HomeMy WebLinkAbout2006-11-07; City Council; 18752; EWA - Heat-DryCITY OF CARLSBAD - AGENDA BILL 20
AB# 18,752
MTG. 10-03-06
DEPT. PLN
EWA HEAT-DRY
DTYD i/rrtrifr L(tl)
DEPT. HEAD W% ?ffl
CITYATTY. Iffi,
CITY MGR. / /^
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No.
ment Plan Amendment POP 1(H).
ITEM EXPLANATION:
NS-819 APPROVING Precise Develop-
Project application(s)
Precise Development Plan Amendment
Coastal Development Permit Amendment
Administrative
Approvals
Reviewed by and
Final at Planning
Commission
X
To be Reviewed -
Final at Council
X
ITEM EXPLANATION:
On September 6, 2006, the Planning Commission conducted a public hearing and (by a 7-0 vote)
approved a Coastal Development Permit Amendment and recommended to the City Council approval of
a Precise Development Plan Amendment to allow upgrades and modifications to the Encina Water
Pollution Control Facility (EWPCF) site. The 25-acre EWPCF campus is located on the east side of
Avenida Encinas, between Poinsettia Lane and Palomar Airport Road. The proposed project includes
new biosolids handling facilities and modifications to existing facilities. The proposed upgrades and
modifications would increase the facility's present capacity to meet projected year 2025 wastewater and
biosolids disposal needs.
Proposed changes include: construction of a new heat drying facility and a new dried product loading
station; new air emissions/air quality control facilities; relocation of some chemical storage facilities;
modifications to the existing on-site energy cogeneration system; and other minor modifications to
existing facilities all as shown on the full-size Exhibits "A" through "S". (On file with City Clerk)
The new and relocated structures would result in a total of approximately 21,647 square feet of enclosed
use areas (including 9,974 square feet of new floor area for the biosolids handling facilities). The
primary physical changes proposed would be the construction of the new heat drying and product
loading areas in the center of the project site. These new structures would be a few feet taller than the
existing facilities/structures on the site. The proposed new biosolids/heat drying facility structure would
be approximately six feet higher than the current highest building on the site (48 feet proposed versus 42
feet currently). The new dried product loading bins (two bins, each 18.5 feet in diameter) would be 53
feet high, making them the tallest facilities on the site. The proposed facility heights are necessary in
order to allow the equipment to function as intended.
The proposed heat drying facilities would substantially reduce the amount of water in the biosolids. This
process would produce a Class A biosolids product which would significantly reduce disposal volume,
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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Page 2 - EWA Heat-Dry - POP 1(H)
and thus truck trips, and increase disposal options. (The EWPCF facility currently produces Class B
biosolids, which are subject to more regulations and have fewer disposal options than Class A biosolids.)
The heat drying process will also result in less odor being generated, although the difference in odor
may not be great enough to be detected to people outside of the site.
No public testimony was offered at the Planning Commission hearing. A full disclosure of the Planning
Commission's actions and a complete description and staff analysis of the proposed project are included
in the attached minutes and Planning Commission staff report and attachments. The Planning
Commission and staff are recommending approval of the proposed project.
FISCAL IMPACT:
All public infrastructure required for this project will be funded and/or constructed by the developer.
ENVIRONMENTAL IMPACT:
The proposed project was analyzed pursuant to the California Environmental Quality Act (CEQA) by the
Encina Wastewater Authority. As the Lead Agency for the project, EWA prepared an Initial Study and
held a public scoping meeting. They then prepared and circulated a Mitigated Negative Declaration.
EWA received four comment letters (including one from the City of Carlsbad) which resulted in one
minor clarification to the Draft MND. A Notice of Determination was filed by EWA for the Final MND. As
a Responsible Agency, the City of Carlsbad has relied upon that adopted MND for the environmental
analysis of the proposed project.
EXHIBITS:
1. City Council Ordinance No. NS-819
2. Location Map
3. Planning Commission Resolution 6168
4. Planning Commission Staff Report, dated September 6, 2006
5. Excerpt of Planning Commission Minutes, dated September 6, 2006.
DEPARTMENT CONTACT: Elaine Blackburn 760-602-4621 eblac@ci.carlsbad.ca.us
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ORDINANCE NO. NS-819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PRECISE
DEVELOPMENT PLAN AMENDMENT POP 1(H) TO ALLOW
CONSTRUCTION OF NEW BIOSOLIDS HANDLING (HEAT
DRYING) FACILITIES, NEW AIR EMISSIONS/AIR
QUALITY FACILITIES, RELOCATED CHEMICAL
STORAGE FACILITIES, UPGRADES TO ENERGY
COGENERATION FACILITIES, AND OTHER MINOR
MODIFICATIONS AT THE ENCINA WASTEWATER
POLLUTION CONTROL FACILITY, ON PROPERTY LOCAT
AT 6200 AVENIDA ENCINAS ON PROPERTY GENERAL
LOCATED ON THE EAST SIDE OF AVENIDA ENCIN,
BETWEEN POINSETTIA LANE AND PALOMAR AIRPO
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: EWA HEAT-DRY
CASE NO.: POP 1(H)
WHEREAS, the City Council of the City of Carlsbad, California I
considered a request to approve Precise Development Plan Amendment F
Encina Wastewater Authority Heat-Dry process; and
WHEREAS, after procedures in accordance with the requirerr
City of Carlsbad has determined that the public interest indicates that said Prec
Plan Amendment be approved; and
WHEREAS, the City Council did on the 7th day of NOV<
2006, held a duly noticed public hearing as prescribed by law to consider said r
WHEREAS at said public hearing, upon hearing and conside
and arguments, if any, of all persons desiring to be heard, said Council cons
relating to the Precise Development Plan Amendment.
NOW, THEREFORE, the City Council of the City of Carlsbad
follows:
SECTION I: That Precise Development Plan Amendment P
September 6, 2006, on file in the Planning Department and incorporated by re
approved. All development of the property shall substantially conform to the a
conditioned.
D
Y
•v
IT
as reviewed and
DP 1(H) for the
ents of law, the
se Development
raber
jquest; and
ng all testimony
dered all factors
does ordain as
DP 1(H), dated
jrence herein is
jproved plan as
i'*
SECTION II: That the findings and conditions of the Planning Commission in
2 Planning Commission Resolution No. 6168 shall also constitute the findings and conditions of
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the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
5
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
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fifteen days after its adoption.8
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 7th day of November, 2006, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 2
SITE MAP
NOT TO SCALE
EWA HEAT DRY
POP 1(1-1)
EXHIBITS
1 PLANNING COMMISSION RESOLUTION NO. 6168
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PRECISE DEVELOPMENT PLAN
4 AMENDMENT PDF 1(H) TO ALLOW CONSTRUCTION OF
NEW BIOSOLIDS HANDLING (HEAT DRYING) FACILITIES,
^ NEW AIR EMISSIONS/AIR QUALITY FACILITIES,
6 RELOCATED CHEMICAL STORAGE FACILITIES,
UPGRADES TO ENERGY COGENERATION FACILITIES,
7 AND OTHER MINOR MODIFICATIONS AT THE ENCINA
WASTEWATER POLLUTION CONTROL FACILITY ON
8 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
o AVENIDA ENCINAS BETWEEN POINSETTIA LANE AND
PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
10 MANAGEMENT ZONE 3.
CASE NAME: EWA HEAT-DRY
11 CASE NO: POP KIT)
12 WHEREAS, Encina Wastewater Authority, "Developer," has filed a verified
13 application with the City of Carlsbad regarding property owned by Encina Joint Powers
14
Authority, "Owner," described as
1fi Assessor's Parcel Numbers 214-010-95, 211-030-06, and
211-030-08
17
("the Property"); and
18
WHEREAS, said application constitutes a request for a Precise Development Plan
2Q Amendment as referenced in Exhibit "X" dated September 6, 2006, and as shown on Exhibits
21 "A" - "S" dated September 6, 2006, attached hereto and on file in the Planning Department,
•*.22 EWA HEAT-DRY - PDF 1(H), as provided by Chapter 21.36 of the Carlsbad Municipal Code;
23 Aand
24
WHEREAS, the Planning Commission did on the 6th day of September, 2006,
25
hold a duly noticed public hearing as prescribed by law to consider said request; and26
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Precise Development Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
3
A) That the foregoing recitations are true and correct.
