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2006-06-13; City Council; 18602 Exhibit 7; Precise Development Plan and Desalination Plant
EXHIBIT 7 1 PLANNING COMMISSION RESOLUTION NO. 6087 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATON OF AN ENVIRONMENTAL IMPACT 4 REPORT AND ADOPTION OF CANDIDATE FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS, 5 AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PRECISE DEVELOPMENT PLAN AND 6 DESALINATION PLANT PROJECT, WHICH AFFECTS PROPERTIES AND STREETS IN THE CITIES OF 7 CARLSBAD, OCEANSIDE, AND VISTA. CASE NAME: PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT 9 CASE NO: EIR 03-05 10 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a 11 verified application with the City of Carlsbad regarding property owned by various owners, 12 "Owners", described as 13 o The Encina Power Station, located north of Cannon Road and 14 west of Interstate 5 in the City of Carlsbad at 4600 Carlsbad Boulevard. The desalination plant and some appurtenant 15 facilities are proposed on the grounds of the Power Station; and Streets and properties within the boundaries of the Encina 16 Specific Plan, which encompasses approximately 680 acres around Agua Hedionda Lagoon, including the Encina Power Station, proposed desalination plant and some appurtenant facilities, all in the City of Carlsbad; and Various streets and properties in an area generally bordered by and including Cannon Road, College Boulevard, Mesa Road, Santa Fe Road, Melrose Drive, Faraday Avenue, and Palomar 20 Airport Road within the cities of Carlsbad, Oceanside, and Vista in which desalination water conveyance pipelines and a 21 pump station are proposed. 22 ("the Property"); and; 23 WHEREAS, an Environmental Impact Report - EIR 03-05 was prepared in 24 conjunction with the Precise Development Plan and Desalination Plant project ("Project") in 25 compliance with the California Environmental Quality Act (CEQA); and 26 27 28 1 WHEREAS the Planning Commission did on the 3rd day of May 2006 hold a duly noticed r\public hearing as prescribed by law to consider said request; and 3 WHEREAS, the Final Environmental Impact Report (Final EIR) was presented to 4 the Planning Commission, and the Planning Commission reviewed and considered the 5 information contained in the Final EIR prior to approving the Project; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Final EIR, Candidate Findings of Fact, Statement ofo 9 Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing 10 the information submitted by City staff, and considering any written and oral comments 11 received, the Planning Commission considered all factors relating to the Final EIR. 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission as follows: 14 A) That the foregoing recitals are true and correct; 15 B) That the Final EIR consists of EIR 03-05, dated December 2005, appendices, 16 written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses 17 thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Department incorporated by this reference, and collectively referred to as 19 the "Report." 20 C) That the Final EIR, EIR 03-05, as so amended and evaluated, is recommended for acceptance and certification as the FEIR, and that the FEIR as recommended is 21 adequate and provides reasonable information on the Project and all reasonable and feasible alternatives thereto, including the "No Project" alternative. 22 D) That based on the evidence presented at the public hearing, the Planning 23 Commission hereby RECOMMENDS CERTIFICATION of the Final EIR, 24 EIR 03-05, and RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA" Findings); the Statement of Overriding Considerations 25 ("Statement"), attached hereto marked as Exhibit "EIR-A" and incorporated by this reference; and the Mitigation Monitoring and 26 Reporting Program ("Program"), attached hereto marked as Exhibit "EIR-B" and incorporated by this reference; based on the following findings 27 28 PC RESO NO. 6087 -2- 1 that are supported by substantial evidence in the Record and subject to the following condition. ~ Findings; 4 1. The Planning Commission does hereby find that the Final EIR 03-05, the CEQA 5 Findings, the Program, and the Statement have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and 6 the Environmental Review Procedures of the City of Carlsbad. ' 2. The Planning Commission has reviewed, analyzed, and considered Final EIR 03-05, the environmental impacts therein identified for this Project, the CEQA Findings, the Statement, and the Program prior to RECOMMENDING APPROVAL of the Project, and they reflect the independent judgment of the City of Carlsbad Planning Commission. 10 3. The Planning Commission does accept as its own, incorporate as if set forth in full 11 herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of Project alternatives. 13 4. The Planning Commission hereby finds that the Program is designed to ensure that during Project implementation and operation the Developer and any other responsible parties implement the Project components and comply with the feasible mitigation 15 measures identified in the CEQA Findings and the Program. 16 5. Although certain significant or potentially significant environmental effects caused by the Project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. 19 6. The Record of Proceedings for this Project consists of the Report, CEQA Findings, 20 Statement, and Program; the "Record" upon which the Planning Commission bases these CEQA Findings and its actions and determinations regarding the Project includes, 21 but is not limited to, the Draft EIR, together with all appendices and technical reports referred to therein, whether separately bound or not; all reports, letters, applications, 22 memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, Project applicant, or others presented to or before the decision-makers as determined by the City Clerk; all letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; all minutes of any 25 public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; any letters, reports, or other 26 documents or other evidence submitted into the record at any public workshops, meeting, or hearings; matters of common general knowledge to the City that the City may 27 consider, including applicable State or local laws, ordinances, and policies, the General 28 PC RESO NO. 6087 -3- 2)4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plan, Zoning Ordinance, Local Facilities Management Plans, and. all applicable planning programs and policies of the City; and, all findings and resolutions adopted by the City in connection with the Project, including all documents cited or referred to therein. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, and the Planning Director, 1635 Faraday Avenue, both in Carlsbad, CA 92008. Condition: 1. The Developer shall implement the mitigation measures described in Exhibit EIR-B, the Program, for the mitigation measures and monitoring programs applicable to development and operation of the Precise Development Plan and Desalination Plant project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the following vote, to wit: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton AYES: NOES: ABSENT: ABSTAIN: • Commissioner Dominguez MARTELL B. MONTGOMERYJ^Bairperson CARLSBAD PLANNING COMMISSION ATTEST:/ MARCELA ESCOBAR-ECK Plalining Director PC RESO NO. 6087 -4- EXHIBIT "EIR-A" CITY OF CARLSBAD RESOLUTION NO. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE 521081 CEQA GUIDELINES 315091) and STATEMENT OF OVERRIDING CONSIDERATIONS (CEQA GUIDELINES 515093) for the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 03-05) PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT (SCH No. 2004041081) Findings of Fact 1.1 INTRODUCTION The Final Environmental Impact Report (FEIR) has been prepared pursuant to the California Environmental Quality Act (CEQA) to address the potential environmental effects of the Precise Development Plan and Desalination Plant ("Project") and considered by the City Council of the City of Carlsbad (City) in connection with its public consideration of requested approvals for the Project. The full scope of the Project and associated approvals are described in more detail in Section 1.2 below. The Project consists of a Precise Development Plan (POP) and other permits and actions to: 1) establish general planning policies and development standards for the Encina Power Station (EPS); and 2) obtain land use approvals to construct and operate an approximately 50 million gallon per day (mgd) Carlsbad Seawater Desalination Plant (Desalination Plant) and other appurtenant and ancillary water and support facilities to produce and distribute potable water. The FEIR and its separately bound technical appendices are incorporated herein by reference as though fully set forth. The following statement of facts and findings ("Findings") has been prepared in accordance with CEQA, for use by the City in connection with its actions as Lead Agency for the Project. 1.1.1 Definitions As used in this document: (1) "AFY" means acre feet per year. (2) "Applicant" means Poseidon Resources (Channelside) LLC - the applicant for the Desalination Plant. (3) "BMP" means Best Management Practices. (4) "Cabrillo" means Cabrillo Power I LLC, owner of the EPS and joint applicant with Poseidon Resources (Channelside) LLC for the PDF. (5) "CDFG" means the California Department of Fish and Game. (6) "CEQA" means the California Environmental Quality Act. (7) "City" means the City of Carlsbad. (8) "CMWD" means the Carlsbad Municipal Water District (9) "CNPS" means the California Native Plant Society.t (10) "CWA" means the San Diego County Water Authority. (11) "Desalination Plant" means the Carlsbad Seawater Desalination Plant, a facility that will produce approximately 50 mgd of potable water on an approximately 4-acre site within the PDF area. CEQA Findings of Fact 2 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant fj \ "1 Findings of Fact (12) "EIR" means Environmental Impact Report. (13) "EPS" means Encina Power Station. (14) "EWPCF" means Encina Water Pollution Control Facility. (15) "FEIR" or "Final EIR" means Final Environmental Impact Report dated December 2005. (16) "GPD" means gallons per day. (17) "GPM" means gallons per minute. (18) "MAF" means million acre feet. (19) "MOD" means millions of gallons per day. (20) "MHCP" means Multiple Habitat Conservation Plan. (21) "MMRP" means Mitigation Monitoring and Reporting Program. (22) "MWD" means Metropolitan Water District. (23) "NOP" means Notice of Preparation. (24) "On-site Facilities" means Desalination Plant appurtenant and ancillary water and support facilities that assist in the production and distribution of potable water and that are located within the PDF area. On-site facilities include facilities such as the intake pump station and pipeline, concentrate return pipeline, sewer connection, backwash water treatment facility, electrical transformers, substation, electrical transmission lines, road improvements, and product water pipeline. (25) "Off-site Facilities" means Desalination Plant appurtenant and ancillary water and support facilities that distribute potable water and that are located outside of the PDP area. Off-site facilities include pipelines and a pump station. (26) "Planning Director" means the Planning Director, or his or her designee, of the City of Carlsbad or the,Planning Director or other appropriate position of another Public Agency. (27) "Public Agency" means a government agency such as the City of Carlsbad. (28) "PDP" means Precise Development Plan covering the area comprising approximately 95 acres and encompassing the EPS and its related facilities, and the Desalination Plant and its related On-site facilities. (29) "Poseidon" means Poseidon Resources (Channelside) LLC. CEQA Findings of Fact 3 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDP and Desalination Plant 7 I ^ Findings of Fact (30) "Project" means the Precise Development Plan and Desalination Plant project, as described in Section 3.0 of the Final EIR, pages 3-1 through 3-33, and as summarized in Section 1.2 of these Findings.- (31) "QSA" means the Quantification Settlement Agreement, which includes a number of agreements among various federal and state agencies to provide a means for California to stay within its annual allocation of Colorado River water. (32) "SCAQMD" means the South Coast Air Quality Management District. (33) "SDAPCD" means the San Diego Air Pollution Control District. (34) "SUSMP" means Standard Urban Storm Water Mitigation Plan. (35) "SWMP" means Storm Water Management Plan. (36) "SWPPP" means Storm Water Pollution Prevention Plan. (37) "IDS" means Total Dissolved Solids. (38) "UBC" means Uniform Building Code. (39) "USFWS" means the United States Fish and Wildlife Service. (40) "ZID" means Zone of Initial Dilution. Any terms not defined herein shall have the same meanings ascribed to them in the Final EIR. 1.1.2 Record (1) The "Record" upon which the City Council bases these CEQA Findings and its actions and determinations regarding the Project includes, but is not limited to, the following: (2) The Draft EIR and Final EIR for the Project, together with all appendices and technical reports referred to therein, whether separately bound or not; (3) All reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, project applicant, or others presented to or before the decision-makers as determined by the City Clerk; (4) All letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City's environmental analysis on the Project; (5) All minutes of any public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcripts/videotapes thereof; CEQA Findings of Fact 4 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant . *?••• Findings of Fact (6) Any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; (7) Matters of common general knowledge to the City that the City may consider, including applicable State or local laws, ordinances, and policies, the General Plan and all applicable planning programs and policies of the City; and, (8) All findings and resolutions adopted by the City in connection with the Project, including these Findings and the Statement of Overriding Considerations, and all documents cited or referred to therein. The custodian of the full administrative record shall be the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, and the Planning Director, 1635 Faraday Avenue, also in Carlsbad. The City Council received, reviewed, and considered all of the information and documents in the record. 1.1.3 Overview of Project Impacts and CEQA Findings The Final EIR assesses the potentially significant impacts of the Project and identifies the following categories of impacts: (1) Potential impacts that would be "less than significant"; (2) Potential impacts that would be mitigated to a level that is "less than significant with the implementation of mitigation measures identified in the Final EIR"; and (3) Potential impacts that would be "significant and immitigable" because they could not be reduced to a less than significant level with the implementation of mitigation measures. City is acting as the Lead Agency for the Project under CEQA. As the Lead Agency, City is responsible for making certain written Findings related to the Project prior to approval of the Project. Pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091 and 150;96(h), for each significant Project impact identified in the Final EIR [i.e., categories (2) and (3) above], the City must make one or more of the following Findings: (1) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency (other than the City), and such changes have been, or can and should be, adopted by such other agency. CEQA Findings of Fact 5 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant *? 2 0/—*"-. Findings of Fact (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors" [CEQA § 21061.1]. The CEQA Guidelines adds "legal" considerations as an additional factor in determining feasibility [CEQA Guidelines § 15364]. In addition, if the Finding in (3) above is made with respect to any significant Project impact, the City must make a Finding, based upon substantial evidence in the record, that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment [CEQA §§ 2108l(b), 20181.5; CEQA Guidelines § 15093]. The Findings set forth in this document have been prepared pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091, 15092, 15093 and 15097 to address the environmental effects of the Project set forth in the Final EIR as modified. 1.1.4 Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program ("MMRP") has been prepared and will be adopted as part of the conditions of approval for the Project, pursuant to CEQA Section 21081.6 and CEQA Guidelines Section 15097. A copy of the MMRP is included as Exhibit B to this Resolution and incorporated herein by this reference. 1.2 PROJECT DESCRIPTION 1.2.1 Project Location The Desalination Plant and On-site Facilities will be located adjacent to the existing EPS located immediately south of the Agua Hedionda Lagoon, within the City of Carlsbad. The EPS and all properties included in the PDP are located at 4600 Carlsbad Boulevard, along the southern edge of the Agua Hedionda Lagoon on the Pacific Ocean. The facilities owned by Cabrillo Power I LLC (Cabrillo) within the PDP area occupy approximately 95 acres of land, generally bounded by SDG&E property on the south, the Pacific Ocean and Carlsbad Boulevard on the west, Interstate 5 on the east, and the southern shore of the outer and middle basins of the Agua Hedionda Lagoon on the north. The Desalination Plant will occupy an approximately 4-acre parcel in the area currently containing Fuel Oil Tank #3, which is the southernmost of three large fuel oil storage tanks nearest Carlsbad Boulevard. The fuel oil tank will be demolished/to accommodate the desalination facility. Construction of the Desalination Plant will be limited to this 4-acre parcel. Associated offsite improvements will be constructed outside of the area covered by the PDP. The North County Transit District (NCTD) railway bisects the power plant north to south just east of the Desalination Plant. Primary access to the site is provided from Carlsbad Boulevard via the Cannon Road interchange at Interstate 5. CEQA Findings of Fact 6 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDP and Desalination Plant /? Z~! Findings of Fact The Final EIR also evaluated potential environmental effects associated with the offsite water delivery infrastructure (Off-site Facilities) associated with the Desalination Plant. The Off-site Facilities primarily consist of water delivery pipelines and a pump station. The various water delivery pipeline alignment options generally follow existing and future roadways, including Cannon Road, Faraday Avenue, Avenida Encinas, Orion Street, Palmer Way, College Boulevard, Melrose Avenue, Shadowridge Drive, Sequoia Crest Drive, Lake Boulevard, Mesa Drive, Thunder Drive, and Waring Road, within the cities of Carlsbad, Oceanside and Vista. 1.2.2 Project Description Poseidon has submitted an amendment to a pending PDF application to the City to obtain land use approvals to construct and operate an approximately 50 million gallon per day (mgd) Desalination Plant. The PDP application was made jointly with Cabrillo, owner and operator of the EPS, which is adjacent to the site of the Desalination Plant. The Encina Power Station Precise Development Plan will also serve Cabrillo as a planning document that establishes existing land uses at the EPS, as well as general planning policies, review procedures, and development standards for the EPS. The PDP also serves as the primary land use approval mechanism for approval of the Desalination Plant. The PDP establishes baseline conditions for existing facilities and operations on site as well as establishes procedures for administrative approvals for future changes within the PDP area. The development standards will apply to all future onsite development, including major and minor additions and modifications. However, the Project will not modify EPS operations, and, with the exception of discharge channel and electrical connections and removal of a fuel oil storage tank, will also not modify any of the existing EPS facilities. Furthermore, with the exception of the intake pump station and pipeline, concentrate return pipeline, sewer connection, backwash water treatment facility, electrical transformers, substation, electrical transmission lines, road improvements, and product water pipeline (On-site Facilities), none of which will modify the power plant operations, construction of the Desalination Plant will be limited to the 4-acre Desalination Plant site, and to the Off-site Facilities that lie outside of the PDP boundary. The Desalination Plant will have the capacity to deliver approximately 50 MGD of Reverse Osmosis (RO) permeate (product water). From the Desalination Plant, the product water will be distributed along several pipeline routes, some proposed, some planned and some existing, to the City of Carlsbad and various local water districts as wholesale water purchasers for ultimate use and consumption by homes and businesses in Northern San Diego County. The FEIR analyzed different pipeline alignments through portions of Carlsbad, Oceanside, and Vista. 1.2.3 Project Objectives / The fundamental purposes of the Project include the following: CEQA Findings of Fact 7 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDP and Desalination Plant Findings of Fact • To provide the primary land use approval mechanism and detailed exhibits for the City's review and approval of the proposed 50 MOD Carlsbad Seawater Desalination Facility to be located adjacent to the EPS. • To establish a baseline for identifying existing facilities and operations on site for the purpose of increasing knowledge and understanding about station operations and onsite facilities. • To establish a procedure for administrative approvals that will enable the City to issue administrative permits, building permits and other ministerial permits, establish amendment procedures for the PDF, and entitlements for property owned by Cabrillo zoned P-U. • To provide development standards for the power plant. The specific objectives related to the Project and the land use applications through which it will be processed include the following: • To provide a local source of potable water to supplement imported water supplies available to the City of Carlsbad and the San Diego region. • To improve water supply reliability for the City of Carlsbad and the San Diego region. • To improve water quality for the City of Carlsbad and the surrounding communities. • To complement local and regional water conservation, and water recycling programs. • To locate and design a desalination plant in a manner that maximizes efficiency for construction and operation and minimizes environmental effects. • To increase opportunities for public access to the coastal area through public enhancements and dedications of coastal property. 1.2.4 Discretionary Actions The following discretionary actions will be required to implement the Project: City of Carlsbad Actions • Certification of a Project EIR and approval of the Encina Power Station Precise Development Plan; • An Amendment to the Encina Specific Plan No. 144 to incorporate the PDF into the specific plan; CEQA Findings of Fact 8 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact JrfS-* • A Coastal Development Permit (CDP) for the offsite Project elements located within the Coastal Zone but outside the Agua Hedionda segment of the City's Local Coastal Program; • A Floodplain Special Use Permit; • A Development Agreement • Approval of Improvement Plans • Right-of-Way Permit(s) • Encroachment Permit(s) • Easements/Acquisition of Right-of-Way • Grading Permit(s) • Haul Route Permit • Water Purchase Agreement • A Habitat Management Plan Permit • Redevelopment Permit California Coastal Commission Action • A Coastal Development Permit (CDP) for the Desalination Plant, On-site Facilities, and portion of the Off-site Facilities. This permit is necessary as the Encina Power Station and portions of the offsite elements are located in the Agua Hedionda segment of the City of Carlsbad's Local Coastal Program - a segment over which the City does not have permit authority, because jurisdiction has been retained by the California Coastal Commission. Other Agency Actions • A lease for portions of the Project that are state-owned lands under jurisdiction of the California State Lands Commission; • A Domestic Water Supply Permit from the California Department of Health Services; • A separate National Pollutant Discharge Elimination System (NPDES) Permit from the San Diego Regional Water Quality Control Board for the desalination plant; ,«•»- • An Industrial Waste Permit from the Encina Wastewater Authority • Additional review may be provided by Federal, State and regional agencies including, but not limited to: the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Oceanic & Atmospheric Administration, U.S. National Marine Fisheries Service, U.S. Army Corp of Engineers, CALTRANS, and California Department of Fish and Game; • Land use and development permits from the cities of Oceanside and/or Vista; • Right-of-Way Permit(s) from the Cities of Vista and/or Oceanside; • Encroachment Permit(s) from the Cities of Vista and/or Oceanside; CEQA Findings of Fact 9 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant **"/ -7 {,(- • Findings of Fact • Easements/Acquisition of Right-of-Way from the Cities of Vista and/or Oceanside; • Grading Permit(s) from the Cities of Vista and/or Oceanside; • Haul Route Permit from the Cities of Vista and/or Oceanside; and • Permits to connect to facilities of various local water districts. 1.3 FINDINGS REGARDING THE ENVIRONMENTAL REVIEW PROCESS City, acting as Lead Agency for the environmental review of the Project under CEQA, makes the following Findings with regard to the environmental review process undertaken to analyze potential environmental impacts of the Project. (1) In accordance with CEQA Guidelines Section 15060(d), the City determined the Project would clearly require an EIR and therefore did not prepare an Initial Study. (2) City issued its Notice of Preparation ("NOP") on April 12, 2004. The NOP was distributed to all responsible and trustee agencies, as well as other agencies and members of the public (Appendix A of the Final EIR), and was published in a local newspaper. A number of written responses were received. (3) The City held public scoping meetings on April 28, 2004, at the City's Faraday Center. Advance notice of the meetings was given in the NOP. At the scoping sessions, the public was invited to comment on the scope and content of the EIR. Oral and written comments were received at the scoping sessions. A copy of the NOP and the written comments received in response to the NOP and public scoping sessions are included in Appendix A to the Final EIR. (4) The following substantive potential impact areas were identified for the environmental impact analysis: Aesthetics Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use/Planning Noise and Vibration ' Transportation and Traffic Public Utilities and Service Systems Additionally, the Draft EIR includes other substantive sections required by CEQA such as CEQA Findings of Fact 10 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant O "? Cy Findings of Fact executive summary, project description, cumulative effects, effects found not to be significant, growth inducing effects and alternatives. (5) The Draft EIR for the Project was circulated for public review for a period of 60 days, which started on May 14, 2005 and ended on July 14, 2005. The Draft EIR was distributed to a variety of public agencies and individuals. A Notice of Completion of the Draft EIR was published in a local newspaper. The Notice included information on locations, including the City's website, where the EIR would be available to the public. (6) The City has considered, and responded to, public comments on the Draft EIR. The City determined that recirculation of the Draft EIR was not required. Responses to comments received on the Draft EIR are included in the Final EIR (Volume 2 of the Final EIR). (7) The City released the Final EIR for public review on December 9, 2005. The Final EIR was distributed to all responsible and trustee agencies as well as all agencies and members of the public that submitted written comments on the Draft EIR. The City made public the release of the EIR through an announcement on its website and in a public hearing notice for a December 21, 2005, Planning Commission meeting. The public hearing notice, published in a local newspaper, provided information on locations, including the City's website, where the Final EIR would be available to the public. The public hearing notice also provided a description of the Project and the purpose of the Planning Commission meeting, which was to provide the Planning Commission with a Project introduction and overview and offer the public an opportunity to comment on the Project. (8) Prior to certification of the Final EIR, the City Council has not made any decisions that constitute an irretrievable commitment of resources or a commitment to a definitive course of action with respect to the Project. 2.0 FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS DETERMINED TO HAVE NO IMPACT OR TO BE LESS THAN SIGNIFICANT The City hereby finds that the following potential environmental impacts of the Project are less than significant and therefore do not require mitigation measures. 2.1 Aesthetics On-site construction-related impacts, such as storage tank demolition and a construction staging area, are short-term in nature and will only affect a limited portion of the overall PDP site. Impacts from offsite construction of the water delivery pipelines and pump station will be short- term and only affect a limited area. Overall, construction activities will not substantially degrade the existing visual character or quality of the site and surroundings, nor will they have a substantial adverse effect on a scenic vista. Therefore they are not significant (Final EIR, p. 4.1- 3-10). CEQA Findings of Fact 11 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDP and Desalination Plant Findings of Fact Aesthetic impacts that are significant but mitigated to a level less than significant are identified in Section 3 below. 2.2 Air Quality Construction-related emissions are anticipated in association with construction of the desalination facility, and offsite pipelines and facilities. The estimated maximum daily emissions generated onsite during construction are below the thresholds established by SDAPCD Rule 20.2 for CO, ROC, Sox, and PMio. Therefore, impacts to air quality will be less than significant during construction of the Desalination Plant and On- and Off-site facilities (Final EIR, p. 4.2-10-16). The combination of direct emissions from vehicle use and landscaping and indirect emissions associated with a net increase in power consumption to produce this new water supply during the operational phase of the Project will result in total emissions that will be less than the significance thresholds and will therefore not have a significant adverse effect on air quality (Final EIR, p. 4.2-17-21). The Project will not directly emit toxic air contaminants and will therefore not have the potential to expose sensitive receptors to substantial pollutant concentrations. Furthermore, the Project does not involve any odor-generating sources and is not classified as an odor-generating process (SCAQMD 1993); therefore, the Project will not create objectionable odors affecting a substantial number of people. The Project's operational impacts will therefore be less than significant (Final EIR, p. 4.2-16, 20 and 21). Significant unavoidable cumulative impacts on air quality are addressed in Section 4.1 of these Findings. 2.3 Biological Resources 2.3.1 Terrestrial Environment Construction of the Off-site Facilities will occur in areas with a range of vegetative cover. No plant species listed by the USFWS or the CDFG as rare, threatened, or endangered were detected in the overall study area, which encompasses the Desalination Plant, On-site Facilities, and Off- site Facilites. Impacts on agricultural land, ruderal habitat, and developed land will be less than significant, because of the lack of sensitivity of these land cover types (Final EIR, p. 4.3-19 and 31). San Diego County viguiera is designated as a CNPS List 4 species. Implementation of the Project will result in direct impacts on a portion of a population of San piego County viguiera (75 to 100 individuals) located within the City of Carlsbad. Impacts to San Diego County viguiera are not significant because the Project's impacts to this species do not represent a substantial reduction in the population of this species. Further, areas impacted do not include any of the major populations for this species (Final EIR, p. 4.3-32). CEQA Findings of Fact 12 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant ^ 2 *7 Findings of Fact Project implementation will be consistent with regional and local conservation goals (Final EIR, p. 4.3-33). The Project is not within the Preserve Planning Zones of the Oceanside Subarea Plan. While portions of the offsite pipeline alignments cross hardline preserve areas and standards areas of the Carlsbad Habitat Management Plan (HMP), the alignments will not disturb existing and future habitat areas as all construction will be located within existing or future road rights of way or will be placed underground using trenchless construction methods (Final EIR, p. 4.3-33). Because of the temporary nature of Project construction impacts and absence of above ground Project features associated with the pipelines that could preclude linkages or movements, there will be no direct or indirect impacts on habitat linkages or wildlife movement corridors (Final EIR, p. 4.3-32). 2.3.2 Marine Environment Potential effects from chemical additives during the desalination process will be negligible for the proposed operations at the Desalination Plant. Chemicals will be removed through sand filtration, de-chlorinated, or neutralized prior to discharge, with solids removed for further processing and disposal. Only clarified backwash water will be returned to the discharge channel; any chemical additives present will not exceed identified thresholds, and therefore effects will be less than significant (Final EIR, p. 4.3-34). Operation of the Desalination Plant will not require the EPS to increase the quantity of intake cooling water nor will it increase the velocity of the water at the intake structure. The Desalination Plant and On-site Facilities will not have a separate direct lagoon or ocean intake and screening facilities, and will only use cooling water that is discharged from the EPS cooling system. Therefore, the Desalination Plant will not cause any additional impingement losses of marine organisms associated with EPS cooling water intake (Final EIR, p. 4.3-34 and 35). Because the volume and velocity of EPS intake water will not increase for Desalination Plant operations, the number of organisms entrained by the EPS cooling water intake structure will not increase. Living fish larvae entrained by the Desalination Plant will represent an incremental loss of approximately 0.01 to 0.28 percent of the larvae present in the power plant source-water. The small proportion of marine organisms lost to entrainment as a result of the Desalination Plant operations will not have a substantial effect on the species' ability to sustain their populations because of their widespread distribution and high reproductive potential. The most frequently entrained species are very abundant in the area of EPS intake, Agua Hedionda Lagoon, and the Southern California Bight, and therefore, the actual ecological effects due to any additional entrainment from the Desalination Plant are less than significant. Therefore, the operation of the Desalination Plant will not result in significant impacts on those species (Final EIR, p. 4.3-36-43). CEQA Findings of Fact 13 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact The Project will result in increased salinity levels from the Desalination Plant discharge. No endangered or at-risk species occur in the waters around the Project site and none of the coastline has been designated as an area of Special Biological Significance. Due to natural geographic distributions of most of the species within the Project area, many of the species living within the Project vicinity naturally experience a salinity range comparable to or greater than what is predicted for the combined discharge. Based on the modeling completed for power plant operations and coastal oceanographic variables, salinity levels will range from 36.2 ppt (average day bottom salinity at end of pipe) to 40.1 ppt (historical extreme, bottom salinity at end of pipe). The area that will experience elevated salinity levels consists mainly of the sandy bottom habitat beyond the surf zone, just offshore from the jetties. This area has a uniform, sandy bottom and lacks the habitat complexity and biodiversity of the nearby kelp beds. Salinity levels for the hard bottom habitat are below the significance criteria established for this habitat (EPA Guidelines indicating 38.4 ppt), and extended exposure to salinity levels above the identified threshold of 40 ppt will be avoided under all proposed operating conditions. The "historical extreme" scenarios will be short-term and episodic. Plant-specific tests, as well as relevant literature show that salinity levels at or below 40 ppt will not have substantial adverse effects on species within the study area. Therefore, since operating conditions will not result in salinity levels exceeding the identified threshold of 40 ppt for an extended period of time, impacts related to elevated salinities will not be significant (Final EIR, p. 4.3-43-51). The temperature increases modeled for the combined discharge flow field are in the range of those that occur presently in the heated-only EPS discharge. Presently the EPS only discharges warm water and this forms a lens along the ocean surface that drifts down the coast with the prevailing coastal flow. When the Desalination Plant discharge is added, the discharge will submerge, drifting down coast as it sinks. This will cause a greater extent of bottom warming than occurs within the water column and expand the thermal contours along the bottom. The "historical average day" temperature increase will be about 1.1° C above ambient temperature, whether along the bottom or in the water column. No significant effects associated with combining concentrate discharge with the existing thermal discharge are anticipated (Final EIR, p. 4.3-51). Precautionary monitoring of the discharge will be required to ensure that ongoing operational parameters are within the range of variables assumed in the analysis. The monitoring program is included in the Final EIR mitigation measures and in the MMRP for purposes of tracking and implementation. However, the monitoring measure is not technically a "mitigation measure" in that it is not needed to reduce effects on the marine environment to less than significant levels, since no significant effects were identified. / Impacts to biological resources considered significant but mitigated to a ,level less than significant are identified in Section 3 below. 2.4 Cultural Resources , Within the Project area and vicinity, there are twelve cultural resource sites that were identified as not culturally significant. Some of these sites have been previously destroyed or are located within developed areas. Impacts to some of the sites have been addressed in previous environmental documents with Project approvals conditioned on mitigation for impacts to those CEQA Findings of'Fact 14 May 3, 2006 and Statement of Overriding Considerations EIR 03-05- PDF and Desalination Plant Findings of Fact sites. Impacts to cultural resources that have been determined not to be significant sites are less than significant (Final EIR, p. 4.4-17-19). Impacts to cultural and paleontological resources considered significant but mitigated to a level less than significant are identified in Section 3 below. 2.5 Geology and Soils 2.5.1 Desalination Plant Site Groundwater issues will not pose a substantial constraint or hazard to Project development. Therefore, there will be no significant soil suitability impacts related to groundwater proximity (Final EIR, p. 4.5-10 and 11). Based on the results of subsurface exploration and laboratory testing, the pad grade fill soils are generally considered to have a low expansion potential using the Uniform Building Code (UBC) standard. Therefore, impacts related to expansive soils will not be significant (Final EIR, p. 4.5- 10 and 11). Effects of seismic shaking will be reduced by adhering to the UBC and state-of-the art seismic design parameters of the Structural Engineers Association of California. Accordingly, impacts related to seismic shaking will be less than significant (Final EIR, p. 4.5-11). Large-scale liquefaction effects at the ground surface are not likely. Current standards in the UBC will be adhered to during the design and construction of the Project, which will reduce the potential for major structural damage. Therefore, liquefaction effects on proposed Project structures will not be significant (Final EIR, p. 4.5-12). The Desalination Plant and On-site Facilities are located in a gently sloping area with slight topographic relief that is not considered to be subject to landslides. Accordingly, the potential for landslides or other slope instability problems is low, and impacts will be less than significant (Final EIR, p. 4.5-12). The potential for significant tsunami effects at the locations of the Desalination Plant and On-site Facilities is low, as the orientation of Southern California and its geographic and seismic factors are not conducive to tsunamis. Based on these factors, impacts will be less than significant (Final EIR,. p. 4.5-12 and 13). In Carlsbad, seiches are not expected to affect areas 5 to 10 feet above lagoon water level. As the Desalination Plant site will be located 30 feet above mean sea level relative to the Agua Hedionda Lagoon, the potential for seiches to affect the site are low and ariy impacts will be less than significant (Final EIR, p. 4.5-12 and 13). The site-specific geotechnical investigation of the sites for the Desalination Plant and On-site Facilities did not reveal the presence of important mineral resources. There will be no significant impacts related to the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State (Final EIR, p. 4.5-13). CEQA Findings of Fact 15 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact 2.5.2 Offsite Facilities Although topography of the pipeline routes varies greatly, landslide hazards associated with the pipelines is minimal since the facilities will be placed underground and ground surface topography will be restored to pre-Project conditions. Impacts will be less than significant (Final EIR, p. 4.5-13 and 14). Implementation of the Project will not result in substantial adverse effects to people or structures from landslides or seismic activity (Final EIR, p. 4.5-15). Mineral resources within the City of Carlsbad are no longer being extracted and utilized as exploitable natural resources (City of Carlsbad General Plan). The majority of areas crossed by offsite facilities have not .been delineated as an important mineral resource recovery site within the general plans of the applicable cities, and these alignments will not cause any impacts (Final EIR, p. 4.5-16). Significant geologic and soils impacts mitigated to a level less than significant are identified in Section 3 below. 2.6 Hazards and Hazardous Materials Construction of the Desalination Plant will not involve extensive excavation or soil removal, and therefore, it is not likely that exposure of contaminated soils or groundwater will result from construction activities. Demolition activities will be required to adhere to appropriate regulatory requirements of the Occupational Safety and Health Administration to protect workers from exposure to potential hazards. Therefore, Project construction is not anticipated to expose people to potential hazards or result in release or upset associated with any hazardous substances, and any impacts will be less than significant (Final EIR, p. 4.6-9). Project features that are designed to reduce risks associated with chemical use and storage, combined with regulatory requirements for safe handling and storage of materials, will minimize hazards associated with plant operation. The Project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. In addition, the Desalination Plant is not within one-quarter mile of an existing or proposed school. Therefore, impacts from the long-term operational use, storage, and transport of hazardous materials involved in desalination facility operations will be less than significant (Final EIR, p. 4.6-9-14). However, although impacts associated with hazards will be less than significant due to the facility design and proposed operational measures, avoidance measures are included to ensure that these Project features and operational practices are maintained (see Section 3 of these Findings). CEQA Findings of Fact 16 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Operation of the offsite pipeline areas will convey potable water through the pipelines, which will not pose a hazardous risk to the public or the environment and there would be no adverse impacts (Final EIR, p. 4.6-14). During operation of the Project, the use, storage, transportation, and disposal of hazardous materials will be conducted in accordance with local, state and federal regulatory requirements. With incorporation of a traffic control plan into the Project and adherence to applicable regulations, the Project will not significantly impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No mitigation is required (Final EIR, p. 4.6-10-14). Hazards and hazardous materials impacts considered significant but mitigated to a level less than significant are identified in Section 3 below. 