Loading...
HomeMy WebLinkAbout2009-08-19; Planning Commission; ; EIR 03-05A|PDP 00-02B|SP 144J|DA 05-01A|RP 05-12A|HMP 05-08A - DESALINATION PROJECT CHANGESERRATA SHEET FOR ITEM #1 August 19, 2009 TO: PLANNING COMMISSIONERS FROM: Scott Donnell, Senior Planner SUBJECT: EIR 03-05(AV PDF 00-02fBV SP 144(JV DA 05-OKAV RP 05-12(AV HMP 05-08(A) - DESALINATION PROJECT CHANGES Staff is recommending that the Planning Commission include the following revisions. Please note underlined words are recommended additions and stricken letters or words are recommended deletions. 1. Revise Planning Commission Resolution 6632 as follows: a. Revise finding 6b. : It documents and maps power plant uses and features, and, since it proposes no changes to the operation of the Encina Power Station and only limited changes to its facilities (e.g., removal of a fuel oil storage tank, seawater discharge channel connections, rerouting and removal, as appropriate, of existing support infrastructure, such as piping, and potential demolition of the administration building), the Precise Development Plan POP 00- 02(B) does not conflict with Specific Plan standards and requirements regarding power station operations. b. Revise condition 23(c)ii.: Acknowledges that under existing NPDES requirements applicable to the Owner's property that Owner has legal obligations to prevent illegal or unpermitted discharges into the Agua Hedionda Lagoon or Pacific Ocean under expected drainage water flows, and no releases of hazardous materials or pollutants as the result of flows across from the Precise Development Plan property. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) DESALINATION PROJECT CHANGES August 19, 2009 Page 2 2. Revise draft City Council ordinance amending the Encina Power Station Precise Development Plan. This draft ordinance is Exhibit 1 to Planning Commission Resolution 6632. Revise the Ordinance to read as follows: SECTION I: That Precise Development Plan POP 00-02(BA), dated August 19, 2009, on file in the Planning Department and incorporated by reference herein, is adopted. The Encina Power Station Precise Development Plan (POP 00-02(B)) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. 3. Add referenced exhibit to draft City Council ordinance amending the Encina Specific Plan 144. This draft ordinance is identified as Exhibit 2 in Planning Commission Resolution 6633. The second WHEREAS recital says "...as shown on Exhibit 'Encina Specific Plan Amendment - SP 144(J)' attached hereto..." This exhibit was not attached. Therefore, these errata serve to attach the exhibit to the ordinance. The exhibit is included with these errata. 4. Revise Planning Commission Resolution 6635 as follows: a. Revise condition 20a.: Prior to the issuance of r>Precise gGrading or building pjP-ermitSi developer shall submit and obtain Planning Director approval of Final Landscape and Irrigation Plans showing conformance with the conditions herein and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans and according to the conditions of approval, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. b. Revise condition 21: 21. Prior to final inspection, Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Prior to the issuance of precise grading or building permits, tT-he Planning Director shall approve location of said EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) DESALINATION PROJECT CHANGES August 19, 2009 Page 3 receptacles. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. c. Add new condition 2la.: 2la. Rooftop parapet walls shown on existing Exhibit E-l over the administration portion of the administration/RO building may be extended to the RO portion of the building with the intent to accommodate the installation of solar- energy panels on the rooftop. Prior to the issuance of precise grading or building permits, the Planning Director shall review and approve parapet wall height, material, and location details to ensure architectural design integrity is maintained while concurrently accommodating optimum solar panel configuration. d. Delete condition 29. e. Replace condition 32 with: 32. Developer shall process, execute and submit an executed copy to the City Engineer, to record against the leasehold, a Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a precise grading permit or building permit. f. Revise condition 38 to be entirely bold. Scott Donnell The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: July 30, 2009 P.C. AGENDA OF: August 19, 2009 Project Planner: Scott Donnell Project Engineer: Jeremy Riddle SUBJECT: EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES – Request for recommendation of approval of an addendum to Environmental Impact Report EIR 03-05 and approval of amendments to the Precise Development Plan, Encina Specific Plan, Development Agreement, Redevelopment Permit and the Habitat Management Plan Permit. The Carlsbad City Council and Housing and Redevelopment Commission certified EIR 03-05 and approved these various applications and permits in 2006 to (1) establish a Precise Development Plan for the Encina Power Station (EPS), (2) approve a 50 million gallon a day Carlsbad Seawater Desalination Plant at the EPS, and (3) approve a network of desalinated water delivery pipelines in Carlsbad, Oceanside, and Vista. The amendments proposed would reconfigure the approved desalination plant site, modify plant building and structure sizes and locations, consolidate