4
, B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of PDF 1(H) - EWA HEAT-DRY based on the
5 following findings and subject to the following conditions:
*»—
7 Findings:
o0 1. That the proposed Precise Development Plan Amendment is consistent with the goals and
o policies of the various elements of the General Plan, in that the proposed expanded and
upgraded facilities and the proposed minor modifications at the existing wastewater
10 treatment use are a necessary part of the Encina Wastewater Pollution Control
Facility use and the use is consistent with the Utilities General Plan designation on
11 the property and the use is necessary to continue to provide a necessary public use
(wastewater treatment).
1 ^
13 2. That the proposed Precise Development Plan is consistent with the public convenience,
necessity, and general welfare, and is consistent with sound planning principles in that
14 the proposed new expanded and upgraded facilities and the proposed minor
modifications are necessary to provide sufficient capacity to meet expected
15 wastewater treatment demands through the year 2025 and the existing wastewater
,g treatment and disposal facility use is consistent with the Public Utilities General
Plan designation and Public Utility zoning on the property.
17
3. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
18 Code Section 14.28.020 and Landscape Manual Section I B).
4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
20 Facilities Management Plan for Zone 3, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
21 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; pastes and other recreational
22 facilities; libraries; government administrative facilities; and open space, related to the
__ project, will be installed to serve new development prior to or concurrent with need.
24 5. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
25 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.26
27 Conditions:
28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
commencement of construction.
PCRESONO. 6168 -2-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
3 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Precise Development Plan
Amendment.
7
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
° and modifications to the Precise Development Plan Amendment documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
10 Any proposed development different from this approval, shall require an amendment to
this approval.
11
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of commencement of construction.
13 4. If any condition for construction of any public improvements or facilities, or the payment
14 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
, -- invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
17
5. Developer shall implement, or cause the implementation of, the Encina Water
18 Pollution Control Facility Phase V Expansion Project Mitigation Monitoring and
Reporting Program dated June 2004.
2Q 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
21 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
22 or indirectly, from (a) City's approval and issuance of this Precise Development Plan
Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
24 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
25 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
27 7. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy
28 of the Precise Development Plan Amendment reflecting the conditions approved by the
final decision-making body.
PCRESONO. 6168 -3-
8. This project shall comply with all conditions ,and mitigation measures which are required
2 as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
3
9. This approval is granted subject to the approval of CDP 04-19(A) and is subject to all
conditions contained in Planning Commission Resolution No. 6169 for those other
,. approvals incorporated herein by reference.
5 10. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
7
11. Prior to the commencement of construction, Developer shall submit to the City a Notice
° of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Precise Development Plan Amendment and Coastal
10 Development Permit Amendment by Resolutions No. 6168 and 6169 on the property.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
13 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
14
12. Developer shall pay the CFD #1 special tax (if applicable), subject to any credits
authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay
,,- any applicable Local Facilities Management Plan fee for Zone 3, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at commencement of construction.
17 If the taxes/fees are not paid, this approval will not be consistent with the General
Plan and shall become void.
18
13. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
2Q the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
21
14. Developer shall submit and obtain Planning Director approval ^f an exterior lighting plan
22 including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
24 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.26
27 16. Developer shall ensure the construction, installation, and striping of not less than
127 parking spaces as shown on the approved site plan for PDP 1(G).
28
PCRESONO. 6168 -4-
17. Developer shall construct and install all landscaping as shown on the approved Final
2 Plans for PDF 1 (G), and maintain all landscaping in a healthy and thriving condition, free
from weeds, trash, and debris.
3
18. Upon approval by City Council, the setbacks/yards, open space, height and bulk of
4 buildings, fences and walls, landscaping, grading, dedication and improvement
. requirements, phasing (if any), points of ingress and egress, and parking proposed
by PDF 1(H) shall be the minimum development standards for PDP 1.
6
19. Upon approval by City Council, this Precise Development Plan Amendment
7 (PDP 1(H)) site plan shall become the approved site plan for the entire 25.23-acre
Encina Water Pollution Control Facility development and shall supersede all
preceding approvals for PDP 1.
9 „ .Engineering
10
The term Developer or Contractor shall refer to Agency or District or its authorized
11 representative for this project. The limits of the project relative to these conditions is within the
City Boundary of Carlsbad.
13 20. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
14 for the proposed haul route.
15 Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
17 the following:
18 21. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
2Q 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
21
23. Any signs proposed for this development shall at a minimum be designed in conformance
22 with the City's Sign Ordinance and shall require review and approval of the Planning
,-, Director prior to installation of such signs.
24 24. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
25 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.26
27 25. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
28 commencement of construction, except as otherwise specifically provided herein.
PCRESONO. 6168 -5-
1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
6 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
g annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 6th day of September, 2006, by the following
15 vote, to wit:
16
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
17 Dominguez, Heineman, Segall, and Whirton
18 NOES:
19 ABSENT:
20
ABSTAIN:21
22
23
24
MARTELL B. MONT«rOMERY|^hairperson
25 CARLSBAD PLANNING COMMISSION
26
27
28 DONNEU
Assistant Planning Director
PCRESONO. 6168 -6-
^ City of Carlsbad Planning Department EXHIBIT 4
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: September 6, 2006
Application complete date: February 22, 2006
Project Planner: Elaine Blackburn
Project Engineer: Clyde Wickham
SUBJECT: PDF UHVCDP 04-19(A) - EWA HEAT-DRY - Request for a recommendation
of approval of a Precise Development Plan Amendment and a Coastal
Development Permit Amendment to allow construction of new biosolids handling
(heat drying) facilities, new air emissions/air quality facilities, relocated chemical
storage facilities, upgrades to energy cogeneration facilities, and minor
modifications to existing facilities on a developed site containing the existing
Encina Waste water Pollution Control Facility located on the east side of Avenida
Encinas between Poinsettia Lane and Palomar Airport Road and within Local
Facilities Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6168 and 6169
RECOMMENDING APPROVAL of POP 1(H) and APPROVING CDP 04-19(A) based upon
the findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project consists of proposed new facilities and modifications to existing facilities
on the Encina Wastewater Pollution Control Facility (EWPCF) site. The applicant, Encina
Wastewater Authority (EWA), proposes to construct new biosolids handling facilities (heat
drying), upgrade the existing cogeneration system, and implement numerous minor
modifications to the facility. All of the proposed upgrades and modifications are a part of the
EWPCF Phase V Expansion intended to expand the capacity of the EWPCF facility in
anticipation of year 2025 demands and improve efficiency. There are no outstanding issues
related to the proposed project.
III. PROJECT DESCRIPTION AND BACKGROUND x
Project Description
The proposed project consists of replacement/relocation of some existing facilities and the
addition of new facilities on the EWPCF site. The proposed project would increase the facility's
present capacity of 36 million gallons per day (mgd) liquid and 38 mgd solids to 40.5 mgd liquid
and 43.3 mgd solids. The proposed improvements (previously identified in the Encina
Wastewater Authority Mitigated Negative Declaration as the "Phase V Expansion") would
ensure that the EWPCF will have adequate treatment capacity to accommodate projected
wastewater and biosolids disposal needs through the year 2025.