2.7 Hydrology and Water Quality Development of the Desalination Plant and On-site Facilities will result in a 2.5-acre increase of impervious surface from the plant building and structures, an expanded access road turnaround, and small parking area associated with the new plant. Construction of the off-site pipelines will not result in increased impervious surfaces and will not impact storm water drainage. Due to its limited size, the offsite pump station will result in a negligible amount of impervious surfaces being created. There are no significant impacts to hydrology and water quality from the On-site or Off-site Facilities (Final EIR, p. 4.7-10-12). 2.7.1 Effects of Desalination Plant Discharge on Ocean Water Quality 2.7.1.1 Salinity As discussed In Section 2.3.2. above, discharge from Desalination Plant operations will result in increased salinity. Dispersion of increased salinity in nearshore waters will depend on a variety of environmental factors. Salinity in this region of the ocean is relatively constant, with maximum variation over a 20.5-year period of approximately 10%. The present discharge from the EPS causes a surface plume due to the thermally buoyant properties of the effluent. In contrast, the Desalination Plant's concentrate discharge will be denser than the ambient seawater, and the discharge plume will sink under every operational condition. On the seafloor at the edge of the Zone of Initial Dilution ("ZID") (the area extending 1,000 feet from the discharge channel), maximum salinities for the four scenarios of worst-day, worst-rnpnth, average-day, and average-month will exceed the range of natural variability by less than 0.8 ppt. The results for the historical worst-case scenarios indicate that the natural range of salinity will be exceeded by less than 15 percent due to reduced flow from the power plant and the simultaneous occurrence of minimal natural mixing conditions in the vicinity of the discharge channel. Under these CEQA Findings of Fact 17 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant £_ Findings of Fact conditions, the salinities are projected to be 1.9 to 3.8 ppt above the natural range of ocean salinity. The historical record of plant flow and environmental variables indicates that 95% of the time the maximum salinity at the edge of the ZID will be less than 36.2 ppt. Extended exposure to salinity levels above 40 ppt will be avoided under all proposed operating conditions. In addition, as noted in Section 4.3 of the Final EIR, the "historical extreme" scenario, which entails simultaneous occurrence of 254 mgd of net flow and minimal natural mixing, conditions in the vicinity of the discharge channel will have a likelihood of less than 1% occurrence (less than one day in twenty years). Under the "historical extreme" scenario, end-of-pipe salinity could reach 40.1 ppt. However, since the probability of this occurring is less than 1%, it will not result in any substantial adverse effects to marine organisms found within the Project vicinity. No significant effects will occur under this "historical extreme" scenario. The salinity levels for the hard bottom habitat will always be below the significance criteria established for this habitat (38.4ppt). Therefore impacts to ocean water quality resulting from Desalination Plant operations will be less than significant (Final EIR, p. 4.7-13-21). 2.7.1.2 Temperature Sea surface temperatures in the vicinity of the EPS ranged over a 20.5-year period from 9.9 °C to 25.1 °C (49 °F to 77.2 °F) with a mean of 17.5 °C (63.5 °F). Per the thermal objectives for discharge from new facilities defined in the California Ocean Plan, the discharge of elevated temperature wastes shall not result in increases in the natural water temperature exceeding 2.2 °C (4 °F) at the (a) shoreline, (b) surface of any ocean substrate, or (c) ocean surface beyond 305 m (1000 ft) from the discharge system. The surface temperature limitation shall be maintained at least 50% of the duration of any complete tidal cycle. The combined discharge from the EPS/desalination plan is denser than the ambient seawater, even under conditions when heated discharge from the power plant is assumed. Therefore, the discharge sinks under all operating conditions. The Unit 4 Historical Extreme (heated) does not cause thermal increase of 2.2 °C (4 °F) or greater at any point, thus satisfying the California Ocean Plan objectives. The historical extreme case that assumes no power plant heating has no thermal impacts. Therefore, impacts related to thermal discharge will be less than significant under all operating scenarios (Final EIR, p. 4.7-21). 2.7.1.3 Recirculation and Impact on the Lagoon The potential for the recirculation of the discharge back into the lagoon and into the intake will be insignificant. The intake for the power plant is located in the southwestern portion of the western basin of the Agua Hedionda Lagoon. The computer models used in the FEIR examined the potential for recirculation by computing dilution throughout the lagoon. The worst-case condition resulted in bottom salinity at the inlet of the lagoon of less than 33.7 ppt. This salinity value falls below the threshold of 36.8 ppt; therefore impacts will be less than significant. Dilution of the combined discharge (heat and sea salt concentrate) within the lagoon varied from CEQA Findings of Fact 18 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - POP and Desalination Plant Findings of Fact 1,000:1 at the west end of the West Basin, increasing to 300,000:1 at the plant intake and in the East Basin. Therefore, the recirculation of the combined thermal and saline discharge will be negligible and less than significant (Final EIR, p. 4.7-21 and 22). 2.7.1.4 Sediment Transport The combined discharge from the EPS/Desalination Plant will have less than significant impacts on sediment transport compared to the currently permitted, power-plant-only discharge. Since the combined discharge volume will be lessened, the discharge-stream offshore velocity will also be lessened, thereby lessening the overall impact on natural longshore sand transport (Final EIR, p. 4.7-22). 2.7.1.5 Chemicals, Metals, and Cleaning Solutions Various chemicals and cleaning solutions will be used in the desalination process, however the pretreatment of the water with ferric sulfate and the intermittent pulsing of sodium hypochlorite (chlorine) will not substantially affect ocean water quality. The flocculated ferric sulphate will be removed by sand filters, and the chlorine will be scrubbed with sodium bisulfite prior to passing through the RO membranes. The intermittent use of sodium bisulfite may also lower the dissolved oxygen during the period of chlorine treatment. The California Ocean Plan limits the decrease in dissolved oxygen to no more than 10% of the ambient level at the edge of the ZID. The seawater is slightly alkaline (pH of 7.8 to 8.3) and sulfuric acid will be added as needed to make the natural source seawater more neutral before membrane treatment. The maximum dosage of sulfuric acid that may be used for seawater alkalinity neutralization is 30 mg/L, with a typical dosage between 15 and 20 mg/L. Sulfuric acid is added the seawater to reduce the pH from alkaline (pH of 7.8 to 8.3) to neutral (pH of 7). Sulfuric acid reacts with the seawater creating water and sulfates. When the concentrate is mixed with the power plant discharge, the pH of the combined discharge is increased to 7.8, which is within the range of ambient conditions. Therefore sulfuric acid addition is not expected to result in non-compliance with the Ocean Plan pH limit of 0.2 pH unit deviation from the ambient ocean water (Final EIR, p. 4.7-22 and 23). All piping and other Desalination Plant and On-site Facilities materials in contact with the seawater will be made of high-grade stainless steel, concrete or plastic. Therefore, no significant amount of corrosion byproducts is likely in the Desalination Plant discharge and impacts will be less than significant (Final EIR, p. 4.7-23). ', As shown in Table 4.7-5 of the Final EIR, the minimum initial dilution required to meet the California Ocean Plan water quality objectives will be one part seawater to one part RO discharge. Under all operating scenarios, including the Unit 4 and Historical Extreme case, the 1:1 minimum dilution requirement is achieved. Therefore, impacts will be less than significant (Final EIR, p. 4.7-23). 2.7'.1.6 Surfing Points CEQA Findings of Fact 19 May 3, 2006 and Statement of Overriding Considerations ^ i EIR 03-05 - PDF and Desalination Plant V C* »*f Findings of Fact A delta formation has formed seaward of the outlet jetties on an otherwise simple plane beach profile, creating a surfing break. This surfing point is known as "Warm Water Jetties," because the water directly around the jetties is warmer than that of the neighboring beach. By providing relief in the bathymetry, the delta produces surfable waves and is essentially a ramp/focus configuration (Scarfe, Elwany, Black, and Mead, 2003). The ramp acts to reduce the directional spread of waves approaching the shore and steepens them through the shoaling process. Surfing quality varies with tide, swell, and delta shape, and conditions are best when there is a large quantity of sand. During operation of the Desalination Plant, the flow will be reduced by roughly 5%, thus possibly reducing the quantity of sand to the delta. This slight change should not affect surf quality, but it may move the delta slightly inshore. In addition, smaller scale wedge features may appear inshore of the delta. These conditions may create longer surfing rides, but will not substantially affect water quality, or recreational opportunities (Final EIR, p. 4.7-23 and 24). 2.8 Land Use and Planning The Project is compatible with the existing land use and zoning designations for the property. Because of its compatibility with existing uses, the Project will not cause any significant adverse effects related to division of an established community (Final EIR, p. 4.8-10 and 11). The Desalination Plant and On-site Facilities are compatible with existing adjacent land uses and zoning, including the Outer and Middle Agua Hedionda Lagoon at its southern shoreline and the beach to the west. There are no land use compatibility impacts expected for the other adjacent land uses, because the Project does not represent a change in land use character or intensity that would have the effect of dividing or disrupting existing land uses within the surrounding community (Final EIR, p. 4.8-11). Off-site Facilities will primarily be located below-ground within existing easements, rights-of way or planned roads and will not have local land use effects of significance after installation (Final EIR, p. 4.8-12). Impacts to land use and planning considered significant but mitigated to a level less than significant are identified in Section 3 below. 2.9 Noise and Vibration / 2.9.1 Construction Impacts Noise and vibration generated by construction equipment onsite will occur with varying intensities and durations during the various phases of construction. The closest residences are located approximately 450 feet or more from the construction area 0f the closest On-site Facilities and more than approximately 1,800 feet from the Desalination Plant. At both distances the maximum noise level will be approximately 70 dB or less. The equipment used for construction will not generate significant vibration levels. Impacts from onsite construction activities will be less than significant and will represent only a minor temporary increase in noise levels in the Project vicinity (Final EIR, p. 4.9-6). CEQA Findings of Fact 20 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Construction traffic will generate a noise level of approximately 55 dB CNEL at a distance of 50 feet from the road in the worst-case scenario with all heavy trucks using the same route. This noise level will cause a less than significant noise impact, since it will not exceed the applicable significance thresholds related to compliance with existing noise standards, and will not result in substantial temporary increases in noise levels (Final EIR, p. 4.9-7). Because the Project will be required to comply with construction noise restrictions and will be short in duration, construction of off-site facilities will not result in a significant noise impact, based on the applicable significance criteria (Final EIR, p. 4.9-7-10). 2.9.2 Operational Impacts The noise sources associated with the on-site mechanical equipment will generate a combined noise level approximately 58 dB CNEL at the closest residential property. With the inclusion of noise attenuation provided by intervening structures as well as the proposed on-site structures, the noise level will be less than approximately 35 dB CNEL at the closest residential property. Implementation of the Project therefore will not substantially increase the ambient noise level at the closest residences or generate noise levels in excess of the City's noise criteria. Thus, the operational noise impact will be less than significant (Final EIR, p. 4.9-10-12). The mechanical equipment noise associated with the off-site booster pump station will reach approximately 50 dB at the residential property boundary. This noise level will not exceed the City of Oceanside's noise criteria. Therefore, the noise impact will be less than significant (Final EIR, p. 4.9-13). The Desalination Plant will require heavy truck deliveries of chemicals, disposal of waste solids, solid residuals, and supply of equipment and spare parts, as well as daily employee traffic for operations. The noise generated by the truck traffic and employees is not anticipated to be perceptible, considering the existing traffic volumes on surrounding roadways, and will therefore not cause a significant impact (Final EIR, p. 4.9-13). 2.10 Transportation and Traffic 2.10.1 Construction Traffic Construction of the on-site and off-site facilities is not anticipated to cause the Level of Service to fall below acceptable levels on any of the affected roadways. Therefore, traffic impacts associated with Project construction activities will not be significant (Final EIR, p. 4.10-4-9). However, to ensure that localized impacts do not occur as a result of selection of the identified disposal site or additional disposal sites for trench spoils, the applicant will be required to demonstrate that construction operations will not cause unacceptable Levels of Service during peak hour periods on affected roadways (see Section 3.0). 2.10.2 Operational Traffic (Long-term/permanent') CEQA Findings of Fact 21 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Assuming a worst case scenario that all Desalination Plant operational activities were to occur on the same day, combined with the estimated employee and visitor traffic, the total impacts will be approximately 120 trips per day on Interstate 5, Cannon Road and Carlsbad Boulevard. The worst case impact on the affected roadways will be the projected increase on Cannon Road, as the segment of Cannon Road from the Plant site to the freeway currently carries the lowest ADT of the affected roadways. The projected increase in traffic on that segment of Cannon Road will cause a 1.2% increase in additional trips. This is not a substantial increase in traffic, and therefore, the impacts are not significant (Final EIR, p. 4.10-10). 2.10.3 Rail Facilities The proposed offsite pipelines will cross the right-of-way for the NCTD rail line that runs just east of the Desalination Plant site. In the City of Oceanside, the Melrose Drive and College Boulevard pipeline options will cross the right of way for the NCTD rail line that runs along Oceanside Boulevard. The pipelines crossing the rail lines will be installed using trenchless construction methods, and therefore, no disruption in rail service is anticipated to occur and impacts will be less than significant (Final EIR, p. 4.10-11). 2.10.4 Airport Facilities One of the offsite pipeline alignments includes a segment along the northern boundary of Palomar Airport, a location that has also been identified as a disposal site for pipeline spoil soils. Both the pipeline and disposal sites are proposed in areas that are not within an active navigational area, and therefore, it is not anticipated that the Project will cause any change in air traffic patterns or any safety risks. However, to ensure that airport operational activities are not adversely affected, the applicant will be required to coordinate with the airport operator (see Section 3.0 of this document) 2.10.5 Growth Management Standards It is not anticipated that additional traffic resulting from Project construction will represent a substantial increase in daily traffic on affected roadways, and the increase is not anticipated to result in Level of Service on these roadways falling below acceptable levels, including the thresholds established in the City of Carlsbad Growth Management Standards (level C during off-peak hours nor service level D during peak hours). Therefore, it is not anticipated that the Project will result in inconsistencies with the Growth Management Standards related to traffic (Final EIR, p. 4.10-11 and 12). However, to ensure that these standards>are met, the applicant will be required to demonstrate that construction operations will not cause unacceptable Levels of Service during peak hour periods on affected roadways and intersections (see Section 3.0). 2.11 Public Utilities and Service Systems CEQA Findings of Fact 22 May 3, 2006 and Statement of Overriding Considerations *2/~7 EIR 03-05 - PDF and Desalination Plant Z-1? / Findings of Fact 2.11.1 Fire Services The Carlsbad Fire Department currently has the facilities and personnel to accommodate the Project, and it is not anticipated that any adverse impacts to service delivery will result from implementation of the Project, and impacts will be less than significant (Final EIR, p. 4.11-6). 2.11.2 Police Services Due to the minimal demand for police protection, no additional services, equipment or personnel will be anticipated to service the Project, and impacts will be less than significant (Final EIR, p. 4.11-6). 2.11.3 Parks The Project will not generate substantial additional population, and therefore will not create substantial demand for recreational facilities or services (Final EIR, p. 4.11-6). 2.11.4 Wastewater The Project will comply with local discharge limits and pretreatment requirements of the EWPCF. The Project will not require or cause the construction of new wastewater facilities or expansion of existing facilities that could cause significant environmental effects. The City of Carlsbad has sufficient capacity to meet the Project's demands in consideration of existing commitments. Therefore, impacts to wastewater collection and treatment will be less than significant (Final EIR, p. 4.11-7-11). However, to ensure capacity rights are not exceeded, a mitigation measure has been included that quantifies maximum acceptable daily and instantaneous flows at 200,000 gpd and 300 gpm (see Section 3.0). 2.11.5 Water The Desalination Plant will have multiple treatment processes, including pretreatment facilities, cartridge filters, reverse osmosis membranes, and product water conditioning and disinfection facilities. Intake seawater will be filtered through pretreatment facilities that will be designed to remove over 99.9 percent of all suspended solids and will also remove or inactivate over 95 percent of the bacteria and other pathogens (such as Cryptosporidium, Giardia, and viruses), if they are present in the source seawater. The reverse osmosis facilities will remove essentially all of the remaining suspended solids, bacteria, and pathogens, and therefore there will be no significant impacts related to product water quality (Final EIR, p. 4.11 -11 -14). The projected quality of the Desalination Plant's product water after reverse osmosis treatment and post-chemical addition is comparable with the water it will blend with in the distribution system. The Desalination Plant product water will meet the respective DHS water quality limits for odors. In terms of regulated volatile organics, and other compounds that may impact product water taste and odor, product water from the Desalination Plant will comply with all drinking water standards and will not differ substantially from the water quality of the other sources of CEQA Findings of Fact 23 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant 2--1 Findings of Fact product water in the distribution system. Therefore, no adverse aesthetic effects on water quality will be caused by water blending (Final EIR, p. 4.1 1-15-16). Delivery of water from the Desalination Plant will in certain cases involve reversal of water flow in existing water delivery facilities, since the location of the source water supply will change. To protect water users from potential taste and odor problems associated with the startup of facility operations, just prior to startup, a sequential flushing program will be coordinated with the involved water agencies and the City staff to minimize any sediment disturbance that might occur due to flow reversals in the system. A flushing program will minimize any aesthetic issues that might be created through flow reversals. Therefore, no adverse aesthetic effects on water quality are/will be caused by flow reversal (Final EIR, p. 4.1 1-16). Distribution of 50 mgd of water from the Project will require continuous pumping to maintain adequate pressure to reach distribution points. Power failure at the pump locations may cause hydraulic impacts on the regional water distribution system due to suction that is created within pipes when water flow is suddenly stopped (referred to a "surge"). Design features will be incorporated into the proposed water delivery system that will minimize potential effects to acceptable levels. Therefore, there will be no adverse effects upon existing water delivery facilities from potential surge (Final EIR, p. 4.1 1-16 and 17). 2.11.6 Solid Waste The primary sources of solid waste from the Desalination Plant will consist of sludge generated as a result of the intake water pretreatment filtration and disposal of other wastes such as filter cartridges. Sludge disposal will involve dewatering onsite to a sludge concentration of 20% or higher and disposal in a sanitary landfill. The generation of this additional waste, whether in the form of sludge or filter cartridges, will not significantly affect landfill capacity or require expansion of facilities, due to the relatively small quantities of such waste. Therefore, impacts to solid waste facilities will not be significant (Final EIR, p. 4.1 1-17). 2.11.7 Energy Equipment associated with operation of the Desalination Plant and related On-site and Off-site Facilities will utilize electric power. The Project's electricity demand would be approximately 36.05 MWh under maximum operating conditions. The projected demand does not represent a ' substantial increase in demand on the regional electrical grid. Therefore, it is not anticipated that the increase in energy demand and consumption will require expansion of or improvements to existing facilities within the ISO controlled electricity grid that could cause significant environmental effects. Therefore, impacts to energy resources and facilities will be less than significant (Final EIR, p. 4.11-17-21).f 2.11.8 Local Facilities and Improvements Plan/Local Facilities Management Plans (LFMP) The City of Carlsbad Local Facilities and Improvements Plan/Local Facilities Management Plans (LFMP) were adopted to ensure that growth occurs in concert with public facilities and service systems. The Project will not cause the provision of additional residential units or substantial CEQA Findings of Fact 24 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact employment opportunities that could be directly tied to additional growth. Therefore, the Project will not conflict with these policy documents' standards or thresholds for the City of Carlsbad's administrative facilities, fire, schools, libraries and park and recreation facilities (Final EIR, p. 4.11-21). In addition, the remaining LFMP standards regarding waste water treatment capacity, sewer collection, drainage facilities, water distribution, open space, and circulation, are applicable to the project. As discussed above, impacts to wastewater collection and treatment capacity will be less than significant (Final EIR, p. 4.11-7-11), and a mitigation measure has been added to ensure capacity rights are not exceeded (see Section 3). Further, while the Project is not anticipated to result in inconsistencies with circulation standards (Final EIR, p. 4.10-11 and 12), mitigation measures have been included to ensure unacceptable levels of service will not result on certain roads and intersections during construction operations (see Section 3.0). Further, the Project will result in no significant impacts to drainage facilities or water distribution (Final EIR, p. 4.11-21). Finally, as noted in the LFMP applicable to the Desalination Plant, the open space threshold has already been met. 2.12 Cumulative 2.12.1 Aesthetics Because the On-site Facilities are located within an industrial area, and because the Off-site Facilities that will be visible (off-site pump station) after construction are minimal, the Project will not contribute substantially to changes in aesthetics associated with development of cumulative projects, and impacts would be less than significant (Final EIR, p. 5-8). 2.12.2 Biological Resources The City of Carlsbad's HMP and the Oceanside Subarea Plan serve as the local implementation plans for the sub-regional MHCP. The HMP and Subarea Plan provide mitigation programs to address the effects of cumulative development. If a Project is determined to be consistent with the HMP and Subarea Plan, and/or provides appropriate mitigation to ensure the integrity of the plans, its cumulative effects will not be significant. As noted in Section 4.3, Biological Resources of the Final EIR, the Project is consistent with both the HMP and Subarea Plan, and therefore no significant cumulative impacts to biological resources will result from Project implementation (Final EIR, p. 5-9). As discussed in detail in Section 4.3, Biological Resources of the Final EIR the Project design and operating parameters will not result in significant impacts to marine organisms. Specific analyses for each of the cumulative projects considered may yield different results, depending on the proposed operational characteristics of each desalination plant proposed along the southern California coast (as identified in Table 5-1 of the Final EIR) and the resources found locally. However, it is reasonable to conclude that the absence of localized impacts to populations of species that occur throughout the cumulative projects' study area resulting from the Project indicate that the Project's contributions to cumulative effects on marine organisms will be less than significant (Final EIR, p. 5-10). CEQA Findings of Fact 25 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact 2.12.3 Cultural Resources The mitigation measures required for this Project and the mitigation standards required by the City in its CEQA review provide for avoidance, documentation and/or recovery of significant cultural resources, and as a result, all significant cumulative impacts related to cultural resources are avoided (Final EIR, p. 5-10). 2.12.4 Geology and Soils The Desalination Plant site, On-site Facilities, and Off-site Facilities will require relatively minor site preparation and excavation of soils. Project mitigation to control and address erosion and seismic and soils hazards, in conjunction with similar standard measures required of cumulative projects, will avoid significant cumulative impacts (Final EIR, p. 5-11). 2.12.5 Hazards and Hazardous Materials The cumulative impacts analysis for hazards and hazardous materials considered the area surrounding the Desalination Plant (together with the On-site and Off-site facilities), specifically, the projects listed in Table 5-1 of the EIR. The Project will not contribute to cumulative considerable increases in hazards or hazardous materials, and in fact will contribute to cleanup of potential contamination on the Project site (Final EIR, p. 5-11). 2.12.6 Hydrology and Water Quality The cumulative impacts analysis for hydrology and water quality considered the area that could be impacted by the Desalination Plant, specifically, the watershed for the Desalination Plant and On-site and Off-site Facilities and the portion of the ocean that could be affected by discharges. As noted above in Section 2.12.2 of this document, water quality impacts related to effects on marine biological resources that are associated with desalination plant discharge will not be cumulatively significant. Other water quality and hydrology issues associated with the plant will be temporary (construction-related) in nature and would not contribute to cumulatively significant impacts (Final EIR, p. 5-11). 2.12.7 Land Use and Planning The Desalination Plant and On-site Facilities constitute a utility use proposed entirely within the boundaries of an existing utility site. The Off-site Facilities that would,convey product water from the plant and into the surrounding communities would be primarily located within existing street rights of way and installed underground. The Project therefore will not contribute to significant impacts from cumulative development that may have the effect of dividing an established community or conflicting with environmental policies. (Final EIR, p. 5-11). 2.12.8 Noise and Vibration CEQA Findings of Fact 26 May 3, 2006 and Statement of Overriding Considerations /•? f ft EIR 03-05 - PDF and Desalination Plant / H / Findings of Fact The Project will contribute to short-term cumulative noise impacts; however, due to the short duration of Project construction and requirements of city noise ordinances and standards, it is not anticipated that those -cumulative effects would reach a level of significance. Therefore, the Project, in conjunction with cumulative projects, will not cause significant cumulative noise impacts (Final EIR, p. 5-12). 2.12.9 Transportation and Traffic Similar to noise impacts, Project traffic impacts are primarily associated with construction. Since the time frame for construction is relatively short, it is not anticipated that a substantial increase in current traffic levels resulting from cumulative development will occur prior to completion of Project construction. Therefore, temporary traffic impacts associated with the Project will cease prior to any substantial cumulative traffic impacts being realized on local roadways. With mitigation, impacts related to Project construction alone are considered to be less than significant (Section 3). Therefore, the Project is not anticipated to contribute to any significant cumulative traffic impacts (Final EIR, p. 5-12 and 13). 2.12.10 Public Utilities and Services The cumulative impacts analysis for energy considered potential statewide cumulative impacts. As noted in Section 4.11 of the EIR, the Project will not generate the need for additional public facilities or services and will not contribute to considerable increases in demand for public services. Additionally, the Project will not result in increased energy demand that would necessitate additional electrical generating or transmission facilities. This conclusion is primarily based on capacity and reliability features built into the electrical transmission grid. Implementation of the cumulative projects will therefore not cause energy demand that will require additional energy-related facilities beyond those planned to serve proposed development (Final EIR, p. 5-13). The Project will not cause increased wastewater production that would require additional wastewater treatment capacity. Additional cumulative projects would also increase wastewater treatment demand. However, the relevant cumulative projects are generally consistent with land use planning assumptions included in the Encina Wastewater Authority's (EWA) planning assumptions. This conclusion is based on the EWA Phase V expansion plans. Implementation of the cumulative projects will not increase wastewater treatment demand such that additional wastewater facilities would be required (Final EIR, p. 5-13). 3.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The Final EIR identifies certain mitigation measures which have been incorporated, in all substantive respects, into the MMRP for the Project. The City, as Lead Agency, will incorporate the MMRP into the conditions of approval of the Project. The City finds, pursuant to CEQA Section 21081(a)(l)-(2) and CEQA Guidelines Section 15091(a)(l)-(2), that changes or alterations have been required in, or incorporated into, the CEQA Findings of Fact 27 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Project, which would avoid or substantially lessen the potentially significant effects, or, such changes or alterations are within the responsibility and jurisdiction of another Public Agency and have been, or can and should be, adopted by that other agency, in the following environmental categories: (1) Aesthetics; (2) Biological Resources; (3) Cultural Resources; (4) Geology and Soils; (5) Hazards and Hazardous Materials; (6) Hydrology and Water Quality; (7) Land Use and planning; (8) Transportation and Traffic; and (8) Public Utilities and Service Systems. The City finds that the potentially significant effects in the environmental categories specified above have been mitigated to a level that is less than significant after implementation of mitigation measures identified in the Final EIR and incorporated into the MMRP. The impacts which have been reduced to a less than significant level with mitigation, together with the basis for such determination, are set forth below. The City further finds that, to the extent that certain impacts will occur outside of the City's jurisdiction, the mitigation measures identified in the Final EIR and incorporated into the MMRP can and should be implemented by the respective Local Agencies. 3.1 Aesthetics 3.1.1 Potentially Significant Impacts Exposure of certain features of the proposed facilities, such as chemical storage tanks, could potentially result in degradation of the visual character or quality of the site and represents a potentially significant impact. To the extent practical, the mature vegetation that is currently providing partial screening of the tank area from Carlsbad Boulevard will be preserved in place. However, the existing vegetative screening of the site, particularly on the east side of the Desalination Plant, may be affected by activities necessary for Project construction, and a potentially significant impact to scenic resources could result. The On-site Facilities are visually within the Carlsbad Boulevard Theme Corridor and subject to the Scenic Corridor Guidelines (adopted July 1, 1988). The On-site Facilities are also adjacent to the NCTD railroad corridor and will be subject to the City's Scenic Corridor Guidelines for this corridor as well. The exterior design of the Desalination Plant, proposed screening of chemical storage tanks, and replacement landscaping along the widened access roadway will provide screening of visual impacts that will meet the intent of the Scenic Corridor Guidelines. Exterior nighttime lighting of the Desalination Plant will likely exceed current levels in use in the tank area, creating a new source of light. The primary light sources will be on and around the building, with the pretreatment area that is closest to the lagoon receiving minimal lighting. Although the new sources of light are not substantial, because of the sensitive nature of the adjacent lagoon habitats, control of lighting features is necessary to avoid potential impacts to those habitats. The surface coatings and materials proposed for the exterior of the new building and structures is not expected to result in substantial glare impacts, however, use of reflective glass could result in a potentially significant source of glare. CEQA Findings of Fact 28 May 3, 2006 and Statement of Overriding Consider'ado EIR 03-05 - PDF and Desalination Plant and Statement of Overriding Considerations ^\ IL'2^ Findings of Fact 3.1.2 Mitigation Measures The following mitigation measures will reduce potential aesthetic impacts to a less than significant level: 3.1.2.1 Replacement planting for trees that are removed along the railroad corridor shall be provided to screen views from the rail line towards the facility. Tree or other plant species, quantity, and size shall be in keeping with the adopted City of Carlsbad Scenic Corridor Guidelines, City Landscape Manual, and the vegetative character of the Agua Hedionda Lagoon to the extent that the species are compatible with existing vegetation. Planting shall be sufficient to provide screening when mature. Verification of the adequacy of the proposed plantings will occur through City review and approval of the Project's landscape plan. The Project landscape plan shall also be sent to the North County Transit District for review and comment to ensure that replacement planting poses no potential rail hazards. 3.1.2.2 Desalination Plant exterior mechanical equipment and facilities, including tanks, heating, air conditioning, refrigeration equipment, plumbing lines, duct work and transformers, shall be screened from view on all sides visible to the public. The design and material used for screening shall be architecturally compatible with the building. 3.1.2.3 To the extent practical, the existing mature landscape on the slope facing Carlsbad Boulevard adjacent to the Desalination Plant site shall remain in place and be protected from construction impacts through the use of fencing and signage. Replacement planting for trees and shrubs that are removed along the slope facing Carlsbad Boulevard shall be provided to screen views from Carlsbad Boulevard towards the facility. Tree or other plant species, quantity, and size shall be in keeping with the adopted City of Carlsbad Scenic Corridor Guidelines, City Landscape Manual, the vegetative character of the Agua Hedionda Lagoon area and shall be sufficient to provide screening from the ground up when mature. Verification of the adequacy of the proposed plantings will occur through City review and approval of the Project's landscape plan. 3.1.2.4 Construction staging areas within the PDF area shall be screened from public view or located in an area away from direct public view. Plans showing the staging area locations and screening shall be submitted to the City Planning Director and his/her designee for review and approval. 3.1.2.5 Exterior lighting for the On-Site Facilities shall serve the purpose of operations, security and safety only. The applicant shall submit for approval a lighting plan for the proposed facilities prior to building permit issuance. The lighting plan shall demonstrate that Project lighting is shielded from surrounding areas, and that only the minimum amount of lighting required for safety purposes is provided to avoid adverse effects on surrounding areas. In general, lighting fixtures shall be shielded downward and away from the adjacent Agua Hedionda Lagoon and adjacent properties. Construction of the desalination plant and related facilities and improvements shall be in conformance with the approved plan. CEQA Findings of Fact 29 May 3, 2006 and Statement of Overriding Considerations _ ///_/ EIR 03-05 - PDF and Desalination Plant & T J Findings of Fact 3.1.2.6 Building elevations, including those visible from the NCTD railroad, shall substantially conform to the plans approved for the desalination plant pursuant to PDF 0002. 3.1.3 Supporting Explanation The proposed mitigation measures will ensure vegetative screening of potentially obtrusive structures and features of the Project that may be viewed from offsite areas. In addition, architectural treatments and control of exterior lighting will avoid substantial light and glare that may be emitted or reflected from proposed structures. Control of the location of the construction staging area will avoid substantial adverse temporary aesthetic impacts related to construction. Futhermore, requiring compliance with approved plans will ensure a quality building appearance. The proposed measures will reduce potentially significant effects on visual resources to a less than significant level and ensure conformance with the Scenic Guidelines. 3.2 Biological Resources 3.2.1 Potentially Significant Impacts The Project will result in potential significant impacts to biological resources in the terrestrial environment. Impacts include sensitive habitats and sensitive wildlife species. Both direct and indirect impacts are anticipated during construction, maintenance and operation activities. Although impacts to the marine environment have been found to be less than significant (see Section 2.3), changes in Desalination Plant operations that increase salinity levels outside the parameters analyzed could have potentially significant impacts. CEQA Findings of Fact and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant 30 May 3, 2006 9V1/ Findings of Fact 3.2.1.1 Vegetation Communities Implementation of the Project would result in the direct loss of the vegetation community acreages intersecting the proposed 40-foot construction corridor associated with open trench construction techniques. Direct impacts on sensitive vegetation communities, including chamise chaparral, coastal sage scrub (undisturbed and disturbed), coyote brush scrub, scrub oak chaparral, non-native grassland, herbaceous wetland (undisturbed and disturbed) open channel (jurisdictional waters of the U.S.), and southern willow scrub will be significant. Acreages representing temporary impacts are shown below in Table 1. In addition to the direct effects associated with vegetation removal, potential effects associated with ground surface rupturing during horizontal directional drilling may occur. 3.2.1.2 Sensitive Plants TABLE 1 Temporary Impacts On Plant Communities Habitat Type Impacts (acres) Native Habitats Coastal Sage Scrub Disturbed Coastal Sage Scrub Coyote Brush Scrub Herbaceous Wetland Disturbed Herbaceous Wetland Open Channel Southern Willow Scrub TOTAL NATIVE IMPACTS 3.84 0.66 0.03 0.01 0.05 0.07 0.44 5.1 Non-native Habitats Annual (non-native) Grassland Agriculture Developed Disturbed Habitat Ornamental Ruderal TOTAL NON-NATIVE IMPACTS 4.39 2.12 7.95 4.71 3.03 0.82 23.02 TOTAL IMPACT 28.12 A population of Nutall's scrub oak (Quercus dumosa nuttallii) occurs adjacent to the limits of work northeast of the intersection of El Camino Real and Palomar Airport Road. The pipe alignment in this area avoids the species, however construction activity will occur in close proximity to the habitat. f 3.2.1.3 Sensitive Animals Implementation of the Project would result in the temporary loss of suitable habitat for three pairs and one individual coastal California gnatcatcher. No other sensitive animals will be substantially impacted by the Project. CEQA Findings of Fact and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant 31 May 3, 2006 Findings of Fact 3.2.1.4 Indirect Impacts Indirect impacts on vegetation communities and sensitive species will primarily result from adverse "edge effects." During construction of the Project, edge effects may include dust from soil disruption, which could affect plant vitality, or construction-related soil erosion and run-off. Impacts associated with dust are potentially significant and require mitigation. Long-term indirect impacts on vegetation communities most likely will not increase as a result of this Project because all impacts are temporary and resources will be revegetated to their pre- construction conditions. 