HomeMy WebLinkAbout2011-12-13; City Council; 20760; AMEND ENCINA POWER STATION DEVELOPMENT PLANCITY OF CARLSBAD - AGENDA BILL
AB# 20,760 AMEND THE ENCINA POWER STATION PRECISE
DEVELOPMENT PLAN PDP 00-02 AND ADOPT
SPECIFIC PLAN AMENDMENT 144(L) TO
DEPT. DIRECTOR ^
MTG. 12/13/11
AMEND THE ENCINA POWER STATION PRECISE
DEVELOPMENT PLAN PDP 00-02 AND ADOPT
SPECIFIC PLAN AMENDMENT 144(L) TO CITY ATTORNEY ( y
DEPT. Clerk APPROVE THE SEWER LIFT STATION, FORCE
MAIN AND GRAVITY SEWER REPLACEMENT
PROJECT
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-167. amending the Encina Power Station Precise Development Plan, PDP 00-02, to
approve the Sewer Lift Station and associated piping (SLS) proposed at the Encina Power Station (EPS), 4600
Carlsbad Boulevard, Carlsbad; and.
Adopt Ordinance No. CS-168, adopting Specific Plan Amendment 144(L) to incorporate amended Precise
Development Plan 00-02(C) for the Encina Power Station, Sewer Lift Station and associated piping.
ITEM EXPLANATION:
Ordinance Nos. CS-167 and CS-168 were introduced and first read at the City Council meeting held on
December 6, 2011. The second reading allows the City Council to adopt the ordinances which will become
effective thirty days after adoption. The City Clerk will have the ordinances published within fifteen days, if
adopted.
FISCAL IMPACT:
See AB #20,751 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were
prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period
on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result,
additional mitigation measures were added or amended from the previously circulated EIA Part 2
document and incorporated into the Conditions of Approval in order to reduce identified environmental
impacts to a level of insignificance.
According to CEQA Section 15073.5(b)(1), if "a new, avoidable significant effect is identified and
mitigation measures or project revisions must be added in order to reduce the effect to insignificance,"
then the document must be re-circulated. Therefore, the Planning Director issued a Notice of Intent to
adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers.
County of San Diego, and the State Clearinghouse for a 30-day public review and comment period (July
23, 2011 - August 22, 2011). Three comment letters were received and were included, along with staffs
responses, as part of Planning Commission Resolution No. 6816, recommending adoption of
MND/MMRP. ^See AB #20, 751).
EXHIBITS:
1. Ordinance No. CS-167.
2. Ordinance No. CS-168.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz(a).carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER - SEE MINUTES •
1 ORDINANCE NO. CS-167
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER
3 STATION PRECISE DEVELOPMENT PLAN PDP 00-02 TO
APPROVE THE SEWER LIFT STATION AND ASSOCIATED
4 PIPING (SLS) PROPOSED AT THE ENCINA POWER STATION
(EPS), 4600 CARLSBAD BOULEVARD, IN LOCAL FACILITIES
5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF
CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE
5.
7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
8 REPLACEMENT PROJECT
CASE NO: PDP 00-02(0
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WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to approve an amendment to the Encina Power Station Precise
Development Plan, PDP 00-02, via application Precise Development Permit 00-02(C); and
WHEREAS, the amendment is proposed to approve the SLS; and
WHEREAS, changes proposed to the PDP 00-02 makes only minor text and
graphic changes to the Precise Development Plan document, which are shown in back-shaded
strikothrough to indicate words to be deleted and in back-shaded underline to indicate words to
be added; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said PDP 00-02(0) be approved;
and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to
consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission
Resolution No. 6817, recommending approval of Precise Development Plan PDP 00-02(C); and
WHEREAS, the City Council did on the 6- day of December 2011, hold a dully
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, said application constitutes a request for a precise development plan
amendment consistent with Chapter 21.36 of the Municipal Code as shown and described in the
1 "Encina Power Station Precise Development Plan PDP 00-02(C)" document, dated October 5,
2 2011 as Exhibit "X," and incorporated herein by reference and on file in the Planning
3 Department; and
4 WHEREAS, at said public hearing, upon heahng and considering all testimony
5 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
6 relating to the Precise Development Plan Amendment.
7 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
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follows:
SECTION I: That the above recitations are true and correct.
SECTION II: That Precise Development Plan PDP 00-02(C), dated October 5,
2011, on file in the Planning Department, and incorporated herein by reference, is approved.
PDP 00-02(C) shall constitute the development plan for the property and all development within
the plan area shall conform to the plan.
SECTION III: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6817 shall constitute the findings and conditions of the
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 6"^ day of December, 2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: None.
ABSENT: Council Member Douglas.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
D R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
ORRAINE M. WOOD, City Clerk
(SEAL)
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1 ORDINANCE NO. CS-167
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER
3 STATION PRECISE DEVELOPMENT PLAN PDP 00-02 TO
APPROVE THE SEWER LIFT STATION AND ASSOCIATED
4 PIPING (SLS) PROPOSED AT THE ENCINA POWER STATION
(EPS), 4600 CARLSBAD BOULEVARD, IN LOCAL FACILITIES
5 MANAGEMENT ZONES 1 AND 3 AND GENERALLY NORTH OF
CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
6 EAST OF THE PACIFIC OCEAN, AND WEST OF INTERSTATE
5.
7 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
FORCE MAIN, AND GRAVITY SEWER
8 REPLACEMENT PROJECT
CASE NO: PDP 00-02(C)
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24 Resolution No. 6817, recommending approval of Precise Development Plan PDP 00-02(C); and
25 WHEREAS, the City Council did on the 6- day of December 2011, hold a dully
2^ noticed public hearing as prescribed by law to consider said request; and
2y WHEREAS, said application constitutes a request for a precise development plan
2g amendment consistent with Chapter 21.36 of the Municipal Code as shown and described in the
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to approve an amendment to the Encina Power Station Precise
Development Plan, PDP 00-02, via application Precise Development Permit 00-02(C); and
WHEREAS, the amendment is proposed to approve the SLS; and
WHEREAS, changes proposed to the PDP 00-02 makes only minor text and
graphic changes to the Precise Development Plan document, which are shown in back-shaded
strikethrough to indicate words to be deleted and in back-shaded underline to indicate words to
be added; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said PDP 00-02(C) be approved;
and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on October 5, 2011, hold a duly noticed public hearing as prescribed by law to
consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission
1 "Encina Power Station Precise Development Plan PDP 00-02(C)" document, dated October 5,
2 2011 as Exhibit "X," and incorporated herein by reference and on file in the Planning
3 Department; and
4 WHEREAS, at said public hearing, upon hearing and considering all testimony
5 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
6 relating to the Precise Development Plan Amendment.
7 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
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follows:
SECTION I: That the above recitations are true and correct.
SECTION II: That Precise Development Plan PDP 00-02(C), dated October 5,
2011, on file in the Planning Department, and incorporated herein by reference, is approved.
PDP 00-02(C) shall constitute the development plan for the property and all development within
the plan area shall conform to the plan.
SECTION III: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6817 shall constitute the findings and conditions of the
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 6* day of December, 2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of December, 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn and Packard.
NOES: None.
ABSENT: Council Member Douglas.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
R. BALL, City Attorney
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)