PDF 1 (H)/CDP 04-19(A) - E\v A HEAT-DRY
September 6, 2006
Page 2
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The proposed facility upgrades/modifications would include construction of new biosolids
handling facilities, new air emissions/air quality control facilities, relocation of some chemical
storage facilities, modifications to the existing on-site energy cogeneration system, and other
minor modifications to existing facilities all as shown on the attached full-size Exhibits "A"
through "S". The proposed project would demolish a portion of the existing biosolids facility
and upgrade the existing biosolids and cogeneration facilities. The majority of the proposed
facility changes would occur in the interior (center) portion of the site. The centrifuge feed
pump facility and the iron sponge system would be located in the northeast corner of the site.
All of the new and replacement improvements would be located behind the operations and
maintenance buildings currently under construction adjacent to Avenida Encinas. Thus, none of
the new facilities would be visible from Avenida Encinas with the exception of some of the
height of the new dried product loading storage bins. The proposed project would utilize the
same type of building materials, lighting fixtures, and visual treatments incorporated into the
existing structures on the site. The new heat drying and product loading structures would be of
white painted aluminum panels. The roof would be of poured concrete and metal with a
composite overlay. All new lighting would be non-glare sodium vapor lights designed to focus
light within the EWPCF site. The proposed grading involves 2,282 cubic yards (CY) of cut and
1,919 CY of fill. The amount of export will be determined by the soils engineer. The total
proposed earthwork volume is 7,244 CY/AC. Each of the proposed project components is
discussed below.
Biosolids Handling (Heat Drying') Facilities
The proposed new biosolids handling facilities would include: a new heat drying building, a new
dry product loading station, a new centrifuge feed pump facility, new curbs and gutters, and a
new retaining wall. The proposed heat drying facilities would replace the existing dewatering
operations. The new heat drying facilities would consist of centrifuges for dewatering and a
single or dual heat drying train which would reduce the volume of the resulting biosolids
product. The heat dryers would be located in a new heat drying building which would be located
just west of and connected to the existing dewatering building. A portion of the existing
dewatering building and the external dewatering equipment would be demolished to
accommodate the new construction. The resulting new building would be a total of
approximately 21,647 square feet (sf) in size (ll,673sf existing area and 9,974sf new
construction). The majority of the new heat drying portion of the building would be
approximately 48 feet high (one story and a mezzanine). The existing portion, of the building is
approximately 42 feet high (two stories and a mezzanine).
The proposed new dried product loading station would be located immediately north of and
connected to the new heat drying building. The loading station would be approximately 1,554
square feet in size. The dried product would be loaded directly into the trucks at this location.
The proposed product loading station would contain two loading bins, each approximately 18.5
feet in diameter. The two bins would project up through the roof of the loading station, to a
height of approximately 53 feet. The remainder of the loading station facility would be about 44
feet high. The 5 3-foot high loading bins would represent the tallest of the proposed Phase V
facilities. New curbs and gutters and a new small retaining wall would be constructed in this
area to accommodate the new loading station.
PDF 1 (H)/CDP 04-19(A) - E\V A HEAT-DRY
September 6, 2006
Page3
I -
The new heat drying facility would produce Class A biosolids which would significantly reduce
disposal volume, increase disposal options, and result in a Class A biosolids by-product. The
EWPCF facility currently produces Class B biosolids, which have previously been hauled to a
site in Riverside County in compliance with U.S. Environmental Protection Agency (EPA) Class
B requirements. However, due to a recent ban of Class B biosolids in Riverside County, the
facility's Class B biosolids are currently being hauled to a site in Yuma, Arizona for land
application. Heat drying would further process the Class B biosolids currently produced
resulting in Class A biosolids that are essentially pathogen free and are not subject to the same
regulatory restrictions as Class B biosolids. Class A biosolids are an environmentally superior
biosolids by-product. This upgrade in the EWPCF facility would ensure more options for
disposal of biosolids and a greater ability to control disposal costs. The existing cake loading
facilities would be maintained to provide the ability to landfill the dewatered Class B biosolids as
a back-up to land application. The new heat drying system would be fueled by a combination of
natural gas and digester gas.
The proposed heat drying process would substantially reduce the amount of water in the
biosolids so that the final product would be up to 95% total solids, thus reducing the amount of
biosolids hauled off-site and the number of truck trips needed to do so by about 75%. In year
2008, this would reduce the number of truck trips from its current 3.43 trips per day to
approximately 1.04 trips per day. Additionally, the expected biosolids disposal needs of the
EWPCF facility could be reduced further by the potential market for the Class A biosolids pellets
in southern California.
Air Emissions/Air Quality Control Facilities
Proposed new air emissions/air quality control facilities would include: a new regenerative
thermal oxidizer (RTO), a new iron sponge system, and a new carbon system. The proposed
new regenerative thermal oxidizer would be located adjacent to the new heat drying building and
would be approximately 534 square feet in size. The RTO is required to have an exhaust system
(possibly a vent stack which projects from the top of the structure). Until the Air Pollution
Control District (APCD) staff reviews the details of this project, EWA will not be able to
determine the exact location of that exhaust vent or its exact height. It is expected to be no
higher than the two loading bins (discussed above) and may be shorter than those bins. Its size
will certainly be no larger than 16 inches in diameter. The iron sponge system would be located
in the northeast corner of the site adjacent to the existing digester tanks. It would be
approximately 292 square feet in size. The proposed new carbon system would be located on the
eastern portion of the site adjacent to existing digester tanks and would be approximately 197
square feet in size. Each of these air emissions structures would be under 20 feet in height. All
of these air emissions upgrades except for the RTO exhaust vent stack would contribute to on-
going odor control efforts at the facility.
Chemical Storage Facilities
The proposed changes to the EWPCF facility would include the use of additional chemicals
currently used at the facility. The proposed project includes the relocation of existing chemical
storage facilities totaling approximately 3,000 square feet. These structures would be a
maximum of approximately 24 feet high.
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I -
Energy Management/Cogeneration System Modifications
The proposed modifications to the existing energy cogeneration system would consist of
replacing existing generators and engine-driven blowers with new generators that would
maintain EWPCF's existing non-major source (air pollution) classification and would allow for
maximum utilization of digester gas, increasing the overall operational efficiency of the facility.
Currently power to the EWPCF is provided by two means: a) an internal combustion engine-
based cogeneration system and b) the purchase of supplemental power from SDG&E during off-
peak times. The cogeneration system also acts as a back-up to the electric utility supply,
fulfilling standby energy requirements for the plant. The proposed new heat drying facility
would place an additional load on the existing system. Additionally, the remaining useful life of
the existing cogeneration equipment is short. Thus, as part of the proposed project, EWA would
replace the existing generators and blowers with new engine generators. This change would
maximize energy efficiency and the use of available biogas, allowing the facility to continue to
operate in the most cost-effective manner possible. This would be consistent with the EWPCF
Energy Management Strategic Plan which ensures that the facility utilizes biogas to the
maximum extent possible.
Site Description
The existing EWPCF campus occupies a site consisting of three parcels totaling approximately
25 acres located between Avenida Encinas on the west and 1-5 on the east and between Poinsertia
Lane on the south and Palomar Airport Road on the north. The site is fully developed with uses
associated with the water treatment facility. The site contains landscaped setbacks on the
western and northern perimeters of the property. The site is generally flat and contains no
ornamental vegetation other than the landscaped setbacks and no native vegetation. The site is
bisected east to west by a flood control channel. The southern portion of the campus contains
aeration basins and a storage building (eastern edge), chemical storage and odor control facilities
(center), and secondary clarifiers (western edge). The northern portion contains digesters, a
power building, and shop areas on the east, and primary clarifiers and other processing facilities
in the central area. The northwestern portion of the site contains some small facilities (pump
station, etc.). Two new operations and maintenance buildings and new parking areas are
currently under construction on the western edge of the site adjacent to Avenida Encinas.
