HomeMy WebLinkAbout2022-10-05; Planning Commission; Resolution 7464PLANNING COMMISSION RESOLUTION NO. 7464
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING FINDINGS THAT THE PROPOSED
PROJECT IS CONSISTENT WITH THE PREVIOUS ADDEDNUM, AS
SUPPLEMENTED BY THE DUDEK SEPTEMBER 2022 MEMORANDUM, TO
FINAL ENVIRONMENTAL IMPACT REPORT EIR 03-05, AND APPROVING A
CONDITIONAL USE PERMIT AND SPECIAL USE PERMIT TO MODIFY THE
CARLSBAD DESALINATION PLANT INTAKE AND DISCHARGE SYSTEMS ON
PROPERTY AT 4590 CARLSBAD ON THE GROUNDS OF THE FORMER
ENCINA POWER STATION AND IN THE ADJACENT AGUA HEDIONDA
LAGOON, ALL IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD DESALINATION PLANT INTAKE AND
DISCHARGE MODIFICATIONS
CASE NO.: CUP 2022-0010/SUP 2022-0006 (DEV 2022-0139)
WHEREAS, Poseidon Resources {Channelside) LP, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Cabrillo Power I LLC, "Owner,"
described as
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 of the County Recorder of San Diego
County, November 16, 1896, and identified by Assessor's Parcel
Numbers 210-010-45 and 210-010-49
{"the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit and
Special Use Permit as shown on Exhibit{s) "A" -"M" dated October 5, 2022, on file in the Planning
Division, CUP 2022-0010/SUP 2022-0006 -CARLSBAD DESALINATION PLANT INTAKE AND DISCHARGE
MODIFICATIONS, as provided by Chapters 21.42 and 21.110 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act {CEQA, Public Resources
Code section 21000 et. seq.) and its implementing regulations {the State CEQA Guidelines), Article 14 of
the California Code of Regulations section 15000 et. seq ., the City of Carlsbad certified a Final
Environmental Impact Report {EIR 03-05) {State Clearinghouse No. 2004041081) on June 13, 2006 and
approved the Precise Development Plan {PDP 00-02) and Carlsbad Desalination Project {"CDP") project.
The Final EIR analyzed an annual average 50 million gallon per day seawater desalination plant co-located
with the Encina Power Station and offsite water conveyance facilities located in the cities of Carlsbad,
Oceanside, and Vista . The CDP was subsequently modified, and the environmental impacts of these minor
changes were analyzed in the First through Fifth Addenda; and
WHEREAS, On August 25, 2016, the San Diego County Water Authority ("Water
Authority") adopted a supplement to the Final EIR (State Clearinghouse No. 2015091060) ("Supplemental
EIR") to evaluate changes to the CDP's intake and discharge system ("2016 Modifications") that would
facilitate the closure of the Encina Power Station and the CDP's transition to permanent stand-alone
operations in response to the Amendment to the Water Quality Control Plan for Ocean Waters of the
California (the "Desalination Amendment"). After the Water Authority approved the Supplemental EIR
and the 2016 Modifications, the San Diego Regional Water Quality Control Board identified design
modifications to the CDP's intake and discharge system that would further reduce biological impacts. The
Water Authority analyzed these changes in the Sixth Addendum, prepared in February 2019. In 2021,
Poseidon proposed further modifications to the intake design to move the new intake structure closer to
the shore, eliminate the intake pipelines, and use dual flow screens for debris removal and screen
maintenance from the shore. The Water Authority's Seventh Addendum, prepared in May 2022 and
approved by the Water Authority as Lead Agency under the California Environmental Quality Act (CEQA),
analyzed these incremental changes, and is supplemented by Dudek's September 20, 2022 technical
memora_ndum ("Dudek September 2022 Memorandum") assessing potential environmental impacts,
including cumulative impacts, of the CDP and the city's temporary Fire Station 7 approved on the former
Encina Power Station grounds and approximately 400-feet south of the project; and
WHEREAS, in its consideration of the project, the City of Carlsbad is a Responsible Agency
under CEQA and may use an addendum prepared by a Lead Agency as described in CEQA Guidelines
sections 15050 and 15164; and
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WHEREAS, sections 15162 through 15164 set the criteria for determining the appropriate
additional environmental documentation, if any, to be completed when there is a previously certified EIR
or addendum covering the project for which a subsequent discretionary action is required; and
WHEREAS, the Planning Commission did, on October 5, 2022, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
findings that the project is consistent with the previous addendum to Environmental
Impact Report EIR 03-05, as supplemented by the Dudek September 2022 memorandum,
and APPROVES CUP 2022-0010/SUP 2022-0006 -CARLSBAD DESALINATION PLANT
INTAKE AND DISCHARGE MODIFICATIONS, based on the following findings and subject
to the following conditions:
Findings:
Environmental (CEQA and CMC Chapter 19.04)
1. An Addendum to the EIR has been prepared by the Water Authority, acting as the Lead Agency,
in compliance with all requirements contained in CEQA and CEQA Guidelines.
