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PCD 14-01; Carlsbad Seawater Desalination Project; Planning Commission Determination (PCD)
^ CITY or CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPUED FOR: (CHECK BOXES) Development Parmits (FOR DEPT. USE ONLY) Leaislative Permits n Administrative Pennit n Coastal Development Pennit (*) O Minor n Conditional Use Permit (*) P Minor O Extension l~l Environmental Impact Assessment n Habitat Management Permit O Minor O Hillside Development Peimit (*) r~l Planned Development Permit n Residenfial O Non-Residential n Planned Industrial Permit n Planning Commission Determination n Site Development Plan • Special Use Permit n Tentative Tract Map/Parcel Map n Variance O Administrative (FOR DEPT. USE ONLY) n General Plan Amendment Cll Local Coastal Program Amendment (*) [~l Master Plan Fl Amendment • « n specific Plan O Amendment n Zone Change (*) n Zone Code Amendment South Cartsbad Coastal Review Area Permits n Review Permit n Administrative CH Minor CD Major Villaae Review Area Permits Review Permit I I Administrative CH Minor CH Major (*) = eligible for 25% discount NOTE: A PROPOSEO PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 1:30 PJM. A PROPOSED PROJECT REQUIRINQ ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. • ASSESSOR PARCEL NO(S).: 210-010-40, 210-010-44, 210-010-45, 210-010-46 PROJECT NAME: Carlsbad Seawater Desalination Project BRIEF DESCRIPTION OF PROJECT: Resolutions 6632 & 6635 - Condition Amendment - see P-1 (B) Project Description BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: ^ast 4600 Carlsbad Blvd STREET ADDRESS SIDE OF Carlsbad Blvd (NORTH, SOUTH, EAST, WEST) BETWEEN Cannon Rd (NAME OF STREET) AND Agua Hedionda Lagoon (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): Cabrillo Power 1. L.L.C. APPLICANT NAME (Print): Poseidon Resources Cfiannelside LP MAILING ADDRESS: 5790 Fleet St. Suite 200 MAILING ADDRESS: 5780 Fleet St. Suite 140 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZJP: Carlsbad, CA 92008 TELEPHONE: TELEPHONE: 760-655-3999 EMAIL ADDRESS: EMAIL ADDRESS: PMacLaggan@Poseidon 1 .com 1 CERTIFY THAT 1 AAVTHE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS AND CORRECT TO THE BEST OF MY KNOWLEDGE. //I/I i ( / f/l/L—' JI'-M'^ 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATkJRE/7/ If DATE SIGNATURE DATE • APPLICANT'S REPRESENTATIVE (Print): Peter McLaggan MAILING ADDRESS: 5780 Fleet Street, Suite 140 CITY, STATE, ZIP: Carlsbad, CA 92006 TELEPHONE: 760-655-3999 EMAIL ADDRESS: PMcLag9an@Poseidon1 .com 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE APPLIC^T AND THAT ALL THE ABOVE INFORIVIATION IS TRUE AND COIW*^TOTH^EiBTOFAflYKNOWLEDGE. / . » SIGNATURE ^ DATE » IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION 1/WE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED MAR 3 1 mh CITY OF CARLSBAD FLAMMING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY; p-1 Page 2 of 6 Revised 11/12 City '•' Carlsbad Faraa "enter Faradd, ..ashiering 001 1412702-1 05/07/2014 32 Wed, May 07, 2014 05:20 PM Receipt Ref Nbr: R1412702-1/0015 PERMITS - PERMITS Tran Ref Nbr: 141270201 0016 0018 Trans/Rcpt#; R0101385 SET #: PCD 14001 .Amount: 1 § $17.64 Item Subtotal: $17.64 Item Total: $17,54 1 ITEH(S) TOTAL; $17,54 Check (Chk# 0111) $17,54 Total Received: $17.54 Have a nice day! +t************CUST0MER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 0 08 Applicant: POSEIDON RESOURCES CHANNELSIDE LP/MACLAGGAN PETE Description Amount PCD14001 17.64 4600 CARLSBAD BL CBAD Receipt Number: R0101385 Transaction ID: R0101385 Transaction Date: 05/07/2014 Pay Type Method Description Amount Payment Cash 17.64 Transaction Amount: 17.64 City of Carlsbad Faraday Center Faraday Cashiering Oui 1411201-2 04/22/2014 149 Tue, .Apr 17, 2014 03:29 PM Receipt Ref Nb?-; R1411201-2/0042 PERMITS - PERMITS Iran -r.- ::;r; 141120102 0042 0045 Trans R0101112 SET ?f; ^- .,;i4001 Aiiiount: 1 i% $1,921,00 Item Subtotal: $1,921.00 Item Total: $1,921.00 1 ITEMiSj TOTAL: $1,921.00 Check (Chk# 0108) $1,921.00 Total Received: $1,921.00 Have a nice day; **************CUSTOMER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: POSEIDON RESOURCES CHANNELSIDE LP Description Amount PCD14001 1,921.00 Receipt Number: R0101112 Transaction ID: R0101112 Transaction Date: 04/22/2014 Pay Type Method Description Amount Payment Check 1,921.00 Transaction Amount: 1,921.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1409001-2 03/31/2014 149 Mon, Mar 31, 2014 03:43 PM Receipt Ref Nbr: R1409001-2/0059 PERMITS - PERMITS Tran Ref Nbr: 140900102 0059 0056 Trans/Rcpt#; RO100579 SET #: PDP0002G Amount: 1 ® $4,081.00 Item Subtotal: $4,081.00 Item Total; $4,081,00 1 ITEM(S) TOTAL: $4,081.00 Check (Chk# 0106) $85,00 Check (Chk# 025550) $3,995.00 Total Received: $4,081,00 Have a nice day! . .f. f.4***:t;!(:****cijST0MER COPY************* City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: POSEIDON RESOURCES CHANNELSIDE LP Description Amount PDP0002G 4,081.00 Receipt Number: R0100679 Transaction ID: R0100679 Transaction Date: 03/31/2014 Pay Type Method Description Amount Payment Check 4,081.00 Transaction Amount: 4,081.00 DISCLOSURE Development Services STATEMENT Planning Division CITY OF CARLSBAD P- 1(A) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on ali applications whicli will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemai organization, corporation, estate, trust receiver, syndicate, in this and any other county, dty and county, city municipality, district or other political subdivision or any other group or combination acting as a unit- Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part ^s^n/)AJ ^^sSon^aPf QJ^T^/J^JD^ ^ Title Title Address Address Js7^ f^A^^ <^ Su/nr/yp^ e/?