The project site carries a Public Utilities (U) General Plan designation and Public Utility (P-U)
zoning. The surrounding area contains a variety of industrial uses. The area north of the project
site has a Planned Industrial (PI) General Plan designation and Industrial (M) zoning. That area
is developed with a variety of office and quasi-industrial uses. The project site is bounded on the
east by 1-5 and on the west by Avenida Encinas, which both have a Transportation Corridor (TC)
General Plan designation and T-C zoning. The area immediately south of the project site has a
General Plan designation of Planned Industrial/Office (PI/O) and Planned Industrial/Office
(PM/0) zoning. That area (approximately 39 acres) contains the recently completed water
recycling facility and several acres of undeveloped land.
Background/Prior Actions
There have been a number of prior permit actions on the subject site. (See Table 1 "Permit
History" below.) The EWPCF was built in the 1960's to provide primary wastewater treatment
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prior to deep ocean disposal. Planning for secondary treatment began during the early 1970s.
The treatment plant was commissioned in 1983 for primary and secondary treatment. The
operations and maintenance areas of the site remained generally unchanged until 2005, when
City Council approved PDF 1(G) to allow the construction of two new operations and
maintenance buildings adjacent to Avenida Encinas. (Those two structures are currently under
construction.)
Table 1 - PERMIT HISTORY
PROJECT
NUMBER
APPROVALS DESCRIPTION
PDF 1 Planning Commission
May 25, 1979; PC Reso No. 1514;
City Council
June 19, 1979; CC Reso No. 5812
Expansion of EWPCF and
upgrade of plant to secondary
treatment (to comply with
Federal and State wastewater
treatment guidelines)
PDF 1(A)Planning Commission
May 26, 1982; PC Reso No. 1962
City Council
July 6, 1982; CC Reso No.6926
Phase III - An expansion
(construction of sedimentation
tank)
PDF 1(B)Planning Commission
April 27, 1983; PC Reso No. 2113
Delay for the remodel of
existing storage building
PDF 1(C)Planning Commission
March 15, 1989; PC Reso No. 2830
City Council
June, 1989; AB9981
Phase IV expansion; superseded
PC Reso No. 2113 and CC Reso
No. 6926
PDF 1(D)Planning Commission
October 2, 1996; PC Reso No. 3992;
City Council
December 3, 1996; CC Reso No. 96-415
Modular office units; conditions
of approval per PDF 1(C) (PC
Reso No. 2830)
PDF 1(E)Planning Commission
April 21, 1999; PC Resos No. 4544, 4545
City Council
June 15, 1999; CC Reso No. 99-216
Replacement of pump station
and addition of electrical
equipment building
PDF 1(F)Withdrawn Tenant improvement of existing
facility and building add-on for
office use.
PDF 1(G)Planning Commission
November 17, 2004; PC Resos No. 5792,
5793,5794
City Council
January 11, 2005; CC Reso No. 2005-008
Construction of two new
operations and maintenance
buildings totaling
approximately 43,000 square
feet to replace smaller facilities
IV. ANALYSIS
The project requires approval of the following legislative actions:
A. Precise Development Plan Amendment
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The project is subject to the following regulations and requirements:
B. Carlsbad General Plan Public Utilities (U) designation regulations;
C. Public Utility (P-U) Zone regulations (Chapter 21.36 of the Carlsbad Municipal Code);
D. Coastal Development regulations for the Mello II Segment of the Local Coastal Program
and the Coastal Resource Protection Overlay Zone LCP Segment (Chapters 21.201 and
21.203 of the Carlsbad Municipal Code);
E. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code).
The recommendation for approval for this project was developed by analyzing the project's
consistency with the applicable City regulations and policies. The project's compliance with
each of the above regulations is discussed in detail in the sections below.
A. Legislative Actions
Pursuant to the Public Utility (P-U) Zone regulations, the proposed project requires the approval
of a Precise Development Plan (PDP) Amendment, a legislative action. Unlike some other
legislative actions (e.g., a Specific Plan), processing of a PDP or PDP Amendment is not
governed by specific State Codes. Instead, the P-U Zone regulations provide that a PDP
Amendment be processed in the same manner as a zone change and be approved by City
Council. Section IV.C of this report (Public Utility Zoning) contains a detailed discussion of the
proposed PDP Amendment and its compliance with P-U zone requirements.
Regulatory Compliance
B. General Plan
The proposed project site has a General Plan designation of Public Utilities (U) and contains the
existing EWPCF wastewater treatment and disposal facility. The proposed project involves an
expansion and modification of the capacity of the existing facility. As demonstrated in Table 2,
below, the proposed project is consistent with the U General Plan designation.
Table 2 - GENERAL PLAN CONSISTENCY
ELEMENT
Land Use, Overall
Land Use Pattern,
Policy C.I
USE, GOAL,
OBJECTIVE, OR
PROGRAM
Arrange land uses so that
they preserve community
identity and are orderly,
functionally efficient,
healthful, convenient to
the public and
aesthetically pleasing.
PROPOSED USES OR
IMPROVEMENTS *
Construction of new heat-
drying facility and
modifications to existing
wastewater treatment and
disposal facilities and
equipment.
CONSISTENT?
Yes
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Table 2 - GENERAL PLAN CONSISTENCY (continued)
ELEMENT
Land Use, Growth
Management &
Public Facilities,
Goal A.I
USE, GOAL,
OBJECTIVE, OR
PROGRAM
A City which ensures the
timely provision of
adequate public facilities
and services to preserve
the quality of life of
residents.
PROPOSED USES OR
IMPROVEMENTS
Construction of new heat-
drying facility and
modifications to existing
wastewater treatment and
disposal facilities and
equipment.
CONSISTENT?
Yes
C. Public Utility (P-U) Zoning
The purposes of the P-U Zone are: 1) to ensure compatibility of the development with the
General Plan and surrounding developments; 2) to ensure that due regard is given to
environmental factors; and, 3) to provide for public improvements and other conditions of
approval necessitated by the development. Uses proposed for the P-U Zone are allowed subject
to the approval of a PDP processed in the same manner as a zone change. (See Section IV.A,
"Legislative Actions," above.) The P-U Zone recognizes the unique nature of most public utility
uses and, thus, contains only two specific development standards (7,500-square foot minimum
lot area and 50% maximum lot coverage). The zone provides that all other development
restrictions (i.e., conditions) shall be as determined necessary and consistent with the P-U
chapter, the General Plan, and any other applicable specific plan. These potential conditions
include, but would not be limited to: setbacks; bulk/height restrictions; fences and walls; signage;
landscaping; special grading restrictions; requiring street dedications/improvements; requiring
public improvements on or off the project site that are needed to serve the proposed
development; timing/phasing of the proposed project; regulation of points of ingress/egress; and
parking.
Staff has reviewed the proposed project design for compliance with specific code requirements,
compatibility with surrounding uses, and reasonableness. The proposed project satisfies the lot
size requirement and the maximum lot coverage limit for the P-U zone. The structure heights
proposed (48 feet maximum building and 53 feet maximum storage bin height) would be allowed
if approved by City Council. Staff believes the proposed heights are reasonable and necessary to
accommodate the proposed facilities. The proposed structures are designed to*be no higher than
is necessary to accommodate the planned equipment and processing facilities. Therefore, the
structure heights could not be reduced without affecting or preventing the intended operation of
the facilities. However, staff believes that the proposed structure heights would be compatible
with the surrounding area. Heights of existing major buildings on the project site range from
about 28 feet to 44 feet. The tallest of the proposed structures would be the storage bins
associated with the dried product loading station. These two bins would be a maximum of 53
feet in height (nine feet higher than the tallest existing structure) and each would be \%Vz feet in
diameter. The remainder of the product loading station would be only about 44 feet in height.