3.2.2 Mitigation Measures The following mitigation measures will reduce potential impacts to biological resources to a less than significant level: 3.2.2.1 Proposed mitigation for temporary impacts to sensitive habitats shall be based on the ratios listed below in the Table 2, below. It should be noted that acreage figures are based on estimated "worst case" impacts. Actual impacts may be less and would be subject to the same mitigation ratios, but the mitigation acreages could change as a result. With the exception of temporary impacts on habitats designated as Groups E and F by the HMP (i.e., disturbed lands, eucalyptus and agricultural lands) mitigation shall consist of, at a minimum, 1:1 revegetation of in-kind habitats at the location of impact, and, for the portion of ratios greater than 1:1, off-site purchase or acquisition as described below. Temporary impacts on non-native habitats designated as Groups E and F by the HMP are expected to recover on their own and therefore are not included in revegetation efforts; however, impacts to these habitat groups are subject to payment of a fee pursuant to the Habitat Management Plan Mitigation Fee Program. Mitigation acreages for disturbed and undisturbed habitats have been added together. Sensitive vegetation communities shall be restored to the pre-existing vegetation type. Restoration of wetlands shall be discussed in a Conceptual Wetlands Mitigation and Monitoring Plan which shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. Restoration of uplands shall be discussed in an Uplands Mitigation and Monitoring Plan which shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. These measures will reduce significant direct effects to a level less than significant. CEQA Findings of Fact 32 May 3, 2006 and Statement of Overriding Cons iderations EIR 03-05 - PDF and Desalination Plant Findings of Fact Table 2 Mitigation Ratios Habitat Type In Coastal Zone Impacts (acres) Outside Coastal Zone Mitigation Ratio Mitigation (acres) @ ratio In Coastal Zone Outside Total Coastal Zone Coastal Sage Scrub Coyote Bush Scrub Herbaceous Wetland Open Channel Southern Willow Scrub Annual (non-native) grassland Agriculture/ disturbed/ Ruderal 0.90 0.00 0.00 0.00 0.00 0.68 3.12 3.6 0.03 0.06 0.07 0.44 3.71 4.53 4.5 0.03 0.06 0.07 0.44 4.39 7.65 2:1 2:1 3:1 1:1 3:1 Fee Fee 1.80 0.00 0.00 0.00 0.00 0.00 0.00 7.20 0.06 0.18 0.07 1.32 0.00 0.00 9.00 0.06 0.18 0.07 1.32 0.00 0.00 Sensitive vegetation communities shall be restored to the pre-existing vegetation type. Restoration of wetlands shall be discussed in a Conceptual Wetlands Mitigation and Monitoring Plan which shall, at a minimum, include discussion of impact assessment, recording of pre-construction site conditions, post-construction site preparation, planting, irrigation, five-year maintenance and monitoring, and long-term preservation. Restoration of uplands shall be discussed in an Uplands Mitigation and Monitoring Plan which shall, at a minimum, include discussion of impact assessment, recording of pre- construction site conditions, post-construction site preparation, planting, irrigation, five- year maintenance and monitoring, and long-term preservation. 3.2.2.2 Mitigation ratios identified in the Table 2 that require more than 1:1 mitigation (e.g., 2:1) shall satisfy the mitigation that is in addition to the 1:1 in one or both of the following ways and in a manner acceptable to local, state, and federal agencies: o Through purchase of mitigation bank credits o Through acquisition and preservation of suitable habitat in the vicinity of the Project 3.2.2.3 Indirect impacts including dust, soil erosion, pollution, siltation, and runoff shall be reduced through implementation of construction best management practices (BMPs) and implementation of an approved SWPPP. At a minimum, implementation of these practices shall include the following. > o Placement of stockpiles of soils and materials such that they cause minimal interference with onsite drainage patterns, o Hay bale barriers or gravel bags shall be placed along areas of exposed soil to help reduce sedimentation during grading operations. CEQA Findings of Fact and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant 33 May 3, 2006 Findings of Fact o Placement of a silt curtain or other drainage control device around construction areas shall be required to protect natural drainage channels from sedimentation, o Any dewatering that is needed shall be conducted in accordance with the standard regulations of the RWQCB. A permit to discharge water from dewatering activities will be required, o Use of paved roadways or designated staging areas (existing developed areas) for all equipment and vehicle refueling and maintenance, o Implementation of dust control measures such as watering, o Temporary fencing of the limits of the construction area with clearly visible orange construction fencing. o Temporary fencing of the Nuttall's scrub oak population located adjacent to the work area and northeast of the intersection of El Camino Real and Palomar Airport Road to avoid impacts. In order to assure that these measures are adequately protecting adjacent biological resources, construction activity shall be monitored by a qualified biologist familiar with the sensitive flora and fauna of the area. Biological monitoring shall be of a frequency and duration necessary to reasonably assure that indirect impacts are minimized. This shall include implementation of a contractor education program, verification of proper construction and maintenance of staking/fencing, full-time monitoring of vegetation removal, periodic monitoring of construction activity adjacent to sensitive resource areas, and reporting of contractor compliance and impact minimization measures on a monthly basis. These measures shall ensure that indirect impacts on vegetation communities, including dust, erosion, sedimentation, pollution, siltation, and runoff are reduced to level below significant. 3.2.2.4 The potential for direct impacts on coastal California gnatcatcher individuals shall be mitigated by restricting the clearing of coastal sage scrub within the Project alignment to outside of the gnatcatcher breeding season (August 16 through February 14). 3.2.2.5 The potential short-term increase in noise related to construction shall be mitigated through avoidance of construction during the gnatcatcher breeding season or maintenance of noise levels below 60 dBA Leq at occupied nest locations if construction takes place during the breeding season (i.e., February 15 through August 15). The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine presence of all gnatcatcher within 500 feet of project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician. , 3.2.2.6 To avoid potential adverse effects from hydro-fracturing that could occur as a result of horizontal directional drilling or micro-tunneling, the Applicant shall provide evidence to the local jurisdiction that demonstrates that the design of the drilling operation provides sufficient horizontal distance and depth from sensitive habitat areas. Information provided shall provide appropriate engineering calculations to demonstrate to the local jurisdiction's satisfaction that surface rupture will not occur within sensitive habitat areas. CEQA Findings of Fact 34 May 3, 2006 and Statement of Overriding Considerati EIR 03-05 - PDF and Desalination Plant and Statement of Overriding Considerations U &* Findings of Fact These measures have been made conditions of approval for the Project. 3.2.3 Supporting Explanation For loss of terrestrial resources that are -directly associated with the proposed construction activities, creation of like habitat at a ratio of 3:1 for herbaceous wetland and southern willow scrub, 2:1 for coastal sage scrub and coyote bush scrub, and 1:1 for open channel will mitigate the impacts to these habitats by establishing like-habitat in the same eco-region with similar functions and values in terms of occupied flora and fauna and ecosystem processes. Creation of like-habitat through revegetation of in-kind habitats at the location of impact and off- site purchase or acquisition of suitable habitat in the vicinity of the Project or through purchase of mitigation bank credits will mitigate Project impacts to sensitive habitats and species that are dependent on those habitats. The Project will temporarily directly impact coastal sage scrub habitat occupied by coastal California gnatcatcher. The potential for direct impacts to coastal California gnatcatcher pairs and individuals shall be reduced by restricting the clearing of coastal sage scrub within the Project alignment to dates outside of the gnatcatcher breeding season (August 16 through February 14) thus protecting against direct nest harm and breeding failure. Construction noise is also a potential impact. Protection shall be provided through the avoidance of construction during the gnatcatcher breeding season (February 15 through August 15). If construction takes place during the breeding season, noise levels shall remain below 60 dBA Leq at occupied nest locations. The maintenance of appropriate noise levels shall be confirmed through protocol gnatcatcher surveys to determine the presence of all gnatcatchers within 500 feet of Project construction and noise measurements at nest locations during peak construction activity by a qualified acoustician. Implementation of these mitigation measures will reduce impacts to coastal sage scrub habitat to less than significant. The Project will result in indirect short-term impacts to vegetation communities during construction. These impacts may include dust, soil erosion, pollution, siltatiori, and runoff and are considered significant. Implementation of typical construction BMPs and implementation of an approved Storm Water Pollution Prevention Plan will mitigate indirect impacts to vegetation communities during construction. In addition, a biological monitor shall be present during construction to implement a contractor education program, verify proper construction staking/fencing of sensitive habitats, monitor vegetation removal, periodically monitor construction activity adjacent to sensitive resource areas, and report contractor compliance and impact minimization measures on a monthly basis. Implementation of these mitigation measures and biological monitoring will' ensure that indirect impacts on vegetation communities will be - minimized to a level below significant. - Horizontal directional drilling or micro-tunneling can cause an adverse effect of hydro- fracturing. The applicant will be required to provide appropriate engineering plans and calculations to demonstrate to the appropriate local jurisdiction's satisfaction that the design of the drilling operation provides sufficient horizontal distance and depth from sensitive habitat CEQA Findings of Fact 35 May 3, 2006 and Statement of Overriding Considerations . EIR 03-05 - PDF and Desalination Plant rf- H Findings of Fact areas to minimize the risk of surface rupture within sensitive habitat areas. Adherence to adequate design criteria will reduce impacts from horizontal directional drilling in and maintenance on terrestrial resources to less than significant. 3.3 Cultural Resources 3.3.1 Potentially Significant Impacts The Project is located in areas formerly inhabited by the Luiseno tribe of Native American Indians. Within the Project area and proposed pipeline alignments, eight sites were identified as significant, eight sites have unknown site status, one site is partially significant, and one site is partially significant with portions identified as unknown site status. Potential impacts to unrecorded Native American cultural sites or human remains are considered significant and require mitigation. Implementation of the Project may potentially disturb unknown buried paleontologic resources. Grading at the Desalination Plant site and for the On-site Facilities is not expected to impact Quaternary Age alluvial deposits (Loma Linda Terrace deposits) which have the potential to contain fossiliferous rock from Pleistocene terrace deposits. However, significant impacts will occur if these resources are encountered during excavation. For the Off-site Facilities, grading and earthwork impacts to Cretaceous and Tertiary Age deposits could disturb potentially occurring fossils and the information in the fossils could be lost. This would cause a significant impact. 3.3.2 Mitigation Measures The following mitigation measures will reduce potential impacts to cultural resources and paleontological resources to less than significant: Cultural Resources 3.3.2.1 Where Project construction will impact cultural resources that have been determined to be significant, mitigation shall include either avoidance, or if avoidance is not feasible, then a data recovery program shall be completed to recover a large enough sample of cultural material so that information of importance in addressing regional research questions will not be irretrievably lost. The data recovery program shall be developed by a qualified archaeologist and approved by the City of Carlsbad or other Public Agency. 3.3.2.2In cases where the precise alignment of the pipeline is not available, and therefore the potential to affect cultural resources cannot be specifically determined, the applicant shall be required to retain a qualified archaeological monitor during construction so that buried cultural resources can be identified in the field. The archaeological monitor shall meet the minimum qualifications as required by the City of Carlsbad or other Public Agency. If significant resources are identified within the areas that could be affected by CEQA Findings of Fact 36 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact construction, the resources shall be tested (pursuant to the mitigation measure 4.4-1) to determine significance with appropriate mitigation measures employed as necessary. Monitoring Program Requirements: The evaluation and monitoring program will be used for cultural resources within the Project study area that are located within developed areas where surface evaluation is precluded and specific mitigation cannot be determined at this time. For these sites, a monitoring program is required if construction is to occur within or adjacent to the cultural resource site. Components of such a monitoring program would include, but not be limited to the following: Prior to Preconstruction (Precon) Meeting: Planning Department (PD) Plan Check: Prior to the first Precon Meeting, the Planning Director of the appropriate Public Agency or his/her designee, shall verify that the requirements for Archaeological Monitoring and Native American monitoring, if applicable, have been noted on the appropriate construction documents. Submit Letter of Qualification to Planning Director: Prior to the first Precon Meeting, the applicant shall provide a letter of verification to the Planning Director or his/her designee stating that a qualified Archaeologist has been retained to implement the monitoring program. Records Search Prior to Precon Meeting: At least thirty days prior to the Precon Meeting the qualified Archaeologist shall verify that a records search has been completed and updated as necessary and be prepared to introduce any pertinent information concerning expectations and probabilities of discovery during trenching and/or grading activities. Verification includes, but is not limited to, a copy of a confirmation letter from South Coast Information Center or, if the search was in-house, a letter of verification from the Archaeologist stating that the search was completed. Precon Meeting: Monitor Shall Attend Precon Meetings: Prior to beginning any work that requires monitoring, the Applicant shall arrange a Precon Meeting that shall include the Archaeologist, Construction Manager and/or Grading Contractor and Planning Director or his/her designee. The qualified Archaeologist shall attend any grading related Precon Meetings to make comments and/or suggestions concerning the Archaeological Monitoring program with the Construction Manager and/or Grading Contractor. Identify Areas to be Monitored: At the Precon Meeting, the Archaeologist shall submit to the Planning Director or his/her designee a copy of the site/grading plan (reduced to 11x17) that identifies areas to be monitored as well as areas that may require delineation of grading limits. CEQA Findings of Fact 37 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact During Construction: Monitor Shall be Present During Grading/Excavation: The qualified Archaeologist shall be present full-time during grading/excavation of native soils within or adjacent to a cultural site and shall document activity via the Consultant Monitor Record. This record shall be sent to the Planning Director or his/her designee, as appropriate, each month. Monitoring of Trenches Will Include Mainline, Laterals, and all Appurtenances: Monitoring of trenches is required for the mainline, laterals, services and all other appurtenances that impact native soils within or adjacent to a cultural site one foot deeper than existing as detailed on the plans or in the contract documents identified by drawing number or plan file number. It is the Construction Manager's responsibility to keep the monitor(s) up-to-date with current plans. Discoveries: In the event of a discovery, and when requested by the Archaeologist, or the Principal Investigator (PI) if the Monitor is not qualified as a PI, the Construction Manager (CM), as appropriate, shall be contacted and shall divert, direct or temporarily halt ground disturbing activities in the area of discovery to allow for preliminary evaluation of potentially significant archaeological resources. The PI shall also immediately notify the Planning Director or his/her designee of such findings at the time of discovery. Determination of Significance: The significance of the discovered resources shall be determined by the PI. For significant archaeological resources, a Research Design and Data Recovery Program shall be prepared, approved by the City and carried out to mitigate impacts before ground-disturbing activities in the area of discovery will be allowed to resume. : Minor Discovery Process for Pipeline Projects: For all projects: The following is a summary of the criteria and procedures related to the evaluation of small cultural resource deposits during excavation for pipelines. Coordination and Notification: Archaeological Monitor shall notify PI, CM and the Planning Director or his/her designee, as appropriate. Criteria Used to Determine if it is a Small Cultural Resource Deposit a. The deposit is limited in size both in length and depth; and, b. The information value is limited and is not associated with any other resources; and, c. There are no unique features/artifacts associated with the deposit. d. A preliminary description and photographs, if available, shall be transmitted to the Planning Director or his/her designee. The information will be forwarded to the Planning Department for consultation and verification that it is a small historic deposit. CEQA Findings of Fact 38 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Procedures for documentation, curation and reporting: The following constitutes adequate mitigation of a small historic deposit to reduce impacts due to excavation activities to below a level of significance. a. 100% of the artifacts within the trench alignment and width shall be documented in-situ, to include photographic records, plan view of the trench and profiles of sidewalls, recovered, photographed after cleaning and analyzed and curated. b. The remainder of the deposit within the limits of excavation (trench walls) shall be left intact. c. The Final Results Report shall include a requirement for monitoring of any future work in the vicinity. Human Remains: If human remains are discovered, work shall halt in that area and procedures set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) as follows: a. Notification (1) Archaeological Monitor shall notify the PI, CM and the Planning Director or his/her designee. (2) The PI shall notify the County Coroner after consultation. b. Stop work and isolate discovery site (1) CM/ the Planning Director or his/her designee, as appropriate, shall stop work immediately and overlay adjacent human remains until a determination can be made by the County Coroner in consultation with the PI concerning the origin of the remains and the cause of death. (2) The County Coroner, in consultation with the PI, shall determine the need for a field investigation to examine the remains and establish a cause of death. (3) If a field investigation is not warranted, the PI, in consultation with the County Coroner, shall determine if the remains are of Native American origin. c. If Human Remains are Native American (1) The Coroner shall notify the Native American Historic Commission (NAHC). (By law, ONLY the Coroner can make this call.) (2) NAHC will identify the person or persons it believes to -be the Most Likely Descendent (MLD). (3) The MLD may make recommendations to the landowner or PI responsible for the excavation work to determine the treatment, with appropriate dignity, of the human remains and any associated grave goods (PRC 5097.98). d. If Human Remains are not Native American (1) The PI shall contact the NAHC and notify them of the historical context of the burial. CEQA Findings of Fact 39 May 3, 2006 and Statement of Overriding Considerations - ._ EIR 03-05 - PDF and Desalination Plant ^ D J^) Findings of Fact (2) NAHC will identify the person or persons it believes to be the MLD. (3) The MLD may make recommendations to the landowner or PI responsible for the excavation work to determine the treatment of the human remains (PRC 5097.98). (4) If the remains are of historic origin, they shall be appropriately removed and conveyed to the Museum of Man for analysis. The decision for reinterment of the human remains shall be made in consultation with the Planning Director or his/her designee, the landowner, the NAHC and the Museum of Man. e. Disposition of Human Remains The landowner, or his/her authorized representative, shall reinter the Native American human remains and any associated grave goods, with appropriate dignity, on the property in a location not subject to further subsurface disturbance, IF: (1) The NAHC is unable to identify the MLD, OR the MLD failed to make a recommendation within 24 hours after being notified by the NAHC; OR; (2) The landowner or authorized representative rejects the recommendation of the MLD and mediation in accordance with PRC 5097.94 (k) by the NAHC fails to provide measures acceptable to the landowner. Notification of Completion: The Archaeologist shall notify the Planning Director or his/her designee, in writing of the end date of monitoring. Post Construction: Handling and Curation of Artifacts and Letter of Acceptance: The Archaeologist shall be responsible for ensuring that all cultural remains collected are cleaned, catalogued, and permanently curated with an appropriate institution; that a letter of acceptance from the curation institution has been submitted to the Planning Development; that all artifacts are analyzed to identify function and chronology as they relate to the history of the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. Curation of artifacts associated with the survey, testing and/or data recovery for this project shall be completed in consultation with the Planning Director or his/her designee and the Native American representative, as applicable. Final Results Reports (Monitoring and Research Design and Data Recovery Program): Within three months following the completion of monitoring, two copies of the Final Results Report (even if negative) and/or evaluation report, if applicable, which describes the results, analysis, and conclusions of the Archaeological Monitoring Program (with appropriate graphics) shall be submitted to the Planning Director or his/her designee for approval. For significant archaeological resources encountered during monitoring, the Research Design and Data Recovery Program shall be included as part of the Final Results Report. CEQA Findings of Fact 40 May 3, 2006 and Statement of Overriding Considerations _ EIR 03-05 - PDF and Desalination Plant Findings of Fact Recording Sites with State of California Department of Park and Recreation: The Archaeologist shal-l be responsible for recording (on the appropriate State of California Department of Park and Recreation forms-DPR 523 A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program in accordance with the City's Historical Resources Guidelines, and submittal of such forms to the South Coastal Information Center with the Final Results Report. Paleontological Resources 3.3.2.3 A qualified paleontological monitor shall be present at a pre-grading meeting with the construction contractor and environmental review coordinator. The purpose of the meeting would be to consult and coordinate the role of the paleontologist during construction. The paleontological monitor shall have adequate knowledge and experience with fossilized remains likely to be present to identify them in the field. The paleontological monitor shall be adequately experienced to remove paleontological resources for further study. 3.3.2.4 The paleontological monitor shall be present during the applicable stages of grading and construction (including trenching) as determined at the pre-grading meeting. The paleontological monitor shall have the authority to temporarily direct, divert, or halt grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. At the discretion of the monitor, recovery may include washing and picking of soil samples for microvertebrate bone and teeth. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. All fossils collected shall be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. The City of Carlsbad Engineering Division (or the applicable division of the appropriate Public Agency for work outside the City of Carlsbad), shall ensure the grading contractor is aware of this provision. Conflicts regarding the role and authority of the monitor shall be resolved by the Planning Director or his/her designee. 3.3.2.5 A paleontological monitoring report shall be submitted to the City of Carlsbad (or appropriate Public Agency for work outside the City of Carlsbad). The report shall describe the materials recovered by the monitoring program. 3.3.3 Supporting Explanation Construction monitoring is considered to be the most prudent method of ensuring that substantial adverse impacts to cultural and paleontological resources are avoided. Monitoring enables the City to identify potential resources as Project earthwork is being conducted, and provides the ability to halt construction for the recovery of resources. With the implementation of the mitigation measures, impacts to cultural or paleontological resources will be less than significant. CEQA Findings of Fact 41 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact 3.4 Geology and Soils 3 .4. 1 Potentially Significant Impacts During construction of the Desalination Plant and On-site Facilities, erosion could be accelerated that could undermine slopes, cause siltation of surface waters, and expose and damage underground facilities. Implementation of the Project will require grading to remove the inner earthen wall of the containment berms surrounding the existing fuel oil storage tank, and to compact and smooth the existing topography of the site. Construction activities associated with the Project will temporarily expose underlying soils, thereby increasing their susceptibility to erosion until the Project is fully implemented. While loss of soil onsite will not lead to any substantial impacts to the site itself, erosion resulting from site preparation could affect water quality downstream of the Project site. Some components of the Desalination Plant and On-site Facilities are proposed to be located on recompacted fill soils. Without proper grading and recompaction or remedial design features for building foundations, impacts related to soil stability are considered significant. Regarding Off-site Facilities, potentially significant construction-related impacts associated with the Project include encountering unstable soil and rock conditions and exposure of oversize rock material during grading. Potential impacts could also arise from temporary stockpiling during pipeline construction activities. 3.4.2 Mitigation Measures The following mitigation measures will reduce potential impacts to geologic and soil resources to less than significant: 3.4.2.1 To provide a uniform bearing for the proposed facility, the fill/residual soils beneath the desalination facility site shall be removed and recompacted. As an alternative, all the building footings may be deepened through the compacted fill soils and be founded into the formational materials of the Santiago Formation, in accordance with the recommendations contained in the geotechnical report (GeoLogic Associates 2004). f 3.4.2.2 A pre-construction geotechnical investigation shall be prepared to address geotechnical considerations related to constructing and operating all cf the offsite project components including water delivery pipelines, the pump station, and surge control facilities. The report shall contain all necessary requirements to address any adverse soils conditions that may be encountered in final design of the facilities. The Project will be required to adhere to all such requirements. The report shall include a discussion of site-specific geology, soils and foundational issues, a seismic hazards analysis to determine the potential for strong ground acceleration and ground shaking, potential groundwater issues, and structural design recommendations. The soil engineer and engineering geologist shall review the grading plans prior to finalization to verify the plans' CEQA Findings of Fact 42 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact compliance with the recommendations of the report. A third party review of the geotechnical report and final grading plans shall be conducted by the Engineering Department of the appropriate local jurisdiction (e.g., the City of Carlsbad) prior to issuance of grading permits and encroachment permits. Compliance with this measure shall be verified by the local jurisdiction. 3.4.3 Supporting Explanation The Desalination Plant and On-site Facilities will be constructed in an area that has fill and residual soils. The expansion potential of the onsite fill soils is in the low range (expansion index from 21 to 50 per the UBC). Proper grading and recompaction or remedial design features for building foundations, will ensure that substantial adverse impacts associated with soil stability are avoided. Adherence to the City's Grading Ordinance and incorporation of the mitigation measure noted above will ensure that fill soils are removed and recompacted prior to construction. The impact analysis for the Off-site Facilities first considers that depending on the selected alignment, approximately 50 to 80 percent of the pipeline will be located within existing road right-of-ways. For these pipelines, issues involving constructability, seismic hazards, landslides, liquefaction, and mineral resources are not anticipated to pose substantial constraints on Project development, given the developed nature of the existing roadways and the fact that various utility lines currently exist along the alignment. These issues can be appropriately and adequately addressed in design-level geotechnical evaluations that will identify specific design measures related to soils, seismicity, hazards, groundwater, and structural design issues for all offsite Project components. Pipeline construction would also be subject to erosion control measures identified in Section 4.7.5 of the Final EIR, as further outlined below. 3.5 Hazards and Hazardous Materials 3.5.1 Potentially Significant Impacts Project features that are designed to reduce risks associated with chemical use and storage, combined with regulatory requirements for safe handling and storage of materials will minimize hazards associated with plant operation. It is not anticipated that the Project-will create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. However, although impacts associated with hazards are considered to be less than significant with the facility design and proposed operational measures, mitigation measures are included to ensure that these Project features and operational practices are maintained. Forty potentially hazardous sites have been identified in proximity to the construction areas for the offsite pipelines. Release or exposure of existing subsurface contamination could result from Project construction activities. CEQA Findings of Fact 43 May 3, 2006 and Statement of Overriding Considerate EIR 03-05 - PDF and Desalination Plant and Statement of Overriding Cons iderations /Q, £L "*] Findings of Fact Several of the offsite pipeline areas will be located within the Palomar-McClellan Airport Influence Area; some portions of the pipelines will also be located in the Flight Activity Zone and Runway Protection Zone. Construction activities for the segments of alternative pipeline alignments located at and near Palomar-McClellan Airport must be coordinated with airport operations to avoid presenting a potential hazard to airport and aircraft operations. Mitigation to ensure this coordination is contained in Section 3 G., Land Use and Planning, of this document. 3.5.2 Mitigation Measures The following mitigation measures will reduce potential impacts from hazards and hazardous materials to less than significant: 3.5.2.1 To mitigate the potential for exposure of existing contamination during construction of offsite pipelines, construction monitoring will be provided in areas identified as having the potential for such risks, and appropriate actions, as determined by the City's construction inspector shall be taken if such materials are encountered. Such actions may include avoidance or removal of contaminated materials, or special handling measures to avoid exposure to materials. 3.5.2.2 In accordance with all applicable federal, state and local regulations, plant personnel shall regularly inspect all hazardous materials handling facilities for compliance with applicable regulations and shall ensure that any deficiencies are promptly repaired. In addition, the facility shall be subject to regular inspections by the County Department of Public Health and City's Fire Department, which will ensure compliance with appropriate regulatory requirements for hazardous materials and regulated substances handling. 3.5.2.3 All hazardous materials shall be handled, stored, transported and disposed in accordance with all applicable federal, state and local codes and regulations. Specific requirements of the California Fire Code that reduce the risk of fire or the potential for a release of hazardous materials that could affect public health or environment include: o Provision of an automatic sprinkler system for indoor hazardous material storage areas; o Provision of an exhaust system for indoor hazardous material storage areas; o Separation of incompatible materials by isolating them from each other with noncombustible partition. , o Location of incompatible materials as far away from each other as practical. o Spill control in all storage, handling and dispensing areas; o Separate secondary containment for each liquid chemical storage system. The secondary containment shall be designed to hold 110 % of the entire contents of the tank. Adequate storage shall be provided inside the RO, building to hold water for the fire suppression system that could be used for fire protection for a period of 20 minutes in the event of a catastrophic spill. The secondary containment of the chemical storage tanks located outside the RO building shall have extra storage capacity to hold precipitation form a 25-year, 24-hour event. o Use of chlorine in liquid form (sodium hypochlorite) to mitigate concerns CEQA Findings of Fact 44 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact associated with accidental toxic gas plume releases and potential odor emissions from the chlorine storage facility; o Use of aqua ammonia of concentration below the regulatory threshold limit of 20 % and amount below the regulatory threshold of 20,000 gallons to mitigate concerns associated with accidental release of significant toxic ammonia gas plume releases. o All liquid chemical storage tanks shall be equipped with a pressure relief valve, vapor equalization, a carbon filter vent, and vacuum breaker. Any potential vapor fume releases from the storage tanks shall be absorbed by the carbon filter vent, thereby providing an effective odor control for volatile chemicals, such as ammonia and chlorine. 3.5.2.4 Each of the liquid chemicals used on site shall be stored in a tank with a concrete secondary containment surrounding the tank. The containment area shall have a sloped floor, which shall direct the liquid to a drain centered below the tank. This drain shall lead to a covered sump. Each of the chemical storage tanks shall be equipped with continuous level monitors, automated leak detection system, temperature and pressure monitors and alarms, and excess flow and emergency block valves. All storage tanks shall be constructed of appropriate, non-reactive materials, compatible with the recommendations of the supplier of the hazardous material. 3.5.2.5 In the event of an accidental liquid chemical spill, the chemical shall be contained within the concrete containment structure and evacuated through an individual drainage system, and pumped into hazardous waste containment trucks and transported off-site for disposal at an appropriate facility accepting such waste. This operation shall be completed by a specialized contractor licensed in hazardous waste handling and disposal. Appropriate agencies, such as the City of Carlsbad Fire and Police Departments, shall also be contacted if necessary. 3.5.2.6 The chemical conveyance piping system connecting chemicals from their storage areas to their points of application shall be protected from leaks utilizing one of the following leak protection measures: o Use of piping with double containment walls to prevent potential chemical leaks from reaching the soil or groundwater; and o Installation of chemical conveyance and feed pipelines in designated plastic or concrete trenches that will contain potential leaks and drain the leaking chemical(s) to a designated containment sump or tank, from where the chemical(s) will be evacuated and disposed of in compliance with all applicable federal, state, and local codes. f 3.5.2.7 Appropriate safety programs shall be developed addressing hazardous materials storage locations, emergency response procedures, employee training requirements, hazard recognition, fire safety, first aid/emergency medical procedures, hazard communication training, and release reporting requirements. These programs shall include a Hazardous Materials Business Plan, worker safety program, fire response program, a plant safety CEQA Findings of Fact 45 May 3, 2006 and Statement of Overriding Considerations ~ EIR 03-05- PDF and Desalination Plant ^ B | Findings of Fact program, and the facility's standard operating procedures. The Project shall also be in compliance with all applicable hazardous material storage and management regulations and shall prepare all safety planning documentation associated with compliance with these regulations. For security purposes, the desalination facility would allow site access to authorized personnel only via a secured entry point with a 24-hour guard. 3.5.3 Supporting Explanation Operation of the Desalination Plant will involve the storage and use of chemical cleaning solutions to remove deposits from the reverse osmosis membranes as well as chemicals used to treat product water. The chemicals used for cleaning RO membranes are non-flammable and will be stored and used in quantities below the threshold quantity levels defined by applicable federal, state and local hazardous materials handling and management regulations. Chemicals used for water treatment will also be transported, used and stored according to the applicable regulations. In order to ensure that the regulations are adhered to and impacts remain below the threshold for significance, a mitigation measure has been included to require regular inspections by plant personnel as well as the County Department of Public Health and the City's Fire Department. Additional mitigation measures require that all hazardous materials be handled and stored in accordance with all applicable federal, state and local codes and regulations. There are forty potentially hazardous sites in proximity to the offsite pipeline alignments. Although not expected, construction could expose potentially contaminated soils or groundwater. Construction monitoring will serve to identify appropriate actions if such materials are encountered. Implementation of the above described mitigation measures will ensure that impacts from hazards or hazardous materials remain below a significant level. 3.6 Hydrology and Water Quality 3.6.1 Potentially Significant Impacts During construction of the Desalination Plant, On-site Facilities and Off-site Facilities, bare soils will be exposed; soil and material stockpiles will be established; and fuels, lubricants and solid and liquid wastes will be stored within active construction areas. If the construction areas are not properly managed to contain loose soils and liquid and solid contaminants, potentially significant short-term water quality impacts could occur. / Some of the off-site pipeline areas are located in 100-year flood zones and placement of construction materials could temporarily impede or redirect flows during construction. Although temporary, these impacts are potentially significant. 3.6.2 Mitigation Measures r The following mitigation measures will reduce potential impacts to hydrology and water quality to less than significant: CEQA Findings of Fact 46 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant O ^ 0 Findings of Fact 3.6.2.1 Prior to issuance of a grading permit, building permit or demolition permit, whichever occurs first, the project applicant shall demonstrate compliance with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the city within which construction will take place, pursuant to the NPDES regulations or requirements of that city (Carlsbad, Oceanside and Vista). Further, the applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identify funding mechanisms for post-construction control measures. The SWPPP shall also be sent to the North County Transit District for review and comment. 3.6.2.2 The following best management practices shall be adhered to during construction: o Gravel bags, silt fences, etc. shall be placed along the edge of all work areas as determined appropriate by the City's construction inspector in order to contain particulates prior to contact with receiving waters. o All concrete washing and spoils dumping will occur in a designated location, o Construction stockpiles will be covered in order to prevent blow-off or runoff during weather events, o A pollution control education plan shall be developed by the General Contractor and implemented throughout all phases of development and construction, o Severe weather event erosion control materials and devices shall be stored onsite for use as needed, o Other best management practices as determined necessary by the cities. 3.6.2.3 Prior to issuance of grading or building permits, whichever occurs first, the applicant shall submit for City approval a SWMP. The SWMP shall demonstrate compliance with the city of Carlsbad SUSMP, Order 2001-01, issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. i • Construction within any area the City of Carlsbad identifies as a 100-year flood hazard shall occur only during dry months (May 1 - September 30). The City may waive,this restriction if the applicant satisfactorily demonstrates, as determined by the City, that construction would not impede or redirect flood flows and would not expose people or structures to flooding. Such demonstration shall occur before the City issues grading or other permits to permit construction in the flood hazard area in the wet CEQA Findings of Fact 47 May 3, 2006 and Statement of Overriding Cons {derations EIR 03-05 - PDF and Desalination Plant Findings of Fact months and may require the applicant to submit plans and details regarding the type, location, quantities and duration of construction equipment and materials as well as any other information that the City may require. 3.6.3 Supporting Explanation Significant impacts to water quality will be avoided through implementation of BMPs that will address erosion/sedimentation, spill prevention, waste management, dust suppression, cleaning and maintenance measures that will be part of the General Construction Activity Stormwater Permit. For impacts related to the development of the Desalination Plant in particular, the Project shall also prepare a SWMP to demonstrate compliance with the City of Carlsbad SUSMP. Impacts to water quality during construction also will be mitigated to less significant through implementation of the SWPPP. The SWPPP will describe the site-specific BMPs to reduce the amount of sediment-laden runoff entering the lagoon and other waterways. Potentially significant impacts due to construction in a flood hazard area will be mitigated by limiting construction to dry months only unless the applicant can satisfactorily demonstrate to the City, before grading or other construction permits are issued, that construction would not impede or redirect flood flows or expose people or structures to flooding. With implementation of the above listed mitigation measures, the potential impacts related to hydrology and water quality described above will be reduced to a less than significant level (Final EIR, p. 4.7-25). 3.7 Land Use and Planning 3.7.1 Potentially Significant Impacts Off-site Facilities may be constructed within the Palomar Airport Influence Area, particularly the Runway Protection Zone. While the impact on airport operations will be temporary and construction-related, construction and construction equipment could potentially present a hazard to aircraft and airport operations. 