¥U^s.i3J^ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, inciude the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may 'oe attached if necessary.) Person Corp/Part C^/Z/'iAO P^ujcne. ^ ^ C. Title Title Address Address S7^0 f2.PlPT ST. SUJIWJIOO P-1 (A) Page lof 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Tnjst ^ / ^ Non Profit/Trust Title 1 Title Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes X! No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the/above information is true and correct to the best of my knowledge. Signature of appli Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p.1(A) Page 2 of 2 Revised 07/10 4fcs PROJECT Development Services C-^^ DESCRIPTION Planning Division ^ CiTYOf P1/R\ 1635 Faraday Avenue ^ARI ^RAD •^"'V'^/ (760)602^610 www.carlsbadca.gov PROJECT NAME: ''Vh<i'&r^/^:^ ^(S^iA-TT^ J^SS/Hur^0iJi T^^l/fClT APPLICANTNAME: ^^OSa'//}^)*J l$if-^^iO/e.<r^ Q^/^AJffl.-^^^JT 1-/' Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also inciude any background inforniation and supporting statements regarding the reasons fbr, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Planning Commission Resolution No. 6632, Condition 19 and Redevelopment Resolution 6635, Condition 20(a) amendments request to add the following language to the end of condition 19 and 20(a): AltcrnativclyXhe Developer shall provide the City of Carlsbad witH sufficient funds to pay for the cost of the improvements described in this condition. The amount ofthe payment shall be based on conceptual plans fo'r the decorative screening wall or fence, landscaping and irrigation submitted to the Planning Director and City Engineer for review and approval. The City of Carlsbad will use funds for the construction ofthe landscaping, irrigation and fencing or other Carlsbad Boulevard improvements (the "Carlsbad Coastal Corridor" project). P-i(B) Pagel Of 1 Revised07/10 CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you wili receive a letter stating whether this appiication is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether ali requirements are necessary for your particular application) please call {7M)}602-4910. Applicant Signature: ^^pT Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 NOTICE OF EXEMPTION FILE copy To: SD County Clerk From: CITYOFCARLSBAD Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 Faraday Avenue PO Box 121750 Carlsbad, CA 92008 San Diego, CA 92101 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: PCD 14-01 - Carlsbad Seawater Desalination Plant Project Location - Specific: 4600 Carlsbad Boulevard Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Planning Commission Determination (PCD) to modify a condition of approval to allow payment of sufficient funds to the Citv to cover the cost of wall and landscape improvements along Carlsbad Boulevard in lieu of constructing the improvements at this time. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Barbara Kennedv. Associate Planner Name of Applicant: Peter McLaggan. Poseidon Resources Channelside LP Applicant's Address: 5780 Fleet Street, Suite 140 Carlsbad. CA 92008 Applicant's Telephone Number: 760-655-3999 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); n Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - CEQA Guidelines Section 15061(b)(3) (General Rule) • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect consists of a modification to a condition of approval. The General Rule CEQA Exemption mav be used in instances where it can be seen with certainty that there is no possibility that the activity in question mav have a significant effect on the environment. Lead Agency Contact Person: Barbara Kennedv, Associate Planner Telephone: 760-602-4626 C-Zo-/f DON NEU, City Planner Date Date received for filing at OPR: Revised 05/13 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 gi(;.edCar}sbad STATE OF CALIFORNIA County of San Diego JUN 1 0 2014 Pianning Division I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 06*, 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California -^On This 09V^y June 2014 Jane Allshouse NORTH COUNTY TIMES Legai Advertising PLANNING COMMISSION PUBLIC HEARING INOTICE IS HEREBY GIVEN to you, because your in-fterest may be affected, that the Planning Commission of the City of Carisbad will hold a public hearing at the Council Charhbers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, June 18, 2014, to consider the following: 1) MP 12-01(B) - VILLAGE MASTER PLAN CHANGES - A re-quest to recommend approval of an applicant-proposed amend-ment to the Village Master Plan and Design Manual. The amendment is proposed to allow wineries as a provisional use within Districts 5 and 6 of the Master Plan and to add special provisional use standards for wineries to the plan. The City , Planner has determined that the proposed amendments do not have a significant impact on the environment pursuant to Carlsbad Municipal Code Section 19.04.070 A.c.