The proposed 53-foot height area would occur in the center of the EWPCF site, thus locating the
tallest portions of the structures at the greatest distance from any surrounding uses. EWPCF
structures to the east of the proposed loading station include the existing digesters which are
approximately 30 feet high. The finished grade at the center of the EWPCF site is below the
level of the 1-5 freeway (to the east) by about 20 feet, thus reducing the visual appearance of the
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proposed facility/structure heights. Given the distance from which these new facilities would be
seen, staff believes the visual impact of the proposed 53-foot bin heights would be minimal. The
proposed project would not result in any changes to any established setbacks or landscaping on
the site.
Pursuant to PDP 1(G), the EWPCF facility would require 123 parking spaces and would provide
127 parking spaces. The proposed project would reduce the available area of five of those
parking spaces by the placement of a chemical storage area. The five spaces that would be
reduced in size are located on the interior of the site and are sized to store truck trailers that are
not in active use. Since the proposed project would reduce the number of truck trips needed to
haul the disposable biosolids product by 75%, the EWPCF staff has indicated that it is unlikely
that all of these spaces would be needed for trailer storage. (They .are not all used at all times
currently.) Therefore, the EWA staff has indicated that the reduction in the size of those five
spaces would not result in trailers being parked elsewhere on the site. Therefore, staff believes
the proposed reduction of area of these five spaces does not represent a loss of spaces and would
not pose a parking/storage problem on the site.
If this project is ultimately approved by City Council, the development standards incorporated
into the amended site plan would become the adopted minimum development standards for the
project. Based upon this analysis, staff believes the proposed development standards are
reasonable and are compatible with the surrounding development.
Table 3 - P-U ZONE & PARKING COMPLIANCE
STANDARD
Use
Min. Lot Area
Max. Lot Coverage
Max. Building Height
Min. Front Yard
Min. Interior Side Yards
Min. Rear yard
Parking
REQUIRED/ALLOWED
Public Utility
7,500 sq. ft.
50%
Per Council approval
Per Council approval
Per Council approval
Per Council approval
Per Council approval
PROVIDED
Wastewater treatment and
disposal facility
25.23 ac (1,103,200 sq.ft.)
47.7% (total site, including
proposed project)
53' (Dried Product Loading
Station Storage Bins)
48' (Heat Drying Building)
24'-3" (Operations Bldg)
No Change Proposed
20' (closest existing structure
north side)
90' (closest structure south side)
Apxly 20' (existing structures)
No Change Proposed
127
No Change Proposed
D. Coastal Development Regulations
The proposed project is within the Mello II segment of the Coastal Zone. The policies of the
Mello II segment of the Coastal Zone emphasize preservation of prime agriculture and scenic
resources, protection of environmentally sensitive lands, provision of shoreline access, and
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i.
prevention of geologic instability and erosion. The site of the proposed project does not and has
not in recent history supported agricultural uses and has not been designated as protected
agricultural land. The site also contains no scenic resources, no slopes, and no environmentally
sensitive lands. Therefore, there is nothing on the site to be preserved or protected. The site is
fully developed with the EWPCF facility. The site does not and could not provide any shoreline
access. (It is located on the east side of Avenida Encinas.) Therefore, the proposed project is
consistent with the land use policies and requirements of the Mello II segment.
E. Growth Management
The proposed project is located within Local Facilities Management Zone 3 in the southwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table 4 below.
Table 4: GROWTH MANAGEMENT COMPLIANCE
STANDARD
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools
Elementary School Students
Middle School Students
High School Students
Sewer Collection System
Water
IMPACTS
N/A
N/A
N/A
N/A
2 cfs; Basin C
OADT
Station No. 4
N/A
N/A
N/A
N/A
N/A
OEDU
OGPD*
COMPLIANCE
N/A
N/A
N/A
N/A
Yes
Yes
Yes
N/A
Yes
N/A
N/A
N/A
Yes
Yes
* included in overall site plan design and operation as previously approved
V.ENVIRONMENTAL REVIEW
The proposed project was analyzed pursuant to the California Environmental Quality Act
(CEQA) by the Encina Waste water Authority. As the Lead Agency for the project, EWA
prepared an Initial Study and held a public scoping meeting. They then prepared and circulated a
Mitigated Negative Declaration. EWA received four comment letters (including one from the
City of Carlsbad) which resulted in one minor clarification to the Draft MND. A Notice of
Determination was filed by EWA for the Final MND. As a Responsible Agency, the City of
Carlsbad has relied upon that adopted MND for the environmental analysis of the proposed
project.
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i.
ATTACHMENTS:
1. Planning Commission Resolution No. 6168 (PDF 1H)
2. Planning Commission Resolution No. 6169 (CDP 04-19(A))
3. Location Map
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Disclosure Statement
7. Full Size Exhibits "A" - "S" dated September 6, 2006
BACKGROUND DATA SHEET
CASE NO: PDF IfHVCDP 04-19(A)
CASE NAME: EWA HEAT-DRY
APPLICANT: ENCINA WASTEWATER AUTHORITY (EWA)
REQUEST AND LOCATION: Construction of new biosolids handling (heat drying) facilities,
new air emissions/air quality facilities, relocated chemical storage facilities, upgrades to energy
coReneration facilities, and other minor modifications on a developed site containing the Encina
Wastewater Pollution Control Facility, on the east side of Avenida Encinas between Poinsettia
Lane and Palomar Airport Road.
LEGAL DESCRIPTION: Assessors Parcel Numbers 214-010-95. 211-030-060. 211-030-080
APN: 214-010-95.211-030-06.08 Acres: 3.14 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: PU
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: P-U Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site
North
South
East
West
P-U
M
P-M/O
T-C
T-C
U
PI
PI/O
TC
TC
Wastewater treatment and
disposal facility
Industrial & commercial
Recycled water facility
1-5 Freeway
Avenida Encinas & railroad line
LOCAL COASTAL PROGRAM x
Coastal Zone: IXI Yes | | No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: I I Yes [X] No Coastal Development Permit: 1X1 Yes I I No
Local Coastal Program Amendment: | | Yes IXI No
Existing LCP Land Use Designation: U Proposed LCP Land Use Designation: N/A
Existing LCP Zone: P-U Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 0
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
I I Negative Declaration, issued
Certified Environmental Impact Report, dated
/\| Other, Prior environmental document (MNP) adopted by Lead Agency (EWA)
Revised 01/06
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
1 -
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: EWA HEAT-DRY - POP IfHVCDP 04-190V)
LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: U_
ZONING: P-U
DEVELOPER'S NAME: ENCINA WASTEWATER AUTHORITY
ADDRESS: 6200 AVENIDA ENCINAS, CARLSBAD, CA 92009
PHONE NO.: 760-476-9852 ASSESSOR'S PARCEL NO.: 214-010-95,211-030-06,08
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.14ac
ESTIMATED COMPLETION DATE: N/A
A. City Administrative Facilities: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
D. Park: Demand in Acreage = N/A
E. Drainage: Demand in CFS = 2f
Identify Drainage Basin = C
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT = 0
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 4
H. Open Space: Acreage Provided = N/A
I. Schools: N/A
(Demands to be determined by staff) x
J. Sewer: Demands in EDU 0
Identify Sub Basin = 3B_
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 0*
* included in overall site plan design and operation as previously approved
City of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note: -'- "'"" * ~ ' /_". ,^v- -" •_ -/" -"•/-:'-"% >x' '' ' ' "*; '-_."" ^-f". T -*~ ~ -^--rj-'.^t**1-=•*-• -7;
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate', in this and any other county, city arid county, city municipality, district or
other political subdivision or any other group or combination acting as a unit." " ' ^ '",-•'„ " . ;
Agents may sign this document; however^the legal name and entity of the Applicant and property owner must be
provided below. - _ „ _-_ _ *_ ,"„-_,-. ." J_. '..'".. J '-._~ J_- '-. '< _" . -_J
1, APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names, title,
addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE
BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person Michael T. Hogan Corp/Part Encina Wastewater Authority
Title GeneralManaqer Title Operator-Administrator Encina Joint System
Address 6200AvenidaEncinas Address 6200AvenidaEncinas
2. OWNER (Not the owner's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership,
tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or
partnership, include the names, title, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE
NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person MarkPackard Corp/Part Encina Joint Powers Authority
Title Chair Title Owner
Address Address 6200 Avenida Encinas
Carlsbad, CA 92009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of the.
