camino Real Carlsbad, CA. 92008
10. Kelly, Allan 0.
11. L L. R. Partnership Ltd $ Kamar Construction P. 0. BOX 71 Carlsbad, CA. 92008
Page 150
Parcel 55. Sievers, R. L. & Sons Inc. 4237s T?qeedy Blvd. South Gate, CA.. 90280
Bristol Cove Property Owners Assoc.
P. 0. B3ox 37 Carlsbad, CA. 92008
59. Kudmna, Charles 5.
58.
2977 Passinore Dr.
Los Angeles, CA. 90038
0 / 0
Book 207 Page 150
Parcel 60. Bristol Cove Property Owners Assoc. P, 0, Box 37 Carlsbad, CA. 92008
79. Sulli, Jack 8s Esther 4715 Cove, Unit No. 1
Carlsbad, CA. 92008
81. Sievers, R. L. & Sons, Inc. 4237$- Tweedy Blvd. South Gate, CA. 90208 -
Book 208 Page 02
Parcel 28. Kelly, Allon 0. P. 0. Box 335 Carlsbad, CA, 92008
Book 210
Page 01
Parcel 3. Ecke, Paul 8c Magdalena P. 0. Box 488 E3cinitas ~ CA. 92024
28. Cannon, W. D. P. 0. Box 532 Carlsbad, CA. 92008
Page 02
Parcel 1. Moriarty, David H. & Marguerite M. 497 Ogden Drive Los Angeles, CA. 90036
2. Renken, Robert B. & Marilyn 5206 Tierra Del Oro St. Carlsbad, CA. 32008
3. Renken, Robert B & Marilyn 5205 Tierra Del Oro St. Carlsbad, CA. 92008
4. Hemy, Melvin & Kay
5030 Tierra Del Oro Carlsbad, CA. 92008
.
e lab'; LV e
Book 210
Page 02
Parcel 5. Naerklc, Fred 12. G Eetty M. P. 0. Em 398
Carlshad CA 92008
6. Moriarty, hvid H & Marguerite M.
5036 Tierra Del Oro St.
Carlsbad CA 92005
Price, J. Harry & Frances J.
5040 Tierra Del Oro St.
Carlsbad CA 92008
Barlow, William R. 6: Agnes E.
5039 Tierra Del Oro
7. E
8.
1 e"
Carlsbad CA 9.2008 * i
9. Barlov, Margaret J.
5035 Tierra Del Oro
Carlsbad CA 92008
10. McAuley, J.E. 6- Verna
5031 Tierra Del Oro
Carlsbad CA 92005
Spivey, Arthur W. &Mary B.
5029 Tierr2 Del Orn
Carlsbad CA 42003
1 1
P c 11.
i
12. Pedersen, Dorothy A. f 1 5
1
ii 1
5025 Tierra Del Oro
Carlsbad CA 92008
c 13. Clements, William W. & J. Karen
363 8. First Ave.
Phoenix, AZ 85003 .
t 14. Valectine, Edward L. & Murie H.
9335 E. Friendship St.
Pic0 Rivera CA 90660
PiiLler, John W. & Narilyn J,
Carlsbad CA 92008
15. I
I. 5015 Tierra Del Oro
c.
16. Prewitt, Louise 0.
P.O. Ros 75037 5 1 Los Angeles CA 90005
s 17. Schiff, Frank S. & Susanne I
I
1440 Circle Dr.
San hiarino CA 91108
18. Sorvcr, Ruth L.
-2337 E. Alaska St.
Kcst Covincl CA 91790
.e Page 11 -0 8' 21'
I,
Book 210
Page 02
Par cc 1 19 I Pacific Investment Co.
P.0. EciI 532
Carlsbad CA 92008
20 Pacific Investment Co.
P.O. Box 532
Carlsbad CA 92008
21, Kerwood, Quentin & Dorothy E,
5016 Tierra Del Oro
Carlsbad CA 92008
Pagc 031
Parcel 1. Kyes, Xargret P.
5021 Shore Dr.
Carlsbad Ch 92008
2. Kay,Jerry & Lillian 8615 Fsmell Y1. Los A:?geles, CA90069
3. Baxter,Thomas & Pat
5051 Shore Dr.
CarLsbzd cn 92098
Page 033
Parcel 2. Hansen, Clarence J. & Henrietta Q.