(l), which states "minor zone or municipal code amendments that do not involve physical modifications, lead to physical Improvements beyond those typically exempt, or which refine or clarify existing land use standards" are specific actions considered not to have a sig-nificant effect on the environment. $b to 2) PCD 14-01 - CARLSBAD SEAWATER DESALINATION PLANT - l^equest for approval of a Planning Commission De-termination to modify a condition of approval for the Carlsbad Seawater Desalination Plant located on the Encina Power Sta-tion Property at 4600 Carlsbad Boulevard. The City Planner has determined that the request is exempt from the California Envi-ronmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 3) CUP 14-02 - MIRA COSTA COLLEGE TECH INSTITUTE -Request for a Conditional Use Permit to allow Mira Costa Col-lege to operate the Mira Costa College Tech Institute in a vacant 22,410 square foot building on property located at 2075 Las Palmas Drive, in the P-M Zone and in Local Facilities Manage-ment Zone 5. The City Planner has determined that this proiect is exempt from the requirements of the California Environmen-tal Quality Act (CEQA) per Section 15301, "Leasing of Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. i 1 "-S^T ;iiMBSipia*::::::i^, \J[ f\ li If you challenge these projects In court, you may be limited to' raising only those issues you or someone else raised at the pub-lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear-ing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi-ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing to spealc on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewP ublisher.php?view ld=6 on or after the Friday prior to the hear-ing date. If you have any questions, please call the Planning Di-vision at (760) 602-4600. CITYOFC/>«?LSBADPLANNI IVISION oub: 6/06/'4__ a FILE \^ City of Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, June 18, 2014, to consider a request for the following: CASE NAME: PCD 14-01 - CARLSBAD SEAWATER DESALINATION PU\NT PUBLISH DATE: June 2, 2014 DESCRIPTION: Request for approval of a Planning Commission Determination to modify a condition of approval requiring installation of a wall and landscaping along Carlsbad Boulevard for the Carlsbad Seawater Desalination Plant located on the Encina Power Station Property at 4600 Carlsbad Boulevard. The City Planner has determined that the request is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy in the Planning Division at (760) 602-4626, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax iSi NOT TO SCALE SITE MAP Carlsbad Seawater Desalination Project PCD 14-01 Easy Peel® Labels Use Avery® Template 5160® AHMED HAQUE CABRILLO POWER I LLC 5790 FLEET STREET, STE. 200 CARLSBAD, CA 92008 BYRNE HERBERT R. & LORINE C. 5001 TIERRA DEL ORO CARLSBAD, CA 92008 A Feed Paper Bend along line to j expose Pop-Up Edge™ ^ IED HAQUE CABRILL^TPQWEf 5790 FLp?-^fREE CSBAD, CA 92008 200 CAMPBELL DOROTHY B REVOCABLE 2001 TRUST 2454 ALTON PKWY CARLSBAD, CA 92008 AVERY® 8460™ I BREZA TRUST 111 TWIN PEAKS DR CARLSBAD, CA 92008 CLEMENTS WILUAM WTR 3500EUNCOLNDR#18 CARLSBAD, CA 92008 COSTANTINO FAMILY TRUST 5009 TIERRA DEL ORO CARLSBAD, CA 92008 COST^INO FAMILY TRUST _ 5009 TIE^lWU2ELi CARLSBADrC^92t )N HOMER L.& NINA B, TRUST 5025 TIEgfWTDEL I CSBAD, CA 92008 EATON HOMER L. & NINA B. FAMILY TRUST 5025 TIERRA DEL ORO CARLSBAD, CA 92008 MOSS LIVING TRUST 25408 COLETTE WAY CARLSBAD, CA 92008 STATE OF CALIFORNIA PUBLIC AGENCY CARLSBAD, CA 92008 FRASSANITO REVOCABLE TRUST 1412 STAGECOACH RD SE CARLSBAD, CA 92008 SMITH MARITAL TRUST (SMITH VARRO U FAMILY TRUST) ETAL 5005 TIERRA DEL ORO CARLSBAD, CA 92008 WARREN RUIS SAN DIEGO GAS & ELECTRIC CO. 8330 CENTURY PARK COURT, CP31D SAN DIEGO, CA 92123 ANTHONY DEFRENZA KIEWIT SHEA DESALINATION 5050 AVENIDA ENCINAS CARLSBAD CA 92008 HALL FAMILY TRUST 5019 TIERRA DEL ORO CARLSBAD, CA 92008 SO ARMANDO P 2006 TRUST 5026 TIERRA DEL ORO CARLSBAD, CA 92008 PETER MACLAGGAN SUITE 140 5780 FLEET STREET CARLSBAD CA 92008 A notice has been mailed to ail property owners/occupants (Wed herein. , , 0«e: AdJ^U Signature: l^tiquettes faciles d peler Utilisez le gabarit AVERY® 5160® Sens de rharanment Repliez d la hachure afin de | r^v^ler le rebord Pop-Up™ J www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® AHMED HAQUE CABRILLO POWER I LLC 5790 FLEET STREET, STE. 200 CARLSBAD, CA 92008 BYRNE HERBERT R. & LORINE C. 5001 TIERRA DEL ORO CARLSBAD, CA 92008 I i A Bend along line to Feed Paper expose Pop-Up Edge™ AHMED HAQUE CABRILLO POWER I LLC 5790 FLEET STREET, STE. 200 CARLSBAD, CA 92008 CAMPBELL DOROTHY B REVOCABLE 2001 TRUST 2454 ALTON PKWY CARLSBAD, CA 92008 AVERY® 8460™ BREZA TRUST 111 TWIN PEAKS DR CARLSBAD, CA 92008 CLEMENTS WILLIAM WTR 3500 E LINCOLN DR#18 CARLSBAD, CA 92008 COSTANTINO FAMILY TRUST 5009 TIERRA DEL ORO CARLSBAD, CA 92008 COSTANTINO FAMILY TRUST 5009 TIERRA DEL ORO CARLSBAD, CA 92008 EATON HOMER L & NINA B. FAMILY TRUST 5025 TIERRA DEL ORO CARLSBAD, CA 92008 EATON HOMER L& NINA B. FAMILY TRUST 5025 TIERRA DEL ORO CARLSBAD, CA 92008 MOSS LIVING TRUST 25408 COLETTE WAY CARLSBAD, CA 92008 STATE OF CALIFORNIA PUBLIC AGENCY CARLSBAD, CA 92008 FRASSANITO REVOCABLE TRUST 1412 STAGECOACH ROSE CARLSBAD, CA 92008 SMITH MARITAL TRUST (SMITH VARRO U FAMILY TRUST) ET AL 5005 TIERRA DEL ORO CARLSBAD, CA 92008 WARREN RUIS SAN DIEGO GAS & ELECTRIC CO. 8330 CENTURY PARK COURT, CP31D SAN DIEGO, CA 92123 HALL FAMILY TRUST 5019 TIERRA DEL ORO CARLSBAD, CA 92008 SO ARMANDO P 2006 TRUST 5026 TIERRA DEL ORO CARLSBAD, CA 92008 WARREN RUIS SAN DIEGO GAS & ELECTRIC CO. 8330 CENTURY PARK COURT, CP31D SAN DIEGO, CA 92123 Etiquettes faciles i peler Utilisez le gabarit AVERY® 5160® Sens de chargement Repliez cl la hachure afin de | rdv^ler le rebord Pop-Up™^ www.avery.com 1-800-GO-AVERY I HEREBY CERTIFY THATTHE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE UTEST AVAILABLE INFORMATION FROM THE EQUAUZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER PCD 14-01 - CARLSBAD SEAWATER DESALINATION PROJECT APPLJCANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: FIGURE 1 600-foot Parcel Radius Map Carlsbad Desalinaloii Plant state of California—Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2014 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2014 0539 STATE CLEARING HOUSE #(lfapplicable) LEADAGENCY GITY OF CARLSBAD PLANNING DIVISION DATE 06/24/2014 COUNTY/STATE AGENCY OF FILING SAN DIEGO DCXDUMENT NUIVIBER *20140539* PROJECTTITLE PCD 14-01 - CARLSBAD SEAWATER DESALINATION PLANT PROJECTAPPLICANT NAME PETER MCLAGGAN, POSEIDON RESOURCES CHANNELSIDE LP PHONENUMBER (760) 655-3999 PROJECTAPPLICANT ADDRESS 5780 FLEET STREET, SUITE 140 CfTY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): • Local Public Agency Q School District • Other Special District • State Agency ^ Private Entity CHECKAPPLICABLE FEES: • Environmental Impact Report (EIR) • Negative Declaration (ND){MND) Q Application Fee Water Diversion (State Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs (CRP) El County Administrative Fee • Project that is exempt from fees Q Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit 13 Check • Other CHK: 114 $3,029,75 $ $2,181.25 $ $850.00 $ $1,030.25 $ $50.00 $ TOTAL RECEIVED $ $50.00 $50.00 SIGNATURE G. Meza TITLE X Deputy City of Carlsbad JUL 2 8 2014 Planning Division Illlllllll ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG753,5a (Rev 11/12) NOTICE OF EXEMPTION 0 [L H © To: SD County Clerk From: CITYOFCARLSBAD Fm«tinrn K , „— " . . f--™"''Di-«nenburg..lr. RecorderCounn Clerk Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 Faraday Avenue JUN 2 4 2014 PO Box 121750 Carlsbad, CA 92008 Q MpTO San Diego, CA 92101 (760) 602-4600 BV • 'V'CZ8 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: PCD 14-01 - Carlsbad Seawater Desalination Plant Project Location - Specific: 4600 Carlsbad Boulevard Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Planning Commission Determination (PCD) to modify a condition of approval to allow payment of sufficient funds to the Citv to cover the cost of wall and landscape improvements along Carlsbad Boulevard in lieu of constructing the improvements at this time. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Barbara Kennedv. Associate Planner Name of Applicant: Peter McLaggan. Poseidon Resources Channelside LP Applicant's Address: 5780 Fleet Street. Suite 140 Carlsbad. CA 92008 Applicant's Telephone Number: 760-655-3999 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - CEQA Guidelines Section 15061(b)(3) (General Rule) O Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect consists of a modification to a condition of approval. The General Rule CEQA Exemption mav be used in instances where it can be seen with certainty that there is no possibility that the activity in question mav have a significant effect on the environment. Lead Agency Contact Person: Barbara Kennedv. Associate Planner Telephone: 760-602-4626 c-zo-/y DON NEU, City Planner cn cr-.xi-r, ,r-^r— Date FILED IN THE OFMCE OF THE CGUNTY CLERI- Date received for filing at OPR: ^^.ffOm/ Of) !IJN ? m. Retufnedtowqicvon... JUL 2 4 20U !tufiiB(jtoMfiicy Revised 05/13 Ernest J. Dronenburg, Jr. COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 321338120140624 Deputy: GMEZAl Location: COUNTY ADMINISTRATION BUILDING 24-Jun-2014 14:07 City of Carfsbad FEES: JUN 2 7 2014 Planning Division 50.00 Qty of 1 Fee Notice of Exemption for Rem 2014 0539 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Ownership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents NOTICE OF EXEMPTION To: SD County Clerk From: CITYOFCARLSBAD Pme,! i^™ 1 'T' 13 © Ol • r.- • • D™"«''t'"<-g..lr. RecorderCounnCI. Attn: James Scott Planning Division 1600 Pacific Highway, Suite 260 1635 Faraday Avenue JUN 2 4 2014 PO Box 121750 Carlsbad, CA 92008 Q hAck^ San Diego, CA 92101 (760) 602-4600 BY • 'vi^ZB DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: PCD 14-01-Carlsbad Seawater Desalination Plant Project Location - Specific: 4600 Carlsbad Boulevard Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Planning Commission Determination (PCD) to modify a condition of approval to allow payment of sufficient funds to the Citv to cover the cost of wall and landscape improvements along Carlsbad Boulevard in lieu of constructing the improvements at this time. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Barbara Kennedv. Associate Planner Name of Applicant: Peter McLaggan. Poseidon Resources Channelside LP Applicant's Address: 5780 Fleet Street. Suite 140 Carlsbad. CA 92008 Applicant's Telephone Number: 760-655-3999 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 13 Categorical Exemption - CEQA Guidelines Section 15061(b)(3) (General Rule) n Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: The proiect consists of a modification to a condition of approval. The General Rule CEQA Exemption mav be used in instances where it can be seen with certainty that there is no possibility that the activity in question mav have a significant effect on the environment. Lead Agency Contact Person: Barbara Kennedv. Associate Planner Telephone: 760-602-4626 DON NEU, City Planner rr- i.., -r, ,r- Date FILED IN THE OFMCE OF THE COUNTY CLERK Date received for filing at OPR: Dfego Cknjfity on illN ? ^ 7!li^ Posted -JiliiiiEli^Renwed ____ Retun^ to w " " Revised 05/13 State of California—Natural Resources Agency CALIFORMA DEPARTMENT OF FISH AND WILDLIFE 2014 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT* SD2014 0539 2014 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY STATE CLEARING HOUSE #(ifapplicable) LEADAGENCY CITY OF CARLSBAD PLANNING DIVISION DATE 06/24/2014 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20140539* PROJECTTITLE PCD 14-01 - CARLSBAD SEAWATER DESALINATION PLANT PROJECTAPPLICANT NAME PHONENUMBER PETER MCLAGGAN, POSEIDON RESOURCES CHANNELSIDE LP (760) 655-3999 PROJECTAPPLICANT ADDRESS criY STATE ZIPCODE 5780 FLEET STREET, SUITE 140 CARLSBAD CA 92008 PROJECT APPLICANT (Check appropriate box): • Local Public Agency Q School District • Other Special District • State Agency ^ Private Entity CHECKAPPLICABLE FEES: Q Environmental Impact Report (EIR) • Negative Declaration (ND)(MND) • Application Fee Water Diversion (Sfafe Water Resources Control Board Only) • Projects Subject to Certified Regulatory Programs (CRP) El County Administrative Fee • Project that is exempt from fees (3 Notice of Exemption • CDFW No Effect Determination (Form Attached) • Other PAYMENT METHOD: • Cash • Credit 13 Check • Other CHK: 114 $3,029.75 $ $2,181.25 $ $850.00 $ $1,030.25 $ $50.00 $ $50.00 TOTAL RECEIVED $ $50.00 SIGNATURE G. Meza TTTLE X Deputy City of Carisbad JUN 2 7 2014 Planning Division ORIGINAL • PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG753,5a(Rew 11/12) 4%c,r.o. FILECOPY CARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION June 19, 2014 Poseidon Resources Channelside, LP Attn: Pete MacLaggan 5780 Fleet Street, Suite 140 Carlsbad, CA 92008 SUBJECT: PCD 14-01 - CARLSBAD SEAWATER DESALINATION PLANT At the June 18, 2014 Planning Commission meeting, your application was considered. The Commission voted 4-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Barbara Kennedy at (760) 602-4626 or barbara.kennedy(5)carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:BK:sm c: Data Entry File enc: Planning Commission Resolution No. 7054 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 ® «^c.vo. FILECOPY VXARLSBAD Community & Economic Development www.carlsbadca.gov June 5, 2014 Peter McLaggan Poseidon Resources Channelside LP Suite 140 5780 Fleet Street Carlsbad, CA 92008 SUBJECT: PCD 14-01 - CARLSBAD SEAWATER DESAUNATION PROJECT - CAUFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: I I The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed project, the following CEQA documentation/process is required for the project (fees effective January 1,2013): I I A NEGATIVE DECLARATION (ND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $1,667 ($917 single family lot) for the continued processing of the CEQA documentation. • A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $1,667 ($917 single family lot) for the continued processing of the CEQA documentation. • An ENVIRONMENTAL IMPACT REPORT (EIR) is required to analyze the project's environmental effects. Please submit the Environmental Impact Report Base Fee of $19,351 for the continued processing of the CECiA documentation. In addition, a fully burdened hourly rate will be assessed after the first 160 hours charged by the assigned project planner or after the first 40 hours charged by the assigned project engineer. ^ The project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3). No environmental review is required forthe project. ^ A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Barbara Kennedy, at (760) 602-4626 or barbara.kennedv(S)carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:BK:fn c: Dave de Cordova, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 A OP a FILE ViCARLSBAD Community & Economic Deveiopment www.carlsbadca.gov May 27, 2014 Peter McLaggan Poseidon Resources Channelside LP 5780 Fleet Street, Suite 140 Carlsbad, CA 92008 SUBJECT: PCD 14-01 - CARSLBAD SEAWATER DESAUNATION PLANT The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, June 4, 2014. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you provide the following required Information to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Barbara Kennedy at (760) 602-4626 or at barbara.kennedv@carlsbadca.gov. Sincerely, 'A DON NEU, AICP City Planner DN:BK:bd c: File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 %AfeLSBAD "LE M" Community & Economic Development www.carlsbadca.gov April 24, 2014 Peter McLaggan Poseidon Resources Channelside LP 5780 Fleet Street, Suite 140 Carlsbad, CA 92008 SUBJECT: PCD 14-01 - CARLSBAD SEAWATER DESALINATION PROJECT Your application has been tentatively scheduled for a hearing by the Planning Commission on June 4, 2014. However, for this to occur, you must submit the additional items listed below. Ifthe required items are not received by May 13, 2014, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - If the number of owners within the 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Labels should be prepared in ALL CAPS using block or sans serif typeface. A sample label is as follows: ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SBAD SEAWATER DESALINATION PROJECT should be consecutively numbered and correspond with the property owner's list. The scale ofthe map may be reduced to a scale acceptable to the City Planner ifthe required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing a 1/8 page ad in two newspapers of general circulation. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, BARBARA KENNEDY, AICP Associate Planner BK:fn Attachment File Data Entry A o. FILE COPY CARLSBAD Community & Economic Development www.carlsbadca.gov April 24, 2014 Peter McLaggan Poseidon Resources Channelside LP 5780 Fleet Street, Suite 140 Carlsbad, CA 92008 SUBJECT: 1ST REVIEW FOR PCD 14-01 - CARLSBAD SEAWATER DESAUNATION PROJECT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Precise Development Plan Amendment to modify one of the conditions of approval in Planning Commission Resolution 6632 for the Carlsbad Seawater Desalination Project, application no. PCD 14-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Barbara Kennedy, at (760) 602-4626, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, DAVE DE CORDOVA Principal Planner DDC:BK:fn c: Don Neu, City Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 City of Carlsbad Faraday Center Faraday Cashiering 001 1421301-2 08/01/2014 149 Fri, Aug 01, 2014 02:48 PM Receipt Ref Nbr: Rl421301-2/0044 HISC - MISC FINANCIAL Tran Ref Nbr; 142130102 0044 0047 Name: KIEWIT SHEA OISALINATIQN Amount: 1 g $258,054.00 Item Subtotal: $258,054,00 Item Total: $258,054.00 1 ITEM(S) TOTAL: $258,054.00 Check (Chk# 923441) $258,054.00 Total Received: $258,054.00 Have a nice day! GL loooooo ' 2-^0 I **************CUSTQMER COPY************* July 22, 2014 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Landscape and Decorative Fence for Carlsbad Blvd. Payment of $258,054 by KSD to the City of Carlsbad fulfills all obligations described by Conditions 19 and 20 of the Planning Commission Resolution No. 6632. The payment is based on the attached probable cost estimate, developed by KSD and approved by the City of Carlsbad. City of Carlsbad Kiewit Shea Desalination 5050 Avenida Encinas, Suite 370 | Carlsbad, California, 92008 | (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" KIEWIT SHEAr DESALINATION \ July 22, 2014 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Landscape and Decorative Fence for Carlsbad Blvd. Payment of $258,054 by KSD to the City of Carlsbad fulfills all obligations described by Conditions 19 and 20 of the Planning Commission Resolution No. 6632. The payment is based on the attached probable cost estimate, developed by KSD and approved by the City of Carlsbad. City of Carlsbad 7-2?-/V Date Don Neu, City Planner Kiewit Shea Desalination Date 5050 Avenida Encinas, Suite 370 | Carlsbad, California, 92008 j (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" CARLSBAD DESALINATION PROJECT City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 KSD - Probable Cost Estimate Landscape and Decorative Fence for Carlsbad Boulevard Planning Commission Resolution No. 6632 - Conditions 19 and 20 KIONTMWAc DESAUMATKMr item QTY Unit Unit Rates SD 2009 KSD Totals Demolition Clear 8i Grub 3000 SF S 0.72 $ 2,160 Exisitng NRG Fence 1800 LF $ 6.82 s 12,276 Sub-Total $ 14,436 Street Improvements 5' Masonry Block & 2' Security Top 150 LF $ 108.59 $ 16,289 5.5' Masonry Block 8i 1.5' Security Top 900 LF S 115.67 $ 104,103 7' Embassy Fence 750 LF $ 63.96 S 47,970 Pilasters Included in unit rate Sub-Total $ 168,362 Landscaping Cobbles/Grout 2250 SF $ 8.25 $ 18,563 Slope Planting (Ground Cover & Trees) 2050 SF $ 0.79 s 1,620 Tree (15 Gallon) 18 EA $ 85.00 s 1,530 Shrubs 144 EA $ 20.00 $ 2,880 Rough Grade/Hydroseed for Parking Lot 11265 SF $ 1.05 $ 11,828 Backflow Preventer Assembly 1 EA s 1,650.00 $ 1,650 Slope Irrigation 1750 SF $ 0.59 $ 1,033 Sub-Total $ 39,103 Traffic Control Temp Fence 1 LS $ 3,600.00 S 3,600 Traffic Control 40 Hrs $ 65.00 $ 2,600 SWPPP 2 Wks $ 247.00 $ 494 Sub-Total $ 6,694 Design/Permits/Supervision Supervision 40 Hrs no water meter permtt required Sub-Total 6,000 Prepared Under the Responsible Charge of: Vnthotfy DeFrenza Date ' Sub-Total $ 234,594 Contingency (g> 10% $ 23,459 Grand Total $ 258,054 5050 Avenida Encinas, Suite 3701 Cartsbod, California, 920081 (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" March 6, 2014 Don Neu Plarming Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RECEIVED MAR 1 1 201^ CITY OF CARLSBAD PLANNING DtVlSION KSDtoCoC No. 01 Subject: Carlsbad Boulevard Landscaping and Decorative Fence Dear Mr. Neu, Kiewit Shea Desalination (KSD) writes with regard to our mutual agreement regarding the above subject and in particular to satisfying the City of Carlsbad requirements as stated in conditions 19 and 20 of Planning Commission Resolution No. 6632 (PDP 00-02(B)) as they relate to landscape and fence requirements along Carlsbad Boulevard. It should be noted that a bond has previously been posted for all related work along the boulevard. KSD understands this security, posted to guarantee completion of precise grading (DWG 463-D), will not be released until both the decorative fence and landscaping are constructed and completed to the City's satisfaction. However, if the permit condition amendment successfully occurs as described in item 3 below, the security will not be held for decorative fence and landscaping construction and completion. 