Non Profit/Trust N/A Non Profit/Trust^
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes I I No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best ofnny knowledge.
5igna\|ure of owner/date
Mark Packard. Chair Michael T. Hogan, General Manager
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if .applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DlSCLOSURE STATEMENT 5/98 Page 2 of 2
Planning Commission Minutes September 6,2006 UlX A\l I Page 5EXHIBIT 5
4. PDF KHVCDP 04-19(M - EWA HEAT-DRY - Request for a recommendation of
approval of a Precise Development Plan Amendment and a Coastal Development Permit
Amendment to allow construction of new biosolids handling (heat drying) facilities, new
air emissions/air quality facilities, relocated chemical storage facilities, upgrades to
energy cogeneration facilities, and minor modifications to existing facilities on a
developed site containing the existing Encina Wastewater Pollution Control Facility
located on the east side of Avenida Encinas between Poinsettia Lane and Palomar
Airport Road and within Local Facilities Management Zone 3.
Mr. Neu introduced Agenda Item 4 and stated Senior Planner Elaine Blackburn would make the staff
presentation.
Ms. Blackburn gave a presentation and stated she would be available to answer any questions.
Chairperson Montgomery asked if there were any questions of staff.
Commissioner Baker asked if the applicant would be willing to plant additional hedges along Interstate 5
and asked staff if the people on Surfside Lane, across from Avenida Encinas, were noticed and if they
suffered from any odor from the plant. Ms. Blackburn stated she had not had any calls of concern
regarding the plant and explained she would have to check if Surfside Lane was within the 600 foot radius
to see if they were noticed. Ms. Blackburn explained that there had been a sign on the facility for quite
some time under the early public notice process. Commissioner Baker asked if there should be at least
no additional odor and hopefully a reduction in the current odor produced by the plant. Ms. Blackburn
stated the plant would produce fewer odors but did not know if the reduction would be significant enough
to be perceptible.
Mike Hogan, General Manager, Encina Wastewater Authority stated with regards to Commissioner
Baker's question about landscaping they would be willing to add more landscaping where feasible but
would need to look into it further since Cal Trans owned a large portion of the bank which ran along the
freeway.
Commissioner Baker asked if Cal Trans did widen Interstate 5, what impact it would have on the facility.
The applicant stated they did not see any negative impact as a result of the widening of Interstate 5.
Commissioner Dominguez asked Mr. Hogan if Cal Trans proceeded with their expansion, if the applicant
could negotiate some sort of screening wall which would make the view more presentable. Mr. Hogan
stated he would be willing to pursue that issue with Cal Trans.
Chairperson Montgomery asked the applicant if the biosolids were sold to a receiver and what benefit or
detriment the receiver would experience with the new type of product. Mr. Hogan stated currently they
pay to have the biosolids disposed of by transporting them to Yuma, Arizona where they are used for
agricultural purposes. Mr. Hogan explained the new product would reduce the volume by 80% and
produce a non-regulated small pellet which could be sold as fertilizer and provide a revenue stream to
help offset the operating cost and in addition, would add capacity to the treatment facility.
Chairperson Montgomery asked if there would be any additional energy savings over time as a result of
doing this process which would accumulate in the applicant's behalf or detriment. Mr. Hogan stated part
of the expansion project was to upgrade the co-generation facility. Mr. Hogan explained they produce
about 80% of their power onsite now by utilizing methane gas produced from an out-treatment process
and some natural gas. What they are doing would be upgrading the facilities to better optimize the
energy management program and reduce their energy reliance. Mr. Hogan explained it would be a win-
win project from an energy management standpoint.
Chairperson Montgomery asked the applicant if part of the project included foreseeing that the ultimate
capital outlay would pay off at some point. Mr. Hogan replied it was not that type of efficiency but stated
they save several million dollars per year producing power on their site which they would otherwise
purchase from SDG&E and so there was a payback. In addition, in approximately five years, the capital
costs should be recovered on the expansion project. Mr. Hogan stated with regards to the biosolids
Planning Commission Minutes September 6,2006 Page 6
product, some revenue would be received which would offset the operating costs but the revenue would
not pay back in the near future with regards to the capital investment.
Commissioner Whitton asked if the fertilizer could be used on our golf courses and parks. Mr. Hogan
replied yes and stated that they intended to contact parks and golf courses in addition to companies
interested in using the product as fuel.
Chairperson Montgomery opened public testimony and asked if there was anyone in the audience who
wished to speak on Agenda Item 4; seeing none, Chairperson Montgomery closed public testimony.
DISCUSSION
Chairperson Montgomery stated the Planning Commission rarely got to review that type of project and
applauded the applicant's efforts.
Commissioner Dominguez stated he had been associated with the Encina Water Quality Control facility
for several years and that the long-term vision was put together by a lot of people that had deep
commitment to the community for many years and really returned some federal dollars that would have
never returned back to the community. Commissioner Dominguez thanked their foresight to make the
facility a cutting-edge facility which had served the community very well.
Commissioner Segall stated the project was a good example of how the City of Carlsbad and the
community had the vision of recycling many natural and other resources and how it made him proud to be
a part of the community and live in Carlsbad.
MOTION
ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning
Commission adopt Planning Commission Resolutions No. 6168 and 6169
recommending approval of POP 1(H) and approving CDP 04-19(A) based upon
the findings and subject to the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez,
Heineman, Segall and Whitton
NOES: None
Chairperson Montgomery closed the Public Hearing on Item 4.
OCTOBER 12, 2006
TO: CITY MANAGER
VIA: COMMUNITY DEVELOPMENT DIRECTOR * J,y
FROM: Senior Planner Elaine Blackburn
EWA HEAT-DRY - PDF 1(H) - PROPOSED NEW CONDITIONS
The EWA Heat-Dry project is scheduled to return to the City Council for public hearing on
October 17, 2006. In order to address concerns about the potential height of structures on the
site and the potential for odor from the project, the Planning Department proposes to revise one
current condition of approval and to add one new condition of approval. These changes would
require that Section II of City Council Ordinance No. NS 819 be amended to read as shown
below.
"SECTION II: That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 6168 shall also constitute the findings and conditions of the City
Council with the addition of the following changes:
1) Condition No. 18 of Planning Commission Resolution No. 6168 is hereby amended to
read as follows: Upon approval by City Council the setbacks/yards, open space,
height and bulk of buildings, fences and walls, landscaping, grading, dedication
and improvement requirements, phasing (if any), points of ingress and egress,
and parking proposed by PDP 1(1-1) shall be the minimum development standards
for PDP 1. Any change to the structures, equipment, or other facilities on the
Encina Water Pollution Control Facility (EWPCF) site from those approved by this
PDP Amendment (PDP 1(H)) which would exceed these approved development
standards, including the placement of a vent stack/tower which would exceed 53
feet in height, shall require the approval of the City Council.
