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HomeMy WebLinkAbout2009-09-15; City Council; 19964 Part 9; Part 9 - Desalination Project Changes - EIR 03-05A |DA 05-01A|HMP 05-08A|PDP 00-02B|RP 05-12A|SP 144J|Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 1 PDP 00-02(B) Encina Power Station Precise Development Plan MAY 3, 2006August 19, 2009 PREPARED FOR: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 PROPERTY OWNER: Cabrillo Power I LLC Symphony Towers, Suite 27404600 Carlsbad Boulevard 750 "B" Street San DiegoCarlsbad, California 92101-812992008 APPLICANTS: Cabrillo Power I LLC Symphony Towers, Suite 27404600 Carlsbad Boulevard 750 "B" Street San DiegoCarlsbad, California 92101-8129008 Poseidon Resources (Channelside LLC) 501 West Broadway, Suite 8402020 San Diego, CA 92101 PREPARED BY: Hofman Planning Associatesand Engineering 5900 Pasteur Court, Suite 1503152 Lionshead Avenue, Carlsbad, California 9201008 Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 2 ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN TABLE OF CONTENTS I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT…………………………………………..8 B. ZONING ORDINANCE COMPLIANCE …………………………………………8 C. RELATIONSHIP TO SPECIFIC PLAN 144………………………………………9 D. ESTABLISHMENT OF BASELINE CONDITIONS……………………………...9 E. BUILDING PERMIT ISSUANCE FOR ALLOWED USES……………………...10 II. PHYSICAL SETTING A. ESTABLISHMENT OF PDP PLANNING AREAS …………………………..…10 B. EXISTING LAND USES AND CONDITIONS …………………………………10 C. PROPOSED CARLSBAD SEAWATER DESALINATION FACILITY ……………… ……….13 D. SURROUNDING DEVELOPMENTS …………………………………………...14 III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS A. EIR / MITIGATION MONITORING PROGRAM ……………………………….15 B. CITY OF CARLSBAD GENERAL PLAN ……………………………………….15 C. SPECIFIC PLAN 144 (H) …………………………………………………………16 D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) ………16 E. LOCAL COASTAL PROGRAM COMPLIANCE ………………………………..17 F. GROWTH MANAGEMENT PROGRAM COMPLIANCE …………………….. 17 G. COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD…………… 18 H. COASTAL RAIL TRAIL ….................................................................................... 19 I. HABITAT MANAGEMENT PLAN ..……………………………………………19 J. DEVELOPMENT AGREEMENT-DESALINATION FACILITY ……………….19 K. REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION……….…….. 20 IV. DEVELOPMENT STANDARDS…………………………………………………….. 21 V. PUBLIC IMPROVEMENTS A. PUBLIC IMPROVEMENTS OVERVIEW…..………………………………....... 27 B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT…………………….. 28 VI. PROCEDURES AND AMENDMENTS A. CITY COUNCIL APPROVAL OF PDP…………………………………………. 28 B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES………………….......28 C. AMENDMENTS TO APPROVED PDP……………………………….……….....28 Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 3 D. CONSISTENCY DETERMINATION WITH APPROVED PDP…….………......29 Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 4 LIST OF EXHIBITS EXHIBIT 1: Regional Map EXHIBIT 2: Vicinity Map EXHIBIT 3: Zoning Map EXHIBIT 4: General Plan Map / Local Coastal Program Boundary EXHIBIT 5: Precise Development Plan Boundaries EXHIBIT 6: Ownership EXHIBIT 7: Planning Areas EXHIBIT 8: Site Plan with Proposed Facilities EXHIBIT 9: PA 1 - Existing Conditions EXHIBIT 10: PA 2 - Existing Conditions EXHIBIT 11: PA 3 - Existing Conditions EXHIBIT 12: Before/After Desalination Plant: Aerial Photo Simulation EXHIBIT 13: SCCRP Boundary Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 5 APPENDIX ITEMS  A: Encina Power Station/Specific Plan 144: Background History  B: Desalination Plant: detailed exhibits and drawings (Revised per PDP 00-02(B))  C: City Council Ordinance NS-779  D: Carlsbad Boulevard and North County Transit District Railroad right of way: Applicable Scenic Corridor Guideline Excerpts  E: Housing and Redevelopment Commission Resolution XXX approving RP 05- 12 (A) with conditions  F: Mitigation Monitoring and Reporting Program as adopted by City Council Resolution 2006-XXX156  G: Planning Department Policy No. 35  H: SP 144(HJ). as adopted by City Council Ordinance NSCS-XXX  I: City Council Ordinance NSCS-XXXX, including Planning Commission Resolution No. XXXX approving PDP 00-02 (B) with conditions Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 6 GLOSSARY OF TERMS AHL Agua Hedionda Lagoon Cabrillo Cabrillo Power I LLC CEQA California Environmental Quality Act City City of Carlsbad CRT Coastal Rail Trail CSDP Carlsbad Seawater Desalination Plant EPS Encina Power Station EPSPDP Encina Power Station Precise Development Plan Lagoon Agua Hedionda Lagoon LCP Local Coastal Program LFMP Local Facilities Management Plan NCTD North County Transit District PA Planning Area PDP Precise Development Plan Poseidon Poseidon Resources Corporation PRC Poseidon Resources Corporation SCCRP South Carlsbad Coastal Redevelopment Plan SDCWA San Diego County Water Authority SDG&E San Diego Gas and Electric SP144 Specific Plan 144 Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 7 INTRODUCTION  The Precise Development Plan (PDP) is intended to serve as an informational and regulatory document to meet the City’s zoning requirements for the Public Utility Zone as the zone applies to the Encina Power Station (EPS). The EPS is approximately 95 acres in size and extends from Carlsbad Boulevard to Interstate 5 along the south shore of Agua Hedionda Lagoon.  The EPS is currently capable of producing 965 Megawatts (MW) of electricity and providing 25% of San Diego County’s total energy requirements.  The Encina Power Station is owned by Cabrillo Power I L.L.C.  The PDP is also the primary approval process for the Carlsbad Seawater Desalination Project (CSDP), a 50 million gallon per day facility at the EPS. The CSDP is proposed by Poseidon Resources Corporation, which has entered into a long-term lease with Cabrillo Power I L.L.C.  The PDP: a. Depicts the existing land uses and baseline conditions. b. Establishes development standards consistent with applicable zoning requirements. c. Includes provisions for administrative approvals for minor accessory uses and facility modifications necessary for daily power generation and desalination operations and to meet security requirements. d. Establishes PDP amendment procedures. e. Facilitates building permit issuance for allowed land uses at the EPS. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 8  PDP Chapters: I. Purpose of the Precise Development Plan II. Physical Setting III. Incorporation of Applicable Regulations and Documents IV. Development Standards V. Public Improvements VI. Procedures and Amendments Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 9 I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT The Encina Power Station (EPS) on the southern shore of Agua Hedionda Lagoon, west of Interstate 5 and east of Carlsbad Boulevard, has a Public Utility (P-U) zoning designation per City of Carlsbad land use regulations. Exhibit 1 (Regional Map) and Exhibit 2 (Vicinity Map) locate the site within the northern San Diego County coastline. The history and operations of the powerplant are summarized in Appendix A. A summary of the 50 MGD (million gallons per day) seawater desalination facility proposed by Poseidon Resources Corporation is provided in Section II. C. of this document. The Public Utility Zone, Chapter 21.36 of the Carlsbad Municipal Code, implements the corresponding General Plan designation of Public Utility (U). Exhibit 3 (Zoning) and Exhibit 4 (General Plan) depict these land use designations, respectively. Section 21.36.020 of the Public Utility Zone lists permitted uses and structures, including the generation and transmission of electrical energy, use and storage of fuel oils, and energy transmission facilities, all of which are existing uses at the EPS. The processing, use, and storage of domestic and agricultural water supplies are also identified as permitted uses in the P-U Zone. Accordingly, since it entails processing, use and storage of domestic water supplies, the proposed seawater desalination facilityCarlsbad Seawater Desalination Plant (CSDP) is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements “until a precise development plan has been approved for the property”. This document is prepared consistent with the requirements of the P-U Zone, and serves as the site’s official Precise Development Plan (PDP). The PDP serves as the primary entitlement for the CSDP. In the future, the CSDP and other improvements contemplated for the EPS will require building permits; other future improvements may also require entitlements. Since the EPS is within the boundaries of the South Carlsbad Coastal Redevelopment Plan, it is subject to the provisions of this plan as discussed further in Section III. D. B. ZONING ORDINANCE COMPLIANCE Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for certain public utility and related uses subject to a precise development plan procedure to: “Insure compatibility of the development with the General Plan and the surrounding developments” The Precise Development Plan satisfies the above by providing:  a baseline of existing conditions (January 2006August 2009)  guidance for building permit and entitlement issuance for allowed uses  establishment of planning areas, standards and provisions  amendment and implementation procedures Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 10  linkage to other related regulations, approvals, and documents Consistency with the General Plan will allow for continued compatibility with the surrounding developments in the adjacent area, further discussed in II.D of this document. “Insure that due regard is given to environmental factors” The certification of an Environmental Impact Report (EIR) was processed concurrent with the approvals for the desalination facility, as well as this Precise Development Plan. EIR 03-05 and implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP), will satisfy the above regarding adequate environmental review. “Provide for public improvements and other conditions of approval necessitated by the development” The above will be satisfied by compliance with conditions of approval for related permits of uses allowed by the PDP, including the proposed desalination facility. Public Improvements are addressed in Chapter V. C. RELATIONSHIP TO SPECIFIC PLAN 144 Specific Plan 144 was approved by the City of Carlsbad in 1971 covering the powerplant and all related property owned at that time by San Diego Gas & Electric (SDG&E). That included water and southern shoreline areas of Agua Hedionda Lagoon east of Interstate 5; in addition to areas west of I-5. Exhibit 5 (Plan Boundaries) depicts the overlapping boundaries of SP 144 and the Precise Development Plan. The ownership of the powerplant property by Cabrillo Power I L.L.C. is combined with their ownership of adjacent lagoon waters west and east of I-5. Precise Development Plan provisions apply only to the land area zoned P-U since the lagoon water is zoned Open Space (OS). Exhibit 6 (Ownership) depicts the corresponding property ownerships of SDG&E and Cabrillo Power. One of the related entitlements for the desalination facilityCSDP is an amendment to SP 144, which would formally included