1. KSD agrees to provide conceptual architectural plans for the landscaping and decorative fence on or before March 17', 2014. If the city has comments that require plan changes, KSD will revise and resubmit the plans with the objective of receiving the city's fmal conceptual plan approval by March 31, 2014. 2. KSD provides the attached engineer's probable cost estimate for the landscaping and decorative fence for your review and approval. KSD will also work to receive fmal city approval of the cost estimate by March 31, 2014. 3. By March 31, 2014, Poseidon Water Resources (PWR) will submit a permit condition amendment allowing the City of Carlsbad to use developer (KSD and/or Poseidon) funds intended for the construction of the landscaping and fencing work to instead be used for future Carlsbad Boulevard improvements (the "Carlsbad Coastal Corridor" project). Developer fimds will be based on the approved engineer's probable cost estimate. 4. Should the permit condition amendment fail, KSD and PWR agree to comply with conditions 19 and 20, including submittal of necessary plans and any fees, in a diligent manner. 5050 Avenida Encinas, Suite 370 | Corlsbod, California, 92008 | (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" Page I of2 KIEWTSHEAf DESM.INAT10N\ By signing below all parties agree to the above as satisfying the November 19, 2013, Conditions Monitoring Program regarding conditions 19 and 20 of Planning Commission Resolution 6632 and thereby grant the release of the RO/Admin Building Permit. Sincerely, Tony Joyce Date: '^/QII^ Project Director - Kiewit Shea Desalination Peter MacLaggan Date Project Director - Poseidon Water Resources Don Neu Planning Director - City of Carlsbad Attachment: probable cost estimate 5050 Avenida Encinas, Suite 370 | Carlsbad, California, 92008 j (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" Pase 2 of2 CARLSBAD DESALINATION PROJECT City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 KSD - Probable Cost Estimate Landscape and Decorative Fence for Carlsbad Boulevard Planning Commission Resolution No. 6632 - Conditions 19 and 20 QTY Unit Item Demolition Clear 8i Grub Exisitng NRG Fence Street Improvements 6' Masonry Block & 1' Security Top 950 LF 7' Embassy Fence 700 LF 7' Embassy Fence & Screening 150 LF Landscaping 3000 SF $ 0.72 $ 2,160 1800 LF $ 6.82 $ 12,276 Sub-Total S 12,276 Cobbles/Filter Cloth 1500 SF $ 2.49 Slope Planting (Ground Cover &. Trees) 2050 LS $ 0.79 Tree (15 Gallon) 18 SF $ 85.00 Tree (5 Gallon) 201 LS $ 15.00 Shrubs (5 Gallon) 14 SF $ 20.00 Shrubs (1 Gallon) 184 LS $ 6.00 Backflow/ Preventer Assembly 1 EA $ 1,650.00 Slope Irrigation 1750 SF $ 0.59 Traffic Control Temp Fence 2 LS Traffic Control 40 Hrs SWPPP 2 Wks Design/Permits/Supervision Arcadis Supervision Prepared Undar the Responsible Charge of: Unit Rates SD 2009 KSD Sub-Total $ 1,800.00 $ 65.00 $ 247.00 CDlin/Taylbt>- P.Eng. Licerke # 39337 Date $ $ Sub-Total 35,000.00 150.00 Totals $ 113.40 $ 107,730 $ 63.96 $ 44,772 $ 72.08 $ 10,812 Sub-Total $ 163,314 Sub-Total $ Sub-Total $ Gj)ntingency @ 10% $ Grand Total $ 3,735 1,620 1,530 3,015 280 1,104 1,650 1,033 13,966 3,600 2,600 494 6,694 35,000 6,000 41,000 237,250 23,725 260,975 5050 Avenida Encinas, Suite 370 | Carlsbad, California, 92008 | (760)827-6500 fax (760) 683-6628 "An Equal Employment/Affirmative Action Employer" ^ POSEIDON WATER November 19, 2013 City of Carlsbad Faraday Center 1635 Faraday Ave. Carlsbad, CA 92008 Attn: Skip Hammann, Director, Public Works Department Kathy Dodson, Director, Community and Economic Development Re: CONDITIONS imONITORING PROGRAM (CMP) Dear Skip and Kathy, Poseidon writes in regard to the Conditions Monitoring Program (CMP) to formalize our mutual understanding and acceptance of the following modifications or clarifications: 1. The attached CMP is acceptable to the City of Carlsbad and Poseidon parties. 2. The term "Foundation and Structural Steel Permif refers to Building Division CB 131337. 3. The term "Building Permit" as it pertains to the CMP refers to Building Division CB 132287. 4. The term "Precise Grading Permit" refers to Engineering Division DWG 463-6D. 5. The term "Occupancy Permif refers to the city issuance/release of a Certificate of Occupancy or request for Final Building Inspection. 