3.7.2 Mitigation Measure The following'mitigation measure will reduce potential impacts to land use and planning to a less than significant level: 3.7.2.1 The applicant shall coordinate with and receive approval from the McClellan-Palomar Airport Operations Manager before constructing within the Airport Influence Area and particularly within any Flight Activity Zone and Runway Protection Zone or on airport property. CEQA Findings of Fact 48 May 3, 2006 and Statement of Overriding Cons iderations EIR 03-05 - PDF and Desalination Plant Findings of Fact 3.7.3 Supporting Explanation While the impact on airport operations would be temporary and construction-related, construction and construction equipment could present a hazard to aircraft and airport operations. Coordination with the McClellan-Palomar Airport operations manager will ensure the necessary communication between the airport operator and the Project Applicant to avoid potential conflicts that could result in safety hazards, and ensure that impacts remain below a level of significance. 3.8 Transportation and Traffic 3.8.1 Potentially Significant Impacts It is not anticipated that additional traffic resulting from Project construction will represent a substantial increase in daily traffic on affected roadways, and the increase is not anticipated to cause Levels of Service on these roadways to fall below acceptable levels, including the thresholds established in the City of Carlsbad Growth Management Standards (service level C during off-peak hours or service level D during peak hours). Therefore, it is not anticipated that project-generated traffic will be inconsistent with the Growth Management Standards related to traffic. However, to ensure that these standards are met, the applicant shall demonstrate that construction operations will not cause unacceptable Levels of Service during peak hour periods on affected roadways and intersections. 3.8.2 Mitigation Measures The following mitigation measures will reduce potential impacts to transportation and traffic to a less than significant level: 3.8.2.1 Prior to issuance of grading permits and/or encroachment permits for work within public rights-of-way, the Applicant shall provide the ultimate location of soil disposal sites to the appropriate city (if they are different from the disposal site identified in this analysis), and shall further demonstrate that transport of soil and materials to and from the proposed sites will not result in Levels of Service during peak hour periods on affected roadways and intersections falling below acceptable standards established by the affected cities. r 3.8.2.2 Prior to improvement plan approval, a traffic control plan will be prepared for approval . by each jurisdiction within which the Project is proposed to be located. The traffic control plan will show all signage, striping, delineate detours, flagging operations and any other devices which will be used during construction to guide motorists safely through the construction zone and allow for adequate access and circulation, to the satisfaction of the city or agency with applicable jurisdiction. The traffic control plan will also include provisions for coordinating with local emergency service providers regarding construction times and locations of lane closures as well as specifications for bicycle lane safety. The Applicant's construction contractors will coordinate traffic diversions, street and lane closures, and obstruction of intersections with each CEQA Findings of Fact 49 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact jurisdiction's engineering department prior to commencing construction activities through the development of routing and detour plans. This Traffic Control Plan will be prepared in accordance with each Local Agency's traffic control guidelines and will be prepared to ensure that access will be maintained to individual properties and businesses, and that emergency access will not be restricted. Additionally, the Plan will ensure that congestion and delay of traffic resulting from Project construction are not substantially increased and will be of a short-term nature. The limits of construction work area(s) and suggested alternate traffic routes for through traffic will be published in a local newspaper periodically throughout the construction period. In addition, the construction contractor shall provide not less than a 2-week written notice prior to the start of construction by mailing to owners/occupants along streets to be impacted during construction. During construction, the Applicant's contractor will ensure that continuous, unobstructed, safe and adequate pedestrian and vehicular access to and from public facilities such as schools, parks, post offices and fire stations. If normal access to these facilities is blocked by construction for more than four hours in any given workday, alternative access will be provided. The Applicant's contractor will coordinate with each facility's administrators in preparing a plan for alternative access. During construction, the Applicant's contractor will ensure that continuous, unobstructed, safe and adequate pedestrian and vehicular access remains to commercial/ industrial establishments during regular business hours. If normal access to business establishments is blocked by construction for more than four hours in any given workday, alternative access will be provided. The Applicant's contractor, and possibly the city, will coordinate with the businesses in preparing a plan for alternative access. During construction, the Applicant's contractor will maintain continuous vehicular and pedestrian access to residential driveways from the public street to the private property line, except where necessary construction precludes such continuous access for reasonable periods of time. For example, when the pipeline is initially being excavated, access to individual driveways may be closed during the course of a workday. Access will be reestablished at the end of the workday. If a driveway needs to be closed or interfered with as described above, the Applicant's construction contractor shall notify the owner or occupant of the closure of the driveway at least five working days prior to the closure. Methods to maintain safe, vehicular and pedestrian access includes the installation of temporary bridge or steel plates to cross over unfilled excavations. Whenever sidewalks or roadways are removed for construction, the contractor will place temporary sidewalks or roadways promptly after backfilling until the final restoration has been made. CEQA Findings of Fact 50 May 3, 2006 and Statement of Overriding Considerations . EIR 03-05 - PDF and Desalination Plant Q (f tf Findings of Fact The traffic control plan will include provisions to ensure that the Applicant's construction contractor's work in any public street does not interfere unnecessarily with the work of other agencies -such as emergency service providers, mail delivery, school busses and waste services. 3.8.3 Supporting Explanation To ensure that localized impacts do not occur as a result of construction traffic, the above mitigation measures require the Applicant to demonstrate that construction operations will not cause unacceptable Levels of Service during peak hour periods on affected roadways. These measures will ensure that, regardless of traffic conditions at the time the construction commences, or where the ultimate disposal sites for soil may be located, there will not be substantial additional traffic that will exceed LOS standards on local roadways. The primary control mechanisms provided through this mitigation are restriction of construction hours, or redirection or alternate routes for construction traffic if potential problems are identified. Additional traffic control measures to address lane closures and safety issues are also required so that traffic flow and safety is maintained. 3.9 Public Utilities and Service Systems 3.9.1 Potentially Significant Impacts The industrial waste streams generated by the Project include granular media filter or micro- filtration membrane filter backwash water and spent membrane cleaning solutions. Although the total suspended solids content of these waste streams would not exceed 500 pounds per day, these discharges have the potential to increase the total dissolved solids (TDS) content of the influent to the EWPCF. The increased TDS may have an adverse impact on water recycling facilities operating in the Encina sewer service area. If membrane pretreatment is used in operations, then a maximum flow of 198,000 gallons per day (gpd) could occur and the Project would result in a permanent increase in TDS levels for the water recycling facilities in the Encina sewer service area. This is a potentially significant impact. Further, waste discharge flows in excess of an instantaneous maximum of 300 gallons per minute (gpm) or a daily maximum of 200,000 gpd could cause the City to exceed its capacity rights in the Vista/Carlsbad Sewer Interceptor or the EWPCF. This is also a potentially significant impact. 3.9.2 Mitigation Measure The following mitigation measure will reduce potential impacts to public utilities and service systems to a less than significant level: / 3.9.2.1 The combined waste discharge from the desalination facility to the EWPCF shall not exceed an instantaneous maximum of 300 gpm and a daily maximum of 200,000 gpd. The combined total suspended solids discharged to the EWPCF shall not exceed 500 pounds per day. Should the Project operations cause the monthly average TDS of the CEQA Findings of Fact 51 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact effluent at the local water recycling facilities to exceed 1,000 mg/L, or contribute to the monthly average TDS at the local water recycling facilities exceeding 1,000 mg/L, the Applicant shall take steps to reduce the TDS increase or reimburse the operators of local water recycling plants for its proportional share of the cost to reduce the increase in TDS resulting from Project operations. In addition, the Applicant shall provide the City a minimum 2 years worth of data that establishes a baseline water quality and TDS levels of the effluent at the local water recycling facilities prior to commencement of Project operations. Upon commencement of operations, the applicant shall establish a monitoring program which regularly reports the TDS contribution of the desalination plant. The City shall determine monitoring program parameters, including the frequency of monitoring and duration of the program. 3.9.3 Supporting Explanation The proposed mitigation provides a performance standard for TDS that must be achieved. This adequately addresses the issue of unacceptable levels of TDS in the waste stream that may adversely affect the operation of the EWPCF, and provides a control mechanism that will be in place throughout the life of the Project. To ensure capacity rights are not exceeded, a mitigation measure quantifies maximum acceptable daily and instantaneous flows at 200,000 gpd and 300 gpm. 4.0 FINDINGS REGARDING SIGNIFICANT UNAVOIDABLE IMPACTS The City, acting as the Lead Agency under CEQA, finds that the Final EIR identifies significant unavoidable impacts in the following environmental categories: • Cumulative Air Quality • Indirect Growth Inducement CEQA Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the City makes one or more of the following Findings for each significant effect, based on substantial evidence in the record: (1) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect; (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and such changes have been, or can and should be, adopted by such other agency; and/or (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. CEQA Findings of Fact 52 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact The City has determined that certain mitigation measures identified in the Final EIR will substantially lessen the significant impacts identified above in Section 3 of these Findings. Such mitigation measures have been incorporated into the MMRP, which will be included as a condition of the City's approval of the Project. However, the City has determined that the mitigation measures will not or may not reduce the impacts identified above in this Section 4 to a less than significant level and those impacts therefore remain significant and unavoidable or potentially significant and unavoidable. The City's Findings relating to the significant unavoidable impacts and the bases therefor are set forth below, pursuant to CEQA Sections 21081 and 21081.5 and CEQA Guidelines Sections 15091, 15092 and 15093. A Statement of Overriding Considerations with respect to these impacts is included in Section 8.0 of these Findings, below. 4.1 Cumulative Air Quality Because of their long-term nature, emissions from operations of the Desalination Plant (which, for purposes of this 'cumulative Air Quality discussion, includes the On-site and Off-site Facilities) for pollutants for which the San Diego air basin is not in attainment with state and federal standards are considered cumulatively significant. The San Diego air basin is currently i? in non-attainment for PMio and ozone, and NOX and reactive organic compounds (ROC) are ozone precursors. Long-term operational emissions will largely be caused indirectly through the Desalination Plant's use of electrical energy, the generation of which causes emissions of pollutants. Given that the electricity the Desalination Plant uses could come from a variety of sources (including, for example, geothermal or nuclear plants that emit little or no pollutants) and could ultimately be generated outside of the San Diego air basin, it is very difficult to quantify what contribution to a cumulative impact the Project will have. However, it is likely that at least part of the mix of electricity that the Desalination Plant uses will come from pollutant-emitting sources located in the San Diego air basin. In that case, the Desalination Plant will contribute to a significant cumulative impact to air quality regarding PMio and ozone. Health effects associated with these pollutants are identified in the Final EIR and are summarized as follows: Ozone. Ozone is considered a photochemical oxidant, which is a chemical that is formed when ROC and nitrogen oxides, both byproducts of combustion, react in the presence of ultraviolet light. Ozone is considered a respiratory irritant and prolonged exposure can reduce lung function, aggravate asthma, and increase susceptibility to respiratory infections. Children and those with existing respiratory diseases are at greatest risk from ——>-•• exposure to ozone. (Final EIR p. 4.2-2). Fine Particulate Matter. Particulate matter, or PMio, refers to particulate matter with an aerodynamic diameter of 10 microns or less. Fine particulate matter, or PM2.5, refers to particulate matter with an aerodynamic diameter of 2.5 microns or less. Particulate matter in this size range has been determined to have the potential to lodge in the lungs and contribute to respiratory problems. PMio and PMi.s arise from a variety of sources, including road dust, diesel exhaust, combustion, tire and break wear, construction operations, and windblown dust. PMio and PMi.s can increase susceptibility to respiratory infections and can aggravate existing respiratory diseases such as asthma and CEQA Findings of Fact 53 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Q 1/1 Findings of Fact chronic bronchitis. Fine particulate matter (PlV^.s) is considered to have the potential to lodge deeper in the lungs. (Final EIR p. 4.2-4). There are no feasible mitigation measures that could be implemented on a project-by-project basis that would reduce this cumulative impact to below a level of significance. Therefore, no measures are available to the Project that could feasibly avoid or substantially lessen this effect. 4.2 Growth Inducement CEQA Guidelines Section 15126.2 (d) requires that an EIR evaluate the growth-inducing impacts of a project (Final EIR, p. 9-1). This evaluation should address the ways in which the Project could encourage economic and population growth, or the construction of additional housing, either directly or indirectly. Typically, the growth-inducing potential of a project is considered significant if it stimulates population growth or a population concentration above what is assumed in local and regional land use plans, or in projections made by regional planning authorities such as the San Diego Association of Governments (SANDAG). Significant growth impacts could also occur if a project provides infrastructure or service capacity to accommodate growth levels beyond those anticipated by local or regional plans and policies. The key issue related to growth inducement for the Precise Development Plan and Desalination Plant project is whether or to what extent water supplies provided by the Project would have indirect growth-inducing impacts. Existing water supply issues within the Project's service area must be considered along with water supply in the context of other growth-related constraints. Growth-limiting factors in San Diego County are primarily related to availability of buildable land and adequate infrastructure to support growth in new areas. Therefore, there is no linear relationship between water availability and growth. The Project is being implemented on a local level and represents implementation of a portion of the water supply component that has been planned at a regional (San Diego County) level. The CWA wholesales imported water to its member agencies, which in turn deliver the water to individual homes and businesses throughout the county. The CMWD, the Valley Center Municipal Water District, the Rincon del Diablo Municipal Water District and the Olivenhain Municipal Water District, all of which are anticipated to be potential purchasers of desalinated seawater from the Project, are member agencies of the CWA. Implementation of the Project at a local level will have the same potential for growth inducement as the CWA's recently adopted Regional Water Facilities Master Plan (RWFMP), which noted that development of a local desalinated water supply may foster additional growth indirectly by removing barriers to growth. / The Project contributes to the new supplies identified in the RWFMP and constitutes a portion of the new water supplies that have been considered and analyzed on a regional level. The Project is not anticipated to provide additional supplies over and above what is already contemplated for the San Diego region. Therefore, it is not anticipated that delivery of water from a different CEQA Findings of Fact 54 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant £} (0 & Findings of Fact supplier other than the CWA will have any effect on planned growth within the service area of the Project. Further, it is not anticipated that the purchase of water from a different supplier by any of the affected water agencies would result in any changes to existing land use plans, growth projections or growth management policies of the local land use authorities within the respective service areas of the districts. Local water agencies purchase and deliver water to retail customers, and do not have direct authority over land use, and cannot approve or disapprove any changes in land use that would directly affect population projections. The agencies with local land use authority within the Project's service area are the cities of Carlsbad, Oceanside, Vista, and San Marcos. These communities are nearing or close to build out, and the availability of developable land is the primary factor in future growth potential. Desalinated seawater is already considered in regional growth analyses conducted by SANDAG, as contained in its 2004 Regional Comprehensive Plan, and in demand projections by the CWA as contained in its 2003 RWFMP. The Project will not supply water in excess of what is already anticipated to meet future projected needs. The Project will not cause significant direct growth-inducing impacts. However, City recognizes that replacement of imported water supplies with locally produced desalinated water supplies could have the effect of making the imported water supplies that are displaced by the desalinated water supplies available for other use. Determination of the specific potential indirect growth- inducing effects outside of the Project's service area would require speculation that is beyond the scope of the environmental analysis for the Project. Therefore, City considers the possibility of indirect regional growth inducement a potentially significant effect and finds that there is no feasible mitigation for this potential impact. 5.0 FINDINGS REGARDING INFEASIBLE ALTERNATIVES Because the Project will potentially cause unavoidable, significant environmental effects, as outlined above, the City must consider the feasibility of alternatives to the Project, as proposed. The City must evaluate whether one or more of these alternatives could avoid or substantially lessen the Project's unavoidable significant environmental effects. [Pub. Res. Code § 21002] In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both mitigation measures and alternatives when contemplating approval of a project with significant impacts. Where a significant impact can be mitigated to an acceptable level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated. [Laurel Hills Homeowners Association v. City Council (1978) 83 Cal. App. 3d 515, 521; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal. App. 3d 692, 730-731; Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal. 3d 376, 400-403.] Accordingly, in adopting findings concerning Project Alternatives, the City considers only those environmental impacts for the Project that are significant and cannot be avoided through mitigation. The Final EIR also provided a comparative analysis of impacts related to other issues for which impacts were determined to be less than significant for the Project. These Findings discuss alternatives only in CEQA Findings of Fact 55 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact the context of those impacts that were determined to be significant and not mitigated (cumulative impacts on air quality and indirect growth inducement outside of the Project service area). The Final EIR examined a reasonable range of Alternatives to the Project to determine whether any of these Alternatives could meet the Project's objectives, while avoiding or substantially lessening its significant, unavoidable impacts. [CEQA Guidelines § 15126.6; Final EIR p.6-1] Pursuant to CEQA requirements, the City, as the CEQA Lead Agency for the Project, conducted a comprehensive Alternatives identification and selection process. Four alternatives were determined to have the potential to meet most of the Project objectives, reduce impacts when compared to the Project, and/or be potentially feasible. The four alternatives examined were: • Alternative 1: No Project/No Development Alternative • Alternative 2: Alternative Site Alternative • Alternative 3: Modified Intake Design Alternative • Alternative 4: Reduced Project Capacity alternative These Findings examine these Alternatives to the extent they lessen or avoid the Project's significant environmental effects. The City need not consider the Alternatives with respect to the Project's environmental impacts that are insignificant or avoided through mitigation. The Carlsbad City Council hereby makes the following findings regarding the feasibility of Project alternatives. 5.1 "No Project/No Development" Alternative 5.1.1 Description Under this alternative, the Project would not be adopted by the City of Carlsbad. Existing conditions on the site and existing operations within the POP area would continue - Fuel oil tank #3 would remain and the EPS would continue to operate in its current condition. Regional planning for a desalination plant would likely continue under the No Project/No Development Alternative. The "No Project/No Development" Alternative is not feasible because it fails to meet Project objectives related to providing a local source of potable water supply to supplement imported water supplies, improving water supply reliability, or improving water quality for the City of Carlsbad. / 5.1.2 Supporting Explanation The No Project/No Development Alternative would consist of continued use of the existing EPS with no change to existing operations within the POP. No cumulative impacts to air quality, or CEQA Findings of Fact 56 May 3, 2006 and Statement of Overriding Considerations ^ EIR 03-05 - PDF and Desalination Plant &> "7Q Findings of Fact indirect growth inducement would occur with the No Project Alternative, however, this alternative does not meet any of the City's objectives for the Project. 5.2 Alternative Site Alternative 5.2.1 Description Based on siting limitations relative to proximity of existing intake and outfall structures, feasible alternative locations for the Project are limited. However, an alternative project location was identified on land associated with the Encina Water Pollution Control Facility (EWPCF). The EWPCF is a wastewater treatment facility owned by the six member agencies of the Encina Wastewater Authority. The alternative site is located within a 37-acre parcel immediately south of the EWPCF facility. The Alternative Site Alternative would utilize the existing EWPCF treated wastewater ocean outfall. However, because of size limitations of the EWPCF outfall pipeline, the maximum product water capacity of the desalination plant would be 10 mgd. Source water for the plant would be piped from the EPS cooling water discharge, or alternatively, a new intake structure would be constructed offshore of the EWPCF. Additionally, this alternative also considers the option of a separate outfall structure which would not provide "in-pipe" dilution. The Alternative Site Alternative would not alleviate any significant unavoidable impacts associated with the Project that can be achieved with the required Project mitigation measures. In addition, this alternative would not provide the capacity of water supply to meet anticipated demand for the local area. Additional or expanded facilities would be required in other locations to meet projected regional supply goals. Therefore, the alternative would not effectively satisfy most of the basic objectives of the Project. 5.2.2 Supporting Explanation The City considered the Alternative Site Alternative as a means of reducing potential impacts associated with the EPS site. However, this Alternative does not provide substantial environmental benefits in terms of impact reductions for air quality or growth inducement, and therefore does not provide a comparative environmental advantage over the Project. The reduced capacity of the Alternative would result in reduced air emissions, associated with construction and operation, but even with the reduction, would not fully mitigate the cumulative significant air quality impacts identified for the Project. Because the facility would have the capacity to produce only 10 mgd of product water, the size of the facility and related construction emissions would be reduced, as would pumping and other operational requirements. The alternative would not provide the capacity of water supply to meet anticipated demand for the local area, and would not effectively satisfy most of the basic objectives of the Project. CEQA Findings of Fact 57 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact 5.3 Modified Intake Design Alternative 5.3.1 Description In developing the design for the Project, a number of alternatives for source water intake were examined to determine the feasibility of options in place of the proposed co-location of intake with the EPS cooling water discharge. The purpose of examining these alternatives was to avoid impacts associated with impingement/entrainment related to an open water intake system. The Modified Intake Design Alternative meets some of the Project objectives but does not provide for superior impact reduction over the Project, and may result in additional adverse impacts to visual and recreational resources. 5.3.2 Supporting Explanation One of the modified intake designs includes the use of vertical intake wells that consist of water collection systems that are drilled vertically into a source water aquifer. The approximate yield from a vertical well would be approximately 1 mgd; therefore the Project would require 100 vertical wells to produce the volume of source water necessary to produce 50 mgd of product water. Siting, construction and operation of 100 wells would not be practical and could result in potentially significant impacts depending on the locations of the wells. Therefore, this design alternative is infeasible. Horizontal intake wells were considered as another design alternative. Such wells comprise a caisson that extends below the ground surface with laterals extending horizontally in multiple directions into the surrounding aquifer. Use of such wells for the Project would require location of the wells along the beach to access ocean water. These wells have an output capacity of approximately 5 mgd. The caissons would house the pump mechanism, and would be approximately 10 to 15 feet high by 15 to 30 feet in diameter concrete structures. Approximately 25 of the wells would be required, spaced a minimum of 400 feet apart (lateral length would be approximately 200 feet). Siting of 25 beach wells along 4 miles of the Carlsbad beaches would likely result in significant immitigable impacts to visual resources and recreation. In addition, temporary impacts to biological resources would also likely be significant. Therefore, this design alternative is not feasible. Infiltration galleries consist of a trench that is excavated and filled with filtration media, similar to filter media used in water treatment operations. An infiltration gallery 4 feet wide and 500 feet long would have a capacity of up to 2.5 mgd. For the Project, the infiltration igallery would need to be sited along the beach to access seawater. The estimated depth for each well would be approximately 30 feet, over an approximately 4-mile stretch of beach, requiring the removal and disposal of extensive quantities of earth material and resulting in -potentially significant temporary impacts to biological resources. Because of these potentially significant construction- related impacts, this design alternative is not being considered. Since the Project does not result in substantial losses of marine organisms due to entrainment, and because of the infeasibility and/or significant temporary and permanent impacts resulting CEQA Findings of Fact 58 May 3, 2006 and Statement of Overriding Considerations - -• r"Y_ EIR 03-05-PDF and Desalination Plant ^ \<r Findings of Fact from the design alternatives that are available, the co-located EPS intake is the best means of obtaining source water for the Project. 5.4 Reduced Project Capacity Alternative 5.4.1 Description The Reduced Project Capacity Alternative consists of a desalination facility with a maximum product water output of 25 mgd, or half that of the Project. This alternative would meet the minimum requirements for the first phase of water delivery identified in the Water Purchase Agreement between the City of Carlsbad and Poseidon. This alternative is considered to be the Environmentally Superior Alternative. The Reduced Project Capacity Alternative would not effectively satisfy the Project objectives and would likely require additional similar facilities to be constructed in order to meet regional water supply needs. 5.4.2 Supporting Explanation The Reduced Project Capacity Alternative would not provide sufficient production capacity to meet planned water supplies for seawater desalination as a component of regional water supplies and additional regional desalination supply alternatives would likely need to be explored to satisfy regional objectives for local water supply reliability. No significant unavoidable adverse impacts have been identified for the Project, with the exception of cumulative air quality and indirect growth inducing impacts, which cannot be mitigated to less than significant levels by this alternative. Therefore, the Reduced Capacity Alternative would not provide mitigation or avoidance of impacts that cannot be otherwise mitigated. The Reduced Capacity Alternative would result in reduced air emissions, both associated with construction and operation, because the size of the facility and related construction emissions would be reduced, as would pumping and other operational requirements. However, the alternative would not substantially reduce or eliminate the significant cumulative impact to air quality identified for the Project. Therefore although the Final EIR identifies Alternative 4 as the "Environmentally Superior Alternative," it does not offer substantial benefits in terms of impact reduction, when compared to the effects of the Project with application of the required mitigation measures. 6.0 FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES / The Project will require commitment of nonrenewable resources associated with construction and long-term operation, including but not limited to, lumber and other related forest products, sand, gravel and concrete, asphalt, petrochemical construction materials, steel, copper, lead and other metals, water, fuels and energy. Use of these resources will have an incremental effect on the regional consumption of these commodities. CEQA Findings of Fact 59 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact Construction and operation of the Desalination Plant and On-site and Off-site facilities will also involve consumption of energy resources, such as electricity and natural gas, derived from non- renewable sources such as fossil fuels. However, the Project will not result in the degradation or destruction of important or sensitive natural resources. 7.0 FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM The City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit B. In the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. The Mitigation Monitoring and Reporting Program will be adopted as part of the conditions of approval for the Project, pursuant to CEQA Section 21081.6 and CEQA Guidelines Section 15097. 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guidelines Section 15092, 15093 and 15043, decision-makers are required to balance the economic, legal, social, technological and other benefits of a project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable." When a public agency approves a project which will result in significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the CEQA Guidelines require that the agency state in writing the specific reasons to support its action based on the Final EIR and other information in the record. To the extent that any significant environmental effects associated with the Project are not avoided or substantially lessened, the City, acting as the CEQA Lead Agency for the Project, having reviewed and considered the information in the Record, and having balanced the benefits of the Project against the unavoidable adverse effects which remain, finds such unmitigated effects to be acceptable, based upon the considerations set forth below. This statement of overriding considerations shall be included in the record of Project approval and shall be mentioned in the Notice of Determination for the Project. 8.1 Significant Unavoidable Adverse Impacts ' The Final EIR identified two environmental impacts resulting from the Project which will be significant and unavoidable. These are: (1) Cumulative Impacts on Air Quality and (2) Indirect Growth Inducement./ 8.1.1 Cumulative Impacts to Air Quality The San Diego air basin is currently not in attainment with state and federal standards for PM10 and ozone. The Desalination Plant will be powered by electrical energy, at least some of which is likely to come from pollutant emitting sources in the San Diego air basin. Accordingly, the CEQA Findings of Fact 60 May 3, 2006 and Statement of Overriding Considerations - —> \\ EIR 03-05 - PDF and Desalination Plant d ' | Findings of Fact Project will contribute to a significant cumulative impact to air quality with respect to PM10 and ozone as well as nitrogen oxide (NOX) and reactive organic compounds (ROC), both of which are ozone precursors (Final EIR, p. 5-9) and there are no feasible mitigation measures that would reduce this cumulative impact to below a level of significance (FEIR, p. 5-9). 8.1.2 Indirect Growth Inducement Although the Project will not cause significant growth-inducing impacts locally, replacement of imported water supplies with a locally produced desalinated water supply could make the displaced imported water supplies available for other use. The City finds that the possibility of indirectly inducing growth in areas outside the area served by the Project has a potentially significant effect and finds that there is no feasible mitigation for this possible impact. 8.2 Overriding Considerations Based on the Final EIR and other information in the Record, the City has determined that the Project may result in significant environmental impacts in the following environmental resources areas: (1) Cumulative Impacts on Air Quality and (2) Indirect Growth Inducement. The City has further determined that there are no feasible mitigation measures that would reduce these impacts to less than significant levels. Therefore, the Project will still result or potentially will result in significant unmitigated environmental impacts. The City, acting as the Lead Agency for the Project under CEQA, having reviewed and considered the information contained in the Final EIR and the Record, finds as follows: (1) All feasible mitigation measures have been imposed to reduce Project impacts. (2) The Alternatives to the Project are infeasible because (a) they fail to provide the benefits provided by the Project, (b) they fail to satisfy the "Primary Objectives" of the Project (as discussed below), or (c) they are otherwise socially or economically infeasible as fully described in the CEQA Findings to which this Statement of Overriding Considerations is attached. (3) The Project will provide a local source of desalinated water for the City and for other water purveyors in San Diego County. This will supplement imported water supplies currently available to the City, improve water supply reliability and water quality for the City and other purchasers of the product water and will complement the City's water conservation and water recycling programs. The project will also increase public access to the coastal area. > (4) Although certain significant adverse impacts have been identified pursuant to the environmental analysis under CEQA, specifically Cumulative Impacts to Air Quality and Indirect Growth Inducement, the City recognizes and finds that the overall benefits of the Project far outweigh these impacts. CEQA Findings of Fact 61 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 -PDF and Desalination Plant Findings of Fact (5) The Project benefits, discussed below, which the City considers to be overriding considerations with respect to the identified adverse impacts include the City's ability to replace a significant portion of its existing water supply, which is heavily dependent upon imported water, with a local, reliable source. 8.2.1 Project Benefits Implementation of the Project will meet all of the project purposes and objectives: The fundamental purposes of the Project include the following: • To provide the primary land use approval mechanism and detailed exhibits for the City's review and approval of the proposed 50 mgd Carlsbad Seawater Desalination Facility to be located adjacent to the EPS. • To establish a baseline for identifying existing facilities and operations on site for the purpose of increasing knowledge and understanding about EPS operations and onsite facilities. • To establish a procedure for administrative approvals that will enable the City to issue administrative permits, building permits and other ministerial permits, establish amendment procedures for the PDF, and entitlements for property owned by Cabrillo zoned P-U. • To provide development standards for the EPS. The specific objectives related to the Desalination Plant include: • To provide a local source of potable water to supplement imported water supplies available to the City of Carlsbad and the San Diego region. • To improve water supply reliability for the City of Carlsbad and the San Diego region. • To improve water quality for the City of Carlsbad and the surrounding communities. • To complement local and regional water conservation, and water recycling programs. t • To locate and design a desalination plant in a manner that maximizes efficiency for construction and operation and minimizes environmental effects. • To increase opportunities for public access to the coastal area through public enhancements and dedications of coastal property. ' CEQA Findings of Fact 62 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact 8.2.1.1 Security of Water Supply: The need for a diverse water portfolio was illustrated by the early 1990's drought, when the CWA reduced water supplies to its member agencies, including Carlsbad, by 30% and was considering 50% reductions. According to the CWA Regional Water Facilities Master Plan (RWFMP), the CWA currently imports nearly 600,000 AFY from the MWD, but is only legally entitled to approximately 300,000 AFY. This makes the region's imported water supply highly vulnerable to water shortages and supply disruptions. The Colorado River is a major source of water supply for California, Nevada and Arizona. California has traditionally used more than its allocated 4.4 MAP per year because Arizona and Nevada did not use their full allocations. Arizona and Nevada's increasing water needs have led to demands that California reduce its usage to its 4.4 MAF allocation. Potential threats to future deliveries of water from the Sacramento-San Joaquin Bay-Delta, such as a severe decline in fish populations, levee instability and a series of adverse court rulings, may also lead to reductions in the amount of water that can be delivered from Northern to Southern California through the State Water Project. The Project will allow the CMWD to purchase 100% of its potable water supply needs from the desalination plant, thus providing a secure, local water supply that is not subject to the variations of drought or political and legal constraints on water supplies. (Appendix B to FEIR, Sections 1.2 and 10.1) The Project will provide water supply redundancy for the City, strengthening security and reliability of water supply for residents and businesses. The CMWD will maintain its membership in and right to purchase water at the CWA, while receiving 100% of its potable water supply needs from the Project, thereby creating a redundant supply of water available in the event of catastrophe or unforeseen circumstances (Appendix B to FEIR, Section 13). The Project will add approximately 21,000 AFY dedicated to CMWD, thus replacing its current supply and increasing the reliability of CMWD's water supply. 8.2.1.2 Reliability: The Project will provide a reliable water supply for 30 years with two possible 30-year extensions. (Appendix B to FEIR, Section 2.) The City is protected from shortfalls in delivery under the terms of the Water Purchase Agreement. (Appendix B to FEIR, Sections 9 and 14.) 8.2.1.3 Improved Water Quality: \ The Project will provide high quality drinking water that will compare favorably with the water supply that can be purchased from the CWA. The project will deliver a drinking water supply to the City that meets all State and Federal health standards, as well as provide a reduction in the TDS compared to imported water from the Colorado River and Sacramento-San Joaquin Delta provided by the CWA. The desalinated water TDS will be monitored on a weekly basis and shall not exceed 350 mg/L in more half the samples taken. Additionally, 90% of the samples shall be less than 400 mg/L. The City is not obligated to accept or pay for water that does not meet the quality standards (Appendix B to FEIR, Section 8 and Schedule 8.2.). Imported water CEQA Findings of Fact 63 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Findings of Fact has a IDS of 466-574 mg/L (Metropolitan Water District 2005 Water Quality Report for the Skinner Filtration Plant). 8.2.1.4 Economic Benefits: The Project will provide City with desalinated water at a predictable and reasonable price through the long-term Water Purchase Agreement, which sets agreed-upon water rates. (Appendix B to FEIR, Section 3.) The Project will generate up to $2.4 million per year in increased property tax revenue. Because the Project site is located within the South Carlsbad Redevelopment Project, an estimated $2.0 million per year of the tax revenue will be allocated directly to the Redevelopment Agency. (Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement) The Project will also generate up to $2.9 million per year in increased business tax revenue. 