2. In determining whether the proposed project has a significant effect on the environment, the
Planning Commission is able to base its decision on substantial evidence and has complied with
Public Resources Code section 21082.2 and CEQA Guidelines section 15091(b). The Planning
Commission has reviewed the scope of the project and it has been determined that none of the
requirements in CEQA Guidelines sections 1512 or 15163 calling for the preparation of a
subsequent or supplemental EIR have been triggered. The Final EIR and Addendum, as
supplemented by the Dudek September 2022 memorandum, have fully analyzed and mitigated,
where feasible, in compliance with CEQA, all potentially significant environmental impacts, if any,
that would result from the project modifications, that the impacts to the environment as a result
of the modifications are consistent with and would not create substantial new or increased
impacts beyond those th~t were evaluated in the EIR and Addendum. Mitigation measures were ·
developed to reduce potential impacts. Mitigation measures are incorporated as part of the
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project's construction drawings or conditions of approval to reduce impacts to a level less than
significant.
3. The Planning Commission hereby finds that after considering the public comments.received and
the evidence and testimony before it, that the Final EIR and Addendum, as supplemented by the
Dudek September 2022 memorandum, reflect the independent judgement of the city as the
Responsible Agency; and that the Final EIR and Addendum, as supplemented by the Dudek
September 2022 memorandum, are adequate and provide good-faith disclosure of available
information on the project and all reasonable and feasible alternatives thereto. The Final EIR and
Addendum, as supplemented by the Dudek September 2022 memorandum, have eliminated or
substantially lessened all significant effects on the environment where feasible as shown in
findings under Section 15091.
3. The custodian of the documents and other materials which constitute the record of proceedings
upon which this decision is based is the Office of the City Clerk of the City of Carlsbad, 1200 Village
Drive, Carlsbad, CA 92008.
Conditional Use Permit CUP 2022-0010
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the project facilitates the
transition to a stand-alone operation of the Claude "Bud" Lewis Carlsbad Desalination Plant
(CDP) in light of the decommissioning of the Encina Power Station. The project also enables
continued use of parts of the power plant's intake and discharge structures but would modify
the screening system and other related infrastructure to minimize intake and mortality of all
forms of marine life and thus allow conformity to the state's Ocean Plan requirements for
seawater desalination facilities, which complies with Goal 4-G.3 of the General Plan Open
Space, Conservation and Recreation Element to "protect environmentally sensitive lands,
wildlife habitats, and rare, threatened or endangered plants and animal communities." Use of
water from Agua Hedionda Lagoon in an environmentally sensitive manner also helps achieve
consistency with Goal 4-G.1 of the same element, "develop a balanced and integrated open
space system reflecting a variety of considerations-resource conservation, production of
resources, recreation, and aesthetic and community identity-and ensuring synergies between
various open space components and compatibility with land use planning."
Further, the CDP has created a local water supply that is not subject to the variations of drought
or political and legal constraints on water supplies. As drought conditions continue to worsen
throughout the state and much of the Southwest, the CDP's importance in providing a secure,
climate-resilient water supply increases. The project will allow the CDP to continue to provide
10% of San Diego County's water supply and provide water supply redundancy for the county,
offsetting the potential supply disruptions of imported water and continuing to strengthen
security and reliability of water supply for residents and businesses throughout the county; this
is supportive of Goal 2-G.21 of the Land Use and Community Design Element, "ensure that
adequate public facilities and services are provided in a timely manner to preserve the quality
of life of residents;" and Goal 9-G.4 of the Sustainability Element, "reduce the city's reliance on
imported water." Also, as noted in the San Diego County Water Authority's 2020 Urban Water
Management Plan ("UWMP"), "[a] growing share of local supply comes from recycled water,
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groundwater recovery, potable reuse, and seawater desalination projects. Yield from these
projects is considered drought-resilient since the projects are primarily independent of
precipitation."