6. Final Landscape and Irrigation plans have been split into two packages 1) Plant Site and 2) Carisbad Boulevard. The "Plant Site" includes all project landscape and irrigation with the exception of Carlsbad Boulevard. The following are target dates for the CMP milestones: 1. Foundation and Structural Steel Pemiit 2. Precise Grading Permit - 3. Building Permit - 4. Occupancy Permit - Upon Execution of this CMP Letter December 1st, 2013 March f, 2014 June 1'', 2015 Your signature below confirms the above understanding. Sincerely, Poseidon Peter MacLaggan Project Director Skip Hammar Public Works Director - City of Carlsbad Kathy Dodson Community and Economic Development Director - City of Carlsbad ^ POSEIDON WATER Conditions Monitoring Program Carlsbad Desalination Facility NR6= NRG Energy; KSD = Klewit Shea Desalination; PWR E Poseidon Watar; o Open Item • Closed Item PLANNING COMMISSION RESOLUTION No. 6635 RP 05-12(A) COND* OESCRIPTION [S» Resolution for fuU requirement) ROUGH GRADING PERMH- PRECISE GRADING PERMIT BUILDING PERIVIIT OCCUPANCY PERMIT AD\flSORY* OPEN CLOSED RESPONSIBLE PARTY 1 RDA rlsht to revoke • - • .; • - PWR 2 As per epproved exhibits • - . .-PWR 3 COPccMnpRance • -PWR 4 • tAtAif Implem^ntatton • • .'•' PWR s Apprcwpt.sufaject to conditions • -PWR e NoctulteiigeCrR' • -PWR 7 Devtl^)^ 6peratkin of EPS • -PWR InvaSd fiondltlon dbdalmer •-..• . . PWR 9 CompV4Ac« with laws and regt - ' . .- . PWR 10 indtmntfkation • -PWR 11 CUSO . • • PWR • 12 Sewer capadty • 0 PWR 13 Pubkfees • o PWR 14 LFMP compliance . • PWR IS • Oparatfocial timing • - • PWR IS Regulatory agency coinpflance • -i. • • PWR 17 HMP Impacts -.-KSD 18 SubmitPDP , PWR 19 Prior approvals • PWR lOa Umdscaping plan (Plant) • (1) 0 KSD a* , LarKlscaplng plan (Plant} - . • • - •. KSD Xc landscaping plan (Prant] • 0 KSD 20)11 LarKlscapIng plan {Plant} • 0 KSD 20dll landscaping plan (Plant} • 0 KSD 21! Trash receptacles • 0 KSD 2111 Trash receptacles • 0 KSO lla RO/AdmIn parapet • 0 KSO 22 Address changes • • . - ' PWR 23 HOA notice bf restrictio n • PWR 24 Urthwlng KSD 2S Submit RG&PG • • 0 KSD 26 Submit RG&PG • • o KSD 27 Pl|iellne eifckided PWR 2« Bridge Rail • f2) 0 KSD 29 Storm water reg compliance • - • KSD 30 SWMP • 0 KSD 31 BMP agreement • 0 PWR 32 UD Incorporation • . KSD 33 SWPPp • KSD 34 Pavement design • o KSD 35 Sewer & Traffic Impact fees • (3) 0 PWR 36 Sewer study • 0 KSO 37 Sewer study • o KSD 38 Fire marshal • o KSD 39 Sewer design • o KSD 40 Potable water design • o KSD 41 Fire hydrant locations. KSD 12 Hazardous matertals PWR • «3 • fire tfudt turning radius • - • • KSD 44 fire sprinkler -KSD 45 Key entry swtem KSO . . is ' , . Landscape fees • KSO 47 •rdlnahce. compliance -KSO 48 Title .24 compliance -• ' - • . KS.O 49 Premise klentiflcatlbn • • - .. - . KSO 50 Proposed signage •-. KSD (1) ' Condition sppHes lo the Plant Site only (Z) Condition is met once appropriate securtty Is received by the dty or If the City opts to "buy out" Condition 2fi, snd reflects requested change from Precise Grading to Building Permit [}} Sewer impact (ee Is due at building permit unless PWR requests fee deferal to occupancy [per CMC}. Final Impact Pee TBD * AdvHory conditions are considered ongoing and shaH be conformed to for perpetutly and as appropriate updated October 30,2013 lof2 0 POSEIDON WATER Conditions IVlonitoring Program Carisbad Desalination Facility i NRG'NRG Energy; I KSO = Kiewit Shea Desalination; j PWR = Poseidon Water; I o Open Item i • Closed Item PLANNING COMMISSION RESOLUTION No. 6632 PDP OO-OZ(B) CONDtt DESCRIPTION [Sm Resolution for full rsqulrenient) ROUGH GRADING PERMIT PRECISE GRADING PERMIT BUILDING PERMIT OCCUPANCY PERMIT ADVISORY* OPEN CLOSED RESPONSIBLE PARTV 1 CoC right to revotte • : -PWR 2 As per approved exhibits • .-PWR 3 COP complfance • PWR • .< MMRP Implementation PWR S Approval subject to conditions * - -PWR •6- . Pipeline excluded • - • PWR 7 EPS admin bldg. excluded • - -PWR 8 Invalid condition, d Isdabner •-, PWR .9 Compliance with laws and regs • •- PWR 10 com pilanctewlthlaWsandregs • •--NRG lla Indemnification. • ' • - • PWR . ift indemnillcation • - NRG 12a U^MP Compliance • - • -. PWR •m . LFMP. Compliance -Nits 13 Operational timing • - . PWR Mii Aegul^toiy agency compUa nee • -NRG Mb Regulatory agency compliance -PWR 15 SubmitPDP • PWR IS Prior approvals • • . • PWR 17 Camera ready POP • ...» PWR 18 Biology Reports • 0 PWR 19 Decorative Fence [Carl Blvd) • {41 o KSO 20 Landscaping plan ICarl 8lvd} •W) o KSD 21 Landscaping plan (Carl Blvd] •(4) 0 KSD 22 Written consent to SLLO • 0 PWR 23a: Publlc Dedications • 0 PWR 23all Public Dedications • o PWR 23alll Publlc Dedications • o PWR 23alv Public Dedications • 0 PWR 23b Pubiic Dedications • 0 PWR 23CI Storm water agreement NRG 23<;il Storm water agreement • • NRG 23d Publlc Oedlcations.^£Br • 0 PWR 23e Pubiic Dedications .Sewer • 0 PWR NOT USED . -. -- - - ' 2S Formal amendment • -- • NRG 26 Formal amendment • - - • ms 27 No challenge EIR • -- • NRG PLANNING COM MISSION RESOLUTION No. 6636 HMP 05-08(A) coNon ROUGH GRADING PItECISE GRADIf<G BUILDING OCCUPANCY ADVISORY* OPEN CLOSED RESPONSIBLE PARTV 1, CoC.rlght to revoke . ..• -PWR ,2 As per.approved exhibits -• - ' PWR 3' cpP compUance • PWR 4 Indemnification • - • PWR S Approval subject to conditions • -PWR 6 MMHP Implementation - •. .- PWR '7 Compliance with.laws and rcgs • -PWR Sa HMpcdtnpilance. • -".:'•'- PWR 8t) HMP compliance - . . • PWR St HMP .compliance • - • • - PWR 8a HMPcotnplla.nce • - . PWR 8«. HMP compilance - • • •- PWR 9 HMP compliance • - .-• ' KSD . 10 , Operational timing , -. - : PWR 01 -Condition is deferred to Bulldlng Permit Advisory conditions are considered ongoing and shall be conformed to for perpetutiy and as appropriate Updated Ociober 30,2013 2 of 2