5080 Carlsbad Rlvd.
Carlsbad CA 92008
3. Bollican, Ferdinand L. & Elizabeth D.
5038 Carlsbad Elvd.
Carlsbad CA 92008
8. NcAdanis, John W. I1 & Belva L.
5051 Los Robles Dr.
Carlsbad CA 92005
a'. P
4 9. Varilek, Raymond R. & Ursula M.
112% Diaimnd Ave.
Balboa Island CA 92662 k
14. Xveng,Charles & Mary M.
5103 J-os Robles Dr.
Carlsbad CA 92008
I
h
1 15. Sarain, Edith P.
5079 Los Robles Dr.
Carlsbad CA 92005
5065 Les Robles Dr.
Carlsbad CA 9,2008
16, Miller, Walter G. & Virginia M.
4 t
-.. Page 12
-0
Bosk 210
Page 033
Parcel 17, licildams, Johu W, 11 & Belva L,
5051 Los Robles Dr.
Carlsbad CA 92008
Page 034
Parcel 1. Poggemeyer, Levis E. & Aureline M.
5050 Los Robles Dr.
Csrlsbad CA 92008
2, Hill, George S.
5070 Los Robles Dr.
Carlsbad CA 92008
3. De'lJitt, Jennie C.
5090 Los Robles Dr.
Carlsbad CX 92000
Lindberg, Flerning G. &Estelle I.
5100 Los "nobles Dr.
Carlsbad CA 92005
4.
Page a9
Parcel 16. Ecke, Paul & Magdalena
P.O. Box 488
Encinitas CA 92024
17. Cannon, T.D.
P.O. Bos 532
Carlsbad CX 92008
Page 16
Parcel 1. Stephens, Thoms F. 6: Alicia L.
1660 Brahs Rd.
Cardiff CA 92007
2. Stephens, Scville R.
Carlsbad CA 92008
5091 El ilrbol St.
3. Price, Killiam L. & Carol F.
5101 El Arbol St.
Cnrlsbad, CA 92008
4. Eby, Joel C. 6 Esther A.
5117 El Arb01 St.
Carlsbnd CA 92008
-
e Page 13 'e ~
.1 - .
Book 210
Page 16 w
1, Parcel 10. Schneider , John E. 6 Diane M. 5090 El hrbol St.
Carlsbad CA 92008
Todd, Robert L. & Betty M.
5100 El Arbol St,
Carlsbad CA 92008
11.
25, Sharp,Cerl & Liette C. 383 0akr:ood St. A
Glendopa, CA. 91740 e:
Book 211
Page 01
Parcel 5. Ecke, Paul & liagdalerla P.O. Eox 488
Encinitas CA 92024
11. Carltas Co.
P.O. Box 488
Ciic;,iitas CA S2G.24 I
Page 021
Parcel . 3. Carltas Co.
I
5 P.O. Box 488 Encinitas CA 92024
12. Carltas Co.
P.O. Box 488
Encinitas CA 92024 P 1. j. c
t
IF Book 212 R Page 01
Y Parcel 11, Title Icsurance CG Trust Conpany 220 A St. i Sail Dicgo CA 92101
t f i 1 k
f
2 k
I
Tuesday, November 11,1975 The Blade-? rk Pack
By GIL DAVIS Staff Writer rights were granted to SDG&E four years ago. The 1971 specific plan specifically “If that’s going to be the suggest we forget the park site i
I CARLSBAD - A city park agreement prohibits Carlsbad from issuing permits to ~heree1sewecouldspend~1,2r was hammered out by the city council SDG&E until various unfin‘ished said P
Monday, but San Diego Gas and Electric agreements are concluded The Skotnicki motion was the 1 Company may not sign. , The final version of the park agreement two to one with Mrs. Casler votk 1 The park land, which SDG&E agreed resulted from many hours of negotiations A motion to allow SDG&E t earlier to provide to the city for a public by city staff and three hours of city council future transmission lines, park, is located along the southeast shore discussions at a special Monday night pipelines, on all of the par ! of Agua Hedionda Lagoon east of meeting. unanimously approved. (The Interstate 5. Council discussion centered around said the utility would have to Each day SDG&E doesn’t conclude the SDG&E development rights on the park damage to the city’s impro contract, it’s reportedly paying more than land, a utility company request that the SDG&E’s expense.) $1,OOO a day in construction penalities. city pay taxes on the 91-acre city park, and A motion to adopt the 1 Utility company representative Frank a future power plant site zoning guarantee. agreement then passed by a DeVore said after the meeting that the city It was the latter utility company request vote with Mrs. Casler voting no “is taking unfair advantage of the that was defeated by the three voting In order to finish other part!
