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Home My WebLink About1976-03-24; Planning Commission; MinutesCITY OF CARLdAD MEETING OF : PLANNING COMMISSION DATE : March 24, 1976 TIME : 7:30 P.M. PLACE : COUNCIL CHAMBERS CALL TO ORDER - The meeting was called to order at 7:30 P.M. ROLL CALL - All Present. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Minutes of February 25, 1976 - Approved with following change on page 3, third paragraph 3, "There is no Thrift Store at the church and fellowship groups meet throughout the week." Minutes of March 10, 1976 - Approved with Reso- lution ot Appreciation *or Dr. Packard motion to' be changed from Dominguez to Jose. APPROVAL OF RESOLUTIONS Resolution No. 1221, (V-258), Michael.Straub .. Resolution No. 1222, (ZCA-70), Residential. Care Facilities Resolution No. 1223, Resolution of Commendation ; WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS. -_ None PUBLIC HEARINGS . By Minute Motion the following items were continued till Wednesday, March 31, 1976 at 7:30 P.M. Case No. CT 76-2, Carlsbad Development Corporation - Request for approval of a 70-lot tentative subdivisio, map, .Case Nos. @PA-38jEIR-307, La Costa Land Company - Request for certification of an Environmental Impact Report and approval of a General Plan Amendment ~ . (Land.Use and Circulation Elements) to provide for a future Master Plan Amendment. Case No. GPA-39, Land Use Element Goals Public Works Proiects and Sewer Easement Acquisition Case No. CUP-lOl(A), Bank of America - Status Report. Case No.- SP-l44(B), SDGScE - Request for approval of an amendment to a Specific Plan (SP-144) to permit the,construction of a 400-foot single stack,to replac the four existing stacks at the Encina Power Plant: The Chairman stated that this was a.continued public hearing: from January 28; 1976. He requested that all comments be directed to the new testimony that will be presented this evening. Planning Director Donald Agatep gave the staff report listing: those items which the Commission requested the stiff to gather information about (they -are listed and discussed in the staff report). Present. Mot ion Ayes Abstain Mot ion Ayes Abstain Mot ion Ayes €40 t ion Ayes Mot ion Ayes . Motion Ayes - - X X X X x s 8 X \ CITY OF CARLL~AD MEETING OF : 9LANNING COMMISSION DATE : March 24, 1976 TIME : 7:30 P.M. PLACE : COUNCIL CHAMBERS Pape 7 Sl-ides were then shown of the M0s.s Landing Power Plant in Monterey County. Amended and substitute conditions were then passed out to the Commission regarding Conditions Nos. 7, 9, 11 and 12. Mr. Richard Baldwin, Division Chief, Air Pollution Control District's Division of Surveillance and En- forcement gave a report (copy in file) in which APCD has concluded that the power plant is responsible for some property damage due to staining and acid corros- ion and that SDG&E concurred with the results of th.e study. SDG&E is to conduct a comprehensive study of the formation of these pollutants. .. Robert Lacy, Manager, Mechanical Engineering Dept. ' of SDG&E - discucsed two items 1) the need for the 400 stack and 2) the fallout problem in the Terramar area. He stated that two studies had been conducted - one by the San Diego Air Pollution Control District as"discussed by Mr. Baldwin and one by the Stanford Research Institute. Both studies said that SDG&E . was responsible for the rust like spots and SDG&E has agreed to take corrective measures and to resolve with the residents any damage claims which wer.e the result.of plant operation. ~ Dr. Edward Liston of Stanford Research Institute gave' a report and slide presentation regarding the SRI study. (copy of this report in file). The report. recommended that SDWE proceed w.ith the construction of the 400-foot stack and with a program to determine the best method of eliminating the.problem of the large particles. Jack Thomas, Vice President of.Power Plant Engineer- ing and Construction of: SDG&E - told the Commission that his main purpose in appearing before the Com- mission was to tell them that SDG&E is determined and committed to solve the fallout problems in the Carls- bad area.