2) A new condition is added to read as follows: The Applicant shall provide copies of
the EWPCF "Odor Complaints Log" to the Planning Director on a quarterly basis.
If the Planning Director determines that the number or nature of such complaints
is excessive, then the Planning Director shall bring the matter before the City
Council. The City Council may require additional improvements or operating
conditions in the public interest and determined to be necessary or appropriate by
the City Council to control odor generated within the EWPCF site, to the extent
that such improvements or conditions are not pre-empted by Division 26 of the
California Health and Safety Code, §39000 et seq., entitled "Air Resources"
C: Assistant City Manager
City Clerk
City Attorney
Assistant Planning Director
Clyde Wickham
File Copy
Data Entry
Planning Aide
OCT. 17.2006 5:10PM FOLEY & LARDNER UP
SFOLEY
FOLEY & LARDNER LLP
October 17, 2006
NO. 0128 P. 2
ATTORNEYS AT LAW
402 W. BROADWAY, SUITE 2100
SAN DIEGO, CA 92101-3542
619.234.6655 TEL
619.234.3510 FAX
www.foley.com
WRITER'S DIRECT LINE
619.685.6426
grnoser@folay.eom EMAIL
CLIENT/MATTER NUMBER
123790-0116
VIA FACSIMILE
Mr. Ron Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: City Council Agenda of October 17,2006: Item #9- AB 18752 -
Encina Wastewater Authority Plan Amendment
Dear Mr. Ball:
As we discussed, on behalf of the Encina Wastewater Authority we request that action on the
above-referenced item by the City Council be deferred until we have an opportunity to resolve the
question of whether the Authority is required to obtain building permits.
We believed that the City had determined not to require such permits, and was modifying
conditions 8 and 10 accordingly. It has been our position that Encina Wastewater Authority is
exempt from seeking building permits under Government Code section 53090, et $eq., or directly
under Hall v. Toft (1956) 47 Cal.2d 177 and its progeny. While the Authority desires to cooperate
with the City in the design of this project, it is apparent that it will take additional time for us to
reach agreement regarding this issue.
Your cooperation is appreciated.
Sincerely,
Gregory V. Moser
General Counsel
cc: Mike Hogan, General Manager
Encina Wastewater Authority
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVILLE
LOS ANGELES
MADISONMILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DlESO/OEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
SDCA_294875.1
Date OCTOBER 23, 2006
ALL RECEIVE
For Information of City Council
CA _jS CM «"*•" CC «-
Asst. City Mgr.
TO: CITY MANAGER
VIA: COMMUNITY DEVELOPMENT DIRECTOR
FROM: Senior Planner Elaine Blackburn^
SUBJECT: EWA HEAT-DRY - PDF 1(H) - REVISED CONDITIONS
The EWA Heat-Dry project is scheduled to return to the City Council for public hearing
on November 7, 2006. In order to address concerns about the potential height of
structures on the site and the potential for odor from the project, the Planning Department
has previously provided one revised condition of approval and one new condition of
approval (Section II Items 1 and 2, below). Staff also proposes to revise the wording of
two other approving conditions (Section II Items 3 and 4, below) pursuant to the direction
of the City Attorney. These changes would require that Section II of City Council
Ordinance No. NS 819 be amended to read as shown below.
"SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6168 shall also constitute the findings and
conditions of the City Council with the addition of the following changes:
1) Condition No. 18 of Planning Commission Resolution No. 6168 is hereby
amended to read as follows: Upon approval by City Council the
setbacks/yards, open space, height and bulk of buildings, fences and walls,
landscaping, grading, dedication and improvement requirements, phasing (if
any), points of ingress and egress, and parking proposed by PDF 1(H) shall
be the minimum development standards for PDF 1. Any change to the
structures, equipment, or other ' facilities on the Encina Water Pollution
Control Facility (EWPCF) site from those approved by this POP Amendment
(PDF 1(H)) which would exceed these approved development standards,
including the placement of a vent stack/tower which would exceed 53 feet in
height, shall require the approval of the City Council.
2) A new condition is added to read as follows: The Applicant shall
provide copies of the EWPCF "Odor Complaints Log" to the Planning
Director on a quarterly basis. If the Planning Director determines that the
number or nature of such complaints is excessive, then the Planning Director
shall bring the matter before the City Council. The City Council may
require additional improvements or operating conditions in the public
interest and determined to be necessary or appropriate by the City Council
to control odor generated within the EWPCF site, to the extent that such
improvements or conditions are not pre-empted by Division 26 of the
California Health and Safety Code, §39000 et seq., entitled "Air Resources".
3) Condition No. 8 of Planning Commission Resolution No. 6168 is hereby
amended to read as follows: This project shall comply with all conditions and
mitigation measures which are required as part of the Zone 3 Local Facilities
Management Plan and any amendments made to that Plan prior to the
commencement of construction.
4) Condition No. 10 of Planning Commission Resolution No. 6168 is hereby
amended to read as follows: This approval shall become null and void if
construction does not commence for this project within 24 months from the date
of project approval."
Assistant City Manager
City Clerk
City Attorney
Acting Planning Director
Clyde Wickham
File Copy
Data Entry
Planning Aide
OCT 3 1 2006
CITY OF CARLSBADCITY CLERK'S OFFICE
CITY OF CARLSBAD
JANE MOBALDI 1200 CARLSBAD VILLAGE DRIVE
ASSISTANT CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1949
(760) 434-2891
RONALD KEMP FAX: (760) 434-8367
DEPUTY CITY ATTORNEY
r,.,,, ^ r-rM^Mo^M RANDEEHARLIB
PAUL G. EDMONSON October 23 2006 SECRETARY TO CITY ATTORNEY
DEPUTY CITY ATTORNEY . UClODBr Z4, ZUUD ARDIS SEIDEL
LEGAL SECRETARY/PARALEGAL
Gregory V. Moser
General Counsel
Encina Wastewater Authority
Foley & Lardner LLP
- 402 West Broadway, Suite 2100
San Diego, CA 92101-3542
RE: CITY COUNCIL AGENDA OF OCTOBER 17, 2006 ITEM 9 -
AB 18,752 - ENCINA WASTEWATER AUTHORITY PLAN AMENDMENT
Dear Mr. Moser:
Thank you for your letter of October 17, 2006. I presented it to the City Council at its
meeting of that evening and the matter has been continued the Council's next meeting
of Tuesday, November 7, 2006. As we discussed on Friday, October 20, 2006, the City
will amend conditions 8 and 10 so that the triggering event is not the issuance of
building permits but rather the commencement of construction.
As we further discussed, we do not concede the legal issue that the Authority is subject
to the City's zoning and building ordinances. Among other things, the exemption from
the requirements of building permits under Government Code section 5309'0, et seq.,
applies to local agencies. Encina is not a local agency as that term is defined in the
law. Additionally, Hall v. Taft (1956) 47 Cal.2nd 177 applies to situations where the state
itself engages in sovereign activities. Encina is not doing that in this application.
I appreciate your cooperation and courtesy in this matter.
Veiytruly yours,
I W—«.