company.” council members. (Maybr Robert Frazee specific Plan, the counci Later he said his corporation is paying abstained from discussion and voting agreements on Carlsbad more than $I,OOO a day in penalities because of a possible conflict of interest improvements and adopt because it can’t honor a construction while Councilman Lewis Chase was easements for the park contract for a large storage tank at SDG&E representatives we1 Carlsbad’s Encina Power Plant. happy With the Proceedings as The holdup stems from the city’s refusal by some of their earlier statem to issue a grading or building permit for “We get the feeling that 4
‘absent.)\ Discussion of this guarantee resumed with DeVore offering a compromise from the utility company’s former request. the storage tank until the park agreement (SDG&E had wanted Carlsbad to give UP property we’re offering YOU is signed. the park site if it took away any Class. 1 assure you it is not,” Si
This contract was supposed to be development rights granted in the 1971 He added that there are VE concluded shortly after development specific plan. ) sites which have been grantec DeVore’s new offer focused on where the user doesn’t have maintaining SDG&E’s right to build a new taxes. merefore, the City 1 power plant at a site designated in the Pround to have that size a F four-year-old public utility zone pian. The m~ount of money. location is just east of Interstate 5 on the “We don’t think the City Or t south shore of Agua Hedionda Lagoon doing justice to themseh
In essence, the manager of SDG&E’s Picking,” DeVore said “ land development section said the city ireasonableness of both Sides.’ should reduce its 60-year lease to 30 years Community C!ause chair and cut the size of the 91-acre park in half Nelson, speaking as an indivi( if the utility ever loses the right to apply addition Of a fifth generating t for the new power plant. Encina Power Plant would F Councilwoman Mary Casler then asked the largest fossil fuel plants m City Attorney Vincent F Biondo, Jr., for ‘‘While the company has SI his opinion on DeVore’s proposal. of dollars on its plant, th Biondo replied that “contract zoning” Carlsbad have millions Of dol isn’t permitted in California. in their homes,’’ he said. ‘I “SDG&E’s proposal backs away from really a small Price to this to some extent, but it‘s a difference in community let aloneto one w degree rather than a difference of kind,” community.”
he said. “It may very well be unenforceable even if the council approves it.” Councilman Anthony Skotnicki then said he wasn’t willing to guarantee a zone or tie the hands of a future council Vice Mayor Lewis Chase. who was conducting the meeting, then took the side of SDG&E “If I was sitting on the side of SDG&E and I was ready to hand over to the city my final bargaining position, I’d want to be sure the city wasn’t going to come back and change my zoning (to keep the company from building a new power plant),” he said. Skotnicki moved to keep the zoning
ni.qrqnton AI^ nf thn flnal aarmmnnt Thir
Vice Mayor Lewis Chase, who was conducting the meeting, then took the side of SDG&E. “If I was sitting on the side of SDG&E and I was ready to hand over to the city my final bargaining position, I’d want to be sure the city wasn’t going to come back and change my zoning (to keep the csmpany from building a new power plant),” he said. Skotnicki moved to keep the zoning guarantee out of the final agreement. This motion passed two to one with Chase voting no.
Skotnicki then moved to compromise with SDG&E on its request that the city pay taxes, estimated at $28,000 a-year, on the 91-acre park. “I move we accept the compromise that SDG&E continue paying property taxes
. for five years after the effective date of the lease,” he said, “The city and SDG&E will them cooperate to have the taxes abated. Failing that, the city will pay no more than $14,000 for the remainder of the terM of the lease.”
Mrs. Casler responded that that wasn’t a compromise since the city’s taking the risk. Skotnicki replied, “It’s not really a compromjse, no.” Mrs. Casler continued by saying DeVore had previously assured the cify that he could get the taxes abated (because the, land would be in public use). “If we’re going to pay the taxes, I’d want a completely different design for the park,” she said. Earlier City Manager Paul Bussey had pointed out that the city could end up paying a minimum of $1.2 million in taxes over the &year life of the lease.
-