8.2.1.5 Public Access and Coastal Act Consistency: The Project will advance the goals of the South Carlsbad Coastal Redevelopment Plan and the California Coastal Act to develop new beach and coastal recreational opportunities. The Project is consistent with and includes elements specifically intended to advance the goals of the State of California and the City related to the protection, maintenance, and enhancement of the overall quality of the coastal zone environment, while maximizing public recreational opportunities along the coast. The Project will achieve the South Carlsbad Coastal Redevelopment Plan goals to enhance commercial and recreational functions and increase parking and open space amenities in the Project area. The Project will dedicate several acres of ocean and lagoon front property to the public to enhance public recreation, open space, provide opportunities for the City to develop future public parking, and provide area for additional marine research and aquaculture. Further, a condition of approval will also enhance recreation through the dedication of an easement for the Coastal Rail Trail. The Project includes public dedication or deed restriction of ocean and lagoon front property including: • Fishing Beach - An easement for this site, along the shore of Agua Hedionda Lagoon and next to Carlsbad Boulevard, would be dedicated for public recreational and coastal access use, including public parking. • Bluff Area - The Bluff Area, located on the west side of Carlsbad Boulevard and opposite the Power Station, is proposed to be dedicated in fee title to the City for recreational and coastal access uses. ' • Hubbs Site - The Hubbs Site, along the lagoon north shore, consists of the land between the existing Hubbs Seaworld Research Institute and the railroad tracks. The site is proposed to be deed restricted to uses such as a fish hatchery, aquatic research, and trails. CEQA Findings of Fact 64 May 3, 2006 and Statement of Overriding Considerations EIR 03-05 - PDF and Desalination Plant Q*-j £^ Findings of Fact • South Power Plant Public Parking Area - An easement for this site, along the east side of Carlsbad Boulevard and near the south entrance to the power plant, would be dedicated for public parking. These areas are currently being surveyed to determine precise acreages for each of the areas, as shown in the PDF. 8.2.1.6 Positive Economic Impact on A bility to Attract and Retain Business: The Project will create a drought-resistant, reliable water supply for the City of Carlsbad that will provide the stability necessary to attract and retain high-tech and biotechnology businesses which are dependent on a reliable water supply for their research and manufacturing processes. These businesses provide high skill, high wage jobs in the City of Carlsbad that enhance the overall economy of the community. The Project will provide an extraordinary benefit to the residents and businesses of the City by generating approximately $2.4 million per year in property tax revenue, 85% of which will remain in the City to support schools, municipal services, and the Redevelopment Agency (Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement). Among other things, this revenue can be used to support the proposed public improvements identified in Exhibit C of the Redevelopment Plan. Additionally, the Project will generate substantial tax revenues that will go to the general funds of Carlsbad and other San Diego County cities to support police, fire, health, welfare and transportation. Good public services help to attract high quality businesses. The City finds that the foregoing benefits provided to the public through the approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project that cannot be mitigated. The City finds that the Project benefits outweigh the unavoidable adverse environmental effects identified in the Final EIR and therefore finds those impacts to be acceptable. CEQA Findings of Fact 65 May 3, 2006 and Statement of Overriding Considerations EIR 03-05- PDF and Desalination Plant Q ~7 °\ EXHIBIT "EIR-B CITY OF CARLSBAD RESOLUTION NO. ii CALIFORNIA ENVIRONMENTAL QUALITY ACT MITIGATION MONITORING AND REPORTING PROGRAM for the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 03-05) (SCH No. 2004041081) PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT PROJECT 1) O § a .£ -=s5-S&1., T-I u 1- 0> • u ^5 S -S. „ a o •o .a CQ . fa O <SSD O3 111 UJ U. U z -" S s P OO 1•i r^' n^^ •y ••-St 3<s OQ Q-, . CO• --Z•,. " o -a.CO *MITld^o *€ O en Jj c = -c 'S § J2 •= ^ 00 •- ^ 10to O >• ^ ,-> en to" o-ti cr .^ o •2 jo QJ CL CD CL en ^» '^ ^c o £ -t=~o L— to •c -pf 'tora jj c: CJ> g £S"o tr 1~>^ ro •~~ CDC_} ^-\ 15 cu'o_g g^ cn.c,2"co -1— £ >-, "*~* 'o '> c 1 — - *~~ c5 25-g §-|_1 c S § •S CD "§ TO CD 0 "^"CLg ^ o S-Q.— -^^"S g_.t± a. l=g-»||i |1° 8 Iplflllf 1 Replacement planting for trees that are removed alongbe provided to screen views from the rail line towardsplant species, quantity, and size shall be in keepingCarlsbad Scenic Corridor Guidelines, City Landsvegetative character of the Agua Hedionda Lagoon to tare compatible with existing vegetation. Planting shascreening when mature. Verification of the adequacywill occur through City review and approval of the projiproject landscape plan shall also be sent to the Northreview and comment to ensure that replacement plant!hazards.COLU "o ep ^5 O ^ o 33 CD •" .2 ^ to O ^ -jg CL. s.i'.-s j 1 y 'c: •— CD ^ caCL o> o_ o8 *° "c>-, CDrs E c*— ' -^ CD j_r co ^-2 §-tr 1^,1 o I §? .5 Q_ ^ C-> "O CQ2 co "to to c:c: ~ coo coO O y,- -0 CD CD\^f c. -d -dc co 1— — • S -*: ^ C 5 -Q CD ~§ "o ELrg T3 -5 CD ^OCZ r- CL lilf•~ - -a > .2 Desalination Plan exterior mechanical equipment andheating, air conditioning, refrigeration equipment, plum!transformers, shall be screened from view on all sidesdesign and material used for screening shall be architecbuilding.CN CO UJ "5 en 55 CD •= >O ^3 CD ^^ C :== -C COCO ^ CJ I—§ ^3 •= U= co i— a toto O >• ^ o g'iG y ^ =5 'E ° -8 2 o5Q_ en CL .$• *~**^~. 01o c "" i — IIIo ^~<• ^ "ei t:<-> ^ CO 0 J" S"•r~! U- i*~\"o co t-J ^> Oi= u_« 0 o CO CD -0 CDC 0 C J=•J3 co ro -" -S ^ o, i5 cl c " "co •§ 1 -2 "§ CD CD "5 0 ®.-is 1 0 *i £= £co c: OT ,rt~C3 TO ^ " J CO ^"~ . n, 0 "^ "«f£ -^= to B C "" Eco = ca roc — CO ^~ CD •— CD <u ^ _E "en * ^ c '•= __r CD d-03 TT1 C i •O *•"* ^~ »— m "O CDO. > <uj o ^ 0) "o -^ C r3 O> Q-QJ ,-j -*^ Q>x CD 2 a:d) Q-~O H5 03 <U <Wf— J~t _Q L-J^S 03 CO "S "° C O ™ C ^ 1 — O 03 '07 PO CO UJ Q. £<<$5i S-si-o . UJ U. OO Z II\- Oo o io "<CD O. CO oQ. CO . .UJ .MITIGATION MEASURE-d .S -r CD i s E CO CD 0 .N g => o '5 '1 0 § 01 to g § o^jf 05 0 »-•— «_"ro o .-= IS "> o .22, -o"-§,2g,2 • -a -a £ g -g 0ca . ca - .— ro _ >^ c « co o 5« ro 5,-ci e CD§• | 8T - -S _J ca co s- "5 enco O =• ^ ".-, en co" o ill8 Q_ CO Q. >•> CD3 E i_- co O CL 1 =31c _ca S °-O "O=! COi= -Qco enc= -c:o coO O =2 g>fe fffip w CUt CD .;=2 s Q ?, =g S S^b ">en encrco all bew. Plthe City PlanningreablicedConstruction staging areas within the POP areaview or located in an area away from direct publicCO reening shall be submireview and approval.scrarea locations andhis/her designee fo-2 „ "o o ro ^ *^- ^^S ja 5 ^ Hl|3 °- 9- B _co D_ •£ "S SCO tr-Q -eJ2 co o go D100 C=5= 8 S §8-.2»'-0 CDCO-D-Dc-OCCDra .'-5—D.D. lo oi- .£2g SS S • V)UJ en fe O .E > o•a CD ~ o g2^ 2 ^ =5 "E "^ •i 2 a5 ^O_ en Q. o Q- oo >—111 •S -E =ra S °O cr U ~ CDO Q . 'CO - CO Q "Q. liro CD .S £ -roCO_ CDE -o 2, CD ,_ -Q .2 §1.J= 0.*" CO g 8 <D >, u To cvi '4=3 CDCO CZ (OC CO CD 2 oi> D.•5^0m co Q- ro -i2§ .s- gpco E -S-5 ».-2 1 fe £ f ° 1 o 1 co ™ §"1- ^ E -a go TO- O co g>ffi % S **— "c ^ T~J "m c S £ <5 g co 2? ±i V00 „ >» T3 CO 25 to8.3 ro >3 coo § 9= 8 ^ S 'Q. p _ °lllli ^ra "E to uj -2 Q.M- 0 J5 J= .E CD O _ -o .•s a 1 1 c ~o en.2 S ro ">ra .!» g 3en — •£ CLS co J2 ^ •8 0o: oca .i S CNIDO XT t3(U' QJa _ro D. "ccu a._o <u>0a . , ' *, -.. t i^ < CD Q E HI .u. Oo z 5 r?£ E 1"™" ^J o iofc.z i£in oi_i <CQ a. CO '~Z- ..'" , ,:'''co'r~s ,; ' '•• .: ' ; •: : •-: MITIGATION MEASURED' • • , ;\ ••• + .'. '^M£$'i£initoring, and long-term preservation. Restoration of uplands shall becussed in an Uplands Mitigation and Monitoring Plan which shall, at alimum, include discussion of impact assessment, recording of pre-istruction site conditions, post-construction site preparation, planting,gation, five-year maintenance and monitoring, and long-term preservation,ese measures will reduce significant direct effects identified in Section 4.3-4a level less than significant« .« •= o •£ £ 0E: TD cz o .i= h- £2 "6 £ ra -|_ o »-t— f—Q. SQ. ¥co E p > •i °-CL .E l~i « CO "O rn /• r\ ^IT ~!M (/^r— CO CO ^>> TO rt= '~ ^"^ ^>. .*^ Q» O "O *— "O O "7^ "£5 " .2 cu (5 "> Q- co | § S of 0 •^ o E °° " O ° Q. ~ <% 1" Q 5 < CD CD — - ^o -c" ro 2 "c o -§"T O -^ S- '-•= CD > OJ T3 S O>^ "O CO £*^ CO "t^CO CJL .—£ -s 8 ~CO O COCD" ~ ro -~> ro >- -°O ?= CD COJZ1 ±= C ^= 5 g> 1 .-§ pi !i c CO 5 C CDO CO O CO"•*-; __ O> -^3 CD "c - — - ° 05 -§ =:CD j_ j- CO tl CT — .Q "o "ro Q. co -g g "co -0 CD jr j= .?£,• — _O5 ^- no o) O) o' ^ '"F CD "~ 2 2 °- o -^- o ^ ^ "^ -c 2S- w . . <vom •sl^ -— en ™ ? > ra E '= S0 -^ CD = •§ « § °Sl?§§i§•1111°n Q_ t/3 .i ~ ° "c ^ c3 03 ™ ^ "o -o — co•— Cu O fii '5) S "0> "0 "§O o CD -t: .y"o o ce s "Q-' ^^ O ci_ -Q "co § ^, •§• ^2 ro" ^ ^ 0 5 0 reel impacts including dust, soil erosion, pollution, siltation, and runoff shall bejced through implementation of construction best management practicesIPs) and implementation of an approved SWPPP. At a minimum,lementation of these practices shall include the following.Placement of stockpiles of soils and materials such that they cause minimalinterference with onsite drainage patterns.Hay bale barriers or gravel bags shall be placed along areas of exposed soilto help reduce sedimentation during grading operations.Placement of a silt curtain or other drainage control device aroundconstruction areas shall be required to protect natural drainage channels fromsedimentation.Any dewatering that is needed shall be conducted in accordance with thestandard regulations of the RWQCB. A permit to discharge water fromdewatering activities will be required.Use of paved roadways or designated staging areas (existing developedareas) for all equipment and vehicle refueling and maintenance.Implementation of dust control measures such as watering.Temporary fencing of the limits of the construction area with clearly visibleorange construction fencing.!"§£..!" • • • . . •• 6 m OJcoo Q.OC _ 'o CL J5 CL- 0) Q CD O. ^a>sQ 'osCL COOoCN £•CO 'oi z*32 <C;O 5 E . '» U-O /n ^t11POo o ".'•• *=';,••f^ '"* •5 i", * 5 •: _l <m a. OT i 0 " to* " UJ V) 111 zo a • Temporary fencing of the Nuttall's scrub oak population located adjacent tothe work area and northeast of the intersection of El Camino Real andPalomar Airport Road to avoid impacts.In order to assure that these measures are adequately protecting adjacentbiological resources, construction activity shall be monitored by a qualifiedbiologist familiar with the sensitive flora and fauna of the area. Biologicalmonitoring shall be of a frequency and duration necessary to reasonably assurethat indirect impacts are minimized. This shall include implementation of acontractor education program, verification of proper construction andmaintenance of staking/fencing, full-time monitoring of vegetation removal,periodic monitoring of construction activity adjacent to sensitive resource areas,and reporting of contractor compliance and impact minimization measures on amonthly basis. These measures shall ensure that indirect impacts on vegetationcommunities, including dust, erosion, sedimentation, pollution, siltation, andrunoff are reduced to level below significant.O en" "to cois-fi {— Q_ CDCO £ O CD-*-• >*— Oi.t en- to en CD-CD ~O jt± eno c: en ?? S§>ojS ~o "^ ~ci_o> ci §- "o "3.92, j§O en O tn gj co •o c: "c/5il| CD g c o % | CO „ "5^ §>«CO roc en O) CO ~3 ~%. 182^Q O J3 8^^ _ CD-Bto c to•53 •= a § S g 000) § el "o c= oCO '.£=Q. 0 CDess•— en .en ~ -Q 0 g- ,_ TD *-o .2 c= >••*- co <|j to •p-i 7±i ^~ f> 1 «^ ^CL -° "o cn= CD_ =3 1 — en Q_ e •ir 6 m o g= § CO JO '-Q o 3-2 Q. ^ "en0. CD cto g O ^ CD ° 5 |.-i ol E -a CO-^- jo en eu -g ro. ' CO CO ^ O tnCL r. ~ 4_-^ > CD en „, -a -Q CD CD f= COa ••= to .0 -Q "o a,- "3.CD • - "0 S-c -;~ ™o to ^.aj_"o to (X g 08 The potential short-term increase in noise related to construction shall bemitigated through avoidance of construction during the gnatcatcher breedingseason or maintenance of noise levels below 60 dBA Leq at occupied nestlocations if construction takes place during the breeding season (i.e., February15 through August 15). The maintenance of appropriate noise levels shall beconfirmed through protocol gnatcatcher surveys to determine presence of allgnatcatcher within 500 feet of project construction and noise measurements atnest locations during peak construction activity by a qualified acoustician.. . 6 CO 0 g co ^5 o , . o Jp CO £ -2 >T^ oo ^ i£ .i • CD"T3'en cu ro -0 O CL _J~ QJ -Q co "i 3O .!2 "o -a _CD TO O To avoid potential adverse effects from hydro-fracturing that could occur as aresult of horizontal directional drilling or micro-tunneling, the applicant shallprovide evidence to the local jurisdiction that demonstrates that the design of thedrilling operation provides sufficient horizontal distance and depth from sensitivehabitat areas. Information provided shall provide appropriate engineeringcalculations to demonstrate to the local jurisdiction's satisfaction that surfacerupture will not occur within sensitive habitat areas.. . 6 CO INtoO aa: a>'a1 0. roencuQ cuQ cuto 'ocua. o CN fe-et)3ceo nil < O Q S Q 55 Z O LU LL 0O Z 03; II 1- O. . ...p .-. o \- . " 55:2Zo, s_ HJ Ql m a. CO ,-zO1*1 . [ COUJ•• te. LLIa: CO 1 0 o1— E c -— -Q CT3 *o" -£J ^ Q. °- § a0 § E 5 ™ CT O3 Q 2 o 05 •- •c: 13 c<D ~> " ro = -§=§. c§ <"m -5> 2 -a"S .S c <=j§ o: § to CO <D -~*O^ ji ^ a "° 5 a IB•2? §" £-5 a The operator of the desalination plant shall continuously monitor thedesalination plant and EPS discharge flow rates and salinity levels. Theoperator of the desalination plant shall on at least a semi-annual frequencymonitor and conduct testing to measure and evaluate the combinedEPS/desalination plant discharge for compliance with Ocean Plan acute andchronic toxicity requirements. The operator of the desalination plant shallmaintain records of the monitoring results to ensure compliance with OceanPlan criteria and EPA guidelines. All semi-annual monitoring and testingrequired by this mitigation measure shall be summarized in a report andsubmitted to the RWQCB within 45 days of completion, and any noncompliancewith Ocean Plan acute and chronic toxicity requirements shall be reported to theRWQCB. Such monitoring results shall be available for inspection by the City ofCarlsbad and the RWQCB. Should the RWQCB adopt a permit requirement thatis intended to provide equal or greater protection to the marine environment, thePlanning Director is authorized to amend this mitigation measure to conform tothe RWQCB order.6 CQ oy o<00>EC 1 X- 0 *5 a? C £ 2 '*-' ^ E -*-"* £ ^-^ ^ g;o5|2 <l> c':g-§.o S|sll f-jrl o2c-— £R2 n" E = 1?"- .t -o 3 -g gj_ . _ .^"O U)CO O-Q "5« s ro "oH<o ,2r b Where project construction will impact cultural resources that have beendetermined to be significant, mitigation shall include either avoidance, or ifavoidance is not feasible, then a data recovery program shall be completed torecover a large enough sample of cultural material so that information ofimportance in addressing regional research questions will not be irretrievably lost.The data recovery program shall be developed by a qualified archaeologist andapproved by the City of Carlsbad.T— In o -2 "ro °5 o <"" c en E 3 "o Q_ O 13 . _ .O •—^jnj*- 2"ocOTju | IE | .f 1 1 | o'^nS^^'^CDro Q_ D- ^ o a) £ <f E ° .c: tu" 'OT £> "in o 2 HI0 £ c « -o~ ° n?TO "o '-Q c-Q .9i 3 <o "= ° ~« ^ O ^ o °•<— JS O ~ "^ S .9i, •— cz £<— ' ro D_In cases where the precise alignment of the pipeline is not available, and thereforethe potential to affect cultural resources cannot be specifically determined, theapplicant shall be required to retain a qualified archaeological monitor duringconstruction so that buried cultural resources can be identified in the field. Thearchaeological monitor shall meet the minimum qualifications as required by theCity of Carlsbad. If significant resources are identified within the areas that couldbe affected by construction, the resources shall be tested (pursuant to themitigation measure CULT-1, above) to determine significance with appropriatecvi H- 13 O s8•<»• Q.Q: I o" Q. JO CL- IO !/>0)Q Q. "c0) CL i 0) Q. CMe-(0 08 "J 0 o i**j '•,_» ^^ £^< o 5 s °™-8 . '• • •'. •• 'iii,11. O Q-Z. C3 S•z. gi K= O O o ' • 1o o >. iu.2£«j ^ CO CL ' VJ /,- o .CL . CO MITIGATION MEASURE >._ 05 S'-i"o .2CD. "P _? 0-o E TO mitigation measures employed as necessary.I Monitoring Program RequirementsI s-~ ro CO «% £ "— t/5 2 S .3 co If CD .S-Q .c: 2 "ro o .9. Q- CDO5 en o ^3 Q co E 05 -a "3 -ji <i>5'o- 05 £_ £_£ .1 CO!iz 1 evaluation is precluded and specific mitigation cannot be determined a'M .E" i_ 'E=1 O 8 E 1 For these sites, a monitoring program is required if construction is to 0'| or adjacent to the cultural resource site. Components of such aO5CZ JD g CD Q Q5 05 :3 ~o ECO O50 CL.Prior to Preconstruction (Precon) Meeting05 ^ CZ-£Z ~ CO O5 ^ CD ll1 Planning Department (PD) Plan Check: Prior to the first Precon MPlanning Director of the appropriate jurisdiction or his/her designee :that the requirements for Archaeological Monitoring and Nativeco "oZJ "35cz cu"eg cL0 a.Q.CO CD £ cro -o "o czcuCD_Q co _0>~ COo "5.0.CO cz cz~ CD 11E -o § o-2 O o -rj "55 O5 'aJ Submrt Letter of Qualification to Planning Director: Prior to the fiMeeting, the applicant shall provide a letter of verification to the Planniror his/her designee stating that a qualified Archaeologist has been i1 implement the monitoring program.C C -t± O5 CO ' CO§o> cB .S «_ -E gju c -c o „ 3 JD. J2 o..g g ^ |Records Search Prior to Precon Meeting: At least thirty days prior toMeeting the qualified Archaeologist shall verify that a records searchcompeted and updated as necessary and be prepared to introduce aninformation concerning expectations and probabilities of discovery durintand/or grading activities. Verification includes, but is not limited to, aconfirmation letter from South Coast Information Center or, if the searhouse, a letter of verification from the Archaeologist stating that the scompleted,15o> 0oo> IX ro o c.CO 05 "Ecz "§> -Q g CL i 15 §o co>33 j o CNI g ^• CL K t;05'o1 CL "cJO CL-J 0)Q jo Q. 05 Q. 05 Q 05 CDOO CN "St'iii o 2 Ul < S o 0 55 • J ' i ' , "I** in j-.< O5Jasz o ~sf UJ U. 0O Z 1 s1- Oo io 111 0£Ij <m Q- V) " O UJa: s. UJa; O O1— E requires monitoring, the Applicant shall arrange a Precon Meeting that shallinclude the Archaeologist, Construction Manager and/or Grading Contractor andPlanning Director or his/her designee. The qualified Archaeologist shall attend anygrading related Precon Meetings to make comments and/or suggestionsconcerning the Archaeological Monitoring program with the Construction Managerand/or Grading Contractor.Identify Areas to be Monitored: At the Precon Meeting, the Archaeologist shallsubmit to the Planning Director or his/her designee a copy of the site/grading plan(reduced to 1 1x17) that identifies areas to be monitored as well as areas that mayrequire delineation of grading limits.During ConstructionMonitor Shall be Present During Grading/Excavation: The qualifiedArchaeologist shall be present full-time during grading/excavation native soilswithin or adjacent to a cultural site and shall document activity via the ConsultantMonitor Record. This record shall be sent to the Planning Director or his/herdesignee, as appropriate, each month.Monitoring of Trenches Will Include Mainline, Laterals, and allAppurtenances: Monitoring of trenches is required for the mainline, laterals,services and all other appurtenances that impact native soils within or adjacent toa cultural site one foot deeper than existing as detailed on the plans or in thecontract documents identified by drawing number or plan file number. It is theConstruction Manager's responsibility to keep the monitor(s) up-to-date withcurrent plans..Discoveries: In the event of a discovery, and when requested by theArchaeologist, or the Principal Investigator (PI) if the Monitor is not qualified as aPI, the Construction Manager (CM), as appropriate, shall be contacted and shalldivert, direct or temporarily halt ground disturbing activities in the area of discoveryto allow for preliminary evaluation of potentially significant archaeologicalresources. The PI shall also immediately notify the Planning Director or his/herdesignee of such findings at the time of discovery.9CN8 ent Plan and De=,alinaticn P,lant Project MMRPEa.o cu cuQ cu01'o ffi Q. 01 JWHK CN >*to13Cen llv'til fn '~^**O iy ijj Cj ° S 5 j < o 5 s 9 to = 0 , * . • in : u. 0O Z f= 0 > O O £ - O !>- IU 2=_J ^CO Q- CO OQ. CO • 111 •LU &• ' tilo; co i o MITIGATIred resourcesresources, aiproved by the;ctivities in thelCD — S" CO> CO CO 8 -§,-0. WCO S CD .Q ? g §.-3 J£ CO fD ,<2 0 1 _g "g d> — - = o0 £= CO S£= CO _d CO 0 £ " CD Ijhll CO O CD O Q! •£ f5 ^ £- g_ 8^ 8'i C CD rv* CO™ J= "- CO g~ <S'^ ^ ^, co E "o -I c °_ E co-o § CD 'CO .3? l!ll oj — _ o3 "S 2 CD -2^Q "co o: o resume.S _g £-CD>O CO *6 CO co =:c ra 1| £ 'o CD c e//ne Projects: For all projects:procedures related to the evalucexcavation for pipelines.f Discovery Process for Pipsummary of the criteria and |iral resource deposits duringu ^ .£ ro — S .« 0 -a CO SO 51>N \rchaeological Monitor shall notilignee, as appropriate.•dination and Notification: ilanning Director or his/her desO CD 0 5 CDJ= "o :>,cr •** ro '55 £o -^a Sma// Cultural Resource Depize both in length and depth; and,limited and is not associated vria Used to Determine if it isThe deposit is limited in sThe information value is•£ 'CO co jci CDJ2 "co ^ ""OQ- CD"jres/artifacts associated with the <on and photographs, if availang Director or his/her designee.resources; and,There are no unique featlA preliminary descripti<transmitted to the Plannicj -ci -ac. c= "5COc=3 the Planning Department for codeposit.nformation will be forwarded t<nation that it is a small historic£? ~ i — > D5 CDC ^ _g tn S TOQ. CD E 1 — ni , curation and reporting:a small historic deposit to reduc<jvel of significance.edures for documentation:titutes adequate mitigation ofcavation activities to below a leO CO >?O c= CD <£ 8 -S CD CD en _c= 'feja j= c= o °""" 'c 5 en To o g S -i •« g "o S j= .9? 55 o "E 1 ="§ 1 i thin the trench alignment and \iclude photographic records, plaewalls, recovered, photographedi.eposit within the limits of exca1t shall include a requirement fornity.I'^llllll — •'jS cu"a*c5ic;i2 c -.El-fe^l^g03 Q_ "^ "O _Q Q* O 'o cun3"ro ^-^c^ ^ c — ^— L_ i i ~~iss i -g ra -co1 u- -5OOCZ-CJCD=CD>NoocDc=-c:5-£=c=t— -o i= CO 1 — ? h— CO CO -Q O 0 CNcoo Q. ^ (11 Ian and Desalination fj'lant ProjiQ. C.cuEQ. 0 CU CUQ cuCO '0cuoi 0 JMJJI' CDOOCN £>CO^cCd—3 s! LU Z<E oo 55 -I-V • ' • •; ' Z z S of 5o^° LU 0O Z |S i= O 0 o Eot 0 >_ m o- V)•ryf 1OT MITIGATION MEASURE -;;COCD CO "co.g cz "coJ= "ro to _*; O -o"cu S8CO T3 CD ro COc'ra cu cro ZJ.c <0 'ro 0o: ^reS3 O"5 CT>oLO OCD W. cu•g0 to 0 OT fc_ >rj oo =to .0 CD *• ro O - — * 1 S TO Is- I »^ CO o » 0) O £ "ro S^ to —fu ro -a X S SO CO Q-tO c: c:ra ro cationArchaeological Monitor shall notify the PI, CM and thePlanning Director or his/her designee.The PI shall notify the County Coroner after consultation,work and isolate discovery siteCM/ the Planning Director or his/her designee, as appropriate,stop work immediately and overlay adjacent human remains until a•mination can be made by the County Coroner in consultation with'1 concerning the origin of the remains and the cause of death.The County Coroner, in consultation with the PI, shall•mine the need for a field investigation to examine the remains and)lish a cause of death.If a field investigation is not warranted, the Pi, in consultationthe County Coroner, shall determine if the remains are of NativeSg Q.=55<-1_ CDTO.C Z ^""~ CN1coT~"I=-a-^cg-a CD °° 3 CO -Q rican origin,man Remains are Native AmericanThe Coroner shall notify the Native American HistoricCommission (NAHC). (By law, ONLY the Coroner can makeCU =3 § *— " cj this call.)NAHC will identify the person or persons it believes to be theMost Likely Descendent (MLD).CNJ The MLD may make recommendations to the landowner or PIresponsible for the excavation work to determine the00, 'treatment, with appropriate dignity, of the human remains andany associated grave goods (PRC 5097.98).man Remains are not Native American-p COo •« CD £ 'o Ecu "ocr -a ro 0X •z. CD "o "roro -c 8| "ro ~jj to 2 51 JD ( — o ^~ cu CD_Q COsCD "53 S3 CO otos. o 0 1 CD i X C ^^ ^^ ^ CsT The MLD may make recommendations to the landowner or PIresponsible for the excavation work to determine the treatmentS Q-, CDO OCM £>ra «je LUiOQ J3 o ?iu"^ 1— Z21 - » .-•;' '• L* M .„ i5 Z li.O ^ R f;r 5Ot= LU m COzOQ.coLU 1 | O0 LU O Z' Q. Oo t "a £ CL m CO LU E O "Sco1— E So" enoin OCC COcr 'co cu czCO CD (4) If the remains are of historic origin, they shall be appropriatelyremoved and conveyed to the Museum of Man for analysis.The decision for reinterment of the human remains shall bemade in consultation with the Planning Director or his/herdesignee, the landowner, the NAHC and the Museum of Man.e. Disposition of Human RemainsThe landowner, or his/her authorized representative, shall reinter theNative American human remains and any associated grave goods, withappropriate dignity, on the property in a location not subject to furthersubsurface disturbance, IF:(1) The NAHC is unable to identify the MLD, OR the MLD failed tomake a recommendation within 24 hours after being notifiedby the NAHC; OR;(2) The landowner or authorized representative rejects therecommendation of the MLD and mediation in accordancewith PRC 5097.94 (k) by the NAHC fails to provide measuresacceptable to the landowner.on of Completion: The Archaeologist shall notify the Planning Director or his/heriin writing of the end date of monitoring.CO QJ S .£? ^> CD < T3 structioncoo •4—1enoQ.and Curation of Artifacts and Letter of Acceptance,c cCOa:The Archaeologist shall be responsible for ensuring that all cultural remainscollected are cleaned, catalogued, and permanently curated with an appropriateinstitution; that ~a letter of acceptance from the curation institution has beenCO submitted to the Planning Development; that all artifacts are analyzed to identifyS 8 i— Q5 ^ CO •& CD C?I.15 .H CD Q. o| >-. 03I'gQ-CO CO Ol COO O3 11j= ~cf TO ."I §1'•§ 3a co •S E appropriate.Curation of artifacts associated with the survey, testing and/or data recovery forthis project shall be completed in consultation with the Planning Director or his/her-d designee and the Native American representative, as applicable. ^ O Q S '*"!*;• - Viuu. O °<z J~ O-Ss "js F= O0 0 , . • 2ot. •"',- s£!ij <m o. 1 •> "f ^p /, •„ ' - - o • ', •- " Q- .,V)LUo:MITIGATION MEASURE ; Vsurts Reports (Monitoring and Research Design and Data Recovery Program)Within three months following the completion of monitoring, two copies of the FinalResults Report (even if negative) and/or evaluation report, if applicable, whichdescribes the results, analysis, and conclusions of the Archaeological Monitoring;Program (with appropriate graphics) shall be submitted to the Planning Director orhis/her designee for approval.For significant archaeological resources encountered during monitoring, theResearch Design and Data Recovery Program shall be included as part of theFinal Results Report.Recording Sites with State of California Department of Park and Recreation.The Archaeologist shall be responsible for recording (on the appropriate State ofCalifornia Department of Park and Recreation forms-DPR 523 A/B) any significantor potentially significant resources encountered during the ArchaeologicalMonitoring Program in accordance with the City's Historical Resources Guidelines,and submittal of such forms to the South Coastal Information Center with the FinalResults Report.§ "TO iC cd xi o-.=o en "GO "55 O co ts?Q_ "o.O), o Q_ to -Q P co 03 " £ >, 0 lualified paleontological monitor shall be present at a pre-grading meeting with thenstruction contractor and environmental review coordinator. The purpose of thejeting would be to consult and coordinate the role of the paleontologist duringnstruction. The paleontological monitor shall have adequate knowledge andperience with fossilized remains likely to be present to identify them in the field,e paleontological monitor shall be adequately experienced to removeleontological resources for further study.^ 0 £ O X -£= CX3<; o fc o cu h- a. *? O § §>,- 1 = •-§2 ~° o c J? .fa 8 .E: £2 CD o 2 03 0 CL E §f o, (U — i - "o Q(D E O O) Oc: E a> 'o1 ro•— ro -^^ t. >-T li 03 c 'en c;jQ -^ £ ^ .0 •^ 03 -fe S tSw E g^ § _g;_ ^ S"^ ^O CLQ 03 § ^^ QJ fl >"C o The paleontological monitor shall be present during the applicable stages ofgrading and construction (including trenching) as determined at the pre-gradingmeeting. The paleontological monitor shall have the authority to temporarilydirect, divert, or halt grading in the area of an exposed fossil to facilitate evaluationand, if necessary, salvage. At the discretion of the monitor, recovery may includewashing and picking of soil samples for microvertebrate bone and teeth. Thecontractor shall be aware of the random nature of fossil occurrences and thepossibility of a discovery of such scientific and/or educational importance whichmight warrant a long-term salvage operation or preservation. All fossils collectedshall be donated to a museum with a systematic paleontological collection, suchas the San Diego Natural History Museum. The City of Carlsbad EngineeringDivision shall ensure the grading contractor is aware of this provision. ConflictsH-i O < o a E LU LL. OOZ z^IsF= Oo o . 5 .-•°t .-'•2£ 2 >• fcLU 0£_l <m o. „ - <a•z , : 2-to LUo:MITIGATION MEASURE ;regarding the role and authority of the monitor shall be resolved by the PlanningDirector or his/her designee.i*iin -ft u ££ c 'CT> §> o E -Q Q.E _<u •£ o> CD r-n 9 • — CD c: _S> g jE § Q-'l g "° i COc '<= tj -2 " sir to n Co .§•£"§CO 0) C=-^ c: oCO £ CDO co en 0 &°- 0 A paleontological monitoring report shall be submitted to the City of Carlsbad.The report shall describe the materials recovered by the monitoring program.up 1 — —1 o jo '3 cre ^^Ol42§0 "5 g5 & lil -a CO ^— > C/3 'o g'S § &ll °•c 2 cuQ_ CO CL CO 05 -g ^ cu ^ •—CQ g»~ XJ LLJ CD 5-g -g^ cB casit "o ^ 5 g- Q To provide a uniform bearing for the proposed facility, the fill/residual soilsbeneath the desalination facility site shall be removed and recompacted. As analternative, all the building footings may be deepened through the compacted fillsoils and be founded into the formational materials of the Santiago Formation, inaccordance with the recommendations contained in the geotechnical report(Geologic Associates 2004).T" 6LUO "to JS> 0-O i • Mm C 0 | £ .1" CD" '55 o> i-iCD oo —O a-^ a. -o" ^TO c/> -Q COcn ^ TOo| "o -oCO C CD CO o A pre-construction geotechnical investigation shall be prepared to addressgeotechnical consideravions related to constructing and operating all of the offsiteproject components including water delivery pipelines, the pump station, andsurge control facilities. The report shall contain all necessary requirements toaddress any adverse soils conditions that may be encountered in final design ofthe facilities. The project will be required to adhere to all such requirements. Thereport shall include a discussion of site-specific geology, soils and foundationalissues, a seismic hazards analysis to determine the potential for strong groundacceleration and ground shaking, potential groundwater issues, and structuraldesign recommendations. The soil engineer and engineering geologist shallreview the grading plans prior to finalization to verify the plans' compliance withthe recommendations of the report. A third party review of the geotechnical reportand final grading plans shall be conducted by the Engineering Department of the,appropriate local jurisdiction (e.g., the City of Carlsbad) prior to issuance ofgrading permits and encroachment permits. Compliance with this measure shallbe verified by the local jurisdiction.tvi 6LU0 rdous MaterialsSrea: "g re "ire a: "*'— z o '• ,,' , LU LL. O O,Z •'-'Z •?= Q_ ' *™ tSi= o ' O • • - • .. ;'-."•• o - :.'" --'i--V fc"1"'•'_ Z '-' i £ . LU 0£I ^fmJ ^^CD Q. CO 2CO 'LUo: LU V) LU Zo "S co" <=0 t= o ro J5 T5> Q_ -^2 ~ j= ro" E § o 0) C_> -*-* S C3>>_ o c O Q/W ol E -o _ ocu o}•a a> -a '55 a t= 5 a> ro £ ca o - S =O -i- O-a" >,^ 0m -•-- O __a <= i= c: ~ro O CL "§ 0 ..-5 J5-- ro ° to °«-£L§ = -0 CD « ro r~ CO TO Is fl3•CCD ro .» ^ ro to" ^2 c^-^ c ro 'zn£= o -^ E "o mitigate the potential for exposure of existing contamination:onstruction of offsite pipelines, construction monitoring will be provided identified as having the potential for such risks, and appropriate acti'letermined by the City's construction inspector shall be taken if such mateiencountered. Such actions may include avoidance or removal of containaterials, or special handling measures to avoid exposure to materials.i — <*j .— **j uj t__ 1 in :S O "& ~CB 'o~ 2.°-o "3 cc T~~•^ CO Q 2 £ — -a "a. <Hcu *— Q Q O ^4_ c§.~ 1 ^0:5-OT|"^- O cu "c o13 ^=0 -Q Q. = o 2? £ 1 S.TO •*- CO o > O CX CO 'n '^ r- "O rX" .'ti T5 r-s _£^ M n accordance with all applicable federal, state and local regulation;lersonnel shall regularly inspect all hazardous materials handling facil;ompliance with applicable regulations and shall ensure that any deficiemjromptly repaired. In addition, the facility shall be subject to regular insf>y the County Department of Public Health and City's Fire Department, wiinsure compliance with appropriate regulatory requirements for ha;naterials and regulated substances handling.— i_i_ i_? wt. -i^r vjv i— i O C^1 m O) O <D -^ >.§-§, ™ H •- "° ° — e/2 o > ^ jo a> o O) t/j" ,_ C "o^•ii c ±; Si: .2 >S 51 E S ro °-•c: K: CD o 5>Q. en Q. o Q.o — -o -2 -a "o ° J5^ §c= ^ ^ co £ <"«- ro O QJ >* HI c: oZ3 irr0 -Q Q. •E^£° 1 co-f ^ |-1§^1.£S a>'-So— "H S1- " "coScu"S<n-gn! oa>S E ro^ "o c^aj^^^'coE \ll hazardous materials shall be handled stored, transported and dispaccordance with all applicable federal, state and local codes and regiSpecific requirements of the California Fire Code that reduce the risk of firjotential for a release of hazardous materials that could affect public hinvironment include:• Provision of an automatic sprinkler system for indoor hazardousstorage areas;• Provision of an exhaust system for indoor hazardous material storage• Separation of incompatible materials by isolating them from each otinoncombustible partition.• location of incompatible materials as far away from each other as pra• Spill control in all storage, handling and dispensing areas;• Separate secondary containment for each liquid chemical storageThe secondary containment shall be designed to hold 110 % of thcontents of the tank. . Adequate storage shall be provided insidebuilding to hold water for the fire suppression system that could be ifire protection for a period of 20 minutes in the event of a catastropiThe secondary containment of the chemical storage tanks located outRO building shall have extra storage capacity to hold precipitation froCO1 J5or CL "c<D CL 0. CDOOCN £•CO IJL* •"* ^M ~" ^^ ^~ ^™ ^(tii i o iE«co 5 sQ55SO til U. OO Z e> ^•z — ' v ^F= O- o * ; . o OL OH™ Z tHI u« —J ^,to Q- co. z - V. 0 .CO "g s pynsvaw Noiivomwyear, 24-hour event.• Use of chlorine in liquid form (sodium hypochlorite) to mitigate concernsassociated with accidental toxic gas plume releases and potential odoremissions from the chlorine storage facility;• Use of aqua ammonia of concentration below the regulatory threshold limit of20 % and amount below the regulatory threshold of 20,000 gallons to mitigateconcerns associated with accidental release of significant toxic ammonia gasplume releases.• All liquid chemical storage tanks shall be equipped with a pressure relief,valve, vapor equalization, a carbon filter vent, and vacuum breaker. Anypotential vapor fume releases from the storage tanks shall be absorbed bythe carbon filter vent, thereby providing an effective odor control for volatilechemicals, such asVnmonia and chlorine.O CJ3 ox O} O <u -E > .£ -5,o 2 °* -5 §^ TO 3 "5 ~° ° 2==3 -° £ •„,- £ ~</)»—> El: ^ o C/3 O •*" 3 yj d> o g5 J2 8 § '2liiiFo "o ^. -O"5. —CD Jg ^— ^ C2 0 v^ Q ~ dco _efCO ^«_ eao a)^, X o -§Each of the liquid chemicals used on site shall be stored in a tank with a concrete!secondary containment surrounding the tank. The containment area shall have a!sloped floor, which shall direct the liquid to a drain centered below the tank. Thisdrain shall lead to a covered sump. Each of the chemical storage tanks shall beequipped with continuous level monitors, automated leak detection system,temperature and pressure monitors and alarms, and excess flow and emergencyblock valves. All storage tanks shall be constructed of appropriate, non-reactivematerials, compatible with the recommendations of the supplier of the hazardousmaterial.i • •32 o "5 2 o* Q. °-° -5 CFJ OC -£Z•c: 05^ 3 Q O ~*~l o 1§ • -Oex *"<D *—Q o0 ^- *- Q — o C Q_ CO ^J" Q_ 0) £ < w— COO CD ~C 0-^ .-_. o -Q"<£In the event of an accidental liquid chemical spill, the chemical shall be containedwithia the concrete containment structure and evacuated through an individualdrainage system, and pumped into hazardous waste containment trucks andtransported off-site for disposal at an appropriate facility accepting such waste.This operation shall be completed by a specialized contractor licensed inhazardous waste handling and disposal. Appropriate agencies, such as the Cityof Carlsbad Fire and Police Departments, shall also be contacted if necessary.i o c° CD8=6 £r~ ^^ f~ ^ f^ ^ "^ f" cn O ^ o ^ yf •111ol o> ex w- T3O CO "Q. w a> ro Oo --s>° Q ~ cco j-rco S i^ COo o> "= .y O "^" t£The chemical conveyance piping system connecting chemicals from their storageareas to their points of application shall be protected from leaks utilizing one of thefollowing leak protection measures:i> CV)(DO Q.UL u0)'o a •acra CD Q. Q CO OOCN Sill £ z oaf< g,Q E LUu. OO z ' '/I ^x z 5J J£ SP o0 o • -• 1o z" ° >-sb' m OL • co fl- ee Oa.CO S MITIGATION MEASURE ^^c/> o "55 • Use of piping with double containment walls to prevent potential chemicalleaks from reaching the soil or groundwater; and• Installation of chemical conveyance and feed pipelines in designated plasticor concrete trenches that will contain potential leaks and drain the leakingchemical(s) to a designated containment sump or tank, from where thechemical(s) will be evacuated and disposed of in compliance with allapplicable federal, state, and local codes.•S o ^J•S <D CO c7 CD Q_Q- -~0 ^ en o •§ o> 8 s.c o co-*j -0 CD ~ Q<3 O *_ 'n ?^ ^c= <P. "M.™ _c^ Q_ ol -S-1 ci _o o -Q 0 CL Appropriate safety programs shall be developed addressing hazardous materialsstorage locations, emergency response procedures, employee trainingrequirements, hazard recognition, fire safety, first aid/emergency medicalprocedures, hazard communication training, and release reporting requirements.These programs shall include a Hazardous Materials Business Plan, worker safetyprogram, fire response program, a plant safety program, and the facility's standardoperating procedures. The project shall also be in compliance with all applicablehazardous material storage and management regulations and shall prepare allsafety planning documentation associated with compliance with these regulations.For security purposes, the desalination facility would allow site access toauthorized personnel only via a secured entry point with a 24-hour guard."•P\I X Water Qualityc(5 enos•5 £ ro to c "o __- o ~ <fe •§ 8 E H J5 !g g cx ^ ," cj [— CO C ^ '-^ rt^ ^— ir= C i^ ^ — CO "^ c CJ COi__ *— — C f— CO CJ5 ^ O) O "xZ ct f -i CD" _^ •1 S "o ^- feC CO 2 o -» * -b" "« £5 CO H g Q "g -a" -Q CD -^ O | & 1 | I. ca rd" o >^ ^ "S 5 ^ | § Crt "O "fQ f_J f? •j= ro ^ O Prior to issuance of a grading permit, building permit or demolition permit,whichever occurs first , the project applicant shall demonstrate compliance with allapplicable regulations established by the United States Environmental ProtectionAgency (USEPA) as set forth in the National Pollutant Discharge EliminationSystem (NPDES) permit requirements for urban runoff and storm water dischargeand any regulations adopted by the city within which construction will take place,pursuant to the NPDES regulations or requirements of that city (Carlsbad,Oceanside and Vista). Further, the applicant shall file a Notice of Intent (NOI) withthe State Water Resources Control Board to obtain coverage under the NPDESGeneral Permit for Storm Water Discharges Associated with Construction Activityand shall implement a Storm Water Pollution Prevention Plan (SWPPP)concurrent with the commencement of grading activities. The SWPPP shallinclude both construction and post-construction pollution prevention and pollutioncontrol measures and shall identify funding mechanisms for post-constructioncontrol measures. The SWPPP shall also be sent to the North County Transit^j 6OL f"^ I baiiioo ', * „ ' in' : / u. 0crz: ilS-.^ J^ flC o : ,* 0 " "'?'S '..«,-.!£ O >ss O >_ •aS, OQ Q- to5 "'( • ~ OL ' , f'.«O „',-" Ul " /Qi ',', I District for review and comment.The following best management practices shall be adhered to during construction:o Gravel bags, silt fences, etc. shall be placed along the edge of all work areasas determined appropriate by the City's construction inspector in order tocontain particulate's prior to contact with receiving waters,o All concrete washing and spoils dumping will occur in a designated location,o Construction stockpiles will be covered in order to prevent blow-off or runoffduring weather events,o A pollution control education plan shall be developed by the GeneralContractor and implemented throughout all phases of development andconstruction,o Severe weather event erosion control materials and devices shall be storedonsite for use as needed.Other best management practices as determined necessary by the cities"5 g> S3S.— >-a o> *-,c ™ -C co CO l- > COco O > i; t! •% 'ji o 0 ro E"cz ^ CDO_ en o_ ,__- CD c'encLU ,£r b -aCOJDCO caO "o ^o Prior to issuance of grading or building permits, whichever occurs first, theapplicant shall submit for City approval a Storm Water Management Plan(SWMP). The SWMP shall demonstrate compliance with the city of CarlsbadStandard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01, issued bythe San Diego Region of the California Regional Water Quality Control Board andCity of Carlsbad Municipal Code.<N 6 OL O 1 "o 3. -2 S3 w o3 g ^ CD g 03 o Q_ -Q_ co _o ^ CO O nj "S '-^ > CO o .£ ° E co cu" o i_ "m -*-^ > ^ — o .2 ™ E 2 ^ Q. it S3 g- '5. Q-.E j_j- 1"encLU 3r b •o CO CO•c:coO *o -2rb Construction within any area the City of Carlsbad identifies as a 100-year floodhazard shall occur only during dry months (May 1 - September 30). The City maywaive this restriction if the applicant satisfactorily demonstrates, as determined bythe City, that construction would not impede or redirect flood flows and would notexpose people or structures to flooding. Such demonstration shall occur beforethe City issues grading or other permits to permit construction in the flood hazardarea in the wet months and may require the applicant to submit plans and detailsregarding the type, location, quantities and duration of construction equipment andmaterials as well as any other information that the City may require.PO6 a X 0) '£ CDa.•a at tuJO3 -4 o £ TO ™> 0. O — 3 i" o .2 Q.ol .i CO-£ cf-g'{- ^ _CO := °- 3~O Q_CO .„-Q ^CO E— TOCO -" ^ CD 'o B :~r TO ^ §"a The applicant shall coordinate with and receive approval from the McClellan-Palomar Airport Operations Manager before constructing within the AirportLU CO •=> Q •Si ^ CO a. ^coSQ < u a E UJ U- OO^•j ^p i— a. " S E f= O0 v • o • •z •- & ', • - o • -t—. z' ,o >. E H- UJ ^CO a. 55 O -a. '- '.tn .2 MITIGATION MEASURE ^ ,CDC ~a3ex "ex _CD COo "exexCO .2 ^jc ._ "exex ^^ •^CD COcxCD Q Influence Area and particularly within any Flight Activity Zone and RunwayProtection Zone or on airport property..0 15 0•o |rraff;ca,CO J= _ "cou_ O CO i—O .t£ C x- cu E — ^ £2 <— g> ,. . ^co ex co c; o^> >, > CD Oco co o p ,_ •2 3 ex § 3> 2 "5 co" o o> O _c f — ._"c en E -r=0. •£= — 5 oi";o COo> 0 -. to"o "to CO ^ll 3 CO "o CO _CD 0 I1? Ill *o $ ° ~a "Q i_ "CO ^ "C CD "COo o „. o co "- "*" — ^ &X- 1 1 J s "i '•§ "c: -13 S; "" r- a5CD 9^ CD .£ -^ E ^ ,g CO ^i •— CO o ^ "co co -o '-«CO CD CT CD CZ 'oo -o CD o *— co __ | 2 1| = £•§ ^ = S ai 'S 3 ^ " c •"§'= -S ^ i .0 03 « « 1 "S O) <£ Q- CO ^r CO "p^ ,e£ ^ ^ co O 'g -2 CO "O CD d CO ' CO ^^ CO ^^^—Z CO CU CO CO f~ "tri •— i^ ^ CD o ^ "co _CD to s=' JH 0 la ex "E ^ "io cj•cr 3 to CD co QJ yQ- cx-o S c ex ca ^o Itu_ 'o .-= c= id o CD E ^ ^ co -Q co ex"co "£ H "co =3 >- > CD o cco co o p P 5-!2 3 ex S CD " S'S rag 5 c? o S ex -o "|g '= O5 E S T3a. •= — 5 CD"•o'co c cB •—8 "o ^O J= •-- CO £-o e: f3co o co-Q O is CO _ CZ>~ co o21°o -a CO CCD CO O Prior to improvement plan approval, a traffic control plan will be prepared forapproval by each jurisdiction within which the project is proposed to be located.The traffic control plan will show all signage, striping, delineate detours, flaggingoperations and any other devices which will be used during construction to guidejmotorists safely through the construction zone and allow for adequate access andcirculation, to the satisfaction of the city or agency with applicable jurisdiction. Thetraffic control plan will also include provisions for coordinating with local emergencyservice providers regarding construction times and locations of lane closures aswell as specifications for bicycle lane safety. The Applicant's constructioncontractors will coordinate traffic diversions, street and lane closures, andobstruction of intersections with each jurisdiction's engineering department prior tocommencing construction activities through the development of routing and detouriplans.This Traffic Control Plan will be prepared in accordance with each jurisdiction'straffic-. control guidelines and will be prepared to ensure that access will bemaintained to individual properties and businesses, and that emergency access willnot be restricted. Additionally, the Plan will ensure that congestion and delay oftraffic resulting from project construction are not substantially increased and will belof a short-term nature.The limits of construction work area(s) and suggested alternate traffic routes forthrough traffic will be published in a local newspaper periodically throughout theconstruction period, in addition, the Applicant's construction contractor shall,provide not less than a 2-week written notice prior to the start of construction byCN6 U_ O CN8 CLec. "dCD'5" (X .0 ra 0)Q CD a.J2 0)>CDQ CD oX LU O osi f.f < o 5 sQ 55 z O •- ' . " LU LL.