the PDP area into the Specific Plan. SP 144(H), therefore, is noted in Chapter III (Incorporation of Applicable Regulations and Documents). SP 144(J) is the current amendment that corresponds with amendment to the PDP via PDP 00-02(B). SP 144(I), as well as PDP 00-02(A), are is the file numbers that was were assigned to an application by the powerplant for a re-powering proposal, that instead is regulated by the California Energy Commission and therefore may not be subject to PDP or SP 144 provisions. Pertinent provisions from SP 144 are incorporated into Chapter IV, Development Standards. D. ESTABLISHMENT OF BASELINE CONDITIONS The existing conditions and land uses within the P-U Zone as it relates to the EPS are established. This is an important function of the Precise Development Plan since it will Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 11 serve as the development baseline for any future project implementation at the EPS, such as the desalination plantCSDP. Existing conditions and land uses are outlined in Chapter II, Physical Setting. E. BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES This document is designed to ensure compliance with applicable regulations prior to the issuance of any building permit or entitlement for development within the Precise Development Plan jurisdiction. Chapter IV provides development standards, outlines allowed and conditional uses, and establishes other provisions. In addition, Chapter III of the PDP incorporates by reference all other applicable regulations, permits and documents. By providing a PDP for the property as required by the zoning ordinance, and as a guide to assess implementation compliance, this document facilitates building permit and entitlement issuance procedures. II. PHYSICAL SETTING A. ESTABLISHMENT OF PDP PLANNING AREAS Exhibit 7 (Planning Areas) shows the Precise Development Plan area and corresponding Planning Area boundaries. The three Planning Areas shown are consistent with the planning areas shown and described in EIR 03-05 and SP 144(H). The Assessor’s Parcel Numbers (APN) for the land within the PDP are 210-010-39 and 210-010-37. As determined by these APNs the area of the PDP is approximately 95 acres. B. EXISTING LAND USES AND CONDITIONS The Encina Power Station, and the Agua Hedionda Lagoon are well-established features of coastal North County. Agua Hedionda Lagoon is connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD railroad, and I-5. The lagoon is an integral part of the EPS since it provides the source of seawater that is vital to the cooling operations of the power plant’s steam turbines in service. Exhibit 8 (Site Plan with Proposed Facilities) as well as the exhibits contained in Appendix B shows existing structures, paved and parking areas at the power station as well as the proposed desalination facility location. PLANNING AREA 1 Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally located south of the outer Agua Hedionda Lagoon, and adjacent to Carlsbad Boulevard. PA Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 12 1 contains the most recognizable features of the plant: the power generating facility and emissions stack are located on the western portion of this Planning Area. The boiler/turbine building is the main building onsite and is approximately 200 feet in height. The stack reaches a maximum height of 400’. Other facilities located in PA 1 include water, steam, and natural gas pipelines. An NCTD rail line forms the eastern boundary. The primary land uses in PA 1 are the power generating facility and emissions stack, support facilities, the electrical switching station and related facilities, the water intakes, and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic Reduction SCR (pollution control technology) are located within this PA. The perimeter landscaping along Carlsbad Boulevard and the south shore of the outer lagoon basin is also located within PA 1. In addition to the major structures listed above, the main entrance to the EPS is located in Planning Area 1, at 4600 Carlsbad Boulevard, south of Agua Hedionda Lagoon. The seawater desalination demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of the CSDP, including the intake pump station and intake & discharge pipelines, are located in PA 1. A total of 174 spaces are available at various parking lots within Planning Area 1, shown on Exhibit 9, to serve existing uses and the CSDP (Parking discussed in IV). Other Existing Onsite Uses in PA 1 include: o Chemical and chemical waste storage tanks o Water tank storage facilities o Mobile Office Trailer (4,330 square feet) o Communications facilities o Construction materials storage o Fabrication/machine shops o Vehicle storage areas o Shipping/receiving areas o Administrative support areas o Fire brigade facilities o Trash recycling facilities o Processing, use and storage of natural gas, and liquid natural gas o Processing, use and storage of water supplies o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Railroad access and loading/unloading facilities o Seawater desalination demonstration facility o Discharge pond o Seawater intake o Upland aquaculture operations and processing areas Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 13 The Selective Catalytic Reduction (SCR) facility and related equipment are located to the southeast of turbine Unit 5 of the power generating facility. Components related to implementation of the SCR facility located onsite include: two aqueous ammonia storage tanks, truck unloading station, and piping from the storage tanks to the boilers. The seawater desalination demonstration facility is located north of the main gate off Carlsbad Boulevard. The seawater desalination demonstration facility supply pump is capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the demonstration facility. The objective of the demonstration plant is to develop data for the monitoring of the future full-scale (50 MGD) CSDP facility. This demonstration facility utilizes approximately 23 existing parking spaces, which will be re-established when the seawater desalination demonstration facility is no longer needed onsite. The area is surrounded by trees and shrubs, which serve to screen the facility from views along Carlsbad Boulevard and from the north shore of the Lagoon. The maximum height of this facility is less than 20 feet. PLANNING AREA 2 Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. It contains four large fuel oil storage tanks, which are generally located between I-5 and the NCTD railway, and north of the overhead electrical transmission lines. Fuel oil was formerly the primary fuel source used to fire the electricity generating boilers at the EPS. However, beginning in the 1970s, the EPS switched to use natural gas as the primary fuel consumed in the production of electricity because of its lower emissions and costs. In recent years, natural gas curtailments to the EPS resulted in an increased, though intermittent reliance on fuel oil. This situation could occur again in future years if energy supply and demand reach peak levels and natural gas availability is scarce. The land use activities in this planning area are not readily visible to offsite viewers as the storage tanks are set below grade and are further visually screened by west-facing, east- facing, and north-facing landscaped berms. The primary existing land use activity in this planning area is the storage of fuel oil. Similar to PA 1, other existing activities in this PA include: o Processing, use and storage of natural gas and liquid natural gas o Processing, use and storage of water supplies o Use and storage of petroleum-based fuels and fuel oils o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Communications facilities o Administrative and training support facilities o Dredging operations facilities and storage Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 14 Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, and EPS materials and equipment storage. A landscaped berm is partially sited within this planning area as a means of visually separating the fuel oil storage tanks from southbound travelers on I-5 and Carlsbad Boulevard. Fire training is intermittently conducted within this planning area. PLANNING AREA 3 Planning Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three small fuel oil tanks known as Fuel Tanks 1, 2 and 3. These tanks are located south of the outer basin of the Agua Hedionda Lagoon and adjacent to and west of the NCTD tracks. PA 3 is the location of the proposed Carlsbad Seawater Desalination Plant (CSDP). Power generation-related facilities located in this planning area include the three smaller fuel oil tanks, above ground and underground fuel tanks, and water treatment facilities. Other existing onsite uses in this PA include: o Use and storage of petroleum-based fuels and fuel oils o Wastewater treatment facilities o Wastewater and/or brackish water treatment, disposal, storage and reclamation facilities C. PROPOSED DESALINATION FACILITY The 50 million gallons per day (MGD) Carlsbad Seawater Desalination Plant is proposed for a portion of PA 1 and the portion of PA 3 currently occupied by Fuel Tank #3, the southernmost tank. Appendix B contains engineering drawings depicting various components of the desalination facility and building elevations. When fully operational, the proposed CSDP will have the capacity to deliver up to 50 MGD of Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad, neighboring agencies and/or other regional partners. The desalination facility is described with detailed analysis in certified EIR 03-05, and EIR 03-05(A), an Addendum to the certified EIR. A summary is provided below. The project includes a desalination plant, pipelines and other appurtenant facilities. Fuel Tank #3 and surrounding earthen containment dikes and adjacent paved areas will be removed to accommodate the proposed desalination plant. Detailed exhibits and a preliminary grading plan of the proposed facility are included in Appendix B. Appurtenant facilities are associated with the desalination facility, consistent with the project description in certified EIR 03-05 and EIR 03-05(A), such as: intake and discharge pipes, product water pipeline, transformers, electrical connections and solids handling building. These appurtenant facilities are proposed primarily in PA 3, and PA 1. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 15 Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit 12 of this document shows a before/after conceptual aerial photo simulation of the desalination facilityCSDP. Offsite infrastructure and facilities to carry and store product water are not included as part of the Precise Development Plan as they are not proposed to be located on P-U zoned properties and, therefore, not subject to PDP provisions. Source water for the project will come from seawater in the existing cooling water system at the EPS. Appendix B, Exhibit F provides a process flow diagram for the CSDP. Seawater would be diverted from the combined outlet of the power station condensers and piped to the CSDPdesalination facility. The source water will be pre-treated and filtered through RO membranes to produce high quality drinking water. The product water would be stored temporarily in on-site facilities prior to transmission to local and/or regional storage and distribution systems. A large diameter pipeline, proposed along the east boundary of PA1, would convey product water from the desalination plant in a southerly direction to offsite infrastructure and facilities. An alternative to this pipeline, not shown on the PDP exhibits, would convey product water in an easterly direction from the desalination plant and across a portion of PA2. These product water pipelines, as and the new offsite pipelines that would be constructed for conveyance of the product water to the City of Carlsbad, neighboring water agencies and/or the San Diego County Water Authority, are described in certified EIR 03-05 and EIR 03-05(A). Cooling water from the condensers of all five units of the power generating structure flows into a common discharge tunnel. The concrete discharge tunnel conveys the cooling water into an on-site discharge pond before traveling through box culverts under Carlsbad Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean. The CSDP desalination facility will operate up to 24 hours a day, 7 days a week. This facility will produce water continuously and will be staffed at all times. Maintenance will be conducted onsite as is customary and standard for such a facility or otherwise required by equipment manufacturer specifications. D. SURROUNDING DEVELOPMENTS As a major electrical generating facility in San Diego County, the EPS is a distinct regional land use presence. Land uses surrounding the PDP area include residential neighborhoods, and coastal shoreline areas providing active and passive recreational uses. These include swimming, surfing, walking, bird watching, fishing and bicycling. North of the PDP boundary are the waters of Agua Hedionda Lagoon; Interstate 5 is located along the eastern edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the south is a small community park (Cannon Park) and the operations center of SDG&E. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 16 Single-family residential neighborhoods in the general area include Terramar and Tierra del Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another portion of Terramar is located on the east side of Carlsbad Boulevard, further south of Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north shore of the lagoon is a research institute and fish hatchery. Existing Surrounding Land Uses (Adjacent to Precise Development Plan Jurisdiction) North: Agua Hedionda Lagoon South: Industrial utility, Cannon Park East: I-5 and NCTD Railway Transportation Corridor West: Carlsbad Boulevard, Beach Access Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations (Adjacent to Precise Development Plan Jurisdiction) North: Open Space South: Open Space, Planned Industrial, Utility East: Open Space, Transportation Corridor West: Open Space The Encina Power Station and surrounding neighborhoods have co-existed for approximately 50 years with minimal day-to-day interaction or disturbance. The EPS operations are self-contained and do not generally extend beyond the limits of the PDP. The EPS and implementation of the Precise Development Plan will facilitate continued compatibility with the EPS and surrounding developments in the area. III. APPLICABLE LAND USE REGULATIONS A. EIR 03-05, EIR 03-05(A) / MITIGATION MONITORING and REPORTING PROGRAM Certification of Final EIR 03-05 constitutes the environmental review necessary for this Precise Development Plan and the proposed desalination facility. The EIR was prepared, processed and certified in compliance with CEQA (California Environmental Quality Act). EIR 03-05 also covers the environmental review of offsite pipeline alignments designed to convey the desalinated water for regional distribution from the Encina Power Station location. Certification of EIR 03-05 requires the implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation measures for various environmental impacts assessed in EIR 03-05 that otherwise would create significant impacts. PDP amendment 00-02(B) provides minor revisions to the site plan of the approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03- Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 17 05, EIR 03-05(A) was processed and approved. No new impacts were identified and the project’s mitigation measures have not increased nor are any new mitigation measures required. The mitigation measures mostly address environmental impacts from the offsite pipeline alignments. However, some mitigation measures apply to the desalination facility and therefore require incorporation into this Precise Development Plan. A copy of the MMRP is included in Appendix F. B. CITY OF CARLSBAD GENERAL PLAN The Land Use Element of the Carlsbad General Plan designates the existing power station property as Public Utility (U). The Public Utility designation is implemented through the (P-U) Public Utility Zone, Chapter 21.36 of the Carlsbad zoning ordinance. This Precise Development Plan, compliant with Chapter 21.36, ensures compatibility with the City’s General Plan. The Carlsbad General Plan states that the Public Utility designation’s “primary functions include such things as the generation of electrical energy, treatment of wastewater, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community”. The desalination use is considered consistent with these land uses. Therefore, implementation of the Precise Development Plan, including building permit issuance for the desalination facility, would be consistent with the site’s land use designation of Public Utility and the City’s General Plan. C. SPECIFIC PLAN 144 (H) AND (J) The amendment to formally include the Precise Development Plan area into Specific Plan 144, processed as SP 144(H), was approved concurrently with the desalination facility, EIR 03-05, and other approvals. SP 144(H) will formalized the inclusion of the PDP area; and will likewise provide specific plan coverage compliant with State law guidelines per Government Code Section 65450. A copy of SP 144 (H) is included in Appendix H. Applicable conditions or regulations resulting from the integration of the Precise Development Plan into Specific Plan 144 are outlined with other development standards, planning area by planning area, in Chapter IV. Specific Plan 144 (J) is the amendment to Specific Plan 144 that implements the site plan reconfiguration covered by the amendment to this PDP (PDP 00-02(B)), the Redevelopment Permit Amendment (RP 05-12(A)) and EIR 03-05 Addendum (EIR 03-05 (A)). A copy of SP 144 (J) is included in Appendix H Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 18 D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) The South Carlsbad Coastal Redevelopment Plan (SCCRP) is a 555-acre redevelopment area. As shown on Exhibit 13, the Precise Development Plan area is a portion (approximately 95 acres) of the larger Redevelopment jurisdiction. Identified goals of the SCCRP relative to the EPS and PDP jurisdiction include:  Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant.  Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. Developing new beach and coastal recreational opportunities.  Increasing parking and open space amenities.  Developing new beach and coastal recreational opportunities.  Implementing performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development. In November 2005 the City Council, upon the recommendation of the Housing and Redevelopment Commission, approved Ordinance NS-779. This action requires a PDP for a number of certain uses, including a desalination facility and the generation and transmission of electrical energy, ; a finding of extraordinary public purpose for those certain uses, ; and a Redevelopment Permit. An amendment to the project’s Redevelopment Permit (RP 05-12(A)) is processed along with the amendment (PDP 00-02(B)) to this PDP. Ordinance NS-779 also states that these requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). Ordinance NS-779 is attached as Appendix C, and integrated into the compliance elements outlined in Development Standards, Chapter IV. E. LOCAL COASTAL PROGRAM COMPLIANCE The Agua Hedionda Lagoon Local Coastal Program (LCP) segment applies to the Precise Development Plan. The LCP area is also shown on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP certification and permit authority from the California Coastal Commission for most of the city’s coastal zone in October 1996. However, the California Coastal Commission retained permit authority within the Agua Hedionda Lagoon LCP. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 19 Therefore, any development within the Precise Development Plan jurisdiction requires approval of a coastal development permit by the California Coastal Commission prior to building permit issuance or effectiveness of any entitlement, such as this Precise Development Plan. Compliance with related coastal permit conditions shall be addressed prior to building permit issuance, as part of the Precise Development Plan implementation. The Agua Hedionda LCP acknowledges the coastal dependent nature of the Encina Power Station and existing land uses, which are considered to be consistent with supported coastal policies and objectives. Likewise, the desalination facilityCSDP is consistent with the Agua Hedionda Lagoon Local Coastal Program as reaffirmed by the environmental review and certification and approval of Final EIR 03-05 and EIR 03-05(A). F. GROWTH MANAGEMENT PROGRAM COMPLIANCE The Growth Management Program, in accordance with Chapter 21.90 of the Carlsbad Municipal Code, established 25 Local Facilities Management Zones throughout the city. No development can occur in any of the Zones unless consistency of the development is determined with the applicable Local Facilities Management Plan (LFMP) for each Zone. Each LFMP determines existing and future needs for infrastructure so that future Zone demands can be adequately assessed, planned, and provided. The Encina Power Station, proposed desalination facility, and Precise Development Plan jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however, applies only to the northwest corner of the Encina Power Station and Precise Development Plan jurisdiction in the vicinity of the aquaculture facilities and discharge pond. Implementation of the Precise Development Plan, including the CSDPdesalination facility, is consistent with the Zone 1 and Zone 3 LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is not necessary to implement the Precise Development Plan. This was reaffirmed by the environmental review and certification of Final EIR 03-05, and EIR 03-05(A) and is summarized below. LFMP Zone 1 and Zone 3 – Performance Standards & Project Compliance Performance Standard Project Compliance Administrative Facilities N/A. This standard does not apply to non-residential uses Library N/A. This standard does not apply to non-residential uses. Wastewater Treatment Effects on wastewater treatment are discussed and mitigated in the EIR and Mitigation Monitoring Reporting Program. Parks