In addition, while the General Plan anticipates redevelopment of the power plant property with
visitor-commercial uses and community accessible open space, it also specifically recognizes the
desalination plant and related infrastructure will remain. As part of the General Plan wording
regarding redevelopment of the power plant, Land Use and Community Design Element Policy
2-P.83 states (in part), "The desalination plant shall remain on approximately 11 acres (six acres
for the desalination plant and approximately five acres of non-exclusive easements) west of the
railroad tracks."
Finally, on Sept. 8, 2022, the California Coastal Commission approved with conditions coastal
development permit application 9-22-0535. As the Agua Hedionda Lagoon and former Encina
Power Station are in a "deferred certification" area of the Coastal Zone, it is the Coastal
Commission, not the city, that issues the coastal development permit and thus determines
consistency with relevant provisions of the Coastal Act. Though the Coastal Commission retains
permit authority, the Agua Hedionda Land Use Plan is an incorporated part of the city's Local
Coastal Program and provides generally policy level regulation for the deferred certification
area. The proposal to modify the desalination plant's intake and discharge conforms to Land
Use Plan provisions on general land use, building height, and protection of water quality.
Further, the project does not conflict with plan standards regarding public access, views, or
recreational use of the lagoon.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that project improvements are adequately
screened from Carlsbad Boulevard and other public viewpoints due to topography, intervening
structures, landscaping, and distance. Project features, for example, are more than 1,500 to
2,400 feet from the nearest residence, which is along Garfield Street. Additionally, the project
is consistent with the type of uses permitted in the Public Utilities Zone, which identifies
processing, using and storage of domestic water supplies as a permitted use, and modifies and
supplements existing features of the Claude "Bud" Lewis Carlsbad Desalination Plant. Further,
project features in the Open Space Zone are tucked close to the southernmost extent of the
outer portion of Agua Hedionda and appear as a reasonable extension of existing desalination
equipment in this area; this area is not publicly accessible and has long been used for industrial
purposes and aquaculture. Finally, the temporary parking lot to serve the Fish Farm is situated
below the adjacent grade of Carlsbad Boulevard, which will help screen the view of parked cars
from the street.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the project complies with the Encina Power Station Precise Development Plan, which
prescribes the development standards for project features in the Public Utilities (P-U) Zone, and
the standards of the Open Space (O-S) Zone, which applies to the majority of improvements in
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the Agua Hedionda Lagoon and to the majority of the Fish Farm temporary driveways and
parking lot.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is served by Carlsbad Boulevard, a street
providing regional access and designated by the General Plan as a "Coastal Street" with the
capacity to support a variety of vehicles. Further, the project would not increase permanent staffing
at the Carlsbad Desalination Plant that would create additional operational vehicle trips.
Special Use Permit SUP 2022-0006
5. The site is reasonably safe from flooding in that improvements are concentrated in a small
portion of Agua Hedionda Lagoon, represent minimal disturbance of the lagoon, and ·are
designed to continue to allow water to pass under and through proposed improvements and
would not have sigi:,ificant impacts in terms of impeding or redirecting flood flows or exposing
people to significant risk of loss, injury or death involving flooding.
6. The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that the project contains no habitable structures.
7. The proposed project does not create a hazard for adjacent or upstream properties or structures
in that improvements are concentrated in a small portion of Agua Hedionda Lagoon, represent
minimal disturbance of the lagoon, and are designed to continue to allow water to pass under
and through proposed improvements.
8. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that the project improvements are concentrated in a
small portion of Agua Hedionda Lagoon, represent minimal disturbance of the lagoon, and are
designed to continue to allow water to pass under and through proposed improvements and
would not have significant impacts in terms of impeding or redirecting flood flows or exposing
people to significant risk of loss, injury or death involving flooding.
9. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-
year frequency in that the project improvements are concentrated in a small portion of Agua
Hedionda Lagoon, represent minimal disturbance of the lagoon, and are designed to continue
to allow water to pass under and through proposed improvements. Further, Developer's
continued use of Agua Hedionda Lagoon for CDP source water requires periodic and ongoing
maintenance dredging of the lagoon, which increases the physical capacity of the lagoon and,
therefore, its ability to accommodate floodwaters.
10. The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that project improvements within the floodplain would impact an area fewer than two acres, a
very small portion of the more than 300-acre Agua Hedionda Lagoon.