(see letter in file to Mr. Paul Bussey, City Manager, dated March 12, 1976). He also told the .Commission there were three advantages in building- Encina 5 and the stack - 1) more effixient plant that reduces the total amount of.fue1 oil consumed (approx 600,000 barrels per year) 2) Total stack emissions in the San Diego Air Basin will be reduced because of a more efficitnt plant 3) Project will reduce ground level concentrations of material. John Mamaux, 1393 Basswood Avenue, Carl-sbad asked. that the Commission support Encina 5 and the stack, but that a condition be added that would'require SDG&E.to paint the oil tanks in pastel colors. Claude Agas, carpenter, spoke on behalf of the construction workers in this area and that the con- struction of Encina 5 and the stack would increase the number of construction jobs in this area. 9:15 P.M. - Break 9:30 P.M. - Meeting resumed with all members of the Commission present. .. .,. .* .. . .. . CITY OF CARLdAD MEETING OF: PLANNING COMMISSION DATE : March 24, 1976 TIME : 7:30 P.M. PLACE : COUNCIL CHAMBERS , Page 3 Donna Flanders, 2168 Chestnut Avenue, Carlsbad - askec that-the Commission deny this application tor the rea- sons outlined in her letter of,March 17, 1976 (copy in file). She also gave additional reasons for denial which she stated were documented. Joan Jackson, 1120 Chinq-uapin, Carlsbad - representing Carlsbad Community Cause stated that no one had , specifically mentioned the health hazards of the fall- out. She has been in contact with Dr. Richard Nerliss of 880 Wilshire Blvd., L.A., a recognized expert on air pollution caused diseases.(author of "The Lung Injured Workman"). She asked that the hearing be con- tinued for at least two weeks as Dr. Merliss needed that time to study the recent reports in order to .. testify. The following individuals also spoke in opposition to the construction of the stack: Dr.. John E. Wenrick, 6525 Camino Del Parque, Carlsbad, .John-Fairweather, 810 Caminito Del Sol, Carlsbad, Lloyd von Haden, 2089 Foothill Drive, Vista, Lois Bonser, 5219 El 'Arbol, Carlsbad, representingthe League oi Women Voters of San Dieguito, Lew Pritten, -330 Chinquapin, Carlsbad, George Flanders, 2168 Chest- nut Avenue, Carlsbad, John Miller, 1515 Tierra Del Oro, Carlsbad, Mark Nelson, 3831 Margaret Flay, Carls- bad, Gene Jackson, 1120 Chinquapin, Carlsbad, and Sarah F. Todd, 3365 Donna Drive, Carlsbad (copy of 3/24/76 letter in tile). Discussion then took place between the Commissioners, Staff and representatives of SDG&E regarding the conditions, when construction of the stack and Encina 5 would commence, etc. The Commission decided to categorically consider the revisions and/or substitutions of each condition and the following motions were made: A minute motion was made to substitute the following Condition #7 for Condition #7 in the Staff Report: "Should the Air Pollution Control Officer of the San Diego County Air Pollution Control District require additional monitoring equipment and funds for air qual. ity analysis in connection with their current study of shall supply said equipment and funds as deemed ne.ces- sary by the Air Pollution Control Officer. The cost oj said equipment shall not exceed $150,000. The request. ed funds for air quality analysis shall not exceed $50,000 per year. A minute motion was made that C.ondition #9 read as follows:' "The City will obtain a report of compliance from the City staff and the San Diego County Air Pol- lution Control Officer on or before five years as deemed necessary by City.Counci1, Planning Commission or stafr. The Planning Commission and City Council shall review the report with regard to conformance to the conditions of this Specific Plan and to regula- tions required by other applicable regulatory agencies i.e. San Diego County Air Pollution Control District, Public Utilities Commission, State Coastal Commission, etc. The City reserves the right to amend this Specific Plan (SP-144B) as necessary to add conditions to insure such compliance. I!.