N/A. This standard does not apply to non-residential uses. Drainage Negligible Effect. The EPS has a Storm Water Pollution Plan in place. The desalination facility will also implement a SWPP. Circulation Negligible effect. The desalination facility will only add 120 Average Daily Trips to the traffic circulation of the area. Fire N/A. This standard does not apply to non-residential uses. Open Space No effect on open space compliance. Schools N/A. This standard does not apply to non-residential uses. Sewer Effects on sewer capacity are discussed and mitigated in the EIR and Mitigation Monitoring Reporting Program. Water Beneficial effect anticipated. The desalination facility is anticipated Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 20 to substantially improve the quantity and quality of the water supply available to the City, neighboring water agencies and the region. Desalinated water is required to meet all federal, state, regional and local standards. G. COMMUNITY THEME CORRIDORS The City of Carlsbad General Plan designates specific transportation corridors as scenic roadways. Carlsbad Boulevard on the western perimeter of the PDP is designated as a "Community Theme Corridor". Excerpts from scenic corridor guidelines applicable to Carlsbad Boulevard and the railroad right of way are attached in Appendix D. Carlsbad Boulevard, the local segment of the coast highway located along southern California’s coast, provides superior visual access with lagoon, ocean, beach, horizon and sunset views. The NCTD railroad right of way is noted as a “special condition” in the City’s Scenic Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of way to enhance the visual image of the city to railroad passengers. The Circulation Element of the General Plan notes that Community Theme Corridors "connect Carlsbad with adjacent municipalities and present the City of Carlsbad to persons entering and passing through the community". The EPS has been in this location for nearly 50 years and, in part, defines part of the existing overall community character. The review and certification of Final EIR 03-05 included visual assessment of the desalination facility, recognizing that it proposes to replace an existing oil tank. The Mitigation Monitoring and Reporting Program implemented by the EIR 03-05 generated certain mitigation measures regarding aesthetics and view impacts from Carlsbad Boulevard and the NCTD railroad right of way. These mitigation measures are incorporated in the MMRP, Appendix F. Changes proposed to the CSDP as part of PDP 00-02(B) do not trigger any new mitigation measures, as described in EIR 03-05(A). H. COASTAL RAIL TRAIL The City of Carlsbad in coordination with other cities in coastal San Diego County, is implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail mostly along the railroad right of way. At completion, this regional trail is intended to provide an alternative to freeway commuting along the Interstate 5 coastal corridor. Each city is pursuing individual segments within their jurisdiction based on funding and other factors that facilitate construction. The City of Carlsbad opened its first segment of the CRT along the east side of the railroad tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment southward of the CRT crosses the bridge over Agua Hedionda Lagoon and continues south through the Encina Power Station property, on the east side of the railroad tracks within NCTD right-of-way. An alternative to the railroad right-of-way alignment may be evaluated: after crossing the lagoon bridge southbound, the trail would align eastward Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 21 toward to the I-5 freeway along the southern shore of Agua Hedionda Lagoon. The trail would then continue southward along the eastern edge of the Precise Development Plan property west of I-5, into the existing commercial development located on the north side of Cannon Road. The commercial development accommodates the Coastal Rail Trail alignment through its property and facilitates continued southward alignment to city limits. Regardless of final alignment, the CRT is considered an allowed and supported land use within the Precise Development Plan. It is specified as an allowed use within the PDP in Chapter IV, Development Standards. I. HABITAT MANAGEMENT PLAN The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space resources. The Precise Development Plan area is south and adjacent to the Agua Hedionda Lagoon. Implementation of the Precise Development Plan will not adversely affect the Lagoon, nor hinder HMP implementation. The PDP is designated as a “Development Area”, and lies outside of any existing or proposed habitat conservation areas. The Precise Development Plan will not increase or decrease the amount of open space in the city. Consistency with habitat planning efforts was reaffirmed with the environmental review and certification of Final EIR 03-05, and approval of EIR 03-05(A). J. DEVELOPMENT AGREEMENT - DESALINATION FACILITY A Development Agreement may be approved between Poseidon Resources Corporation and the City of Carlsbad. The primary functions of the Development Agreement are to eliminate uncertainty in planning and provide for the orderly development of the Project, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864, et seq. of the California Government Code and Zoning Ordinance Chapter 21.70 are intended. The final terms of the Development Agreement may need assessment prior to building permit issuance for the desalination facility. If approved, the Development Agreement will be on file with the City of Carlsbad, in the Planning Department under the filing reference of DA 05-01. The amendment to the Development Agreement, DA 05-01(A), is part of the amendment package to entitle the reconfigured site plan for the desalination plant covered by PDP 00- 02(B), and related agreement details regarding offsite pipeline distribution and operation not in the PDP. K. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION LOCAL Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 22  City of Carlsbad/Carlsbad Redevelopment Authority REGIONAL  San Diego County Air Pollution District (APCD)  Regional Water Quality Control Board (RWQCB)  San Diego County Department of Environmental Health STATE  California Coastal Commission (CCC)  California Public Utilities Commission (CPUC)  California State Lands Commission (SLC)  California Independent System Operator (ISO)  California Department of Fish and Game (CDFG)  California Energy Commission (CEC)  California Department of Health Services (DHS) FEDERAL  National Marine Fisheries Service (NMFS)  Federal Energy Regulatory Commission (FERC)  United States Fish & Wildlife Services (USFWS)  United States Army Corps of Engineers (USCOE) Some of these agencies have at their discretion the authority to exercise preemptive jurisdictional regulatory powers over design, facility, and operational characteristics of the EPS, which are not subject to the regulatory powers of the City of Carlsbad or the Precise Development Plan. The desalination facilityCSDP is also subject to the regulatory powers of certain agencies noted above. However, the Precise Development Plan does not confer any additional regulatory jurisdictional powers upon the City of Carlsbad than it already retains under applicable state and federal laws. IV. DEVELOPMENT STANDARDS Since much of the EPS was built over 30 years ago, the development standards apply only to new onsite development and/or redevelopment. The proposed development standards will apply as appropriate to future activity requiring entitlements and/or building permits. This chapter reviews and integrates various sources of regulations, requirements, conditions and other provisions. The P-U zoning district, Chapter 21.36, is the primary source of standards and conditions established within the Precise Development Plan. In many cases, Chapter 21.36 does not establish development standards for the P-U zone; instead, Section Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 23 21.36.050 identifies a number of conditions that the City Council may impose on the Precise Development Plan, such as requirements for setbacks and parking. Other sources of standards originate from related regulations and documents as discussed in Chapter III. The table below and subsequent discussion provides the necessary guidance to review and approve future building permit and entitlement requests within the PDP area. OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA STANDARD or REQUIREMENT DESCRIPTION SOURCE of REQUIREMENT Applies to PA 1 Applies to PA 2 Applies to PA 3 Permitted Uses See Discussion Below Chapter 21.36 - 21.36.020 X X X Conditional Uses See Discussion Below Chapter 21.36 - 21.36.110; and the PDP X X X Minimum Lot Area 7,500 square feet Chapter 21.36 - 21.36.060 X X X Lot Coverage 50% maximum See Discussion Below Chapter 21.36 - 21.36.070 X X X Parking, Loading and Refuse Collection Areas None in front, side or rear setback adjoining street; or 10’ within side/rear property line. See Discussion Below Chapter 21.36 - 21.36.080; and the PDP X X X Landscaping See Discussion Below Chapter 21.36 - 21.36.090; PDP X X X STANDARD or REQUIREMENT DESCRIPTION SOURCE of REQUIREMENT Applies to PA 1 Applies to PA 2 Applies to PA 3 Grading See Discussion Below Chapter 21.36 - 21.36.050 (6); and the PDP X X X Architecture and Building Materials See Discussion Below Chapter 21.36 - 21.36.050; and the PDP X X X Setbacks See Discussion Below Chapter 21.36 - 21.36.050 (1); and the PDP X X X Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 24 Parking See Discussion Below Chapter 21.36 - 21.36.050 (11); and the PDP X X X Building Height Not to exceed 35 ft Chapter 21.36 - 21.36.050 (2); SP 144; AHL LCP X X X Equipment and Storage Tank Screening To remain reasonable screened by healthy landscaping/planting SP 144 X X X Lighting Lighting Plan approval prior to building permit issuanceissuedssuance SP 144; also see Mitigation Measures below X X X STANDARD or REQUIREMENT DESCRIPTION SOURCE of REQUIREMENT Applies to PA 1 Applies to PA 2 Applies to PA 3 Precise Development Plan: PDP 00-02. Ordinance NSCS- XXX with Conditions in Appendix I Zoning Ordinance, Chapter 21.36 X X X Redevelopment Permit: RP 05-12(A) Resolution XXX with Conditions in Appendix E Carlsbad Redevelopment Authority/SCCRP X X X Required Finding of Extraordinary Public Purpose-RP required Ordinance NS-779 in Appendix C Carlsbad Redevelopment Authority/SCCRP X X X PDP Requirement Official PDP required SCCRP X X X Coastal Development Permit May be required if new development in AHL LCP segment California Coastal Commission - San Diego Coast X X X Mitigation Measures Appendix F lists EIR mitigation measures MMRP per Final EIR 03-05 X X X Final Precise Development Plan Required for Building Permit Issuance Chapter 21.36 - 21.36.100 X X X PERMITTED USES Permitted uses within the PDP shall be based on the following allowances and/or criteria:  Consistency with the PDP, including the existing uses for the subject Planning Area as established by the Precise Development Plan including Chapter II. B. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 25  Consistency with the Carlsbad General Plan, Encina Specific Plan, and Zoning Ordinance, including the permitted uses and structures as outlined by the Public Utility Zone, Section 21.36.020.  Consistency with the South Carlsbad Coastal Redevelopment Plan, including Section VI. (600), Uses Permitted in the Project Area.  Consistency with the Local Facilities Management Plan for Zone 3.  Consistency with the Agua Hedionda Land Use Plan.  Consistency with the Scenic Corridor Guidelines.  Coastal Development Permit compliance, if applicable, shall be maintained. In addition to the permitted uses listed in the Pubic Utilities Zone, Coastal Rail Trail alignments, when associated with future entitlement efforts by the City of Carlsbad and implementation of trail planning programs, shall also be considered permitted uses. CONDITIONAL USES Conditional uses within the PDP shall be based on the same allowances and/or criteria as permitted uses, except as modified below:  Consistency with the Carlsbad Zoning Ordinance, including procedures and required findings outlined in Chapter 21.42 (Conditional Uses) and Section 21.36.110 (Uses and structures permitted by conditional use permit) of the P- U Zone.  Conditional Use Permits approved in accordance with these provisions shall make the required finding that the proposed conditional use is consistent with this Precise Development Plan. LOT COVERAGE The table below reflects compliance with the maximum allowance of 50% lot coverage. The difference between the existing and proposed data reflects the desalination facilityCSDP. EXISTING LOT COVERAGE Acres Percentage Buildings 11.96 12.58 % Paved Area 24.42 25.68 % Landscaped Area 20.64 21.71 % Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 26 Unimproved Area 38.06 40.03 % Total 95.08 100% PROPOSED LOT COVERAGE Acres Percentage Buildings 14.5706 154.793% Paved Area 253.510 264.873% Landscaped Area 202.164 213.731% Unimproved Area 326.87 348.786% Total 95.08 100% PARKING, LOADING, AND REFUSE COLLECTION AREAS  These areas should continue to be visually screened from public view through the use of existing fencing and landscaping.  Loading, storage and refuse collection should be placed to the rear or sides of the building they serve.  Outdoor refuse collection and permanent loading areas visible from public areas should be visually screened, as necessary, to a height up to 10 feet. Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within Planning Area 1 of the Precise Development Plan. The 174 existing spaces constitute the PDP’s baseline parking supply as depicted on Exhibits 8 and 9. The desalination demonstration facility utilizes 23 of the existing spaces onsite, and maximum parking demands of the existing EPS uses require 112 parking spaces. Therefore, the current baseline demand for parking spaces is 135 when combining all existing uses (including the demonstration facility). At full operation, the CSDP desalination plant will require 13 parking spaces, a number sufficient for plant employees, visitors and vendors. Accordingly, a 1322-space parking lot is proposed on the CSDP desalination plant site, which exceeds the minimum parking requirement. Once the CSDPdesalination plant is operational, the demonstration facility will be removed and the 23 parking spaces it now occupies will again be available. The 112 spaces required by current EPS uses, combined with the future 12213 3 spaces parking need required by the CSDP produces a total demand for 1255 spaces, which are accommodated by the current baseline of 174 parking spaces plus the 9 extra spaces provided at the CSDP (for a total of 183 available parking spaces). Because of the unique uses at the EPS, determination of parking needs for facilities within the PDP may require case-by-case basis analysis based on employee numbers, hours of Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 27 operations, and other factors. In addition, when applicable, the parking standards of Zoning Ordinance Chapter 21.44 shall be followed. LANDSCAPING A landscape plan may be required prior to building permit issuance. The following criteria and objectives shall guide landscape review and implementation:  Landscaping shall be provided per the requirements of Section 21.36.090 of the Carlsbad Municipal code, which requires landscaping with irrigation systems within setbacks, where feasible,  Consistent with the City of Carlsbad Landscape Manual, minimum plant sizes for onsite plantings, where visible to the public, shall be as follows: 15 gallon for trees, 5 gallon for woody and massing shrubs and 1 gallon plants for color and accent shrubs/flowers.  Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of way shall be consistent with the scenic corridor and railroad corridor themes per the Carlsbad Landscape Manual to enhance the visual character of area.  When parking is visible from Carlsbad Boulevard, landscaping shall screen views of parking from passing motorists and pedestrians.  Perimeter landscaping, trees or shrubs that are diseased, dying or removed shall be replaced with similar plants of equal or better screening ability in a timely manner to the satisfaction of the Planning Director. GRADING  Grading in the visible areas surrounding the lagoon and plant should utilize natural contour as opposed to hard, angular or extreme grading concepts, whenever feasible. Any grading should preserve and enhance natural appearances of areas visible to the public to minimize visual impacts.  Grading shall comply with all City and Coastal Commission requirements. ARCHITECTURE & BUILDING MATERIALS The form and design of any new structures, including the CSDP, would largely be determined based as a result of the visibility from offsite locations and applicable government requirements. The following architectural guidelines apply only to the EPS's perimeter, and other publicly visible components of the Precise Development Plan area. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 28  Future buildings and structures, and additions and alterations to them or to existing buildings and structures, should be sited and designed in a compatible manner with the EPS’s surroundings, which include the overall lagoon and ocean environment, views from scenic corridors, public recreation and open space areas, and established residential neighborhoods.  Building materials and finishes should also reflect compatibility with surroundings. It is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow these guidelines. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with one or both of these guidelines is unnecessary. SETBACKS Exhibits 8 and 9 of this document depict minimum required setbacks for the PDP area. However, similar to the architectural criteria outlined above, it is recognized that in some cases requirements of other governmental agencies or the function, nature, or location of the structure or building may limit or make impractical the ability or need to follow setback requirements. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning Director may determine compliance with setback requirements is unnecessary. All setbacks noted below are required minimums.  Carlsbad Boulevard: 50’ setback from the Carlsbad Boulevard right of way is depicted on Exhibits 8 and 9.  Agua Hedionda Lagoon: 50’setback from the property line along the shoreline of the Lagoon. In cases where the top of the bluff is greater than 50 feet from the property line, the top of bluff shall mark the minimum setback from the Lagoon.  Interstate 5: 25’ setback from Interstate 5 right of way.  Setback requirements do not apply to:  Future potential Coastal Rail Trail alignments.  Desalination facility pipeline alignments.  Reasonable modifications or expansion of existing minor structures and improvements, including fencing and screen walls, utility poles and towers; support structures (i.e., guard stations and aquaculture buildings); detention basins, piping, and underground structures (i.e. oil pumping stations); mandated pieces of equipment (i.e., pollution Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 29 control facilities) or other minor structures dictated by regional, state or federal agencies; equipment required to support existing operations (i.e. discharge basin, intake system and dredge support equipment); and security measures.  At the discretion of the Planning Director, setbacks for the above facilities may be required for public health, safety, and welfare purposes, such as to allow adequate vehicle stacking or safe site distances. V. PUBLIC IMPROVEMENTS A. OVERVIEW Since the provision of necessary public improvements is one of the primary purposes of a Precise Development Permit per Section 21.36.010 (3), this overview provides a summary of compliance. Public improvements will be secured through compliance with conditions of approval consistent with permits issued for activities within the PDP area. In addition, EIR 03-05 analyzed certain improvements for environmental impacts and found no significant impacts will result from their implementation. These improvements are described in detail in the EIR document, including pages 3-28 and 3-29; they are referenced herein to indicate their required implementation for consistency with this PDP. These improvements (using EIR 03-05 references, and also depicted on Exhibit 5 of this document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public parking area. The EIR also addressed improvements regarding Carlsbad Boulevard widening generally south of the PDP boundary, and installing a screen wall and landscaping for the EPS frontage along Carlsbad Boulevard. B. OTHER DOCUMENTS – DEVELOPMENT AGREEMENT Another mechanism that may generate public improvement enhancements would be the approval of a Development Agreement that involves the City of Carlsbad; the Development Agreement is also discussed in Section III. J. within this document. VI. PROCEDURES AND AMENDMENTS A. CITY COUNCIL APPROVAL OF PRECISE DEVELOPMENT PLAN Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 30 In accordance with Section 21.36.040 of the Public Utility Zone, the Precise Development Plan requires public hearing approval by the City Council, after recommendation action by the Planning Commission. The City Council approval of the Precise Development Plan on XXJune 13, 2006, validates this document as the official PDP for the subject P-U zoned properties. The Precise Development Plan was approved via City Council Ordinance NS-XXX806. B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED USES Any request for building permit issuance or an entitlement within the Precise Development Plan area requires review for consistency with the Precise Development Plan. Based on the location of the specific request, the Development Standards pertinent to the subject site outlined herein require assessment for compliance. Implementation of this document during building permit and entitlement review will assist the compliance with applicable mitigation measures from EIR 03-05 and the MMRP, the Precise Development Plan and the various other permits and regulations affecting the PDP jurisdiction. Coordination with other agencies may be necessary in certain cases. C. AMENDMENTS TO APPROVED PRECISE DEVELOPMENT PLAN Examples of the types of projects or land uses that would require a formal Precise Development Plan Amendment subject to City Council approval are listed below. The list is not all-inclusive; the intent is to provide examples of the scale and magnitude of development that would mandate formal amendment to the PDP.  