plant uses, and underground related plant facilities, all on the EPS property. The proposed changes would also modify the delivery pipeline network, located off of the EPS property, by (1) identifying the general locations of flow control facilities, (2) making minor adjustments to the alignment, and (3) adding new pipelines south of Palomar Airport Road in Melrose Drive and east of Melrose Drive into San Marcos primarily via streets in Carlsbad, San Marcos and Vista. The approved and proposed pipelines would connect to existing water facilities and would be located in street rights of way and already developed and disturbed properties. Portions of the development are located in the Coastal Zone. The Addendum to EIR 03-05 would analyze all changes proposed. An addendum is appropriate for minor, post-approval changes that do not warrant preparation of a supplemental or subsequent EIR. I. RECOMMENDATION That the Planning Commission 1) ADOPT Planning Commission Resolution No. 6631, RECOMMENDING APPROVAL of an Addendum to Environmental Impact Report EIR 03- 05, as contained in application EIR 03-05(A); and 2) ADOPT Planning Commission Resolutions No. 6632, 6633, 6634, 6635, and 6636 RECOMMENDING APPROVAL of Precise Development Plan Amendment PDP 00-02(B), Specific Plan Amendment SP 144(J), Development Agreement Amendment DA 05-01(A), Redevelopment Permit Amendment RP 05- 12(A), and Habitat Management Plan Permit Amendment HMP 05-08(A) based on the findings and subject to the conditions contained therein. 1 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 2 II. INTRODUCTION In 2000, Cabrillo Power I LLC submitted a Precise Development Plan (PDP 00-02) for the Encina Power Station (EPS). The PDP documents existing uses at the EPS and establishes basic land use standards and is somewhat similar to a specific plan. While still in draft form, the PDP was amended in 2002 through a joint application by Cabrillo Power I LLC (“Cabrillo”) and Poseidon Resources (Channelside) LLC (“Poseidon”) to propose the Carlsbad Seawater Desalination Plant within the boundaries of the EPS. The plant would be located in place of an oil storage tank over 800 feet east of Carlsbad Boulevard. Four years later, in June 2006, the City certified an environmental impact report (EIR) and approved a series of permits to allow Poseidon to develop the 50 million gallon per day (MGD) desalination facility. Since, the applicant has sought and obtained approvals and permits from other agencies and has secured purchasers for all desalinated water to be produced. As the project has entered its engineering and construction design phase, the applicant has requested modifications to the desalination project, through the several amendments noted above. The proposed project changes at the EPS would consolidate uses, better utilize the desalination plant site, and obtain efficiencies in project construction and plant operations. .Because of the consolidation of uses and other enhancements, staff believes the proposal represents an overall improvement to the approved project and a benefit to any future redevelopment of the EPS. As proposed, the approved locations of plant buildings and processing areas would be revised; in some cases, facilities, such as the pretreatment area, would be expanded and reconfigured, along with the undergrounding and realigning of intake and discharge pipelines. Also proposed is an increase of the plant site acreage from 3.2 to 5.7 acres, due to the reconfiguration of the site, and consolidation of uses into one area that were previously spread throughout the EPS in the original approval. Despite the consolidation of uses and increase in plant site acreage, the overall footprint of the project remains substantially the same. A comparison of the originally approved project and proposed reconfiguration is shown as Attachment 8 to the staff report. Proposed changes would also affect the network of pipelines planned to deliver desalinated water to Carlsbad and surrounding communities. Of the numerous alignments considered in the certified EIR, a primary alignment has been selected for construction with the addition of new alignments not previously considered. The approved delivery system was planned to cover 17.4 miles and the revised alignment has been reduced to 16.16 miles. These new pipeline routes would extend east of Melrose Drive into the City of San Marcos and south of Palomar Airport Road to Alga Road. The combination of the primary and new alignments would enable the applicant to serve all agencies that have agreed to purchase water from the desalination plant. When complete, Poseidon estimates the project will provide water to 300,000 people. The recommended Planning Commission actions would recommend approval of these amendments and recommend adoption of an addendum to the certified EIR. An addendum is appropriate for minor, post-approval changes that do not warrant a supplemental or subsequent EIR. An addendum needs to document project changes and demonstrate that they do not have the potential to cause significant impacts not already considered and mitigated in the EIR. The Addendum is an attachment to this staff report and is referenced by recommended Planning Commission Resolution 6631. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 3 As noted above, the Planning Commission actions are recommendations. All proposed amendments and the EIR addendum proposed require final action by the City Council and the Housing and Redevelopment Commission as portions of the project are in the South Carlsbad Coastal Redevelopment Area. III. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad has consistently strived to provide its citizens with a high quality of life by planning ahead for growth and change using growth management and economic development strategies that apply the principles of balance, sustainability, environmental protection, self reliance and economic vitality. Using these principles, strategic goals and a 5-year vision statement were put in place to guide staff in the development of projects and infrastructure necessary to meet the City Council’s vision. The City Council’s strategic goal on water supply states: Ensure, in the most cost-effective manner, water quality and reliability to the maximum extent practical, to deliver high quality potable water and reclaimed water incorporating drought resistant community principles. To achieve the City Council’s water supply goals the City has pursued a diversification of its water supply portfolio by undertaking significant water conservation efforts, maximizing the availability and use of recycled water, and the pursuit of new potable water supplies. To this end, the City Council and Housing and Redevelopment Commission approved the project to reduce Carlsbad’s reliance on imported water and provide residences and businesses with a drought proof potable supply. Following Carlsbad’s approval, Poseidon received permits and approvals from the California Coastal Commission, State Lands Commission, and San Diego Regional Water Quality Control Board. The most recent action, by the Regional Water Quality Control Board, occurred in May 2009. The applicant does not anticipate the amendments it is currently pursuing will require revisions to the permits and approvals received from the other agencies. Proposed Desalination Plant Changes Attachments 7a. and 7b. consist of the approved and proposed site plans for the desalination plant. Enlargements of the proposed site plan are provided in attachments 20 and 22. Along with the two attachments, the following list outlines the changes proposed by Poseidon to the desalination plant, excluding the revisions planned to the water delivery pipelines, which are located offsite of the EPS and described below. Desalination plant site reconfiguration and expansion: As approved, the plant has an east-west orientation that would occupy a 3.2 acre oil storage tank and surrounding containment berm. The tank, to be demolished, is the southernmost of three tanks nearest and visible to Carlsbad Boulevard. As proposed, the desalination plant site would expand to the south of its current location and away from Agua Hedionda Lagoon, due to the consolidation of uses into one area that were previously spread throughout the EPS in the original approval. The new plant site would have a north-south orientation spread over 5.7 acres and parallel with the railroad tracks. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 4 Modification of desalination plant equipment and building locations and sizes: Attachment 8 provides comparative information on square footages, building heights, and other aspects of the approved and proposed plants. Plant components, such as the pretreatment area, reverse osmosis building (“RO building”), and chemical storage area would relocate on the newly expanded site. Landscape areas, number of parking spaces, and the capacity of on-site underground product water storage would increase. The structure containing the pretreatment area and the RO building would each enlarge by several thousand square feet. While some structures would also realize a height increase when compared to the approved project as Attachment 8 shows, no plant component would exceed the maximum permitted height of 35 feet. Consolidation of uses: The approved project features appurtenant facilities located on the EPS grounds but away from the desalination plant site. These facilities include three electrical transformers and a solids handling building. These facilities would be relocated on the desalination plant site so that all uses involved in the treatment and production of seawater are together. This contributes to the expansion and reorientation of the site. Relocation and underground installation of on-site pipelines and pump station: Other appurtenant facilities at the EPS include intake and discharge pipelines and an intake pump station to convey seawater from the power plant’s seawater cooling discharge channel to the desalination plant and vice versa. As approved, these facilities are above ground and the pipelines connect the discharge channel to the desalination plant in a circuitous fashion. As proposed, the pipeline route would be shortened by approximately 2,000 feet and realigned in a much more direct manner. Also, the pipelines and the pump station would be undergrounded. The discharge pipe is also proposed to increase in diameter from 48 inches to 72 inches, the same diameter as the intake pipe. The applicant indicates this increase is needed to allow for full capacity testing of the desalination plant during project start-up and following maintenance. The proposed undergrounding of the intake pump station and intake and discharge pipeline and consolidating of uses onto the desalination plant site serves to reduce the overall visible footprint of the project. No changes