- 'emissions from the Encina Power Plant, the applicant Mot ion Ayes Mot ion Ayes CITY OF CARLdAD MEETING OF: PLANNING CONNISSION DATE : March 24, 1976 TINE : 7:30 P.M. PLACE : COUNCIL CHAMBERS Page 4 A minute motion was made that Condition #11 should read as follows: "The applicant shall make a formal commitment to conduct the studies necessary to deter- mine 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 Polluti,on Control District Officer, the Air Pollution Control District Hearing Board or Court of Law. Upon completion of the studies applicant will, within 60 days, submit to the Air Pollution Control Officer or the Air Pollution Control District Hearing Board a compliance schedule, includ- ing such operating practices and/or emissions control' devices to be used in the Encina Power Plant as are necessary to .eliminate the fallout damage and a time schedule for their use. Applicant will further con- sent to the entry of an abatement order incorporating . the compliance schedule which abatement order may be enforceable by the Air Pollution Control District Hear- ing Board or the Superior Court." '"The"app1icant 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 Air -Pollution Control Officer prior to the final building permit clearance €or Encina 115 and the single stack. If this require- ment cannot be met, the City Council may extend the time..limit for compliance without further amendments to the Specific Plan." A minute motion was made to add the following Conditior #12: "Prior to the Building Inspector signing the fin2 inspection for the 400 ft. stack, the four stacks on the existing Encina Power Plant shall be completely re- moved. '' A minute motion was made that Condition Sf4 should read as follows: "Compliance with and execution of all conditions listed here shall be necessary, unless othel wise specified, prior to obtaining final building in- spection clearance. Deviation from this requirement shall be permitted only by written consent of the Planning Director and Planning Commission." A motion was made that SP-144B be approved based upon the conditions outlined in the staff report with the changes as listed above and that the findings should 'read as follows: (1) All conditions of City Council Ordinance 9279 hav been complied with and this amendment is consistent with said ordinance and the provisions of the P-U zone (2) The stack is necessary to provide an effective method of dispersing the.emissi.ons of the Encina Power Plant as required by the State Air Reaources Board and will improve the overall quality of air in this area. (3) SDG&E .has indicated that some of the corrosion damage, "fallout", in the vicinity of the San Diego Gas G Electric Company Encina Power Plant (more specifically the Terramar Area) is pr.obably started or caused by particles from the Encina Plant. SDG&E has further stated that they wi.11 meet with the indivi Terramar residents to resolve the damage claims and Mot ion Ayes Mot ion Ayes Mot ion Ayes i i . ' CITY OF CARLdAD MEETZNG OF : PLANNING COINISSION DATE : Plarch 24, 1976 TIME : 7:30 P.M. PLACE : COUNCIL CHAMBERS Page 5 that they are also working with San Diego County APCD staff to (a)'develop a work program, and.(b) design an agreement or affidavit that will assure the City and County that necessary corrective actionwill be taken by the Company. Said problem exists now and will be resolved prior to use of Encina #5 and the stack. (4) The actions and findings in support thereof made by the Public Utilities Commission and State Commission are correct, are supported by the evidence and adopted by this Commission and their conditions of approval taken together with the conditions recommended by this resolution adequately ,mitigate any adverse effects of the pro j ect . (5) The needs of the San Diego regional area for . . adequate supplies of electrical power necessiate approv a1 of this application." Case No. ZC-174, Russell Grosse - Request for change of zone from R-A-10,000 to R-1-2k Acres. .. . A motion was made to continue this case till 3/31/?6 . as the applicant.was not present. ' Case No. CT 76-1, Marvin Humphreys - Request for the approval. of a 5-lot subdivision. Assistant Planning Director Bud Plender gave the staff.report and a memorandum was given to'each Commissioner discussing density ranges and information regarding residential guidelines. Harry Truax, 4125 Harbor Drive, Carlsbad - represent- ing the applicant told the Commission that they agreed to all conditions as outlined in the staff report. A motion was made recommending approval of CT 76-1 for the reasons and conditions outlined in the staff report and that the memorandum of 3/24/76 be affixed .to the staff report. ADJOURNMENT The meeting was adjourned at 12:15 a.m. till the meeting of March 31, 1976 at 7:30 p.m.' . /mdp (4/9/76) ilo t ion JY e S. Hot ion Ayes Mot ion Ayes Not ion Ayes - - X X X X X X X