Construction of a new power generating station and demolition of the existing station and stack.  Any expansion of the desalination facility to accommodate more than 50 MGD (million gallons per day).  Any proposal for re-powering, or other technological restructuring of the Encina Power Station or desalination facility.  An amendment initiated by City Council action in order to promote public health safety and welfare relative to operations or uses within the PDP jurisdiction.  Any addition, expansion, major modification or change of use to the Encina Power Station or desalination facility, existing power generating station components, or oil storage tanks, that would exceed the amount of change permitted by administrative approval consistent with Carlsbad’s Planning Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 31 Department Policy No. 35 regarding substantial conformance review (see VI. D. below). Formal amendments to the PDP shall be processed in accordance with the requirements of Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City Council approval. Requests for an amendment to the PDP shall be submitted to the Planning Department accompanied by necessary graphics, statements and other information including proposed PDP text and exhibits to support the proposal. D. CONSISTENCY DETERMINATION WITH APPROVED PDP Certain improvements, modifications, maintenance activities or other future proposals may be considered minor in nature and found to be consistent with the Precise Development Plan. In these circumstances, building permits may be issued without formal amendment to the Precise Development Plan. The process to determine consistency with the PDP shall be according to Planning Department Policy No. 35, Discretionary Permit Consistency Determination (attached as Appendix G), as amended from time to time. Encina Power Station Precise Development Plan – PDP 00-02(B) May 3, 2006August 19, 2009 Hofman Planning Associatesand Engineering Page 32 APPENDIX ITEMS  A: Encina Power Station/Specific Plan 144: Background History  B: Desalination Plant: detailed exhibits and drawings  C: City Council Ordinance NS-779  D: Carlsbad Boulevard and North County Transit District Railroad right of way: Applicable Scenic Corridor Guideline Excerpts  E: Housing and Redevelopment Commission Resolution approving RP 05-12(A) with conditions  F: Mitigation Monitoring and Reporting Program as adopted by City Council Resolution 2006-XXX156  G: Planning Department Policy No. 35  H: SP 144(HJ)  I: City Council Ordinance NSCS-XXXX, including Planning Commission Resolution No. XXXX approving PDP 00-02(B) with conditions. w. n. - -- 10.. 72' -0 -I DI-E RUT SECTION A-A *I% SECTION D-D *I.% EXISTING MATURE TREES IWO VEGETATION m REUUN (UNOISTURBED) .. - . , I... ....I. - . .I.>..>_ ..,. .,..,.,l.,.,..-r.. . ..,., _ I .. ..... .-. -- . .. . . dG FAClUTlES TO BE DEMOLISHEO -.. ..-LOCATED A5 NECESW EM FACllITIES SWTH ELEVATION DRAIMNGS FUEPAREO FOR: P OSBIDON R KSOURCE ED TREATMENT FACILmES SOUM ELEVAnON HATCH LEGEND: LUTWUL1: TLT wm N RICE cmm PAM = Ern&& beT& p- a "m'1L3: cIEM W1ZR)NLMNMPlhR LL_I ?Z'1LAs - 2Z22WKMPWB - :%&ULMIKM PUYL = '2EY-Is I GED TREATMENT FACILITIES EAST ELEVATION ED TREATMENT FACILITIES EAST ELEVATION 1. - iw DMWINCS PREPARED FOR m.umm PROJECT:PDP aXm/SP 144(J) CARLSBAD DESALINATION PUM - k* -.I ' ' ' O ENClNA GENERATING STATION SOUTH AND EAST ELEVATIONS 1-2 -1 --Dg-.L. Wk =-t--y su-wm"o "*leun PRECISE DEVELOPMENT PLAN IUS)s6-mB SOUTH ELEVATION Y'I'- 74 Pry-- CARLSBAD SEAWATER DESALINATION PROJECT SITE LOCATION MAP - slimJmx nmm *MIESZ~ 46w WLSBLD BLW ls4m(M Prn wuum: 7-1 EMCIIL SSICIYlnN-a SAlW PmcsE O(YFUIPYUII FUII 210-010-37. 210-010-30 A DTNUU UIE PUW TOTAL STE ACUAOU S5.W ACRES A-I SfA WATTR IUll*IF AND OUCWRCC RPEUNE CUDlffi awuvrrnn IAC~ src ACULI~~; s.? uxs ~XI~W ZIWE AND UIID USE: PUN A-2 SIX WUIDICT UNFS B mYL,u,m mr0 m.,, urr nu -0 WD ML; U TOTAL F~M mum COICILCE; 11.w ACRS TOTAL um*o PAV€D urr: 24.L2 *CRES TOTAL Urmw LAN-0 Ur*: l0.M Ern ~~~~rmmuunmummr: Jsmm CARLSBAD, CALIFORNIA WITKC CMSS40 WYCPU WATER 04- WW Q WINO RW (760) m-zm Rancho Santa Fe Valley Center Ramona Santee El Cajon REGIONAL MAP Encina Power Station Precise Development Plan Exhibit 1 VICINITY MAP Encina Power Station Precise Development Plan Exhibit 2 Hdman Planning Assocktes LEGEND R-A 10,000 -~orl..lb..lzon. CABRILLO POWER PROPERTIES ZONING MAP Encina Power Station Pecise Lkwlopment Plan Exhibit 3 LEGEND Hofman Planning Associates CABRILLO POWER PROPERTIES d GENERAL PLAN MAP / AGUA HEDIONDA LOCAL COASTAL PLAN Encina Power Station kise Doteiopment Ph Exhibit 4 LEGEND mm-m Speclic Plan Boundary PLAN BOUNDARIES Encina Power Station Precise Development Plan Exhibit 5 Hofman Planning & Engineeting Hofmcrn Planning Associates LEGEND Q Ropecty Ownership BoMes Mas- pn,- CABRILLO POWER1 SDG&E OWNERSHIP MAP Encina Power Sution Precise Deveiopmenr Plan Exhibit 6 LEGEND m PMngAIUmm Precise --of m --- Hofman Planning 8 Engineering PLANNING AREA MAP Encim Power Station Deveiopment Pian Exhibit 7 S Y rnu am maw SITE PLAN WITH PROPOSED FACILITY Enci&aPower~mAecire~Pkrn Exhibit 8 Hofman Planning L Enghaerlng PLANNING AREA 1 Encina Power Station PmLr Pew- Ph Exhibit 9 LEGEND PLANNING AREA 2 Hofman Planning & Engineering -- Encina Paver Station Precise Development Plan Exhibit 10 ..I mmm..... + I 4 I s m rn I *** DESALINATION -- FACILITY a-m (CSDP) PLANNING AREA 3 Encina Pow Station Pnche hf- Ph Exhibit 1 1 CONCEPTUAL AERIAL PHOTO SIMULATION BEFORE AND AFTER Encina Power tati ion precise ~evelopment plan Exhibit 12 LEGEND SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA BOUNDARY Encina Power Slation Precise Development Plan Exhibit 13 -- F PAC,, Hofman Planning Associates DRAFT City of Carlsbad Specific Plan 144 Amended and Restated with Amendment 144H144J, per City of Carlsbad Ordinance No. _________, adopted on ________, 20096 2 City of Carlsbad Specific Plan 144 (as amended and restated by Ordinance No._______ with 144(HJ)) I. INTRODUCTION A. PURPOSE The purpose of this Specific Plan is to set forth the existing land uses and land use regulations applicable to the area of Carlsbad which includes the Agua Hedionda Lagoon and certain areas near the lagoon, including the Encina Power Station. Pursuant to Carlsbad City Council Resolution xxxx2003-208xxx, the purpose of this amendment to Specific Plan 144, described as Specific Plan 144H144J, is to incorporate the Encina Power Station Precise Development Permit 00-02(B) (PDP 00-02(B)) into Specific Plan 144 while maintaining the conditions and regulations of previous Specific Plan Amendments A through GIG. B. HISTORY Specific Plan 144 was originally adopted in City of Carlsbad Ordinance 9279 on August 3, 1971. The purpose of the Specific Plan was to provide rules and regulations for the orderly development of 680 acres of land located East of the Pacific Ocean and South of the North Shore of the Agua Hedionda Lagoon, and North of what is now Cannon Road, and provide design and development guidelines for the expansion of the power plant, then owned by San Diego Gas & Electric Company. The property covered by the original Specific Plan 144 was described in Ordinance 9279 as: A portion of Lot F of Rancho Agua Hedionda in the County of San Diego and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of Carlsbad, and a portion of Block “W” of Palisades No. 2, Map 1803 in the City of Carlsbad, County of San Diego, State of California; also being parcel 6, page 07, Book 206; Parcels 24,25,26, and 27, Page 01, Book 210; Parcel 21, Page 21, Book 211, and Parcel 14, page 01, Book 212, of the Assessor’s map of San Diego County, and more particularly described in application on file in the Office of the City Planner. As originally adopted, the Specific Plan placed 13 conditions of development on the subject property and provided for methods of enforcement. 3 On December 4, 1973 the Carlsbad City Council passed Amendment A to Specific Plan 144 in Ordinance 9372 to allow for the construction of a 400- foot stack and removal of the four existing stacks at the Encina Power Station. This amendment became null and void one year later. On May 4, 1976 Specific Plan 144 was amended again (Amendment B) by the City Council’s passage of Ordinance 9456 to permit the construction of a single 400-foot stack at the Encina Power Station to replace the four existing stacks. Amendment B provided a finding that “all conditions of City Council Ordinance 9279 have been complied with and this amendment is consistent with said ordinance and the provisions of the P-U zone.” Amendment B to Specific Plan 144 added condition 14 which created design, development, and other requirements for the construction of the 400-foot stack, the removal of the existing stacks, and operation of the power station. Amendment B also provided an exemption to the 400-foot stack and duct work and screening to the 35-foot height limit established by Condition Number 5 of Ordinance 9279. Amendment C of Specific Plan 144 was adopted on May 3, 1977 by City Council Ordinance 9481 to allow for the construction of water treatment facilities and a maintenance building at the Encina Power Station. Amendment C added condition 15 regarding the development of the water treatment facilities and the maintenance building and amended the map of the specific plan area. Between 1978 and 1993 three additional amendments to Specific Plan 144 were applied for and withdrawn by SDG&E for changes to the Encina Power Station. Amendment D was proposed to allow connection of unit 5 to the stack, but it was determined that the connection was already allowed and so the amendment was not necessary. Amendment E proposed various improvements to the facility, and Amendment F proposed the addition of a green waste facility. Amendments D, E, and F were all withdrawn and were not incorporated into the Specific Plan 144. On January 16, 1996 the Carlsbad City Council adopted Ordinance NS- 345 amending Specific Plan 144 (Amendment G) to remove 24.2 acres of land from the Specific Plan area. The map of the Specific Plan area was revised to reflect the removal of the acreage. In 1999, SDG&E sold a significant portion of its holdings within Specific Plan 144 to Cabrillo Power I LLC. Property sold included the Encina Power Station and outer, middle, and inner basins of the Agua Hedionda Lagoon. SDG&E retained ownership of much of the property within the Specific Plan, including land east of Interstate 5 and along the lagoon’s south and east 4 shore, the SDG&E construction and operations center located south of the power station, and property along the lagoon’s north shore west of Interstate 5. In 2006, Specific Plan 144(H) accommodated the Carlsbad Seawater Desalination Plant in the Specific Plan