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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 s/ n, n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES $o-n-tf<* n //-~r7-~Ok? D 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 the City Council. 4 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 6 published at least once in a publication of general circulation in the City of Carlsbad within 7 fifteen days after its adoption.8 9 '" 10 "' 11 12 /// 13 /// 14 /// 15 /// 16 /// /// 18 /// 19 /// 20 /// 21 " 22 23 24 25 26 "' 27 '" 28 /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 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 i - 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. PDF 1(H)/CDP 04-19(A) - EWA HEAT-DRY September 6, 2006 Page 4 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 PDF 1(H)/CDP 04-19(A) - E\VA HEAT-DRY September 6, 2006 Page 5 i. 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 PDF 1(H)/CDP 04-19(A) - EWA HEAT-DRY September 6, 2006 Page 6 1 . 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 PDF 1(H)/CDP 04-19(A) - EWA HEAT-DRY September 6, 2006 Page 7 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 PDF 1(H)/CDP 04-19(A) - EWA HEAT-DRY September 6, 2006 PageS i. 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 PDF 1(H)/CDP 04-19(A) -EWA HEAT-DRY September 6,2006 Page 9 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. PDF 1(H)/CDP 04-19(A) - EWA HEAT-DRY September 6, 2006 Page 10 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 Applications„„PDP 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 Components„„New New BiosolidsBiosolidsHandling FacilitiesHandling Facilities„„Heat Drying Facilities; Dried Product Loading StationHeat Drying Facilities; Dried Product Loading Station„„New Air Emissions/Air Quality Control FacilitiesNew Air Emissions/Air Quality Control Facilities„„Regenerative Thermal Oxidizer; Iron Sponge; Regenerative Thermal Oxidizer; Iron Sponge; Carbon SystemCarbon System„„Relocated Chemical Storage FacilitiesRelocated Chemical Storage Facilities„„New Energy Management/Cogeneration System New Energy Management/Cogeneration System ModificationsModifications Site PlanSite PlanDIGESTERSMAINT.POWER BLDGPRIMARY CLARIFIERSOPERATIONSMAINTENANCEAERATION BASINSSECONDARYCLARIFIERSDEWATERING Project PurposesProject Purposes„„Anticipated year 2025 capacity needsAnticipated year 2025 capacity needs„„BiosolidsBiosolidsclassification 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 options„„Reduce truck tripsReduce truck trips„„Allow 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 Facilities„„Replace existing dewatering operationsReplace existing dewatering operations„„Centrifuges for dewatering and heat drying train to Centrifuges for dewatering and heat drying train to reduce volume of resulting reduce volume of resulting biosolidsbiosolids„„West 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 Station„„Product loaded directly onto trucksProduct loaded directly onto trucks„„North of/connected to new heat drying buildingNorth of/connected to new heat drying building„„Area: 1,554 Area: 1,554 sfsf„„Two loading bins (project up through roof)Two loading bins (project up through roof)„„Each 18.5 ft diameterEach 18.5 ft diameter„„Height: 44 ft building; 53 ft loading binsHeight: 44 ft building; 53 ft loading bins„„White painted aluminum panels; concrete/metal White painted aluminum panels; concrete/metal roof with composite overlayroof with composite overlay Air Emissions/Air QualityAir Emissions/Air Quality„„New Regenerative Thermal OxidizerNew Regenerative Thermal Oxidizer„„Adjacent to heat drying building; 534 square feetAdjacent to heat drying building; 534 square feet„„Required exhaust system (possible vent stack)Required exhaust system (possible vent stack)„„1616--inch maximum diameter; height uncertaininch maximum diameter; height uncertain„„New Iron Sponge SystemNew Iron Sponge System„„Northeast corner of site; 292 square feet Northeast corner of site; 292 square feet „„New Carbon SystemNew Carbon System„„East 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 Storage„„Relocation of existing chemical storage areasRelocation of existing chemical storage areas„„Approximately 3,000 square feet totalApproximately 3,000 square feet total„„Maximum structure height: 24 feetMaximum structure height: 24 feet Energy Mgmt/CogenerationEnergy Mgmt/Cogeneration„„Replacement of generators and blowersReplacement of generators and blowers„„To allow maximum use of digester gas, maximize To allow maximum use of digester gas, maximize energy efficiencyenergy efficiency„„No externallyNo externally--visible physical changesvisible physical changes Project SiteProject Site„„2525--acre siteacre site„„No native vegetation; landscaped setbacksNo native vegetation; landscaped setbacks„„All proposed improvements interior to siteAll proposed improvements interior to site„„Interior of site (development area) below IInterior of site (development area) below I--5 5 Freeway elevationFreeway elevation PDP AmendmentPDP Amendment„„Development standardsDevelopment standards„„Lot Size:Lot Size:„„Minimum allowed: 7,500 Minimum allowed: 7,500 sfsf„„Proposed site: 25 acProposed site: 25 ac„„Lot 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, continued„„Proposed HeightsProposed Heights„„Minimum needed to allow intended operation of Minimum needed to allow intended operation of facilitiesfacilities„„Existing heights: 28 to 44 ftExisting heights: 28 to 44 ft„„Proposed 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 ParkingParking„„Per PDP 1(G) (previously approved):Per PDP 1(G) (previously approved):„„Required: 123 spacesRequired: 123 spaces„„Provided/Approved: 127 spacesProvided/Approved: 127 spaces„„Proposed: Reduce size of 5 trailer spacesProposed: Reduce size of 5 trailer spaces„„Storage of truck trailers not in active useStorage of truck trailers not in active use„„Spaces not all used currentlySpaces not all used currently„„Project reduces number of truck tripsProject reduces number of truck trips Noise and OdorNoise and Odor„„Noise Noise ––No significant change from currentNo significant change from current„„No significant new noise generatedNo significant new noise generated„„New facilities enclosedNew facilities enclosed„„Odor Odor ––Overall reduction from currentOverall reduction from current„„New RTO: air emissions and odor controlNew RTO: air emissions and odor control„„Heat dry/centrifuge process produce less odor than Heat dry/centrifuge process produce less odor than current belt filter presscurrent belt filter press„„Fewer truck tripsFewer truck trips EnvironmentalEnvironmental„„No actions required on environmental documentNo actions required on environmental document„„Mitigated Negative Declaration adopted by EWA Mitigated Negative Declaration adopted by EWA BoardBoard Planning Commission Planning Commission RecommendationRecommendation„„That City Council:That City Council:„„Approve PDP 1(H)Approve PDP 1(H)