-0 i^IS25 2:h- O '•- - °. O i itLU C£. CQ O. , CO 1:CO111 MITIGATION MEASUREt :ed during construction. 'oCDCL CDJD ^3en "SCD "en enc: "CD JO "E mailing to owners/occupeco" E to —5 O P- 1*1"-*"* c w— 8 o~•*-' c/>1 s .1s 8 S £ Eo " 3 . CD £ CO cS a> g T3 e Applicant's contractor wiadequate pedestrian and veschools, parks, post offices£ -a toc: toill llj |P to o (i If >^cCD _£= to 3 O_£Z 13 J2 CO CD 0 .P "G 8 •oCD 3 access to these facilitiesie Applicant's contractor will'aring a plan for alternative:e access will be provided. Tloility's administrators in prepJ5 ca >;.=§CD S•o P "CD3 t= tor- '~5 <"|1 8.2 o cjen o co II ensure that continuous,e Applicant's contractor wicz~0 "o ^ "enc=oo c= O"co^coco J=cDco^*cDCDcncD S 1 £ § .£ 3 1 1 1 | - § f IJlfcl |«l»Ss-S«c_ 2rr *-• Q_ QJ ^* ^x Q .— pi ^w Q_ »— 2 O><CL en-Oo, — 2< = enenoCDc o-2-c:Jig>P<D:-c;sg^^« §« s a| 5:S "8-i o . $ i S ""a-S » «5Slsll sjp|-|r 3 fill 3|.8|-§-g|1"F^^0- Cl'-'-iX-gcD^-QcL-S-0"^^ "cDaJ^-^^tD-g"- >fao-Q*J E^czcp'^^cot^cD -o-50 = £ =E--"£LC:S-CIO = t=Cn>-<3'§ '50^E-S!eni^oTO^^<oJ f^Bls,03^0^ .2 i»l 8 g Bgri^g!!^1 1 8 8 1 Ig8£g||g- -S^-QcDg §.£er.-u-^EcDi=<u.«2cn..gcj o-o CD CD — ^aj.c.g allil fill^ill^?gJitDS.^ ScB^°~cD"ZProj-y-cotto.-^ i=-aL;toy-cioc-"c'cDS-c^-tj CL-tndj-C! — — -,-,= cn"Sca.^^cD j^-S^'-P'gcDtacTO"S5S-a£en' <^CD*'5'"-S-5 -DcD^a-^>-,Cij ajSgcxg5«>-2o i ro S 1 2 8 -S-s^S^cD-S^ a, 5 en ^ SS ro cf g g" la B 8 -° ED >^^OjSPg .9oScro_<^Se= en T3 c; .^ '^i: O CD eo 3^ en o ^c:"^5cn"Oca PE cO-H2~1:-oc_>5?-§"=^^§1 sE="sifscao-s o - 5^ §s = 5 1| ^r- J= <D « •- o fe cna>t;cn^55g§cnptotor31^ f^CLCDCOT-n^i^^.a g a> >-- -fa .- .Ecl<i>cm<u«tDOco^czE ^ "o)=rcj.Eku>cz>c=oooo-55 ^c=8ocD>^--c:o'i==3oca-£=oCL QcocLCO-QO-ao-a cess includes the installationled excavations. Wheneverhe Applicant's contractor willj, vehicular and pedestrian aoteel plates to cross over unfilre removed for construction, t« Is £, C= CD 5 'S 0>-oc: ~ 03CD -Q O E £, ± S 2 ° CO P ^III "55 "^^ -o2 "o 'co COcr cz encz t^_^i CO "5. 1 >-.TO 1p o i2 CD-place temporary sidewarestoration has been macensure that the Applicant'ss not interfere unnecessarilyS% (/} QJ C QiP i="OT en CL "O ^* ^% °"The traffic control planconstruction contractor'so 1 i F>lant Project MMRPment Plan and DesalinatiorCL "cu>cuQ cuto'cjcu 0. oCN ^.l»H CDOOCN ^*CO cCO—> is I S| 21 il LULU OO ZIII Poo So Ml Q£II <ta °- V) 1£3QJ .-. •SCO = S ^CO 'o~o3 fe.ex , .O ^3 cn^ •c c" Q I LU0£3co<LU Zo5o O CL 03O "£a) s O COc ro CO "g ,_ ca I iS S § "O 1=CO Q_<"!> C^J2 < toO o> *" -^ •"E'E ra g o 8 5 S f CO (OooCN £•CO 1 PLANNING COMMISSION RESOLUTION NO. 6088 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PRECISE DEVELOPMENT PLAN PDP 4 00-02 FOR (1) THE EXISTING 95-ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD 5 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF 6 CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF THE PACIFIC OCEAN, AND WEST OF 7 INTERSTATE 5; AND (2) THE PROPOSED CARLSBAD SEAWATER DESALINATION PLANT, WHICH WOULD BE 8 LOCATED ON THE GROUNDS OF THE EPS. THE PRECISE 9 DEVELOPMENT PLAN SERVES AS (1) A LAND USE APPLICATION FOR THE DESALINATION PLANT AND (2) A 10 DOCUMENT TO ESTABLISH EXISTING LAND USES AT THE EPS AND DEVELOPMENT AND LAND USE 11 STANDARDS FOR THE EPS. CASE NAME: PRECISE DEVELOPMENT PLAN AND 12 DESALINATION PLANT CASE NO.: PDP 00-02 14 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," and 15 Cabrillo Power I LLC, "Owner," have jointly filed a verified application with the City of 16 Carlsbad regarding property owned by Owner and described as: 17 That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office jo of the County Recorder of San Diego County, November 16, 1896, as described in Certificate of Compliance recorded 20 October 30, 2001, as Document No. 2001-0789068, Parcel 4 (Assessor's Parcel Numbers 210-010-41 and a portion of 21 210-010-43). 22 ("the Property") and; fyi WHEREAS, said verified application constitutes a request for a Precise 24 Development Plan as referenced in Exhibit "X" dated May 3, 2006, attached hereto and on file in 25 the Planning Department PRECISE DEVELOPMENT PLAN AND DESALINATION 26 PLANT - PDP 00-02 as provided by Chapters 21.36 and 21.52 of the Carlsbad Municipal Code; 27 and28 1 WHEREAS, the Precise Development Plan serves as a land use application for r\L the Carlsbad Seawater Desalination Plant, which is proposed at the Encina Power Station; and WHEREAS, the purpose of the Precise Development Plan is to also document 4 existing land uses at the Encina Power Station, a facility that began operation in 1954, and 5 provides land use and development standards for existing and potential future uses at the power 6 station as well as the Carlsbad Seawater Desalination Plant; and 7 WHEREAS, the Precise Development Plan and Desalination Plant project does o g not involve any modification to the Encina Power Station with the exception of demolishing a 10 fuel oil tank, making certain electrical connections and making certain connections to the Encina 11 Power Station seawater discharge as required by the Carlsbad Seawater Desalination Plant; and 12 WHEREAS, the Planning Commission did on the 3rd day of May, 2006 hold a 13 duly noticed public hearing as prescribed by law to consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 16 relating to the Precise Development Plan. 17 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning lo -, Q Commission of the City of Carlsbad as follows: 20 A) That the foregoing recitations are true and correct. 21 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PRECISE DEVELOPMENT PLAN AND 22 DESALINATION PLANT - PDF 00-02, based on the following findings and subject to the following conditions: 24 Findings; 25 1. The Precise Development Plan PDF 00-02 is consistent with the intent and purpose of the Public Utilities (P-U) Zone, Section 21.36.010 (1) of the Carlsbad Municipal Code, to 26 provide a Precise Development Plan that is compatible with the General Plan and surrounding developments, in that (1) existing and permitted land uses within the 27 proposed Precise Development Plan are consistent with and/or implement the 28 PC RESO NO. 6088 -2- 302- 1 objectives of the Public Utilities (U) General Plan designation; (2) the Precise Development Plan, through developments standards and review procedures, is 2 compatible with surrounding developments; (3) the Precise Development Plan ~ planning area is adequately buffered from surrounding, more sensitive uses (e.g., residences and businesses) by open space, other utility uses, and transportation 4 corridors and through development standards, including setbacks, of the proposed Precise Development Plan. Furthermore, the Owner, through the Precise 5 Development Plan, has offered to provide certain public dedications that will enhance the public's use of open space areas adjacent to the Precise Development 6 Plan area and the PDP is conditioned to dedicate an easement for the Coastal Rail Trail.7 2. The Precise Development Plan PDP 00-02 is consistent with the intent and purpose of the Public Utilities (P-U) Zone, 21.36.010 (2) of the Carlsbad Municipal Code to provide 9 a Precise Development Plan that has given due regard to environmental factors, in that the proposal has been reviewed concurrently with the processing and certification of 10 Environmental Impact Report (EIR) 03-05, compliant with the provisions of the California Environmental Quality Act. 11 3. The Precise Development Plan PDP 00-02 is consistent with the intent and purpose of 12 the Public Utilities (P-U) Zone, 21.36.010 (3) of the Carlsbad Municipal Code to provide a Precise Development Plan that provides for necessary public improvements, in that conditions of approval have been placed on the project, which, in addition to the 14 terms and obligations of Development Agreement DA 05-01, combine to ensure that adequate public improvements and/or dedications, and/or funds necessary therefor, 15 will be secured concurrent with project approval. 16 4. The Precise Development Plan PDP 00-02 permits the Carlsbad Seawater Desalination Plant that is identified as a permitted use in the P-U Zone by 17 Municipal Code Section 21.36.020 (4)(c) and that incorporates design, location, and operation characteristics that ensure compliance with the intent and purpose of the P-U Zone. Furthermore, PDP 00-02 sets forth the standards of development for the jo desalination plant. 20 5. The Precise Development Plan PDP 00-02 is consistent with the General Plan in that: a. It provides regulations and standards for uses that are appropriate uses for 21 the General Plan Public Utilities ("U") land use designation, the designation applied to the Encina Power Station. 22 b. The General Plan Land Use Element notes that the U land use designation is applied to existing areas, such as the Encina Power Station, that are being used for public or quasi-public functions. 24 c. It provides development standards for the Encina Power Station, including the Carlsbad Seawater Desalination Plant, which is consistent with the 25 Overall Land Use Pattern goal A.2 that states, "A City which provides for an orderly balance of both public and private land uses within convenient and 26 compatible locations throughout the community and ensures that all such uses, type, amount, design, and arrangement serve to protect and enhance 27 the environment, character, and image of the City." 28 PC RESO NO. 6088 -3- 1 d. The establishment of the Precise Development Plan, its regulation of development and uses at the Encina Power Station, and the Owner's offers of 2 public dedications as conditioned herein, achieve compliance with Land Use „ Element Environmental Policy C.6, which states, "Ensure the preservation and maintenance of the unique environmental resources of the Agua 4 Hedionda Lagoon while providing for a balance of public and private land uses through implementation of the Agua Hedionda Land Use Plan." 5 6. The Precise Development Plan PDP 00-02 is consistent with Encina Specific Plan 144 6 in that: a. It complies with and enhances applicable Specific Plan standards and 7 requirements adopted over the years to regulate development at the Encina Power Station. b. It documents and maps power plant uses and features, and, since it proposes 9 no changes to the operation of the Encina Power Station and only limited changes to its facilities (seawater discharge and electrical connections and 10 removal of the a fuel oil storage tank), the Precise Development Plan does not conflict with Specific Plan standards and requirements regarding power 11 station operations. c. The proposed amended and restated Encina Specific Plan, SP 144(H), 12 incorporates the land use designations of the City of Carlsbad General Plan, with which the Precise Development Plan is consistent. Additionally, SP 144(H) would incorporate by reference PDP 00-02. 14 7. The Precise Development Plan PDP 00-02 is consistent with the goals of the South 15 Carlsbad Coastal Redevelopment Plan in that: a. Establishment of the Precise Development Plan and its development and 16 environmental standards assists in eliminating blight and environmental deficiencies in the Redevelopment Plan area and ensuring quality site design. 17 b. Development of the Carlsbad Seawater Desalination Plant will assist in the stimulation of new commercial/industrial expansion, employment, and economic growth. The Owner-offered dedication to set aside vacant land IQ next to the Hubbs-Sea World research facility for marine research or aquaculture also furthers this goal. 20 c. The Owner-offered public dedications, including dedication of the Fishing Beach along the lagoon and Bluff area adjacent to the beach, enable 21 development of new public beach and coastal recreation opportunities, parking, and open space amenities. 22 d. Locating the Carlsbad Seawater Desalination Plant in a location that creates the least amount of constraints on any future conversion of the Encina power station facilitates the redevelopment of the Encina power generating facility 24 to a smaller, more efficient power generating plant. 25 8. The Precise Development Plan PDP 00-02 is consistent with the City's adopted Scenic Corridor Guidelines, which apply to Carlsbad Boulevard and the North County Transit 26 District railroad corridor, in that it provides for the Carlsbad Seawater Desalination Plant a quality building design and appropriate visual screening, and, for the 27 28 PC RESO NO. 6088 -4- 1 Encina Power Station as a whole, recognition of the Guidelines and development standards.2 ,- 9. The Precise Development Plan PDP 00-02, including the public dedications proposed by the Owner through the Precise Development Plan, is in conformance with the Agua 4 Hedionda Land Use Plan and all applicable policies in that it has been reviewed for consistency with relevant coastal policies including land use, habitat protection, 5 grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the Precise Development Plan achieves consistency 6 with Land Use Plan policies as follows: a. The Precise Development Plan regulates uses that are consistent with those ' land uses shown on the Plan's Land Use Map (Policy 1.1). b. The Owner-offered dedication of a public access easement for the Fishing Beach is consistent with policies 6.5 and 6.7, which encourage the Encina 9 fishing area on the Outer Lagoon to be maintained and present recreational uses of the lagoon to be expanded where feasible. 10 c. Other Owner-offered public dedications in the vicinity of Agua Hedionda Lagoon and the Pacific Ocean are consistent with Coastal Act Policies 11 regarding public access to coastline and recreational features. d. The Precise Development Plan is subject to, and incorporates as a regulating 12 document, the Mitigation and Monitoring Program for EIR 03-05, which provides mitigation to ensure consistency with Land Use Plan policies regarding environmentally sensitive habitats, geology, and water quality. 14 Furthermore, the Project has been conditioned to obtain its coastal development 15 permit from the California Coastal Commission. 16 10. The approval of Precise Development Plan PDP 00-02 fulfills the requirement of Municipal Code Section 21.36.030, which in part states that "no building permit or 17 other entitlement for any use in the P-U zone shall be issued until a precise development plan has been approved for the property."18 jo 11. As conditioned, the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 20 12. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 13. That the City has adopted a Citywide Trails Program and a segment of the trail network, 24 the Coastal Rail Trail, is associated with this project. To facilitate locating this trail, which cannot be accommodated in its originally intended location within the North 25 County Transit District Railroad right of way due to various reasons including space limitations, security, and safety concerns, the Owner and the City have agreed 26 to try and find a mutually agreeable trail location within the Precise Development Plan boundaries. 27 28 PC RESO NO. 6088 -5- 1 Conditions; Notes: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 2 grading or building permits for the Carlsbad Seawater Desalination Plant, whichever ,, occurs first. 4 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 5 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 6 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Precise Development Plan, other 9 than those described in the Development Agreement (DA 05-01). 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan documents, as necessary to make 11 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 13 3. Prior to approval of the Precise Development Plan, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A 15 signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Precise 16 Development Plan shall be required. 17 4. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting 18 Program, SP 144(H), DA 05-01, RP 05-12, CDP 04-41, SUP 05-04 and HMPP 05-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6089, 6090, 6091, 6092, 6093, and 6094 for those other approvals incorporated herein by 20 reference. 21 5. Those portions of the Project's water conveyance pipelines located within the City of Carlsbad but outside of the City's coastal zone are not approved as part of this 22 permit and are subject to future permits by the City of Carlsbad, and will be subject to the requirements of the Carlsbad Municipal Code. 4bO 24 6. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 25 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 26 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 27 28 PC RESO NO. 6088 -6- 1 7. a. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance, except as 2 otherwise provided in the Development Agreement. 3 b. Owner shall comply with all applicable provisions of federal, state, and local 4 laws and regulations in effect at the time of building permit issuance as they relate to the existing Encina Power Station. 5 8. Indemnification: 6 a. Developer shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives (collectively "Indemnified Parties"), from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from a (i) City's approval and issuance of this Precise Development Plan, (ii) City's approval or issuance of any permit or action, whether discretionary or 10 nondiscretionary, in connection with the Carlsbad Seawater Desalination Plant use contemplated herein, and (iii) Developer's installation and operation of the 11 Carlsbad Seawater Desalination Plant, including without limitation, any and all liabilities arising from the emission by the Carlsbad Seawater Desalination Plant 12 of electromagnetic fields or other energy waves or emissions. These obligations survive until all legal proceedings have been concluded and continue even if any City approval giving rise to an indemnification obligation is not validated. 14 b. Owner shall and does hereby agree to indemnify, protect, defend, and hold harmless Indemnified Parties, from and against any and all liabilities, losses, 15 damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (i) City's approval and 16 issuance of this Precise Development Plan, (ii) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection 17 with the use of the existing 95-acre Encina Power Station, and (iii) Owner's installation and operation of the Encina Power Station, including without limitation, any and all liabilities arising from the emission by the Encina Power Station of electromagnetic fields or other energy waves or emissions. Owner's duty to indemnify the Indemnified Parties does not include any and all liabilities, 20 losses, damages, demands, claims, costs, court costs and attorney's fees arising, directly or indirectly from the Carlsbad Seawater Desalination Plant. These 21 obligations survive until all legal proceedings have been concluded and continue even if any City approval giving rise to an indemnification obligation is not 22 validated. 23 24 25 26 27 28 PC RESO NO. 6088 -7- 9. a. The Desalination plant project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 and Zone 3 Local Facilities Management Plans and any amendments made to that Plan prior to the issuance of - building permits. Should amendments occur to the LFMPs, the Developer shall comply subject to the limitations of the Development Agreement 4 (DA 05-01). b. For the Encina Power Station, Owner shall comply with all conditions and 5 mitigation measures which are required as part of the Zone 1 and Zone 3 Local Facilities Management Plans and any amendments made to that Plan prior to the 6 issuance of building permits for any permits not contemplated in this PDP, as it may be amended from time to time. 7 10. The approval of the PDP shall become null and void for the portions relating to the Desalination Plant, if the Desalination Plant does not become operational within 10 years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies, as may be consistent with the 10 Development Agreement (DA 05-01). 11 11. Developer shall implement, or cause the implementation of, the EIR 03-05 Project Mitigation Monitoring and Reporting Program. 12 12. a. As a condition of this approval, Owner must comply with the requirements of all regulatory agencies having jurisdiction over the Encina Power Station. 14 b. As a condition of this approval, Developer must comply with the requirements of 15 all regulatory agencies having jurisdiction over the Desalination Plant and the Mitigation Monitoring and Reporting requirements of the environmental 16 documents for the Desalination Plant. 13. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Precise Development Plan reflecting the conditions approved by the final decision- making body. 19 a. Developer shall include, as part of the plans submitted for any permit plan check, 20 a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the 21 Mitigation Monitoring and Reporting Program). 22 b. Prior to final inspection of the desalination plant, Developer shall have constructed a decorative screen wall or fence and, where feasible, install 3 landscaping and irrigation along the entire Carlsbad Boulevard frontage of the Encina Power Station beginning at the power station's south boundary adjacent to the SDG&E property and extending approximately to the north 25 end of the aquaculture facilities adjacent to the power station's discharge pond, provided that (i) prior to issuance of building or grading permits for 26 the desalination plant, plans for the decorative screening wall or fence, landscaping and irrigation, as outlined in the conditions for a Final 27 Landscape and Irrigation Plan contained herein, shall be submitted to the 28 PC RESO NO. 6088 -8- 1 Planning Director and the City Engineer for review and approval; and (ii) such decorative screen wall or fence shall replace the existing fence and 2 shall incorporate, if determined appropriate by the Planning Director and , the City Engineer, the bridge rail over the cooling water discharge culvert as required by and conditioned in Planning Commission Resolution No., 6091 4 for Redevelopment Permit RP 05-12. 5 c. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the conditions herein 6 and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping 7 in a healthy and thriving condition, free from weeds, trash, and debris. g d. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the o landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 10 e. Prior to the issuance of any permits for the project, the applicant shall submit to 11 the Planning Director a digital copy and a camera-ready master copy of the ENCINA POWER STATION AND PRECISE DEVELOPMENT PLANT - 12 PDP 00-02, in addition to the required number of bound copies determined by the Planning Director. \A Engineering 15 14. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is 16 formally established by the City. 17 15. Prior to approval of a grading or building permits for the desalination plant, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the Precise Development Plan into the existing City jo of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said 20 written consent shall be on a form provided by the City Engineer. 21 16. Prior to issuance of grading or building permits for the desalination plant, Developer shall cause Owner or its successor in interest to make an irrevocable offer of dedication to the 22 City and/or other appropriate entities for all public streets, lands, and easements shown on the Precise Development Plan listed below, except as otherwise provided in the 23 Precise Development Permit. The offer shall be made by a separate document. All land ~. so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 25 a. Public dedications: The locations of the following dedications are shown on 26 exhibit "Poseidon Desalination Plant Proposed Parcel Exhibit" attached hereto for reference. Prior to issuance of grading or building permits for the 27 desalination plant, precise legal descriptions and documentation shall be 28 PC RESO NO. 6088 -9- 201 1 submitted to the satisfaction of the City Attorney, the City Engineer, and the Planning Director. 2 i. Hubbs Site Parcel: A deed restriction shall be recorded on the ~ property known as the Hubbs Site Parcel. The Hubbs Site Parcel is the vacant, approximately two-acre eastern portion of the property 4 identified by Assessor's Parcel Number (APN) 206-07-017 and currently occupied by the Hubbs-Sea World Research facility. The 5 deed restriction shall limit allowable land uses on the Hubbs Site Parcel to those that are directly related to fish hatchery, fish ecology 6 research, aquaculture uses, and trails to the satisfaction of the Planning Director. ' ii. Bluff Area Parcel: Fee title to property known as the Bluff Area „ Parcel shall be granted to the City of Carlsbad for public access and recreational uses. The Bluff Area Parcel is on the west side of Carlsbad Boulevard, between the Encina Power Station discharge jetty and the Terramar residential area. Fee title shall include only 10 the bluff area and not the beach. Cabrillo Power I LLC shall pay all costs associated with the property dedication. 11 iii. South Power Plant Parcel: A public parking and public access easement shall be granted to the City of Carlsbad for the property 12 described as the South Power Plant Parcel for the development of public vehicle parking by the City of Carlsbad. The South Power Plant Parcel is located at the southwest corner of the Precise 14 Development Plan, adjacent to the east side of Carlsbad Boulevard and Encina Power Station south entrance gate, an area approximately 15 0.27 acre in size. If necessary, Developer shall be responsible for costs associated with removal and relocation of any gates or fences 16 necessary to accommodate the parking and access to it. Furthermore, prior to issuance of grading or building permits for the desalination plant, one (or more) plan(s) shall be provided to the City to show feasible parking layouts as determined by the Planning Director and the City Engineer. Parking lot plans shall be designed to complement and allow installation of the Carlsbad Boulevard frontage landscape and wall conditioned herein. The operational parameters of the 20 public parking and public access shall be ones that are mutually agreeable to both the Owner and the Planning Director. 21 iv. Fishing Beach Parcel: A public access and public parking easement shall be granted to the City of Carlsbad for the property known as the 22 Fishing Beach Parcel for access and on-shore recreational uses, including public parking. The operational parameters of the on-shore recreational facilities, public parking, and public access shall be ones that are mutually agreeable to both the Owner and the Planning Director. This property, approximately 2.4 acres, is located on the 25 east side of Carlsbad Boulevard along the Outer Agua Hedionda Lagoon and stretches from the lagoon inlet jetty to a point at an 26 existing fence about 1,500 feet south. Cabrillo Power I LLC or their assignee shall retain the right to close the Fishing Beach property to 27 28 PC RESO NO. 6088 -10- 1 public use and access from time to time during periodic dredging cycles as approved for lagoon maintenance. , b. Carlsbad Boulevard: From the southerly boundary of the Precise Development Plan to the northerly boundary of Specific Plan 144, dedicate 4 additional right-of-way for public street and utility purposes along the easterly side of Carlsbad Boulevard. Width of additional right-of-way shall 5 be one (1) foot to the satisfaction of the City Engineer. 6 c. The Owner of the Precise Development Plan property shall enter into an agreement with the City whereby the Owner: ' i. Acknowledges that the existing storm drain facilities across Precise o Development Plan property may be of inadequate size to contain the 100-year storm flows. ii. Acknowledges that under existing NPDES requirements applicable to the Owner's property that Owner has legal obligations to prevent 10 illegal or unpermitted discharges into the Agua Hedionda Lagoon or Pacific Ocean under expected drainage water flows, and no releases of 11 hazardous materials or pollutants as the result of drainage flows across the Precise Development Plan property. 12 iii. Subject to any Owner-initiated development which requires a formal amendment to the Precise Development Plan, regardless of any potential exemption based upon square footage, Owner shall irrevocably offer to dedicate a public drainage easement over the existing main storm drain line carrying public drainage water across 15 the Precise Development Plan property. The offer shall include additional width and rights to allow for the complete construction, 16 operation and maintenance of the existing storm and future Drainage Master Plan (DMP) Facility BAA to the satisfaction of the City Engineer. The offer may allow for Owner to adjust the exact alignment or increase the capacity of the new drainage facility at Owner's expense to accommodate the flow in the existing drainage facility, prior to the City's construction of any facilities. After construction of the facilities, the City may allow Owner to relocate the 20 existing storm drain facilities at Owner's expense if the relocated alignment is acceptable to the City Engineer or eliminate the existing 21 facility at Owner's expense if eliminating the existing facility is acceptable to the City Engineer. Prior to acceptance of the existing 22 private storm drain and the proposed drainage easement by the City, the Owner shall remove all liens and encumbrances from the easement property proposed for dedication that would interfere with the construction, operation, or maintenance of the existing and future drainage facilities to the satisfaction of the City Engineer, including 25 buildings, structures, and pipelines. The agreement and its provisions shall be subject to the satisfaction of the City Engineer and the City 26 Attorney. 27 28 PC RESO NO. 6088 -11- "31.1 d. Coastal Rail Trail - Prior to occupancy, dedicate an easement for the Coastal Rail Trail in a location within the boundaries of the Precise Development 2 Plan that is mutually acceptable to the City and Owner or its successor in ,, interest. 4 e. Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline - Prior to occupancy, dedicate an easement for the Agua Hedionda 5 Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline in a location within the boundaries of the Precise Development Plan that is mutually 6 acceptable to the City and the Owner or its successors in interest. ' 17. Prior to the issuance of any grading or building permits for construction within the Precise Development Plan area, other than the desalination plant, Owner shall: i) Pay the City's Planned Local Drainage Area (PLDA) fee for the property encompassed by the entire Precise Development Plan, excluding the desalination plant site, in accordance with the City's PLDA fee program at 10 time of building or grading permit issuance. Owner shall pay PLDA fees for any owner-initiated development which requires a formal amendment to the 11 Precise Development Plan, regardless of any potential exemption based upon square footage. ii) Construct that portion of Master Drainage Plan facility BAA which is proposed to be located on Owner's property within the Precise Development Plan area, subject to fee credits and reimbursements, if any, as may be 14 provided in the then current City Drainage Ordinance. Owner may also request reimbursement from applicable fund sources from the City 15 Redevelopment Agency. Owner shall construct that portion of facility BAA for any owner-initiated development which requires a formal amendment to 16 the Precise Development Plan. 17 18. Owner shall not challenge any aspect of the Carlsbad Seawater Desalination Plant's Environmental Impact Report before the California Coastal Commission or in any court of law for any reason or purpose. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6088 -12-312. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006 by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Montgomery, Segall, and Whitton NOES: ABSENT: ABSTAIN- Commissioner Dominguez MARTELL B. MONTjEOMERMriairperson CARLSBAD PLANNING COMMISSION ATTEST* MARCELA ESCOBAR-ECK Planning Director PC RESO NO. 6088 -13-7O POSEIDON DESALINATION PLANT PROPOSED PARCEL EXHIBIT MAP 1803 MAP 11685 HUBBS SITE PARCEL PARCEL 3 ROS 17350 PARCEL 3 PAR 2 ROS 17350 PORTION LOT H RANCHQ AQUA J-JEDJONDA NCTD (AT&SF) RAILROAD RIGHT-OF-WAY CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 3O, 2OO1 FILE NO. 2001-0780088 FISHING BEACH PARCEL PARCEL 3 ROS 17360 BLUFF AREA PARCEL SOUTH POWER PLANT PARCEL SCALE PROJECT DESIGN CONSULTANTS r*n*n\i**mMiucut{ TOIBSOMt,619.236.6471 T«l S«nDte80,CA 92101 819^34.0349 Fix "ilH 1 PLANNING COMMISSION RESOLUTION NO. 6089 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDED AND RESTATED ENCINA 4 SPECIFIC PLAN 144 WITH AMENDMENT 144(H) TO INCORPORATE PRECISE DEVELOPMENT PLAN 00-02 FOR THE ENCINA POWER STATION AND CARLSBAD 6 SEA WATER DESALINATION PLANT INTO SPECIFIC PLAN 144 ON PROPERTY LOCATED NORTH OF CANNON ROAD, 7 SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5 8 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: PRECISE DEVELOPMENT PLAN AND 10 DESALINATION PLANT CASE NO.: SP 144(H) 11 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," and 13 Cabrillo Power I LLC, "Owner," have jointly filed a verified application with the City of 14 Carlsbad regarding property owned by Owner and described as: 15 That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office 17 of the County Recorder of San Diego County, November 16, 1896, as described in Certificate of Compliance recorded 18 October 30, 2001, as Document No. 2001-0789068, Parcel 4. (Assessor's Parcel Numbers 210-010-41 and a portion of 19 210-010-43) 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Specific Plan 22 amendment as shown on Exhibit "X," dated May 3, 2006, attached hereto and on file in the 24 Carlsbad Planning Department, PRECISE DEVELOPMENT PLAN AND DESALINATION 25 PLANT as provided by SP 144(H) and Government Code Section 65450 et seq; and 26 WHEREAS, the City Council adopted the Encina Specific Plan 144 in 1971 by 27 Ordinance 9279 to provide rules and regulations for the orderly development of 680 acres of land 28 located generally east of the Pacific Ocean, south of the north shore of Agua Hedionda Lagoon, and north of Cannon Road and provide design and development guidelines for the expansion of the Encina Power Station; the specific plan also allows the City to address land use issues such 2 as public access and use of the lagoon; and 3 WHEREAS, in subsequent years the City Council approved four amendments to 4 , the Encina Specific Plan 144, with the most recent amendment occurring in 1996; these 6 amendments primarily added conditions of approval relating to power station use and operations; 7 and o WHEREAS, the several amendments and numerous conditions of approval are 9 contained in different ordinances, rather than in a single, comprehensive document containing all 10 the rules and regulations of the Encina Specific Plan 144; and 11 WHEREAS, in 1998, the City Council passed Resolution 98-145, declaring its 13 intent to consider land use designation changes at the power station and perform a land use study 14 of the specific plan; and 15 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the specific plan be required to prepare a comprehensive 17 update of the specific plan; and 18 WHEREAS, in 2003, the City Council passed Resolution 2003-208, allowing the 20 Precise Development Plan and Desalination Plant project to be processed as an amendment to the 21 Encina Specific Plan 144, rather than through a comprehensive update of the specific plan; and 22 WHEREAS, Specific Plan Amendment 144(H) proposes to (1) incorporate 23 Precise Development Plan POP 00-02 into the Encina Specific Plan and (2) amend and restate 24 the specific plan so it serves as a single, comprehensive document that contains all pertaining 25 rules and regulations set forth by previously approved amendments and the contents required by26 27 Government Code Section 65450 et seq; and 28 ... PC RESO NO. 6089 -2- WHEREAS, Specific Plan 144(H) does not change any general plan land use or 2 zoning designations within the boundaries of the specific plan, any condition set forth by a 3 previously approved specific plan amendment, nor does it propose any development other than4 - that contemplated by the Precise Development Plan and Desalination Plant project and described 6 in Final Environmental Impact Report EIR 03-05; and 7 WHEREAS, Specific Plan requirements shall not be required of, or applied to, o uses regulated by the California Public Utilities Commission (CPUC); and 9 WHEREAS, the Planning Commission did, on the 3rd day of May 2006, hold a 10 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 14 relating to the Specific Plan 144(H). 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 17 A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission 19 RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(H), 20 for the PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT based on the following findings and subject to the following conditions: 21 Findings; 22 1. The proposed development as described by Specific Plan Amendment SP144(H) is consistent with the provisions of the General Plan in that development contemplated by 24 the Precise Development Plan and Desalination Plant project and described in Final Environmental Impact Report EIR 03-05 is consistent with the applicable General 25 Plan land use designations and policies. Contemplated development consists of a desalination plant and support infrastructure, including pipelines, which complies with General Plan land use designations and goals to ensure adequate public 27 facilities and economic growth to sustain Carlsbad's quality of life. Further, the restatement of the Encina Specific Plan 144 provides all specific plan standards in a 28 single, comprehensive document, which helps facilitate the General Plan goal to provide an orderly balance of both public and private land uses. PC RESO NO. 6089 -3- 2. The proposed specific plan amendment would not be detrimental to the public interest, 2 health, safety, convenience or welfare of the City in that it (1) does not propose any changes to existing general plan land use or zoning designations, and (2) does not 3 alter any condition set forth by a previously approved specific plan amendment to regulate the Encina Power Station, (3) authorizes only development contemplated by the Precise Development Plan and Desalination Plant project, for which a Final ~ Environmental Impact Report EIR 03-05 has been prepared, and (4) provides a single, comprehensive document that contains all pertaining rules and regulations 6 set forth by previously approved specific plan amendments and the contents required by Government Code Section 65450 et seq. 7 3. The proposed specific plan amendment is consistent with the Local Coastal Program in that it does not change any land use designations of the Agua Hedionda Land Use Plan, authorizes development (the Precise Development Plan and Desalination Plant project) consistent with the Land Use Plan, and through that 10 development, provides public land use dedications that further Coastal Act policies regarding public access and use of area features, such as Agua Hedionda Lagoon. 4. Specific Plan 144(H) provides assurances that all necessary public facilities can be 12 provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that it incorporates by reference the applicable Local Facilities Management Plans 14 for Zones 1,3, and 13. 15 5. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the proposed environmental impact report for the project.16 6. Specific Plan 144(H) will contribute to the balance of land use so that local residents may work and recreate in the community in which they live in that it incorporates the land use designations of the General Plan. 19 Conditions; 20 l. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 22 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 23 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer -,- or a successor in interest by the City's approval of this Specific Plan Amendment, other than those described in the Development Agreement (DA 05-01). 26 2. Staff is authorized and directed to make, or require Developer to make, all corrections 27 and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur 28 substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PC RESO NO. 6089 -4- 3. Prior to approval of the Specific Plan Amendment, the Developer shall apply for and 2 obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A 3 signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Specific Plan 144 shall be required. 4. This approval is granted subject to the certification, adoption, and approval of the 6 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting Program, PDF 00-02, DA 05-01, RP 05-12, CDP 04-41, SUP 05-04 and HMPP 05-08 7 and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 6088,6090, 6091, 6092, 6093, and 6094 for those other approvals incorporated herein by reference. 9 5. If any condition for construction of any public improvements or facilities, or the payment 10 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 1 Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 13 6. Indemnification: 14 a. Developer shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives (collectively "Indemnified Parties"), from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from 17 (i) City's approval and issuance of this Precise Development Plan, (ii) City's approval or issuance of any permit or action, whether discretionary or 18 nondiscretionary, in connection with the Carlsbad Seawater Desalination Plant use contemplated herein, and (iii) Developer's installation and operation of the Carlsbad Seawater Desalination Plant, including without limitation, any and all 2Q liabilities arising from the emission by the Carlsbad Seawater Desalination Plant of electromagnetic fields or other energy waves or emissions. These obligations 21 survive until all legal proceedings have been concluded and continue even if any City approval giving rise to an indemnification obligation is not validated. 22 b. Owner shall and does hereby agree to indemnify, protect, defend, and hold harmless Indemnified Parties, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees 24 incurred by the City arising, directly or indirectly, from (i) City's approval and issuance of this Precise Development Plan, (ii) City's approval or issuance of 25 any permit or action, whether discretionary or nondiscretionary, in connection with the use of the existing 95-acre Encina Power Station, and (iii) Owner's installation and operation of the Encina Power Station, including without 27 limitation, any and all liabilities arising from the emission by the Encina Power Station of electromagnetic fields or other energy waves or emissions. Owner's 28 duty to indemnify the Indemnified Parties does not include any and all liabilities, losses, damages, demands, claims, costs, court costs, and attorney's fees arising, directly or indirectly from the Carlsbad Seawater Desalination Plant. These PC RESO NO. 6089 -5- obligations survive until all legal proceedings have been concluded and continue 2 even if any City approval giving rise to an indemnification obligation is not validated. 3 7. This approval shall become null and void if building permits are not issued for this project within 18 months of the final discretionary approval, including the discretionary r approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 6 8. Developer shall implement, or cause the implementation of, the EIR 03-05 Project 7 Mitigation Monitoring and Reporting Program. o 9. As a condition of this approval, applicant must comply with the requirements of all a regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. 10 10. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 11 the Specific Plan reflecting the conditions approved by the final decision-making body. 12 11. Developer shall include, as part of the plans submitted for any permit plan check, a 13 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the Mitigation 14 Monitoring and Reporting Program). 15 12. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the ENCINA 1 SPECIFIC PLAN - SP 144(H), in addition to the required number of bound copies 17 determined by the Planning Director. 