and on the Encina Power Station site. Specific Plan 144 (I) was submitted by Cabrillo PowerCarlsbad Energy Center LLC as part of their proposal for power regeneration onsite. This application is pending and may be , and was superseded by the California Energy Commission and related procedures. C. PHYSICAL SETTING The Specific Plan 144JH area is generally bound by public beach areas and the Pacific Ocean to the West, the North Shore of the Agua Hedionda Lagoon on the North, and Cannon Road on the South. The east end of the Specific Plan is bisected by Cannon Road and contains wetland and upland areas east and south of the lagoon. A map showing the boundaries of the Specific Plan 144JH area is shown as Exhibit A attached to this document. The Specific Plan 144 H J area incorporates the Agua Hedionda Lagoon on the West and East sides of the I-5 Freeway and includes agricultural land in the southeast, and the Encina Power Station in the West. The I-5 freeway bisects the Specific Plan area and the AT&SP/North County Transit District Rail Corridor parallels the I-5 Freeway in the Western part of the Specific Plan area and bisects the Encina Power Station. Additionally, Carlsbad Boulevard is located along and just inside the west Specific Plan boundary and separates the Encina Power Station from the Pacific Ocean. A small portion of the Specific Plan is located west of the freeway and along the lagoon’s north shore. The Specific Plan Boundary is shown in Exhibit A. The distribution, location and extent of the uses of the land, including open space within the area covered by this Specific Plan, are shown in Exhibit B. II. INFRASTRUCTURE The Specific Plan area is generally characterized by the Agua Hedionda Lagoon, Encina Power Station and agricultural land. The following description provides the existing distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage and solid waste disposal, energy, and other essential facilities located within the area covered by the plan, and which support the existing land uses described in the plan. PDP 00-02 (B), referenced in this Specific 5 Plan, provides information on the Carlsbad Seawater Desalination Project and associated infrastructure, which are proposed to be approved concurrently with amendment 144(HJ) to this Specific Plan. PDP 00-02 (B) also provides details regarding the existing Encina Power Station. The desalination project is located on the grounds of the Encina Power Station. Related infrastructure includes conveyance pipelines to carry desalinated water offsite of the power station (and thus outside the boundaries of the PDP and Specific Plan) and into surrounding communities. A portion of the different alignments for the pipelines would cross land within Specific Plan 144 south and east of the power station and east of Interstate 5. Since these offsite pipelines are not located within the PDP, they are subject to different permit requirements. Other than the infrastructure contemplated in PDP 00-02 (B) and other permits related to the Carlsbad Seawater Desalination Project and not yet constructed, and any infrastructure referenced in the previously approved Local Facilities Management Plan described below, there are no other planned or approved, but as yet unbuilt, changes or additions to infrastructure facilities in the Specific Plan area. Because additional growth and development within the Specific Plan area is not proposed , there are no further infrastructure plans proposed to support any development of any existing undeveloped or open space areas within the Specific Plan. Major infrastructure elements in the Specific Plan area include electrical transmission lines emanating from the Encina Power Station and which extend across the Specific Plan area to the East, the I-5 freeway, the AT&SP/North County Transit District Rail tracks, Cannon Road and Carlsbad Boulevard. The power plant is served by general water and wastewater facilities that service the greater Carlsbad area. There are sewer and water lines and a gas main located within the Cannon Road right-of-way. A gas main and sewer force main also extend along the AT&SP/North County Transit District Rail tracks. Other public rights of way in the Specific Plan, such as Cannon Road and Carlsbad Boulevard, support additional infrastructure. As part of its Growth Management Program, the City of Carlsbad adopted the 1986 Citywide Facilities and Improvement Plan in order to implement the City’s General Plan and Zoning Ordinance. This plan ensures that development does not occur unless adequate public facilities and services exist or will be provided concurrent with new development. A Local Facility Management Plan (LFMP) has been adopted for all but one of the 25 Facility Zones within the City. The Specific Plan 144H 144J area is located 6 within Zone 1, Zone 3 and Zone 13, for which the City has adopted LFMPs. Consistent with the Citywide Plan, each plan contains performance standards (i.e., thresholds) for public facilities and services. This provides the City with quantitative guidance as to whether or not a project will be in conformance with adequate public facility and service provision thresholds. Therefore, projects within the City of Carlsbad are subject to thresholds for circulation, city administrative facilities, fire, schools, libraries, park and recreation resources, open space, wastewater treatment capacity, sewer collection system, drainage/storm water system and water distribution. This Specific Plan incorporates by reference the LFMPs for those parts of the Specific Plan area that fall within Zone 1, Zone 3 and Zone 13. There are no proposals for additional development in Specific Plan area 144H 144J and therefore there will be no additional need for infrastructure facilities beyond those required for the development in the PDP 00-02 (B) area. PDP 00-02 (B) is consistent with the LFMP for Zone 1 and Zone 3, and infrastructure within the PDP 00-02 (B) area will be subject to requirements of PDP 00-02 (B). III. DEVELOPMENT STANDARDS Generally, the development standards in this Specific Plan are the same as the standards contained in the City of Carlsbad General Plan. This Specific Plan provides for the same Utility, Travel/Recreation Commercial, Residential High Density, and Open Space designations as are indicated in the Carlsbad General Plan as shown in Exhibit B attached to this document. Further, development standards for the Encina Power Station are contained in PDP 00-02 (B). At this time, there is no additional development proposed for the lagoon or agricultural areas of Specific Plan 144H144J. No regulations for development of these areas are included in this Specific Plan. Standards and conditions for the Encina Power Station required as part of the original Specific Plan and Amendments A-G are indicated below. Items 1-13 were found to be complied with in the findings of City of Carlsbad Ordinance 9456. Any development proposed outside the PDP 00- 02 (B) portion of this Specific Plan 144(HJ) will require an amendment to this Specific Plan. Any additional development within the PDP 00-02 (B) area will not require an amendment to this Specific Plan unless it is considered a “major formal amendment” as described in PDP 00-02 (B). 7 Specific Plan Amendments 144(A-G) established the following standards and requirements, (some of which have been satisfied as of the date of Specific Plan 144(HJ)): 1. That the granting of the requested zoning shall be subject to the remainder of the San Diego Gas and Electric property (portion Lot “F”) being annexed to the City of Carlsbad. Also that the area designated on the Specific Plan as “Site of Future Power Plant,” east of the freeway, be subject to Specific Plan approval at a later date. 2. All developments within the public utility zone shall be within the conditions specified therein and following. 3. Details concerning the leasing of park lands shall be agreed upon between San Diego Gas and Electric Company and the City within one year after the City has approved final rezoning. Location of baseball little league park and other athletic facilities shall be subject to specific plan approval at the earliest practicable date, it being understood that the present proposed location thereof is disapproved. 4. All buildings shall be subject to architectural review as prescribed in Ordinance No. 9268 prior to issuance of a building permit to assure a maximum amount of design compatibility with the neighborhood and existing facilities. 5. The heights of future power generating buildings and transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35’) feet in height unless a specific plan is approved at a public hearing. 6. All fuel storage tanks shall be recessed and used for those oils which, upon being consumed, shall not have a sulfur content exceeding .50 percent; being that percentage commonly associated with the term “low sulfur fuel oil.” 8 7. Landscape and irrigation plans prepared by a registered landscape architect shall be submitted in conformance with Ordinance No. 9268 for the screening of existing facilities. Plans shall be submitted within two years and must provide a schedule for installation. 8. That the proposed site for a future power generating facility on the East side of Interstate 5 shall be planned so as to be compatible with the present facility. The facilities shall meet the requirements of the State and Federal regulations and shall be environmentally compatible with the City of Carlsbad. 9. All signs shall be in conformance with City ordinances within 90 days. 10. Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light source. 11. Prior to any construction, detailed plans shall be submitted to the City of Carlsbad Fire Department to assure: a) Necessary fire protection requirements. b) Suitable access roads for fire fighting purposes. c) Necessary yard mains and fire hydrants. d) Other fire protection devices or appliances deemed necessary. 12. That the applicant dedicate right-of-way for that portion of the width of Cannon Road (102’ R/W) which falls within the applicant’s property East of I-5. The alignment shall be subject to the approval of the City Engineer and Planning Director. 13. That the following conditions of public improvements for Cannon Road and Carlsbad Boulevard be complied with: A. Carlsbad Boulevard. 9 1) Construct street improvements including curb, gutter, sidewalks, street lights and up to 20 feet of paving along each side where SDG&E property has frontage, excepting public beaches and property dedicated for public parks. Construction may be deferred until mutually agreeable to the City and the Company except that the safety of the driving and walking public will be considered. The improvements may be financed by assessment district. B. Cannon Road. 1) Construct full street improvements for ½ street from Carlsbad Boulevard to a point approximately 600 feet easterly of I-5 along frontage owned by SDG&E, timing to be subject to approval of City, but in any event not before development of property adjoining the south side of Cannon Road or the institution of an assessment district. 