in the operational characteristics of the desalination plant are proposed. Further, the proposed modifications do not amplify impacts to marine life as no increase in plant seawater intake or discharge or change to the desalination process is proposed. Additionally, plant capacity would also remain the same, with both the approved and proposed plants producing approximately 50 million gallons per day (MGD) of potable water from 104 MGD of seawater with no change in capacity. Attachment 9 describes the desalination process proposed. Proposed Offsite Pipeline Changes Modifications are also proposed to the extensive pipeline network offsite of the EPS. This network would carry desalinated water into the surrounding communities by connecting to EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 5 existing water agency and municipal pipelines. Of the several alignments and sub-alignments identified in the EIR, one primary alignment, along Cannon Road, Faraday Avenue, and Melrose Avenue into the City of Vista, has been selected for construction. At the west end of this alignment, upon leaving the EPS property, the pipeline is proposed to shift slightly to the east from that shown in the EIR and into Avenida Encinas north of Cannon Road, by the West Resort. Nearly 6.5 miles east, at the opposite end of this alignment in Melrose Drive, additional pipelines are proposed that would extend south of Palomar Airport Road into La Costa (requested by the City of Carlsbad) and east of Melrose Drive into San Marcos. The slight pipeline shift and these additional pipelines were not considered in the EIR. The approved and proposed pipeline network enables not only all of the Carlsbad Municipal Water District service area (approximately 80% of the City) to receive desalinated water, but also eight other agencies in San Diego County as well. These other agencies would be primarily served through the proposed pipeline that would extend into San Marcos to connect to the San Diego County Water Authority’s Second Aqueduct. In addition to alignment modifications, diameters of some pipes would change. The main transmission line for desalinated water, extending from the desalination plant in Carlsbad to the Water Authority’s Second Aqueduct over eleven miles away, would have a diameter of 54 inches. The largest diameter pipe considered in the EIR was 48 inches. The applicant indicates the increase is preferable as it results in a reduction of head loss and energy requirements. A 30 inch diameter pipeline analyzed in the EIR to connect to a Carlsbad Municipal Water District transmission main in Palomar Airport Road would enlarge to 36 inches. This increase in diameter is due to changes in flow apportionment between delivery points within the desalinated water delivery system. Finally, the previously studied primary alignment that extends into the City of Vista from Carlsbad would realize a pipe diameter decrease from 42 inches to 36 inches. The size of this section of the pipeline has been reduced because part of the flow within this segment of pipe has being redirected east to the San Marcos Alignment. Attachment 10 is a map showing all pipeline alignments studied in the EIR, the primary alignment studied in the EIR and selected for construction, and the additional alignments proposed that are considered in the Addendum to the EIR. Attachment 11 is a text description of the selected and proposed additional alignments. The originally approved pipeline alignment covered 17.4 miles, while the revised alignment has been reduced to 16.16 miles. Permitting of Proposed Changes Changes to the desalination plant and onsite appurtenant facilities would be permitted through the proposed amendments to the Precise Development Plan (PDP) and Redevelopment Permit. The PDP regulates land use and development for the entire EPS and the EPS is located within a redevelopment area. Furthermore, any amendment proposed to the PDP also triggers an amendment to the Encina Specific Plan, SP 144. The amendments proposed would not change any standards or requirements of the PDP or the Specific Plan. Changes to the PDP and Specific Plan would consist of updated text and graphics to recognize the proposed changes. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 6 The amendment to the Habitat Management Plan Permit, which was required for potential impacts to sensitive habitat by pipelines within and outside the EPS, is merely requested to recognize the change in project plans. Proposed project changes, including new pipeline alignments, do not impact any additional habitat or require additional mitigation. When the desalination project was originally approved, the City issued a Special Use Permit (floodplain) and Coastal Development Permit (outside the Agua Hedionda Land Use Plan, which is explained below) for portions of the pipeline network. These permits do not need amendment as they are not affected by any of the changes proposed. Otherwise, no permits were required for the pipeline network. The applicant may be required, however, to obtain permits for pipelines that would extend into other cities. Attachment 12 is a map showing the Agua Hedionda Lagoon area and the boundaries of the South Carlsbad Coastal Redevelopment Plan, Encina Specific Plan, Precise Development Plan, Agua Hedionda Land Use Plan (AHLUP) and the Coastal Zone. The AHLUP is a segment of the City’s Local Coastal Program in which the Coastal Commission