18 13. Owner shall not challenge any aspect of the Carlsbad Seawater Desalination Plant's Environmental Impact Report before the California Coastal Commission or in any court 19 of law for any reason or purpose. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6089 -6-32.0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Montgomery, Segall, and Whitton NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTGOMERY, jpairperson CARLSBAD PLANNING COMMISSION ATTEST: MA1RCELA ESCOBAR-ECK Planning Director PC RESO NO. 6089 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6090 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN 4 THE CITY OF CARLSBAD AND POSEIDON RESOURCES (CHANNELSIDE) LLC TO PROVIDE FOR THE 5 CONSTRUCTION OF THE CARLSBAD SEAWATER DESALINATION PLANT. 6 CASE NAME: PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT 7 CASE NO.: DA 05-01 8 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," and the 9 City of Carlsbad ("City") have proposed a Development Agreement for the Carlsbad Seawater 10 Desalination Plant, appurtenant facilities, and related project approvals ("Project") as more 11 completely described in Covenant 1 of the proposed Development Agreement; and 12 WHEREAS, the property leased by the Developer for the Carlsbad Seawater 14 Desalination Plant that is generally the subject of the Development Agreement is described as: 15 That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, 16 according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 17 1896, as described in Certificate of Compliance recorded October 30, 2001, as Document No. 2001-0789068, Parcel 4, more particularly described as follows: 19 Commencing at the most southerly corner of said Parcel 4, also 20 being a point on the westerly line of the 100.00-foot-wide right- of-way on the Atchison Topeka and Santa Fe Railroad, also 21 being the most southeasterly corner of Parcel 4 as shown on Record of Survey No. 17350; thence along said westerly line, 22 north 22 °30'13" west, 1763.84 feet; thence leaving said westerly line, at right angles, south 67°29'47" west, 54.68 feet 23 to the point of beginning; thence south 67°22'25" west, 427.00 24 feet; thence north 22°37'35" west, 320.00 feet; thence north 67°22'25" east, 427.00 feet; thence south 22°37'35" east, 320.00 25 feet to the point of beginning 26 ("the Property"); and 27 28 WHEREAS, the Carlsbad Seawater Desalination Plant and some appurtenant facilities are proposed at the Encina Power Station; other appurtenant facilities, including water 3 conveyance pipelines and a pump station, are proposed offsite of the Encina Power Station and 4 in the cities of Carlsbad, Oceanside, and Vista; and 5 WHEREAS, said Development Agreement is referenced in Exhibit "X," dated 6 May 3, 2006, attached hereto and on file in the Planning Department PRECISE . DEVELOPMENT PLAN AND DESALINATION PLANT - DA 05-01 as provided byo Government Code 65864 et seq., Chapter 21.70 of the Carlsbad Municipal Code, and City 10 Council Policy 54; and 11 WHEREAS, the Planning Commission did on the 3rd day of May, 2006, hold a 12 duly noticed public hearing as prescribed by law to consider said request; and 13 WHEREAS, at said public hearing, upon hearing and considering all testimony 14 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 15 relating to the Development Agreement. 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 17 Commission of the City of Carlsbad as follows:18 A) That the foregoing recitations are true and correct. 20 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PRECISE DEVELOPMENT PLAN AND 21 DESALINATION PLANT - DA 05-01, based on the following findings and subject to the following conditions: 22 23 Findings; 24 1. Approval of the Development Agreement complies with all the provisions of state law (Government Code Section 65864 et seq.) which enables the City to enter into such agreements including the following: 26 a) The Development Agreement specifies the duration of the agreement, the 27 permitted uses of the property, the density or intensity of use, the maximum 28 PC RESO NO. 6090 -2- 323 1 height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes as the Agreement incorporates the Precise ^ Development Plan and Desalination Plant project (as described in Precise Development Plan PDP 00-02 and Environmental Impact Report EIR 03-05) and other project approvals. 4 b) The Development Agreement includes conditions, terms, restrictions, and 5 requirement for subsequent discretionary actions; however, the conditions, terms, restrictions, and requirements do not prevent development of the land for the uses 6 and to the density or intensity of development set forth in the Development Agreement, and are consistent with the development standards, design ' guidelines, and other provisions of the Precise Development Plan and Desalination Plant project and existing rules, regulations, and policies. o g c) Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density and 10 governing design, improvement, and construction standards and specifications, applicable to development of the property subject to the Development Agreement 11 shall be those rules, regulations, and official policies in force at the time of execution of the agreement. 12 d) The Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies , A which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the Agreement, and which do not materially, adversely 15 affect the timing or phasing of construction of development as further set forth in the Development Agreement, nor does the Development Agreement prevent the 16 City from denying or conditionally approving any subsequent development project application on the basis of noncompliance with existing rules, regulations, 17 and policies. I O e) The Development Agreement includes terms and conditions to ensure funding 1 g for public facilities in the South Carlsbad Coastal Redevelopment Area. 20 f) The applicant for the Development Agreement has a legal or equitable interest in the real property which is the subject of this Development Agreement. 21 g) The Development Agreement requires an annual review at which time the 22 applicant shall be required to demonstrate good faith compliance with the terms of the Development Agreement. If, as a result of such annual review, the City finds and determines, on the basis of substantial evidence, that the applicant has not 24 complied in good faith with terms or conditions of the Development Agreement, the City may terminate or modify the Development Agreement. 25 h) The Development Agreement is consistent with the City's Local Coastal Program 26 in that the Project is consistent with, and includes elements specifically intended to advance the goals of the State of California related to, the 27 protection, maintenance and where feasible enhancement and restoration of 28 PC RESO NO. 6090 -3- 1 the overall quality of the coastal zone environment and to maximize public access and recreational opportunities along the coast, and includes public 2 dedication of several acres of ocean and lagoon front property. 3 2. Approval of the Development Agreement complies with Chapter 21.70 of the Carlsbad 4 Municipal Code. All noticing, review, and other procedural requirements have been accomplished in compliance with the Chapter. The findings required by the Chapter 5 have been met as follows: 6 a) The Development Agreement is consistent with the objectives, policies, general land uses, programs, and provisions specified in the General Plan, and any applicable specific plan, in that the Development Agreement implements and legally references the other Project approvals being considered. It does not permit anything that is inconsistent or does not conform to these other 9 approvals. It does not change or modify the zoning, General Plan designations, the Specific Plan regulations or the Precise Development Plan 10 being considered under the other Project actions. It will not become effective unless the other Project approvals are given. Therefore, it is consistent with 11 the General Plan, the zoning, the applicable Specific Plan and the Precise Development Plan for the Property. Additionally, the Project will achieve the South Carlsbad Coastal Redevelopment Plan goals to enhance commercial and recreational functions and increase parking and open space amenities in the Project area and is consistent with the Plan's permitted uses. It further is in conformity with public convenience, general welfare, and good land use practices and will not be detrimental to the health, safety, and 15 welfare of the community. 16 b) The Development Agreement is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located 17 and all other provisions of Title 21 of the Carlsbad Municipal Code, in that the Development Agreement is consistent with the uses in and the regulations prescribed for the Public Utilities (P-U) Zone in which the real property is located and the provisions of Title 21 of the Carlsbad Municipal Code. The Development Agreement implements and incorporates by reference the other 20 project actions and approvals, including the Precise Development Plan, the approval of which is a requirement of Title 21 for development in the P-U 21 Zone. These other actions establish the permitted uses of the property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. Further, as required by Chapter 21.70 of the Carlsbad Municipal 3 Code, the Administrative Services Director (Finance Director), the City Attorney, and the Planning Director have reviewed the Development Agreement and find that it does conform to all of the applicable state laws, 25 City ordinances, and City policies. 26 c) The Development Agreement is in conformity with public convenience, general welfare, and good land use practices, in that it will result in a use that has been 27 planned in a comprehensive manner, which provides benefits to the 28 PC RESO NO. 6090 -4- 1 community in terms of water reliability and quality, recreation and coastal access, and economics, and has been reviewed in terms of protecting the 2 general welfare of the community. 3 d) The Development Agreement will not be detrimental to health, safety, and general 4 welfare, in that it incorporates other project approvals, which have been analyzed and found not to have a negative effect on the general public health, 5 safety, and welfare. Furthermore, the Development Agreement does not prevent the City from imposing emergency measures related to the health, 6 safety, and welfare of the community, nor does the agreement limit the authority of other agencies. Finally, the Development Agreement requires ' the Developer to operate and maintain the project in accordance with all „ applicable state and federal environmental laws, notwithstanding any exemption the Developer may otherwise have under international trade o rules. 10 e) The Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the Project has been 11 comprehensively planned and conditioned in accordance with all City and other agency requirements, including the California Environmental Quality 12 Act; and the majority of the project, with the exception of the desalination plant building, appurtenant facilities at Encina Power Station, and a small pump station, are pipelines that will be placed underground in existing or ^4 future roads. 15 f) The Development Agreement is consistent with the provisions of Government Code Sections 65864.5 - 65869.5, in that compliance with the Government 16 Code provisions is demonstrated in Finding No. 1 of this resolution. 17 g) The Development Agreement ensures provision of public facilities in a manner consistent with the General Plan, in that since it incorporates the other project actions and approvals, the Development Agreement identifies the public jo facilities, improvements, and infrastructure needed to allow the project to be built and contains provisions requiring compliance with the Growth 20 Management Plan. 21 h) The approval of the Development Agreement will result in the provision of economic, environmental, recreational, cultural, or social benefits to the City 22 which would not be attainable without its approval in that benefits are detailed in Finding No. 3 of this resolution. The Development Agreement provides more certainty that the project will be built, thus increasing the likelihood of 24 resulting benefits. 25 3. The Development Agreement has been drafted, processed, negotiated, and reviewed in terms of compliance with City Council Policy No. 56. Approval of the Development 26 Agreement conforms to the Council determinations identified in the Policy for approving an agreement as follows: 27 28 PC RESO NO. 6090 -5- 1 a) The proposed development is in the interests of the city in that it will provide substantial economic, public recreation, and water reliability benefits to the 2 City. Roughly 80% (about $2 million) of the tax revenue from the Project _ will go to the Carlsbad Housing and Redevelopment Commission to be used to fund projects within the South Carlsbad Coastal Redevelopment Area 4 including road improvements, water distribution facilities, sewer facilities, and support of affordable housing programs. Further, if the Desalination 5 Plant facilities are relocated to property not covered by the Development Agreement, the Developer is required by the Agreement to pay liquidated 6 damages to the City of $15 million, which will be reduced by a specified amount for each year the Developer pays the property taxes or mitigation ' fees specified in the Agreement. The City's right to receive an economic benefit from the Project is protected even in the event of the purchase (either through voluntary sale or condemnation) by a governmental body. The 9 payment of liquidated damages and protected right to receive an economic benefit would not be achievable without a development agreement. 10 The Project also provides a local source of potable water to supplement 11 imported water supplies available to the City of Carlsbad and the San Diego region, improve water reliability and enhance water quality. In so doing, the 12 Project also complements local and regional water conservation, and water recycling programs. In addition, Project construction and operation will benefit the economy through creation of jobs and increased spending. J4 Furthermore, the Project increases opportunities for public access to the coastal area through public enhancements and dedications of coastal 15 property. 16 b) The proposed development is a well-planned, comprehensive development, involving more than one building, more man one phase of development, or some 17 other condition that the City Council considers justification for entering into a Development Agreement in that the Project consists of a multi-year, multi- phased development with specialized components to be constructed in several jo locations and in different jurisdictions. The Project features a complex network of product water pipelines both on-site at the Encina Power Station 20 and off-site in the communities of Carlsbad, Vista, and Oceanside, that are comprehensively planned to deliver water to existing distribution facilities, 21 and minimize impacts to sensitive habitats and resources and other utilities and infrastructure. The Project will require a substantial expenditure by the 22 Developer of time and predevelopment costs and risk before approval of building and other permits. This justifies and is a reasonable and appropriate request for entering into a Development Agreement. A degree of 24 certainty is needed so the Project can proceed forward in construction and operation. 25 c) The proposed development will require a substantial expenditure by the applicant 26 of time, predevelopment costs, and "holding" costs prior to the approval of permits and other land use entitlements in that the Developer will realize 27 significant expense, risk, and time to design the Project and obtain all 28 PC RESO NO. 6090 -6- 1 necessary permits from local, state, and federal agencies to construct a project that desalinates seawater into potable water, discharges brine into 2 the ocean, and requires construction of a complex and lengthy network of ,, pipelines and infrastructure to deliver the desalinated water into existing public water systems. 4 d) The proposed development will require a substantial expenditure by the applicant 5 to design and construct public infrastructure facilities that will benefit the community in that the Developer will realize significant expense, risk, and 6 time to design the Project, obtain all necessary permits from local, state, and federal agencies, and acquire necessary rights of way to construct a complex ' and lengthy network of pipelines and infrastructure to deliver the desalinated water into existing public water systems. Through the Water Purchase Agreement, the City may elect to own these pipelines and other 9 appurtenant facilities. 10 e) The proposed Development Agreement is consistent with the requirements of this Policy in that the City Attorney has determined that the proposed 11 Development Agreement legally conforms to all of the applicable state laws, City ordinances, and City policies. 12 f) The proposed Development Agreement includes legally binding commitments by the applicant to provide substantial public benefits over and above those which ,4 the applicant would otherwise be obligated to provide as a condition of project approval in the absence of a development agreement in that many of the terms 15 and conditions of the proposed Development Agreement are intended to preserve for the benefit of the City, Carlsbad Municipal Water District, and 16 Carlsbad Housing and Redevelopment Commission the property tax revenues that will be paid by the Project. If a successor of Poseidon does not 17 have an agreement with the City regarding payment of a mitigation fee or such successor fails to pay property taxes, the Development Agreement establishes a mitigation fee that will be paid by Poseidon, or its successors in * o interest. This mitigation fee is sufficient to fund all, or a significant portion, of the most beneficial Redevelopment Plan projects to be undertaken. The 20 mitigation fee and property tax revenue have been secured for the City, Carlsbad Municipal Water District, and Carlsbad Housing and 21 Redevelopment Commission through the proposed Development Agreement, the Water Purchase Agreement between the District and Poseidon 22 (September 2004), and the Agreement Memorializing Certain Understandings and Establishing a Framework for Cooperation between the 23 City, Carlsbad Municipal Water District, Carlsbad Housing and 24 Redevelopment Commission, and San Diego County Water Authority (April 2005). Therefore, the proposed Development Agreement includes legally 25 binding commitments by Poseidon to provide substantial public benefits over and above those which Poseidon otherwise would be obligated to provide as a 26 condition of approval in the absence of the Development Agreement. 27 28 PC RESO NO. 6090 -7- g) It is unlikely that the proposed development, including the public benefits to be derived therefrom, would occur when and as provided in the proposed Development Agreement in the absence of the vesting assurances incorporated in ,, the proposed Development Agreement because the Development Agreement provides more certainty that the Project will be built and justifiably allows 4 the applicant to proceed with the Project in accordance with existing policies, rules and regulations, and Project conditions. 5 4. The Development Agreement removes uncertainty in the approval of the Project 6 which can result in a waste of resources, escalate the cost of development, and discourage significant investment in the community and in a commitment to ' comprehensive planning. Q 5. The Development Agreement provides assurances to the Developer that upon approval of the Project, the Developer may proceed with the Project in accordance with existing policies, rules and regulations, and subject to conditions of approval. 10 This will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. 11 12 NOTICE 13 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 14 "fees/exactions." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 17 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 20 zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PC RESO NO. 6090 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad held on the 3rd day of May 2006, by the following vote, to wit: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONfGOMERf^hairperson CARLSBAD PLANNING COMMISSION ATTEST MARCELA ESCOBAR-ECK Planning Director PC RESO NO. 6090 -9-330 1 PLANNING COMMISSION RESOLUTION NO. 6091 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 05-12 TO 4 CONSTRUCT THE 50 MILLION GALLON PER DAY CARLSBAD SEAWATER DESALINATION PLANT AND 5 APPURTENANT FACILITIES, INCLUDING PIPELINES FOR THE CONVEYANCE OF DESALINATED WATER, ON 6 PROPERTIES INCLUDING THE ENCINA POWER STATION AND ADJACENT PROPERTIES GENERALLY LOCATED 7 NORTH OF CANNON ROAD AND EAST AND WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA 9 AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 13. 10 CASE NAME: PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT 11 CASE NO.: RP 05-12 12 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a 13 verified application with the City of Carlsbad Redevelopment Agency (RDA) regarding property 14 leased by the Developer for the Carlsbad Seawater Desalination Plant and property owned by 15 various owners, collectively "Owners," described as: 16 That portion of Lot "H" of Rancho Agua Hedionda in the City 17 of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, ,n 1896, as described in Certificate Of Compliance recorded October 30, 2001, as Document No. 2001-0789068, Parcel 4, 20 more particularly described as follows: 21 Commencing at the most southerly corner of said Parcel 4, also being a point on the westerly line of the 100.00-foot-wide right 22 of way on the Atchison Topeka and Santa Fe Railroad, also being the most southeasterly corner of Parcel 4 as shown on Record of Survey No. 17350; thence along said westerly line, 24 north 22°30'13" west, 1763.84 feet; thence leaving said westerly line, at right angles, south 67°29'47" west, 54.68 feet 25 to the point of beginning; thence south 67°22'25" west, 427.00 feet; thence north 22°37'35" west, 320.00 feet; thence north 26 67°22'25" east, 427.00 feet; thence south 22°37'35" east, 320.00 feet to the point of beginning. 27 28 33 f 1 The application also affects properties identified by Assessor's Parcel Numbers 210-010-41, 210-010-43, 210-010-42, 210-011- 2 05, and 211-010-24 3 ("the Property"); and 4 WHEREAS, said verified application constitutes a request for a Redevelopment 5 Permit as shown and described in the "Encina Power Station Precise Development Plan" 6 document dated May 3, 2006, on file in the Planning Department PRECISE 7 0 DEVELOPMENT PLAN AND DESALINATION PLANT - RP 05-12 as provided and o 9 required by Sections 600 and 608 of the South Carlsbad Coastal Redevelopment Area (SCCRA) 10 Plan; and 11 WHEREAS, the Carlsbad Seawater Desalination Plant consists of the desalination 12 plant facilities itself, which include a reverse osmosis facility, pretreatment filters, and chemical 13 storage area, and appurtenant facilities such as intake and discharge pipelines, solids handling 14 building, and product water conveyance pipelines; and 15 WHEREAS, the Carlsbad Seawater Desalination Plant, including many of its 16 appurtenant facilities, are located within the boundaries of the Encina Power Station, while 17 product water conveyance pipelines extend beyond the boundaries of the Encina Power Station18 , n and east of Interstate 5; and 20 WHEREAS, this Redevelopment Permit applies to the Carlsbad Seawater 21 Desalination Plant and all appurtenant facilities located onsite and offsite of the Encina Power 22 Station and within the boundaries of the SCCRA Plan; and 00•" WHEREAS, Section 600 of the Redevelopment Plan states a desalination plant, 24 including its appurtenant facilities, may be permitted in the SCCRA only if the Housing and 25 Redevelopment Commission approves a finding that: 1) the desalination plant serves an 26 extraordinary public purpose; 2) a precise development plan which sets forth standards for 27 28 PC RESO NO. 6091 -2- 1 development of the desalination plant is first approved by the Housing and Redevelopment r\z Commission; and 3) the Commission has issued a Redevelopment Permit for the Project; and 3 WHEREAS, processed concurrently with Redevelopment Permit RP 05-12 is 4 Precise Development Plan PDP 00-02, which establishes the development standards for the 5 desalination plant and Environmental Impact Report EIR 03-05, which provides location and 6 other information on appurtenant facilities located offsite of the Encina Power Station and within the boundaries of the SCCRA Plan; and o 9 WHEREAS, the Planning Commission is the review body for recommending and 10 processing land use permits proposed in the SCCRA; and 11 WHEREAS, the Planning Commission did on the 3rd day of May, 2006, hold a 12 duly noticed public hearing as prescribed by law to consider said request; and 13 WHEREAS, at said public hearing, upon hearing and considering all testimony 14 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 15 relating to the Redevelopment Permit; and 16 WHEREAS, in its deliberations, the Planning Commission considered whether 17 the desalination plant serves an extraordinary public purpose.18 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of PRECISE DEVELOPMENT PLAN AND 23 DESALINATION PLANT - RP 05-12, based on the following findings and 24 subject to the following conditions: 25 Findings; 26 1. The City of Carlsbad Planning Commission hereby finds the desalination plant serves an extraordinary public purpose to the City of Carlsbad, the RDA, and the citizens of 27 Carlsbad as demonstrated by the following benefits: 28 PC RESO NO. 6091 -3--333 1M a. Security of Water Supply: The need for a diverse water portfolio was illustrated 2 by the early 1990's drought, when the San Diego County Water Authority (CWA) _ reduced water supplies to its member agencies, including Carlsbad, by 30% and was considering 50% reductions. According to the CWA Regional Water 4 Facilities Master Plan (RWFMP), the CWA currently imports nearly 600,000 acre feet per year (AFY) from the Metropolitan Water District (MWD), but is only 5 legally entitled to approximately 300,000 AFY. This makes the region's imported water supply highly vulnerable to water shortages and supply disruptions. The 6 Colorado River is a major source of water supply for California, Nevada, and Arizona. California has traditionally used more than its allocated 4.4 million acre feet (MAF) per year because Arizona and Nevada did not use their full allocations. Arizona and Nevada's increasing water needs have led to demands that California reduce its usage to its 4.4 MAF allocation. Potential threats to o future deliveries of water from the Sacramento-San Joaquin Bay Delta, such as a severe decline in fish populations, levee instability, and a series of adverse court 10 rulings, may also lead to reductions in the amount of water that can be delivered from Northern to Southern California through the State Water Project. 11 The project will allow the City of Carlsbad Municipal Water District (CMWD) to 12 purchase 100% of its potable water supply needs from the desalination plant, thus providing a secure local water supply that is not subject to the variations of drought or political and legal constraints on water supplies (Appendix B to Final Environmental Impact Report EIR 03-05, Sections 1.2 and 10.1). 15 b. Redundant Water Supply: The project will provide water supply redundancy for the City, strengthening security and reliability of water supply for residents 16 and businesses. The CMWD will maintain its membership in and right to purchase water at the CWA, while receiving 100% of its potable water supply needs from the Project, thereby creating a redundant supply of water available in the event of catastrophe or unforeseen circumstances (Appendix B to Final EIR 18 03-05, Section 13). The Project will add approximately 21,000 AFY dedicated to CMWD, thus replacing its current supply and increasing the reliability of CMWD's water supply. 20 c. Reliable Water Supply: The desalination plant will provide a reliable water 21 supply for 30 years with two possible 30-year extensions (Appendix B to Final EIR 03-05, Section 2.). The City is protected from shortfalls in delivery under the 22 terms of the Water Purchase Agreement (Appendix B to Final EIR 03-05, Sections 9 and 14).23 d. High Quality Drinking Water: The Project will provide high quality drinking water that will compare favorably with the water supply that can be purchased 25 from the CWA. The project will deliver a drinking water supply to the City that meets all State and Federal health standards, as well as provide a reduction in the 26 total dissolved solids (TDS) compared to imported water from the Colorado River and Sacramento-San Joaquin Delta provided by the CWA. The desalinated water 27 TDS will be monitored on a weekly basis and shall not exceed 350 mg/L in more 28 PC RESO NO. 6091 -4- 1 than half the samples taken. Additionally, 90% of the samples shall be less than 400 mg/L. The City is not obligated to accept or pay for water that does not meet 2 the quality standards (Appendix B to Final EIR 03-05, Section 8 and Schedule 3 8.2.). Imported water has a TDS of 466-574 mg/L (Metropolitan Water District 2005 Water Quality Report for the Skinner Filtration Plant). 4 e. Economic Benefits: The project will achieve the SCCRA Plan goal to strengthen 5 the economic base of the Project Area and the community. The Project will provide the City with desalinated water at a predictable and reasonable price 6 through the long-term Water Purchase Agreement, which sets agreed-upon water rates (Appendix B to Final EIR 03-05). The desalination plant will generate up to $2.4 million per year in increased property tax revenue. Because the Project site is located within the South o Carlsbad Redevelopment Project, an estimated $2.0 million per year of the tax revenue will be allocated directly to the RDA (Exhibit 2, page 7, of CMWD 10 Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement). The Project will also generate 11 up to $2.9 million per year hi increased business tax revenue. 12 f. Positive Economic Impact on Ability to Attract and Retain Business: The desalination plant will create a drought-resistant, reliable water supply for the City of Carlsbad mat will provide the stability necessary to attract and retain high-tech I* and biotechnology businesses which are dependent on a reliable water supply for their research and manufacturing processes. These businesses provide high skill, 15 high wage jobs in the City of Carlsbad that enhance the overall economy of the community. 16 The project will provide an extraordinary benefit to the residents and businesses 17 of the City by generating approximately $2.4 million per year in property tax revenue, 85% of which will remain in the City to support schools, municipal 18 services, and the RDA (Exhibit 2, page 7, of CMWD Agenda Bill 577, dated September 28, 2004, regarding adoption of Resolution 1226, approving the Water Purchase Agreement). Among other things, this revenue can be used to support 20 the proposed public improvements identified in Exhibit C of the Redevelopment Plan. Additionally, the Project will generate substantial tax revenues that will go 21 to the general funds of Carlsbad and other San Diego County cities to support police, fire, health, welfare, and transportation. Good public services help to 22 attract high quality businesses. 23 g. Acquisition of Land for Public Purpose: The project will advance the goals of the SCCRA Plan and the California Coastal Act to develop new beach and coastal recreational opportunities. The Project is consistent with and includes elements 25 specifically intended to advance the goals of the State of California and the City related to the protection, maintenance, and enhancement of the overall quality of 26 the coastal zone environment, while maximizing public recreational opportunities along the coast. The Project will achieve the SCCRA Plan goals to enhance 27 28 PC RESO NO. 6091 -5- 1 commercial and recreational functions and increase parking and open space amenities in the Project area. - Through the Precise Development Plan for this project, Cabrillo Power, the Encina Power Station owner, has offered several acres of dedications to the City 4 for the public's benefit and for marine research. Each dedication, in the form of an easement, title transfer, or deed restriction, would further Coastal Act goals of 5 maximizing public access and recreational opportunities along the coast. The dedications are described below: 6 • Fishing Beach - An easement for this site, along the shore of Agua Hedionda Lagoon and next to Carlsbad Boulevard, would be dedicated for public recreational and coastal access use, including public parking, o • Bluff Area - The Bluff Area, located on the west side of Carlsbad Boulevard and opposite the Power Station, is proposed to be dedicated in 9 fee title to the City for recreational and coastal access uses. Hubbs Site - The Hubbs Site, along the lagoon north shore, consists of the 10 land between the existing Hubbs Sea World Research Institute and the railroad tracks. The site is proposed to be deed restricted to uses such as a 11 fish hatchery, aquatic research, and trails. - South Power Plant Public Parking Area - An easement for this site, along the east side of Carlsbad Boulevard and near the south entrance to the power plant, would be dedicated for public parking. 14 Further, a condition of approval of the Precise Development Plan will also enhance the public recreation through the dedication of an easement for the 15 Coastal Rail Trail. h. Restore and Enhance the Marine Environment: As a wholesale water supplier regulated by the California Department of Health Services, Poseidon Resources will be subject to the provisions of the federal Safe Drinking Water Act that require restoration, protection, and enhancement of watersheds upstream of a source of drinking water supply. As a result, Poseidon has been and will likely 19 remain actively involved in activities aimed at protecting, restoring, and enhancing the health and vitality of Agua Hedionda Lagoon, the surrounding 20 30-square-mile watershed upstream of the Lagoon, and the near shore environment. Through board participation, financial contributions, and activity 21 involvement, Poseidon currently supports nonprofit organizations that protect the lagoon habitat, including the Agua Hedionda Lagoon Foundation and Hubbs Sea World Research Institute. Additionally, the project proposes to deed restrict approximately 2 acres of vacant land located on the north side of the lagoon between the Hubbs Sea World Research Institute and nearby railroad tracks for 24 uses such as marine research and expansion of the Hubbs facility. 25 Regional Leadership Role: Creation of a 50 million gallon per day (mgd) 26 desalination facility will enhance the position of the City of Carlsbad as a Statewide and Regional leader in water supply by creating a new supply called for 27 28 PC RESO NO. 6091 -6- 1 in the State Department of Water Resources 2005 California Water Plan and the CWA's Urban Water Management Plan. „ 2. That the proposed desalination use can be approved because the underlying Public Utilities (P-U) zoning district requires the approval of an official Precise Development 4 Plan prior to the approval of building permits for allowed uses, and PDF 00-02, processed and approved concurrently with RP 05-12, serves as the code-mandated 5 regulatory document for the subject property. 6 3. As demonstrated in Finding 1 above, the Project complies with several SCCRA Plan goals, which are listed in Section IV (400) of the Plan. Furthermore, the Project also ' complies with these other applicable Plan goals: „ a. Facilitate the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. Compliance with this goal is 9 achieved by positioning the desalination plant in a location that creates the least amount of constraints on any future conversion of the Encina power station as 10 detailed in the Land Use/Planning analysis section of the Project's Environmental Impact Report, EIR 03-05. 11 b. Implement performance criteria to ensure quality site design and 12 environmental standards to provide unity and integrity to the entire Redevelopment Plan area. The desalination plant exhibits a quality design that is sensitive to its environment and non-utility surroundings. As a regulatory 14 document, the Precise Development Plan establishes development standards and review procedures for the Encina Power Station and the desalination plant. 15 Further, the Project has been reviewed concurrently with the processing and certification of Environmental Impact Report EIR 03-05, compliant with the 16 provisions of the California Environmental Quality Act. 17 4. The Project is consistent with the General Plan in that it implements goals stated in the Vision section of the General Plan. The project will provide a high-quality, reliable water supply to the residents of Carlsbad, thereby fulfilling the General Plan vision *n statement, "A City which provides adequate public facilities to preserve the quality of life of its residents." Additionally, a reliable drinking water supply is a major 20 issue for all Southern California jurisdictions, and by providing one hundred percent of Carlsbad's drinking water, the Project helps to fulfill another General 21 Plan vision statement, "A City which recognizes its role as a participant in the solution of regional issues." 22 Further, the project also helps to fulfill the vision goal of "A City committed to economic growth of progressive commercial and industrial businesses to serve the 24 employment, shopping, recreation, and service needs of its residents." The Project will create new jobs and new economic activity in Carlsbad and provide a reliable 25 water supply that businesses can count on for sustainable economic activity. 26 5. The Project is also consistent with the General Plan in that it implements goals of the Land Use Element. The Project is consistent with the Public Utility (U) land use 27 designation of the Encina Power Station and product water conveyance pipelines 28 PC RESO NO. 6091 -7- 337 1 are permitted in any land use designation. Further, the modern office appearance and appropriate screening of equipment and chemical storage areas complies with 2 the sensitive design objective of Overall Land Use Pattern Policy C.6, which states, , "Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. 4 6. The Project is consistent with the Encina Specific Plan 144 in that: 5 a. It complies with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, 6 exterior lighting, and rooftop mechanical equipment. b. Since the Project proposes no changes to the operation of the Encina Power ' Station and only limited changes to its facilities (seawater discharge and electrical connections and removal of the fuel oil storage tank), the Project does not conflict with Specific Plan standards and requirements regarding power station operations. The proposed amended and restated Encina Specific Plan, SP 144(H), 10 incorporates the land use designations of the City of Carlsbad General Plan, with which the Project is consistent. Additionally, SP 144(H) would 11 incorporate by reference PDF 00-02. 12 7. The Project is in conformance with the Agua Hedionda Land Use Plan and all applicable policies in that the Project has been reviewed for consistency with relevant coastal policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the Project complies with the Land Use Plan building height limitation of 35 feet. 15 Furthermore, the Project has been conditioned to obtain a coastal development permit from the California Coastal Commission. 16 8. The Project is consistent with the City's adopted Scenic Corridor Guidelines, which 17 apply to Carlsbad Boulevard and the North County Transit District railroad corridor, in that it features a quality building design and appropriate visual screening.18 9. The Project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and Zone 13 and all City public facility policies 20 and ordinances. The Project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 21 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 22 Project will be installed to serve new development prior to or concurrent with need. Specifically: - . a. The Project has been conditioned to provide proof from the Carlsbad Unified School District that the Project has satisfied its obligation for school facilities. 25 b. All necessary public improvements have been provided or are required as 26 conditions of approval. 27 28 PC RESO NO. 6091 -8- 1 c. Other than its obligation to provide funding for school facilities, the Project does not generate any facility plan improvement requirements or funding. ,, 10. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 4 to mitigate impacts caused by or reasonably related to the Project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the Project. 5 11. As conditioned, the Project is consistent with the City's Landscape Manual (Carlsbad 6 Municipal Code Section 14.28.020 and Landscape Manual Section I B). 7 12. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and n provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 10 Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for 11 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each 12 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's ^4 Habitat Management Plan. 15 Conditions; Notes: 16 a) All conditions of approval apply only to the desalination plant and appurtenant facilities and not to existing facilities of the Encina Power Station. 17 b) Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading or building permits for the desalination plant, whichever occurs first.18 in General 20 1- If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 21 implemented and maintained according to their terms, the RDA shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 22 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 24 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the RDA's approval of this Redevelopment Permit, other 25 than those described in the Development Agreement (DA 05-01). 26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Redevelopment Permit documents, as necessary to make them 27 internally consistent and in conformity with the final action on the Project. Development 28 PC RESO NO. 6091 -9- 1 shall occur substantially as shown on the approved Exhibits (Encina Power Station Precise Development Plan PDP 00-02 dated May 3, 2006, and Environmental 2 Impact Report EIR 03-05 dated December 2005). Any proposed development _ different from this approval shall require an amendment to this approval. 4 3. As a condition to approval of the Redevelopment Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal 5 Commission or its successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning 6 Director. If the approval is substantially different, an amendment to the Redevelopment Permit shall be required. 4. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting 9 Program, PDP 00-02, SP 144(H), DA 05-01, CDP 04-41, SUP 05-04, and HMPP 05-08 and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 10 6088, 6089, 6090, 6092, 6093 and 6094 for those other approvals incorporated herein by reference. 11 5. Approval is granted for Redevelopment Permit 05-12 as shown and described in the "Encina Power Station Precise Development Plan" document dated May 3, 2006, and the Final Environmental Impact Report EIR 03-05 dated December 2005 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 15 6. The Encina Power Station has a once-through seawater cooling system. The seawater intake is located in Agua Hedionda Lagoon and the outfall is a channel to 16 the ocean located south of the mouth of Agua Hedionda Lagoon. The Desalination Plant is planned to operate in conjunction with the EPS by using the EPS cooling water discharge as its source water and by discharging the brine that is the by-product of the desalination process back into the EPS discharge, which in turn is released from the EPS outfall. In the event that the EPS were to permanently cease operations, and the Developer were to independently operate the existing EPS seawater intake and outfall for the benefit of the project, such independent 20 operation will require CEQA compliance and permits to operate as required by then-applicable rules and regulations of the City and other relevant agencies. The 21 Developer will not independently operate the EPS intake and/or outfall unless and until CEQA compliance is completed and any required permits have been issued. 22 7. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 25 invalid unless the City Council determines that the Project without the condition complies with all requirements of law. 26 8. Developer shall comply with all applicable provisions of federal, state, and local laws and 27 regulations in effect at the time of building permit issuance. 28 PC RESO NO. 6091 -10- 3MO 1 9. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the RDA, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the RDA arising, directly 4 or indirectly, from (a) the RDA's approval and issuance of this Redevelopment Permit, (b) the RDA's approval or issuance of any permit or action, whether discretionary or 5 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 including without limitation any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation ' survives until all legal proceedings have been concluded and continues even if the RDA's approval is not validated. o 9 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this Project has satisfied its 10 obligation to provide school facilities. 11 11. Building permits will not be issued for this Project unless the local agency providing sewer services to the Project provides written certification to the City that adequate sewer 12 facilities are available to the Project at the time of the application for the building permit, and that sewer capacity and facilities will continue to be available until the time of occupancy. 14 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 15 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 16 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3 and Zone 13, pursuant to Chapter 17 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become 18 void. 19 13. This Project shall comply with all conditions and mitigation measures which are required 20 as part of the Zone 3 and Zone 13 Local Facilities Management Plans and any amendments made to those Plans prior to the issuance of building permits. Should 21 amendments occur to the LFMPs, the applicant shall comply subject to the limitations of the Development Agreement (DA 05-01). 22 14. The approval shall become null and void if the Project does not become operational 3 within 10 years of the final discretionary approval, including the discretionary 24 approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 25 15. Developer shall implement, or cause the implementation of, the EIR 03-05 Project 26 Mitigation Monitoring and Reporting Program. 27 28 PC RESO NO. 6091 -11- 3H.f 16. As a condition of this approval, Developer must comply with the applicable requirements of all regulatory agencies having jurisdiction over the Project. ,. 17. This Project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 4 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this Project. Developer is aware that the City has adopted an In-Lieu 5 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 6 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent ' with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor(s) in interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit 10 or building permit, whichever occurs first. If the In-Lieu Mitigation Fee for this Project is not paid, this Project will not be consistent with the Habitat Management Plan and the 11 General Plan and any and all approvals for this Project shall become null and void. ig. Developer shall submit to the Housing and Redevelopment Director and the Planning Director a reproducible 24" x 36" mylar copy of the Redevelopment Permit reflecting the conditions approved by the final decision-making body. 14 19. Developer shall include, as part of the plans submitted for any permit plan check, a 15 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the Mitigation 16 Monitoring and Reporting Program). 20. The proposed fill area along the south side of the pretreatment filters and reverse osmosis building parking lot and driveway shall be landscaped with, at a minimum, trees, shrubs, and groundcover consistent with the City's Landscape Manual. 19 21. Developer shall submit and obtain Planning Director approval of a Final Landscape and 20 Irrigation Plan showing conformance with the conditions herein and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved 21 Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 22 22. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 23 landscape plan check process on file in the Planning Department and accompanied by the Project's building, improvement, and grading plans. 25 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 26 Code Chapter 21.105. The Planning Director shall approve location of said receptacles. Enclosure shall be of similar colors and/or materials to the Project to the satisfaction of 27 the Planning Director. 28 PC RESO NO. 6091 -12- 2H2- 1B 24. Developer shall report, in writing, to the Housing and Redevelopment Director and the Planning Director within 30 days, any address change from that which is shown on the - permit application. 4 25. Prior to the issuance of grading or building permits, whichever occurs first, Developer shall submit to the RDA a Notice of Restriction to be filed in the office of the County 5 Recorder, subject to the satisfaction of the Housing and Redevelopment Director and the Planning Director, notifying all interested parties and successors in interest that the 6 RDA of Carlsbad has issued a Redevelopment Permit Resolution No. 6091 on the property. Said Notice of Restriction shall note the property description, location of the ' file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10 Engineering 11 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this Project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 27. Developer shall apply for and obtain a grading permit from the City Engineer. 15 28. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start 16 of work has been submitted to the State Water Resources Control Board. 17 29. Developer shall have the entire drainage system designed, submitted to, and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6-hour and 24-hour storm durations shall be analyzed to determine the 20 detention basin capacities necessary to accomplish the desired results. 21 30. Prior to construction of water conveyance pipelines, Developer shall obtain all necessary permits and clearances as required by the Carlsbad Municipal Code. 22 31. Prior to the issuance of any grading or building permits, Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, a bridge rail to CalTrans standards on the easterly side of Carlsbad Boulevard over the cooling water 25 discharge culvert to the satisfaction of the City Engineer and the Planning Director. If determined appropriate by the Planning Director and the City Engineer, the 26 bridge rail shall be incorporated into the design of the decorative screen wall or fencing along the Encina Power Station's Carlsbad Boulevard frontage as required 27 28 PC RESO NO. 6091 -13- 1 by and conditioned in Planning Commission Resolution No. 6088 for Precise Development Plan POP 00-02. 2* „ 32. Prior to the issuance of any grading or building permits, Developer shall pay any required Planned Local Drainage Area (PLDA) fee as established in the Drainage 4 Master Plan adopted by the City at time of grading or building permit issuance for the approximately 3.2-acre portion of the Precise Development Plan property 5 occupied by the desalination plant. Developer acknowledges that its obligation for drainage area fees under the Drainage Master Plan is not affected by the 6 Developer's Development Agreement with the City. ' 33. Prior to the issuance of any certificate of occupancy, Developer shall demonstrate to the satisfaction of the City Engineer that site drainage from the new impervious surfaces which are part of the desalination plant has been captured for "source 9 water intake for filtration and ultimate domestic use" as describe on page 4.7-12 of the Final Environmental Impact Report. 10 Water 11 34. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to 12 determine the specific fire protection measures (fire flows, fire hydrant locations, 1 _ building sprinklers) required to serve the Project. 14 35. The Developer shall design and install sewer laterals and clean-outs to the satisfaction of and at locations approved by the Deputy City Engineer-Utilities. The locations of sewer 15 laterals shall be reflected on improvement plans. 16 Fire Department 17 36. The Developer shall design and install a new water main to provide potable water and fire service. The locations of the water main shall be reflected on improvement plans. 37. Fire hydrants shall be provided within 300 feet of any desalination plant structure. 38. All desalination plant habitable structures shall be fire-sprinklered per the California Fire 2U Code. 21 39. The Developer shall provide a Knox key entry system on all desalination plant buildings 22 as approved by the Fire Marshal. 23 Code Reminders 24 40. Developer shall pay a landscape plan check and inspection fee as required by Section 25 20.08.050 of the Carlsbad Municipal Code 26 41. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 27 permit issuance, except as otherwise specifically provided herein. 28 PC RESO NO. 6091 -14- 1 42. The Project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 43. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 3 Code Section 18.04.320. 4 44. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 6 NOTICE 7 0 Please take NOTICE that approval of your Project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 9 "fees/exactions." 10 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 11 66020(a), and file the protest and any other required information with the RDA Executive Director for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, .,, void, or annul their imposition. 14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 15 zoning, grading or other similar application processing or service fees in connection with this Project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 16 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6091 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006 by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTGOMERY, CARLSBAD PLANNING ATTEST: rperson MAR£ELA ESCOBAR-ECK Planning Director PCRESONO. 6091 -16- 1 PLANNING COMMISSION RESOLUTION NO. 6092 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 04-41 TO ALLOW THE 4 INSTALLATION OF UNDERGROUND PIPELINES TO - CONVEY DESALINATED WATER ALONG VARIOUS ALIGNMENTS IN THE MELLO II SEGMENT OF THE LOCAL 6 COASTAL PROGRAM AND NORTH OF PALOMAR AIRPORT ROAD AND IN LOCAL FACILITIES 7 MANAGEMENT ZONES 3, 5, 8, AND 13. CASE NAME: PRECISE DEVELOPMENT PLAN AND 8 DESALINATION PLANT 9 CASE NO.: CDP 04-41 10 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a * * verified application with the City of Carlsbad regarding property owned by various owners, 12 "Owners," described as 13 Properties and rights of way generally between Agua 14 Hedionda Lagoon, Palomar Airport Road, Avenida Encinas, and McClellan-Palomar Airport including (1) along portions of or crossings of streets, including Armada Drive, Avenida 16 Encinas, Cannon Road, Car Country Drive, Fleet Street, Legoland Drive, Palomar Point Way, and Paseo Del Norte; and 17 (2) properties identified by Assessor's Parcel Numbers 211-021-13, 211-023-11, 211-022-26, 211-100-02, 211-100-13, 18 211-100-11, 211-023-13, 211-100-14, 211-023-12, 208-186-04, 19 208-186-05, and 212-120-33 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 22 Development Permit for pipelines as shown on the attached Exhibit "CDP 04-41 Pipeline 23 Exhibit," dated May 3, 2006, and as shown and described in the Final Environmental Impact 24 Report (EIR 03-05) dated December 2005, on file in the Planning Department, PRECISE £*3 26 DEVELOPMENT PLAN AND DESALINATION PLANT - CDP 04-41 as provided by 27 Chapter 21.201.040 of the Carlsbad Municipal Code; and 28 WHEREAS, CDP 04-41 applies only to those pipelines proposed in the Mello II 2 segment of the City's Local Coastal Program and not to pipelines proposed in the Agua 3 Hedionda Lagoon segment or outside of the Coastal Zone; and4 c WHEREAS, the Planning Commission did, on the 3rd day of May 2006, hold a 6 duly noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony o and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the CDP. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ^2 Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That based on the evidence presented at the public hearing, the Commission APPROVES PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT - CDP 04-41 based on the following findings and subject to the 16 following conditions: 17 Findings; 18 1. That the proposed development is in conformance with the Mello II Certified Local 19 Coastal Program and all applicable policies in that the proposed project is consistent with, or otherwise implements, the following Mello IILCP policies: 20 a. Policy 2-6 - City Support of Efficient Agricultural Water Usage: "The City 21 will take measures to reduce the reliance of agricultural users on imported 22 water." This project provides the city and region with an innovative and alternative source of water that does not rely on imported water. While 23 reclaimed water will also serve non-agricultural users, the fact that another source of water will be available to the various water users in the city that is 24 not part of imported water supplies, makes this project consistent with this coastal policy. b. Policy 3-1 - Carlsbad Habitat Management Plan: "The Carlsbad Habitat 26 Management Plan is a comprehensive, citywide program to identify how the City, in cooperation with federal and state agencies, can preserve the 27 diversity of habitat and protect sensitive biological resources within the city and the Coastal zone." This project is in compliance with the provisions of 28 the HMP, as outlined in EIR 03-05 and also as reflected in the findings for Planning Commission Resolution No. 6094 approving HMPP 05-08. PC RESO NO. 6092 -2- ^ - 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 2 of the Coastal Act in that project pipelines will be installed underground and, therefore, will not impact public access opportunities nor recreational resources. 3 3. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and the Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Steep slopes with native vegetation will not be impacted since pipelines are proposed for city rights-of-way in gently sloping areas without sensitive habitat, or via trenchless drilling construction methods as outlined in EIR 03-05. Further, only the project's underground pipelines are proposed for 9 installation in Cannon Road where it crosses floodplain boundaries and, therefore, would not contribute to flooding impacts. 10 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated May 3,2006, including, but not limited to that the installation of a pipeline is consistent with the Land Use Element of the General Plan in that the 13 pipeline is allowed in all General Plan land use designations. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local , <- Facilities Management Plan for Zones 3, 5, 8, and 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 16 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 17 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, the proposed pipelines do not generate any facility plan improvement 19 requirements or funding. 20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions; 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of permits or improvement plan approvals. _, 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 27 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 28 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the PC RESO NO. 6092 -3- property title; institute and prosecute litigation to compel their compliance with said 2 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit 3 other than those described in the Development Agreement (DA 05-01). 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections f and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of improvement plan approval or permit issuance and 9 consistent with the Development Agreement (DA 05-01). 10 4. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting 11 Program, POP 00-02, SP 144(H), DA 05-01, RP 05-12, SUP 05-04, and HMPP 05-08, 12 and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 6088, 6089, 6090, 6091, 6093 and 6094 for those other approvals incorporated herein by 13 reference. 14 5. Approval is granted for Coastal Development Permit CDP 04-41 as shown and i<r described in the Final Environmental Impact Report 03-05, dated December 2005, on file in the Planning Department and incorporated herein by reference. Development 16 shall occur substantially as shown and described unless otherwise noted in these conditions. 17 1 „ 6. Those portions of the desalinated water conveyance pipelines located within the City of Carlsbad but outside of the City's coastal zone are not approved as part of this 19 permit and are subject to future permits by the City of Carlsbad, and will be subject to the requirements of the Carlsbad Municipal Code. 20 7. The approval shall become null and void if the project does not become operational within 10 years of the final discretionary approval, including the discretionary 22 approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 23 8. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 24 harmless the City of Carlsbad, its Council members, officers, employees, agents, and „„ representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 26 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 27 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation PC RESO NO. 6092 -4- S52> survives until all legal proceedings have been concluded and continues even if the City's 2 approval is not validated. 3 9. Developer shall implement, or cause the implementation of, the EIR 03-05 Project Mitigation Monitoring and Reporting Program. 4 - 10. Prior to installation of any pipeline, the Developer must comply with the requirements of the City of Carlsbad and all regulatory agencies having jurisdiction over the project 6 and any mitigation requirements of the environmental documents for the project and as consistent with the Development Agreement (DA 05-01). 7 Code Reminders8 n The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 10 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein and except as may be modified by the provisions of Development Agreement (DA 05-01). 13 NOTICE14 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 16 "fees/exactions." *' You have 90 days from date of final approval to protest imposition of these fees/exactions. If 1 o you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 19 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 20 annul their imposition. 21 T~™You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 23 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 25 26 27 28 PC RESO NO. 6092 -5-asi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the following vote, to wit: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTeOMER\§j*hairperson CARLSBAD PLANNING COMMISSION ATTEST: MARCELA ESCOBAR-ECK Planning Director PC RESO NO. 6092 -6-262. >a\SO'66ZJ\Bu!UUB|a\S)Dnpojd\2S!Djeo\:r"^63. 1 PLANNING COMMISSION RESOLUTION NO. 6093 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO ALLOW THE 4 INSTALLATION OF UNDERGROUND PIPELINES TO 5 CONVEY DESALINATED WATER ALONG CANNON ROAD BETWEEN FARADAY AVENUE AND COLLEGE 6 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 8 AND 14. 7 CASE NAME: PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT 8 CASE NO: SUP 05-04 9 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by the City of 12 Carlsbad, "Owner," described as 13 The Cannon Road right-of-way between Faraday Avenue and College Boulevard 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Floodplain 17 Special Use Permit as shown on the attached Exhibit "SUP 05-04 Floodplain Exhibit" dated 1R May 3, 2006, and as shown and described in the Final Environmental Impact Report 19 (EIR 03-05) dated December 2005 on file in the Planning Department PRECISE 20 DEVELOPMENT PLAN AND DESALINATION PLANT - SUP 05-04, as provided by 21 22 Chapters 21.40 and 21.110 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on the 3rd day of May, 2006 hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Floodplain Special Use Permit. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES PRECISE DEVELOPMENT PLAN AND DESALINATION 6 PLANT - SUP 05-04, based on the following findings and subject to the following conditions: 7 Findings: o 9 1. The site is reasonably safe from flooding in that the project consists of construction in the right-of-way of existing Cannon Road. 10 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that no habitable structure is proposed. 12 3. The proposed project does not create a hazard for adjacent or upstream properties or 13 structures in that potential impacts will occur only during construction as all components of the project will be placed underground. 14 j,. 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that all components of the project will be placed 16 underground. 17 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that all components of the project will be placed underground. 19 6. The proposed project taken together with all the other known, proposed, and anticipated 20 projects will not increase the water surface elevation of the base flood more than one foot at any point in that all components of the project will be placed underground. 22 7. As conditioned, the project is subject to the mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) for EIR 03-05. One 23 mitigation measure that requires any construction occurring within a 100-year flood hazard to happen only during dry months (May 1 - September 30), unless the City 24 determines, before it issues any permits for development in the flood hazard area, that such construction would not impede or redirect flood flows and would not expose people or structures to flooding. 26 8. All other required state and federal permits have been obtained or will be obtained prior 27 to issuance of permits or approvals. 28 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in PC RESO NO. 6093 -2- the staff report dated May 3,2006, including, but not limited to that the installation of a 2 pipeline is consistent with the Land Use Element of the General Plan in that the pipeline is allowed in all General Plan land use designations. 3 10. The Planning Commission also finds that the project, as conditioned herein, conforms to the City's Local Coastal Program for the portion of the project that is c within the Mello II segment of the Program in that the pipelines will be installed entirely within existing road right-of-way and will not affect habitat, public views, 6 or coastal access, and will conform to requirements to ensure proper erosion control and drainage. 7 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 and Zone 14 and all City public facility policies 9 and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 10 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 12 Specifically, the proposed pipeline does not generate any facility plan improvement requirements or funding. 13 12. The Planning Commission has reviewed each of the exactions imposed on the Developer 14 contained in this resolution, and hereby finds, in this case, that the exactions are imposed _ to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 16 Conditions; 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of permits or improvement plan approvals, whichever occurs first. 19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 20 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 21 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 23 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 24 or a successor in interest by the City's approval of this Special Use Permit, other than those described in the Development Agreement (DA 05-01). ^•J 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them 27 internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development 28 different from this approval shall require an amendment to this approval. PC RESO NO. 6093 -3- 3. This approval is granted subject to the certification, adoption, and approval of the 2 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting Program, PDF 00-02, SP-144 (H), DA 05-01, RP 05-12, CDP 04-41, and HMPP 05-08 3 and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 6088, 6089, 6090, 6091, 6092, and 6093 for those other approvals incorporated herein by reference. 4. Approval is granted for Special Use Permit SUP 05-04 as shown and described in the 6 Final Environmental Impact Report 03-05, dated December 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur 7 substantially as shown and described unless otherwise noted in these conditions. 8 5. Developer shall comply with all applicable provisions of federal, state, and local laws and q regulations in effect at the time of improvement plan approval or permit issuance and consistent with the Development Agreement (DA 05-01). 10 6. The approval shall become null and void if the project does not become operational 11 within 10 years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 13 7. Developer shall and do hereby agree to indemnify, protect, defend and hold harmless the 14 City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, 15 including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 17 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 18 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been 1" concluded and continues even if the City's approval is not validated. 20 8. Developer shall implement, or cause the implementation of, the EIR 03-05 Project 21 Mitigation Monitoring and Reporting Program. 22 9. Prior to installation of any pipeline, the Developer must comply with the requirements of the City of Carlsbad and all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project and as 24 consistent with the Development Agreement (DA 05-01). 25 Code Reminders 26 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building PC RESO NO. 6093 -4- permit issuance, except as otherwise specifically provided herein and except as may be 2 modified by the provisions of Development Agreement (DA 05-01). 3 NOTICE 4 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 5 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 6 _ You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section g 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 9 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 12 zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 1 . expired. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6093 -5- 35? \ \ / \>3r /,/x> v i J> " x SUP 05-04 Floodplain Exhibit /A \ May 3, 2006 Legend PIPELINES 100 YEAR FLOOD PLAIN COASTAL ZONE 1 PLANNING COMMISSION RESOLUTION NO. 6094 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 TO ALLOW TEMPORARY IMPACTS ON NATIVE AND NON- 5 NATIVE HABITATS FOR THE CONSTRUCTION OF THE CARLSBAD SEAWATER DESALINATION FACILITY AND 6 APPURTENANT FACILITIES, INCLUDING WATER CONVEYANCE PIPELINES, AT THE ENCINA POWER 7 STATION AND ON VARIOUS PROPERTIES AND EXISTING AND FUTURE ROADWAYS WITHIN THE CITY OF 8 CARLSBAD IN LOCAL FACILITIES MANAGEMENT ZONES 9 3, 5, 7, 8, 13, 14, 15, 16, AND 18 CASE NAME: PRECISE DEVELOPMENT PLAN AND 10 DESALINATION PLANT CASE NO: HMPP 05-0811 12 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a 13 verified application with the City of Carlsbad regarding property owned by various owners, 14 "Owners," described as Properties and existing and future street rights of way in the 16 central and northeastern portions of the City of Carlsbad, all north of Palomar Airport Road, which include Avenida 17 Encinas, Armada Drive, Cannon Road, Car Country Drive, College Boulevard (existing and extended), Faraday Avenue (existing and extended), Fleet Street, Legoland Drive, Melrose jg Drive (extended), Palomar Point Way, Paseo Del Norte, and properties identified by Assessor's Parcel Numbers 211-021-13, 20 211-023-11, 211-022-26, 211-100-02, 211-100-13, 211-100-11, 211-023-13, 211-100-14, 211-023-12, 208-186-04, 208-186-05, 21 and 212-120-33, 210-010-41, 210-010-43, 210-010-42, 210-011- 05, and 211-010-24, 211-010-31, 208-020-44, 169-230-02, 169- 500-05, 213-020-18, 209-050-25, 212-062-08, 212-062-09, 212- 23 062-06 24 ("the Property"); and 95 WHEREAS, the City of Carlsbad has received authorization to issue permits to 26 impact various sensitive species and habitats, including species listed as Threatened or 27 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 28 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 2 and 3 WHEREAS, the authority stated above is based on a plan titled Habitat - Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 6 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 7 consistency with the HMP; and g WHEREAS, said verified application by Developer constitutes a request for a 9 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning 10 Department; and11 , 2 WHEREAS, the Planning Commission did on the 3rd day of May 2006, consider 13 said request; and 14 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 16 relating to the Habitat Management Plan Permit. 17 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning18 ,Q Commission as follows: 20 A) That the foregoing recitations are true and correct. 21 B) That the PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT project is consistent with the HMP as described in the following findings. 23 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMPP 24 05-08, for the PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT project based on the following findings and subject to the following conditions: 26 Findings; 27 1. The development project complies with the purpose and the intent provisions of Carlsbad 2** Municipal Code Section 21.210.10 in that the Precise Development Plan and Desalination Plant project proposes uses consistent with (a) the General Plan Land PC RESO NO. 6094 -2- Use Element, both in terms of the Carlsbad Seawater Desalination Plant and the 2 water conveyance pipelines; and (b) the Open Space and Conservation Element in that impacts to sensitive habitat are temporary and subject to mitigation and are 3 avoided if possible; (c) the project complies with the HMP and proposes appropriate mitigation measures as identified in the Final EIR 03-05; (d) as further outlined in the Final EIR 03-05, the project does not create significant impacts to covered c species; and (e) project components are primarily concentrated in roadways, in disturbed areas, or are constructed with techniques (e.g., trenchless construction) 6 which maintains the integrity of hardline preserve areas and preservation of natural, diverse habitats. 7 2. The proposed development is in compliance with all provisions of the Carlsbad Habitat Management Plan (HMP), the Implementing Agreement, the Multiple Habitat 9 Conservation Plan (MHCP), the Natural Community Conservation Plan (NCCP) and 10(a)l(B) permit conditions, the preservation requirements set forth in Carlsbad 10 Municipal Code Section 21.210.13 and the management requirements set forth in Section 21.210.14 in that (a) while hardline preserve or standards areas are crossed by proposed project pipelines, the crossings only occur through the use of trenchless 12 drilling construction techniques or in existing or future roadways. For pipeline alignments planned in future roadways, such as College Boulevard between Cannon 13 Road and El Camino Real, pipeline construction would not precede roadway construction; (b) mitigation for temporary habitat impacts is proposed according to 14 the ratios contained in HMP Section D.6, Table 11 and habitat disturbed will be re vegetated; (c) the project complies with HMP standards for the Coastal Zone; (d) the project is conditioned to pay the appropriate habitat in lieu mitigation fee; and (e) the project is conditioned accordingly with the management requirements set forth in Section 21.210.14. 17 3. The project design as approved by the city has avoided and minimized impacts to habitat and covered species to the maximum extent feasible in that (a) all impacts to habitat and covered species are temporary and habitat disturbed will be re vegetated to the preconstruction condition and mitigated at required ratios; (b) the project primarily 20 affects disturbed and isolated patches of habitat along roadways or in developed areas; (c) the pipeline alignments, in many cases, have been designed to specifically 21 avoid natural habitat or vegetation impacts via the use of trenchless drilling construction techniques and/or location of pipeline alignments within existing or planned rights of way for circulation element roadways including Faraday Avenue, 23 College Boulevard, and Cannon Road; pipeline alignments planned in future roadways, such as College Boulevard between Cannon Road and El Camino Real, 24 pipeline construction would not precede roadway construction; and (d) the project is subject to mitigation measures requiring best management practices to limit indirect temporary impacts due to construction (e.g., dust, noise, water quality). 26 4. The take of covered species is consistent with the Citywide incidental take permit issued 27 for the HMP and will be incidental to otherwise lawful activities related to construction and operation of the project and will not appreciably reduce the likelihood of survival and recovery of the species in that project impacts are temporary and are related to construction of the Precise Development Plan and Desalination Plant project; and PC RESO NO. 6094 -3- the authorization to take species of concern is subject to continuous compliance with 2 all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the 3 Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, the Biological Opinion, and the Mitigation and Monitoring Program for Final 4 EIR 03-05. 5. The Planning Commission hereby finds that all development in Carlsbad benefits from 6 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 7 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 9 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic, and environmental benefits from the 10 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in * * turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on j2 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 13 6. That the Planning Director is authorized to sign the Take Permit. 14 Conditions; ,g 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 17 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 18 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 20 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Habitat Management Plan 21 Permit other than those described in the Development Agreement (DA 05-01). 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 and modifications to the Habitat Management Plan Permit documents, as necessary, to make them internally consistent and in conformity with the final action on the project. 24 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 25 3. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 27 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 28 or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or PC RESO NO. 6094 -4- nondiscretionary, in connection with the use contemplated herein, and 2 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 3 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4. This approval is granted subject to the certification, adoption, and approval of the 6 Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting Program, PDF 00-02, SP 144(H), DA 05-01, RP 05-12, CDP 04-41, and SUP 05-04, and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 6088, 6089, 6090, 6091, 6092, and 6093 for those other approvals incorporated herein by reference. 9 5. Developer shall implement, or cause the implementation of, the EIR 03-05 Project 10 Mitigation Monitoring and Reporting Program. 6. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 13 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 7. Prior to issuance of a grading permit, building permit, or other permit or approval, 1 _ whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for 18 natural habitat in conformance with the city's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City «1 for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. 22 c. Based on the results of the PAR, provide a nonwasting endowment or other -» financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space 24 lot(s) in perpetuity. The Conservation Easement shall provide that the nonwasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to 25 Dedicate fee title to the open space lot(s). 26 d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. 27 e. Prepare an Interim Management Plan which will ensure adequate management of 28 the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. PC RESO NO. 6094 -5- 1 2 8. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, normative grassland, and disturbed lands, which provide some benefits 3 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-Lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City <- Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 6 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 7 General Plan. The fee shall be paid prior to issuance of a grading permit, building permit, or other permit or approval, whichever occurs first. If the In-Lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management 9 Plan and the General Plan and any and all approvals for this project shall become null and void. 10 9. The approval shall become null and void if the project does not become operational within 10 years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 13 14 NOTICE 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 16 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 19 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 23 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 25 26 27 28 PC RESO NO. 6094 -6-245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 3rd day of May 2006, by the following vote, to wit: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTGOMERY, (J^Hrperson CARLSBAD PLANNING COMMISSION ATTEST: M^RCELA ESCOBAR-ECK Planning Director PCRESONO. 6094 -7- EXHIBIT 8 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No.© P.C. AGENDA OF: December 21,2005 Application complete date: February 24,2005 Project Planner: Scott Donnell Project Engineer: Bob Wojcik SUBJECT: E1R 03-05/PDP 00-02/SP 144fHVSUP OS-04/CDP 04-41/DA 05-01/RP/HMP 05-08 - PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT - Information item for the proposed Precise Development Plan for the Carlsbad Seawater Desalination Plant and Encina Power Station and other related permits. I. RECOMMENDATION That the Planning Commission take no action as this is an information item only. II. INTRODUCTION Staff has scheduled this information item to provide the Planning Commission with an introduction to and overview of the Precise Development Plan and Desalination Plant project. The project is a joint submittal of Cabrillo Power, owner of the Encina Power Station, and Poseidon Resources, proponent of the desalination plant. The power station, originally completed in 1952, covers approximately 95 acres between Carlsbad Boulevard and Interstate 5 and is bordered on the north by Agua Hedionda Lagoon. While the proposed desalination plant is proposed on the power station grounds, the project also features several miles of pipelines that would extend into Vista and Oceanside and a connection to the Encina Power Station ocean discharge. This information item is a noticed public hearing, which provides the public an opportunity to comment. However, the Planning Commission will take no action on the project at this time. Instead, the formal public hearing for this project is tentatively set for January 18, 2006. After the Planning Commission makes a recommendation on the project following the formal hearing, the project will be scheduled for public hearing before the City Council and Housing and Redevelopment Commission for final city approval and certification of the EIR. There are a number of attachments to this staff report. Staff has already provided these attachments to the Planning Commission so Commissioners have adequate time to review them before the formal public hearing. The Commission is not expected to have reviewed the attachments for this information item. III. PROJECT DESCRIPTION AND BACKGROUND The project involves a host of different permits not only from the City of Carlsbad but other local, state, and federal agencies as well. Following is a listing of the project's primary components and necessary permits. EIR 03-05/PDP 00-02/SP 144(H)/SUP 05-04/CDP 04-41/DA 05-01/RP/HMP 05-08 - PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT December 21,2005 Page2 • Precise Development Plan POP 00-02: The Precise Development Plan (PDF) is a Zoning Ordinance requirement for development in the Public Utilities (P-U) Zone, While it is the permit necessary for the desalination plant, the PDP also would serve as the planning document for the whole Encina Power Station. As such, the PDP serves somewhat like a specific or master plan by providing planning areas, basic development standards, and review and amendment procedures for improvements proposed at the power station. • Desalination Plant: On a four-acre site currently occupied by a fuel oil storage tank at the Encina Power Station, Poseidon Resources proposes to construct a plant that would desalinate approximately 100 million gallons per day (mgd) of power plant cooling water into approximately 50 mgd of potable water. Much of the desalination and pumping equipment would be housed in a building that resembles an industrial office building. • Pipelines: From the desalination plant, new pipelines would extend into the cities of Carlsbad, Oceanside and Vista to deliver product water to Carlsbad and local water districts for use by homes and businesses. Most proposed pipelines would be built in existing or future roadways and different pipeline alignments are under consideration. Cannon Road, College Boulevard, Faraday Avenue, and Melrose Drive are some of the roadways the different alignments would follow. • Environmental Impact Report EIR 03-05: The City has prepared an environmental impact report (EIR) for this project. The EIR considers potential impacts associated with all project components, including marine biological impacts and those project aspects in the cities of Oceanside and Vista. • Coastal Development Permit: The project is required to obtain a coastal development permit from the California Coastal Commission. A coastal permit from the Commission is needed because the desalination plant and some of the pipelines are located in the Agua Hedionda Lagoon segment of the Carlsbad Local Coastal Program, a segment for which the City does not have the authority to issue a coastal permit. Coastal Commission review would occur after the City's review. A coastal development permit is also needed from the City of Carlsbad for portions of the proposed pipelines outside the Agua Hedionda Lagoon segment but still in the Coastal Zone. • Specific Plan Amendment SP -144(H): The Encina Power Station, Agua Hedionda Lagoon, and adjacent areas are located in the Encina Specific Plan. An amendment to this specific plan is necessary to incorporate the PDP into the specific plan. • Other Permits: Along with a PDP and coastal development permit, some of the other permits the project will require include a redevelopment permit as the project is in the South Carlsbad Coastal Redevelopment Plan, Development Agreement (DA), Special Use Permit (floodplain), and Habitat Management Plan Permit from the City of Carlsbad. Please note that a case number for the redevelopment permit is pending. Further, the Development Agreement is still under negotiation and has not been provided as an attachment. Other agency permits include a Domestic Water Supply permit form the State Department of Health Services; a lease from the California State Lands Commission for portions of the project extending to state-owned lands; an Industrial Waste Permit from EIR 03-05/PDP 00-02/SP 144(H)/SUP 05-04/CDP 04-41/DA 05-01/RP/HMP 05-08 - PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT December 21,2005 Page 3 the Encina Wastewater Authority; and permits from agencies such as the City of Vista and various water districts for which connection to existing water systems is sought. IV. ANALYSIS To assist in the Commission's understanding of this project and aid in its formal project review tentatively set for January 18, 2006, staff intends to present this project according to the following outline: • Project introduction, history, and permit requirements • Comprehensive overview of desalination process and onsite and offsite facilities • EIR contents • Summary of EIR public comments and responses prepared to them, including discussion of main concerns expressed • Commission question and answers • Public testimony Both the applicant and the City's environmental consultant will attend the meeting to present and answer any questions. V. ENVIRONMENTAL REVIEW The City circulated for public review the project's draft EIR beginning in May 2005. A final EIR has been prepared, incorporating public comments and the City's responses to those comments. The EIR will require review and recommendation by the Planning Commission and subsequent certification by the City Council and Housing and Redevelopment Commission. ATTACHMENTS; (Please note that the PDP and SP are still in draft form and are subject to change.) 1. Final Environmental Impact Report EIR 03-05 2. Draft Precise Development Plan PDP 00-02 3. Draft Specific Plan 144(H)