2) Dedicate full right of way (102 feet) for that portion of Cannon Road easterly of I-5 which falls within SDG&E property. 3) Construction of improvements easterly of B-1 may be deferred until property easterly of I-5 is developed. Agreement on grade development and spreading of construction cost shall be mutually agreeable to the City and the Company. The City policy for improvement of such streets shall be considered. C. Access roads shall be subject to City approval. 14. In addition to the above conditions, the revised portions of the specific plan which permit the construction of the 400-foot stack and the removal of the four existing stacks shall be accomplished in accord with the revised specific plan SP-144B and shall be subject to the following conditions: (A) All applicable requirements of any law, ordinance or regulations of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 10 (B) All ground lighting shall be arranged to reflect away from adjoining properties and streets. (C) Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director for approval. (D) Air pollution equipment capable of monitoring ambient particulates, NOx and SO2 concentrations and other emissions from the Encina Plant as well as air quality in the Carlsbad area shall be placed in service not later than six months following the effective date of this ordinance. The number of stations, type of equipment and location of stations shall be to the satisfaction of the APCD Control Officer and the City of Carlsbad. Should the Air Pollution Control Officer of the San Diego County Air Pollution Control District require additional air quality or emissions monitoring equipment and funds for air quality analysis in connection with their current study of emissions from the Encina Power Plant, the applicant shall supply said equipment and funds as deemed necessary by the Air Pollution Control Officer. The cost of said equipment shall not exceed $150,000. The requested funds for air quality analysis shall not exceed $50,000 per year. (E) Any future measure required by the San Diego County Air Pollution Control District to lessen or otherwise control emissions from the Encina Power Plant are hereby incorporated as a part of this Specific Plan Amendment and SDG&E shall comply fully therewith. The costs of such measures shall be borne by SDG&E. (F) SDG&E will obtain a report of compliance from the City staff regarding the conditions of this ordinance and from the San Diego County Air Pollution Control Officer regarding compliance with the applicable conditions of the ordinance and with air quality standards, and forward it to the City Council five years from the date of this ordinance or as otherwise required by motion of the City Council, or the Planning Commission. The Planning Commission and City Council shall review the report with regard to conformance to the conditions of this ordinance and to 11 regulations required by other applicable regulatory agencies, including, but not limited to, the San Diego County Air Pollution Control District, Public Utilities Commission and State Coastal Commission. The City reserves the right to amend this specific plan SP-144B as necessary to add conditions to ensure such compliance. After the initial report is filed the City Council may, by motion, require additional reports as they deem necessary. (G) In the event that the City of Carlsbad determines that the 400-foot stack is no longer necessary as a method of air emission dispersion, the 400-foot stack shall be removed at the applicant’s expenses. The applicant may request an amendment to this specific plan to provide a reasonable extension of the period for such removal. (H) The applicant shall make a formal commitment to conduct the studies necessary to determine what operating practices and/or emissions control devices are capable of eliminating the particulate “fallout” problem. A schedule for the completion of the studies shall be established which is satisfactory to the San Diego County Air Pollution Control District Officer, the Air Pollution Control District Hearing Board or Court of Law. SDG&E shall fully comply with the abatement order entered in petition No. 607. The applicant shall further agree to pay claims for property damage resulting from the “fallout” problem until compliance with the abatement order is achieved. The particulate “fallout” problem shall be controlled to the satisfaction of the City Council of the City of Carlsbad and of the Air Pollution Control Officer prior to the final building permit clearance for Encina 5 and the single stack. (I) Not later than eight months after the Building Inspector signs the final inspection for the 400-foot stack, the four stacks on the existing Encina Power Plant shall be completely removed. (J) SDG&E shall file an annual report with the City Council regarding improvements in plant and operating procedures during the preceding year which reduce the 12 emission of air pollutants resulting from the operation of Encina Units 1, 2, 3 and 4. (K) SDG&E shall operate the plant in full compliance with all air quality standards as are or may be established by the APCD. If the monitoring stations indicate the standards are being exceeded at any time, SDG&E shall comply with all directions of APCD to reduce, through any reasonable means, pollutants from the plant. (L) In the event SDG&E files for a variance or other form of administrative or legal relief from the requirements of APCD, they shall concurrently forward a copy of any such filing, or any subsequent communications in connection therewith, to the City of Carlsbad. 15. In addition to the above conditions, the revised portions of the specific plan which permits the construction of water treatment facilities and a maintenance building shall be accomplished in accord with the revised specific plan SP-144(C) and the plot plan marked Exhibit A, dated January 31, 1977, attached hereto and made a part hereof, and shall be subject to the following conditions: A. The water treatment ponds shall be constructed and maintained to the following standards to minimize the likelihood of the ponds serving as mosquito breeding sources: 1. Confine standing water impoundment to as small an area as possible. 2. All pond areas shall be lined with a nonporous material acceptable to the City Engineer. 3. Maintain a removal program of dense aquatic vegetation, such as cattails, bulrush, tule, pondweed, etc. 4. Maintain a mosquito fish (Gambusia affinis) population, as necessary. 13 5. Maintain routine (weekly) inspections of water impoundments to detect mosquito breeding. 6. Abate any mosquito breeding, as it is detected. B. Prior to the issuance of building permits for the maintenance building, the applicant shall submit a plot plan to the Planning Director for review and approval showing which existing shops and storage activities are to be removed and consolidated into the new structure. Standards and criteria by which development will proceed at the Encina Power Station are set forth in PDP 00-02 (B) (adopted concurrently with Specific Plan amendment 144(HJ) and are hereby incorporated into this document by reference. The P-U zoning district, Zoning Ordinance Chapter 21.36, is the primary source of the standards and conditions established within PDP 00-02 (B). Other standards and conditions in PDP 00-02 (B) originate from related regulations and documents discussed in Chapter III of PDP 00-02 (B). As described in PDP 00-02 (B), aAny future formal amendments to PDP 00-02 (B) will be incorporated into the Specific Plan 144 but and will not require an amendment to this Specific Plan unless the amendments are considered “major amendments” as described in PDP 00-02 (B). Other land use regulations applicable to Specific Plan 144 include the following: The Agua Hedionda Land Use Plan. Specific Plan 144 is entirely within the boundaries of the Agua Hedionda Land Use Plan, which is part of the City’s Local Coastal Program, The South Carlsbad Coastal Redevelopment Plan (SCCRP). The SCCRP encompasses within its boundaries the western half of Specific Plan 144, including a portion of the agricultural land east of I-5 and the majority of the area west of I-5 (including the Encina Power Station). Furthermore, Specific Plan requirements shall not be required of, or applied to, uses regulated by the California Public Utilities Commission (CPUC). 14 IV. IMPLEMENTATION Specific Plan 144H 144J authorizes no new development in the Specific Plan area over and above that allowed by Precise Development Plan 00-02 (B). The City of Carlsbad has instituted zoning regulations for the area covered by Specific Plan 144H144J. In the future, any amendment to the Carlsbad Zoning Ordinance affecting an area covered by this Specific Plan will require zoning to be consistent with this Specific Plan per Government Code section 65455. V. RELATIONSHIP TO THE GENERAL PLAN The Specific Plan 144H 144J incorporates the Carlsbad General Plan land use designations for the area covered by Specific Plan 144H144J. The Specific Plan is therefore consistent with the General Plan as shown in Exhibit B attached to this document. It should be noted that zoning of certain areas covered by Specific Plan 144H 144J is not consistent with General Plan land use designations shown in Exhibit C attached to this document. The General Plan for the City of Carlsbad designates the land contained in the Specific Plan 144H 144J area as RH “Residential High Density,” U “Public Utility,” OS “Open Space,” and T-R “Travel/Recreation Commercial.” The Encina Power Station is designated U and the majority of the remaining Specific Plan area is designated OS. The General Plan states that the Utility designation’s “primary functions include such things as the generation of electrical energy, treatment of waste water, and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community.” The Specific Plan provides regulations for the development of the Encina Power Station which provides “generation of electrical energy,” and incorporates the PDP 00-02 (B). The PDP serves as a permit for the Carlsbad Seawater Desalination Project, which would provide “primary utility functions designed to serve all or a substantial portion of the community,” by augmenting potable drinking water supplies for the City of Carlsbad. Thus, the power station and desalination plant are uses consistent with the provisions of the General Plan. Other than the desalination plant, Specific Plan 144(HJ) authorizes no additional development. Additional areas covered by Specific Plan 144HJ include the Agua Hedionda Lagoon, property along the north shore of the lagoon and west of 15 Interstate 5, agricultural area East of the I-5 freeway along the lagoon’s south shore, and wetland and upland areas at the east end of the lagoon on either side of Cannon Road. The majority of these additional areas is designated Open Space. The specific plan does not provide for any new development to occur in these areas, which besides Open Space are designated as Travel/Recreation Commercial, and Residential High Density. In doing so, the Specific Plan maintains consistency with and enables implementation of the goals of the Land Use and Open Space Elements of the Carlsbad General Plan.