11. All other required state and federal permits have been obtained in that Developer has obtained
a Coastal Development Permit from the California Coastal Commission and is conditioned to
comply with and subject to all permits and approvals as necessary from various state and
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federal agencies, including the San Diego Regional Water Quality Control Board, U.S. Army
Corps of Engineers, U.S fish and Wildlife Service, and National Marine Fisheries Services.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading or
building permits for the desalination plant modifications, whichever occurs first.
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 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 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 Conditional Use Permit or
Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit and Special Use Permit documents, as necessary to
make 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. As a condition to approval of the Conditional Use Permit and Special Use Permit, the Developer
shall obtain a valid Coastal Development Permit from the California Coastal 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 City Planner. If the approval is substantially
different, amendments to the Conditional Use Permit and Special Use Permit shall be required.
5. 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 invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
6. 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
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 or indirectly,
from (a) city's approval and issuance of this Conditional Use Permit and Special Use Permit, (b)
city's approval or issuance of any permit or action, whether discretionary or 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
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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 city's approval is not validated.
7. . Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the {Site Plan or other),
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition .
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval shall become null and void if building permits are not issued fo r this project within
24 months from the date of project approval.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #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 Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 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 void.
13. Prior to the issuance of the building or grading permit, whichever occurs first, Developer shall
submit to the city a Notice of Restriction executed by the owner of the real property to be
developed. Said notice is to be filed in the office of the County Recorder, subject to the
satisfaction of the City Planner, notifying all interested parties and successors in interest that the
City of Carlsbad has issued Conditional Use Permit CUP 20220-0010 and Special Use Permit SUP
2022-0006 by Resolution No. 7464 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 City Planner 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.
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14. Project improvements in the Public Utilities (P-U) Zone shall be subject to the requirements of
the Encina Power Station Precise Development Plan, latest version.
15. The project shall comply with mitigation measures as contained in the Mitigation Monitoring
and Reporting Program prepared for EIR 03-05 and as included in the Supplemental EIR.
16. CUP 2022-0010 shall be reviewed by the City Planner annually to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2)
the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be heard,
the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in
part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.
17. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at
any time after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public's health and welfare, or the conditions imposed herein have
not been met.
Engineering Conditions
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to
grading plan approval, or building permit, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
Fees/ Agreements
18. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering the two private
temporary driveway approaches located over existing public right-of-way or easements
as shown on the site plan. Developer shall pay processing fees per the city's latest fee
schedule. Said agreement shall include a provision that within 18 months of approval of
the agreement, the applicant shall either remove the driveways and restore the public
improvements to its previous condition or obtain the necessary agency approvals to
continue the driveways as temporary or retain the driveways as permanent
improvements. The City Engineer may extend this time at his discretion.
Storm Water Quality
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19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
20. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
Dedications/Improvements
21. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
22. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 18.40.060 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Temporary driveways on Carlsbad Boulevard to serve the Aquafarm site. Said
driveways shall be constructed to permanent standards, including American
Disability Act standards, regardless of whether the driveways are temporary or
later approved as permanent driveways under separate discretionary permit. The
driveway ramps extending onto private property may be constructed concurrent
with the driveway work constructed in the public right-of-way under a right-of-
way permit. No additional permits are necessary for constructing the driveway
ramps on private property unless the grading necessary to build said ramps
requires a grading permit per Section 15.16.050 of the Carlsbad Municipal Code.
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the development improvement agreement or such other time as provided in said agreement.
Traffic and Mobility Condition
23. The dashed green bike lane required along Carlsbad Boulevard shall be completed to the
satisfaction of the city Traffic Engineer. Further, the six-inch dashed white line that is part of the
dashed green bike lane detail shall be per Caltrans Detail 39A.
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Fire Department Condition
24. The city is constructing temporary Fire Station 7 on the grounds of the former Encina Power
Plant approximately 400-feet south of project improvements. Construction and operation of
project improvements shall not interfere with the fire station's operations as well as access to
and from the nearby driveway on Carlsbad Boulevard.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 offinal 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on October 5, 2022, by the following vote, to wit:
AYES: Commissioners Lafferty, Kamenjarin, Merz, and Sabellico
NOES:
ABSENT: Commissioners Luna, Meenes and Stine
ABSTAIN:
' ALICIA LAFERTY, Vice C
CARLSBAD PLANNING C
ATTEST:
(JlAYJ~
MIKE STRONG
Assistant Community Development Director
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