has retained permit authority. The AHLUP encompasses the EPS and Encina Specific Plan. In addition to physical changes to the plant and pipelines, the applicant and the City have also proposed revisions to the approved Development Agreement to reflect the amendments to the PDP, revised alignments for product water pipelines, and to provide additional detail on how the applicant will access City right-of-way during pipeline construction. All requested actions are subject to environmental review, and the recommended Addendum to EIR 03-05 documents the proposed project changes and finds they are consistent with the analysis and mitigation contained in the EIR. Subsequent Coastal Commission Action and Construction Schedule Since the City lacks coastal permit authority inside the AHLUP, a Coastal Development Permit from the California Coastal Commission was required for the desalination plant, appurtenant facilities, and portions of pipelines within the AHLUP. The Coastal Commission has approved the Coastal Development Permit. Poseidon believes the proposed project changes will not warrant an amendment to the Coastal Development Permit due to the nature of the changes. The Carlsbad Energy Center Project In September 2007, Carlsbad Energy Center LLC made application to the California Energy Commission to construct a 558 megawatt combined cycle power plant at the EPS. The Carlsbad Energy Center Project or “CECP” would be constructed east of the desalination plant, on a 23- acre site currently occupied by large oil storage tanks and between the railroad tracks and Interstate 5. The California Energy Commission, not the City of Carlsbad, has the authority over power plants of 50 megawatts or greater. It is anticipated the Energy Commission may decide on the proposed CECP in 2010. However, the two projects do not conflict with one another. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 7 In addition to its filing with the California Energy Commission, the CECP applicant also filed amendments to the Precise Development Plan (PDP 00-02(A)) and Encina Specific Plan (SP 144(I)). These applications remain open though decisions on them have yet to be made. IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan; B. Encina Specific Plan (Specific Plan 144); C. Zoning Ordinance and Precise Development Plan PDP 00-02; D. South Carlsbad Coastal Redevelopment Plan; E. Development Agreement (Chapter 21.70 of the Carlsbad Municipal Code); F. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II segment, and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); G. Habitat Management Plan; and H. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). The recommendations for approval of this project were developed by analyzing the project’s consistency with the applicable City regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan designates the Encina Power Station for Public Utility (U) uses. The Land Use Element also states that U designation’s “primary functions include such things as the generation of electrical energy, treatment of waste water, public agency maintenance storage and operating facilities, or other primary utility functions designed to serve all or a substantial portion of the community.” The desalination plant and the changes proposed to it are consistent with this description particularly in that the plant and offsite pipelines would serve most or all of Carlsbad. The various pipelines proposed throughout the City are located in several different land use designations. Installation of pipelines is considered to be consistent with the Land Use Element in that pipelines are allowed in all General Plan land use designations. Further, since they would be placed underground, would be generally located in street right of ways, and would cause only limited, temporary impacts to sensitive native habitats, the proposed pipelines are consistent with General Plan policies requiring development to protect and enhance the City’s environment, character, and image. From a broad policy standpoint, the proposed amendments maintain project consistency with the General Plan in that they continue to implement goals stated in the land use document’s Vision section. The desalination project, with proposed modifications, will provide a high-quality, reliable water supply to the residents of Carlsbad thereby fulfilling the General Plan vision statement, “A City which provides adequate public facilities to preserve the quality of life of its residents.” Additionally, a reliable drinking water supply is a major issue for all Southern California jurisdictions. The project addresses this issue by not only supplying desalinated water EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 8 to Carlsbad but other agencies as well, thereby helping reduce San Diego County’s reliance on imported water. This fulfills another General Plan vision statement, “A City which recognizes its role as a participant in the solution of regional issues.” The project also helps to fulfill the vision goal of “A City committed to economic growth of progressive commercial and industrial businesses to serve the employment, shopping, recreation, and service needs of its residents.” The proposed revisions will not diminish the project’s ability to create new jobs and new economic activity in Carlsbad and provide a reliable water supply that businesses can count on for sustainable economic activity. More specifically, changes