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Home My WebLink About2006-11-14; City Council; 18802; EWA Heat-Dry PDP 1HCITY OF CARLSBAD - AGENDA BILL 12 AB# 18,802 MTG. 11/14/06 DEPT. Clerk EWA HEAT-DRY PHD 4/1-11riJr *\n] DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-819 approving a Precise Development Plan Amendment POP 1(H) to allow construction of new biosolids handling facilities, new air emissions/air quality facilities, relocated chemical storage facilities, upgrades to energy cogeneration facilities, and other minor modifications to existing facilities on a developed site containing the existing Encina Wastewater Pollution Control Facility located at 6200 Avenida Encinas, between Poinsettia Lane and Palomar Airport Road, in Local Facilities Management Zone 3. ITEM EXPLANATION: Ordinance No. NS-819 was introduced and first read at the City Council meeting held on November 7, 2006. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 18,752 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. NS-819. DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Daa CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES O 1 ORDINANCE NO. NS-819 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A PRECISE DEVELOPMENT PLAN AMENDMENT POP 1(H) TO ALLOW 4 CONSTRUCTION OF NEW BIOSOLIDS HANDLING (HEAT DRYING) FACILITIES, NEW AIR EMISSIONS/AIR 5 QUALITY FACILITIES, RELOCATED CHEMICAL STORAGE FACILITIES, UPGRADES TO ENERGY 6 COGENERATION FACILITIES, AND OTHER MINOR 7 MODIFICATIONS AT THE ENCINA WASTEWATER POLLUTION CONTROL FACILITY, ON PROPERTY LOCATED 8 AT 6200 AVENIDA ENCINAS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS 9 BETWEEN POINSETTIA LANE AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: EWA HEAT-DRY CASE NO.: POP 1(H)11 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and 1^ considered a request to approve Precise Development Plan Amendment PDP 1(H) for the 14 Encina Wastewater Authority Heat-Dry process; and 15 WHEREAS, after procedures in accordance with the requirements of law, the 16 City of Carlsbad has determined that the public interest indicates that said Precise Development 17 Plan Amendment be approved; and 18 WHEREAS, the City Council did on the 7™ day of November 2006, held a duly 19 noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Council considered all factors 22 relating to the Precise Development Plan Amendment. 23 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 24 follows: 25 "SECTION I: That Precise Development Plan Amendment PDP 1(H), dated 26 September 6, 2006, on file in the Planning Department and incorporated by reference herein is27 approved. All development of the property shall substantially conform to the approved plan as28 conditioned. 1 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 the City Council with the addition of the following changes: 4 1) Condition No. 18 of Planning Commission Resolution No. 6168 is hereby 5 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, 6 dedication and improvement requirements, phasing (if any), points of ingress and egress, and parking proposed by POP 1(1-1) shall be the minimum development 7 standards for POP 1. Any change to the structures, equipment, or other facilities on the Encina Water Pollution Control Facility (EWPCF) site from those approved 8 by this POP Amendment (POP 1(H)) which would exceed these approved development standards, including the placement of a vent stack/tower which 9 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 H 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 12 such complaints is excessive, then the Planning Director shall bring the matter before the City Council. The City Council may require additional improvements or 13 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, 14 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 15 Resources". 16 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 17 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.lo }9 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 20 does no* commence for this project within 24 months from the date of project approval." 21 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 22 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 23 published at least once in a publication of general circulation in the City of Carlsbad within 24 fifteen days after its adoption. 26 "' 27 '" 28 '" 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 14th day of November, 2006, by the following vote: AYES: Council Members Lewis, Hall, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: Kulchin APPROVED AS TO FORM AND LEGALITY IONALD R. BALL, City Attorney ATTEST: LORRAINE M. WOOD, City Clerk (SEAL)