RONALD R. BALL
City Attorney
rmh
c: Mayor and City Council
City Manager
Public Works Director
Community Development Director
Assistant City Attorney
Deputy Public Works Director
EWA HeatEWA Heat--DryDryPDP 1(H)PDP 1(H)
Location MapLocation MapI-5 A T & S F R R
C A R L S B A D B L
AV E N I D A E N C I N A S EA S Y S TPASEO DEL NO RTE O C E A N V IE W D R
S U R F S I D E L NTIDE CTI-5 C A R LS B A D B L
I-5 A T & S F R R C A R LS B A D B L
A V E N I D A E N C I N A S
E A S Y S TPASEO DEL N O RTE O C E A N V IE W D R
S U RFS I DE LNTIDE CTI-5 C A R L S B A D B L
0400200FeetPDP 1(H) / CDP 04-19(A)EWA HEAT DRY
Permit ApplicationsPermit ApplicationsPDP Amendment (requires Council approval)PDP Amendment (requires Council approval)CDP Amendment (approved by Planning CDP Amendment (approved by Planning Commission contingent upon Council approval Commission contingent upon Council approval of PDP Amendment)of PDP Amendment)No environmental action (EWA Lead Agency)No environmental action (EWA Lead Agency)
Project ComponentsProject ComponentsNew New BiosolidsBiosolidsHandling FacilitiesHandling FacilitiesHeat Drying Facilities; Dried Product Loading StationHeat Drying Facilities; Dried Product Loading StationNew Air Emissions/Air Quality Control FacilitiesNew Air Emissions/Air Quality Control FacilitiesRegenerative Thermal Oxidizer; Iron Sponge; Regenerative Thermal Oxidizer; Iron Sponge; Carbon SystemCarbon SystemRelocated Chemical Storage FacilitiesRelocated Chemical Storage FacilitiesNew Energy Management/Cogeneration System New Energy Management/Cogeneration System ModificationsModifications
Site PlanSite PlanDIGESTERSMAINT.POWER BLDGPRIMARY CLARIFIERSOPERATIONSMAINTENANCEAERATION BASINSSECONDARYCLARIFIERSDEWATERING
Project PurposesProject PurposesAnticipated year 2025 capacity needsAnticipated year 2025 capacity needsBiosolidsBiosolidsclassification change from Class B to classification change from Class B to Class A (pathogen free; environmentally Class A (pathogen free; environmentally superior)superior)Reduce disposal volume, increase disposal optionsReduce disposal volume, increase disposal optionsReduce truck tripsReduce truck tripsAllow maximum utilization of digester gas, Allow maximum utilization of digester gas, increase overall operational efficiency, maintain increase overall operational efficiency, maintain nonnon--major source (air pollution) classificationmajor source (air pollution) classification
Heat Drying FacilitiesHeat Drying FacilitiesReplace existing dewatering operationsReplace existing dewatering operationsCentrifuges for dewatering and heat drying train to Centrifuges for dewatering and heat drying train to reduce volume of resulting reduce volume of resulting biosolidsbiosolidsWest of/connected to existing dewatering building West of/connected to existing dewatering building Area: Total 21,647 Area: Total 21,647 sfsf(11,673 existing; 9,974 new) (11,673 existing; 9,974 new) Height:Height:New area: 48 ft (1 story and mezzanine)New area: 48 ft (1 story and mezzanine)Existing area: 42 ft (2 stories and mezzanine)Existing area: 42 ft (2 stories and mezzanine)White painted aluminum panels; concrete/metal roof White painted aluminum panels; concrete/metal roof with composite overlaywith composite overlay
Dried Product Loading StationDried Product Loading StationProduct loaded directly onto trucksProduct loaded directly onto trucksNorth of/connected to new heat drying buildingNorth of/connected to new heat drying buildingArea: 1,554 Area: 1,554 sfsfTwo loading bins (project up through roof)Two loading bins (project up through roof)Each 18.5 ft diameterEach 18.5 ft diameterHeight: 44 ft building; 53 ft loading binsHeight: 44 ft building; 53 ft loading binsWhite painted aluminum panels; concrete/metal White painted aluminum panels; concrete/metal roof with composite overlayroof with composite overlay
Air Emissions/Air QualityAir Emissions/Air QualityNew Regenerative Thermal OxidizerNew Regenerative Thermal OxidizerAdjacent to heat drying building; 534 square feetAdjacent to heat drying building; 534 square feetRequired exhaust system (possible vent stack)Required exhaust system (possible vent stack)1616--inch maximum diameter; height uncertaininch maximum diameter; height uncertainNew Iron Sponge SystemNew Iron Sponge SystemNortheast corner of site; 292 square feet Northeast corner of site; 292 square feet New Carbon SystemNew Carbon SystemEast side; approximately 197 square feet East side; approximately 197 square feet All under 20 feet in height All under 20 feet in height
Chemical StorageChemical StorageRelocation of existing chemical storage areasRelocation of existing chemical storage areasApproximately 3,000 square feet totalApproximately 3,000 square feet totalMaximum structure height: 24 feetMaximum structure height: 24 feet
Energy Mgmt/CogenerationEnergy Mgmt/CogenerationReplacement of generators and blowersReplacement of generators and blowersTo allow maximum use of digester gas, maximize To allow maximum use of digester gas, maximize energy efficiencyenergy efficiencyNo externallyNo externally--visible physical changesvisible physical changes
Project SiteProject Site2525--acre siteacre siteNo native vegetation; landscaped setbacksNo native vegetation; landscaped setbacksAll proposed improvements interior to siteAll proposed improvements interior to siteInterior of site (development area) below IInterior of site (development area) below I--5 5 Freeway elevationFreeway elevation
PDP AmendmentPDP AmendmentDevelopment standardsDevelopment standardsLot Size:Lot Size:Minimum allowed: 7,500 Minimum allowed: 7,500 sfsfProposed site: 25 acProposed site: 25 acLot Coverage:Lot Coverage:Maximum allowed: 50%Maximum allowed: 50%Proposed: 47.7%Proposed: 47.7%Other standards to be as approved by City CouncilOther standards to be as approved by City Council
PDP Amendment, continuedPDP Amendment, continuedProposed HeightsProposed HeightsMinimum needed to allow intended operation of Minimum needed to allow intended operation of facilitiesfacilitiesExisting heights: 28 to 44 ftExisting heights: 28 to 44 ftProposed heights:Proposed heights:Storage bins (2): 53 ft (tallest proposed facilities)Storage bins (2): 53 ft (tallest proposed facilities)Heat drying building: 48 ft (tallest proposed building)Heat drying building: 48 ft (tallest proposed building)Center of site; greatest distance from surrounding Center of site; greatest distance from surrounding usesuses
Looking EastLooking East
Looking SouthLooking South
ParkingParkingPer PDP 1(G) (previously approved):Per PDP 1(G) (previously approved):Required: 123 spacesRequired: 123 spacesProvided/Approved: 127 spacesProvided/Approved: 127 spacesProposed: Reduce size of 5 trailer spacesProposed: Reduce size of 5 trailer spacesStorage of truck trailers not in active useStorage of truck trailers not in active useSpaces not all used currentlySpaces not all used currentlyProject reduces number of truck tripsProject reduces number of truck trips
Noise and OdorNoise and OdorNoise Noise ––No significant change from currentNo significant change from currentNo significant new noise generatedNo significant new noise generatedNew facilities enclosedNew facilities enclosedOdor Odor ––Overall reduction from currentOverall reduction from currentNew RTO: air emissions and odor controlNew RTO: air emissions and odor controlHeat dry/centrifuge process produce less odor than Heat dry/centrifuge process produce less odor than current belt filter presscurrent belt filter pressFewer truck tripsFewer truck trips
EnvironmentalEnvironmentalNo actions required on environmental documentNo actions required on environmental documentMitigated Negative Declaration adopted by EWA Mitigated Negative Declaration adopted by EWA BoardBoard
Planning Commission Planning Commission RecommendationRecommendationThat City Council:That City Council:Approve PDP 1(H)Approve PDP 1(H)