proposed to the desalination plant, particularly its RO building, maintain a modern office/industrial building design, similar to the approved project. Other significant, visible structures on the desalination plant site, the pretreatment and chemical storage areas, feature screen walls with a building-like facade. The desalination plant changes proposed comply with the sensitive design objective of Overall Land Use Pattern Policy C.6, which states, “Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood.” Finally, the proposed relocating of on-site appurtenant facilities, including the undergrounding of pipelines and a pump station and consolidating of equipment and uses to the desalination plant site, contribute to a more efficient use of the EPS as compared to the approved project. Relocating complies with Overall Land Use Pattern Policy C.1, which states, “Arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public, and aesthetically pleasing.” B. Encina Specific Plan (SP 144) Adopted in 1971 and amended several times since, the Encina Specific Plan encompasses 680 acres and spans a two-mile distance from the Pacific Ocean to just east of Cannon Road near its intersection with Faraday Avenue. Within its boundaries are the Encina Power Station, Agua Hedionda Lagoon east and west of Interstate 5, and adjacent areas. Specific Plan 144(H), an action approved with the desalination project in 2006, incorporated PDP 00-02 by reference. The Specific Plan states that it must be amended if the PDP is amended. Thus, SP 144(J) has been proposed. The proposed amendment proposes no changes to any Specific Plan requirements or conditions or to General Plan land use or zoning designations within its boundaries. Instead, changes proposed to Specific Plan 144 because of the proposed project are minor and consist of the following: References to proposed amendment case file numbers “SP 144(J)” and “PDP 00-02(B).” Clarification regarding the status of SP 144(I), the amendment filed for the proposed Carlsbad Energy Center Project. Addition of Local Facilities Management Zone 1 to note that this zone is also within the boundaries of SP 144. Replace the word “major” with the word “formal” to correctly describe the amendment to PDP 00-02 that triggers an amendment to SP 144. This change ensures consistency in terminology between the Precise Development Plan and Specific Plan. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 9 These minor text changes described are highlighted in Attachment 21, proposed Encina Specific Plan 144(J). There are no changes proposed to Specific Plan graphics. Generally, the conditions of Specific Plan 144 have regulated only the Encina Power Station and not other properties within the Specific Plan area. As improvements to the power plant were made, particularly through the 1970s with the addition of the existing emissions stack for example, Specific Plan 144 was amended through the addition of new conditions addressing the particular improvement and in some cases establishing standards for future development. Requirements to Specific Plan properties outside the EPS regard the potential for a future power station east of Interstate 5, leasing of park lands, and infrastructure improvements. In 2002, the City Council, in Agenda Bill 16,790, directed that any applicant of a proposed project within the Specific Plan area be required to prepare a comprehensive update of the specific plan. This direction was revised in 2003, when the City Council passed Resolution 2003-208, allowing the Precise Development Plan and Desalination Plant project to be processed as an amendment to the Encina Specific Plan 144 rather than through a comprehensive update of the specific plan. As the subject project does not modify the capacity, operations, or use of the desalination plant and proposed changes primarily regard the layout of plant components, staff believes an amendment, rather than comprehensive update, again is appropriate. The resolution adopting SP 144(J) contains wording to this effect. The proposed changes to the desalination plant comply with applicable Specific Plan standards and requirements adopted over the years regarding architectural review, building height, exterior lighting, and rooftop mechanical equipment is discussed in detail under the Precise Development Plan analysis and Attachment 13. C. Title 21 (Zoning) and Precise Development Plan (PDP 00-02) Background The EPS site has a Public Utility (P-U) zoning, which implements the corresponding General Plan U land use designation. Section 21.36.020 of the Public Utility Zone lists permitted uses and structures, including the processing, use, and storage of domestic and agricultural water. Accordingly, since it entails processing, use and storage of domestic water supplies, the desalination plant is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements “until a precise development plan has been approved for the property.” Consistent with this requirement, PDP 00-02 was reviewed by the Planning Commission and approved by the City Council in 2006. The PDP serves as the primary entitlement for the desalination facility. As explained more below, the PDP also functions as a master or specific plan for the EPS, as explained below. A precise development plan is adopted and amended by ordinance. The P-U Zone requirements provide little in the way of development standards for the zone or content requirements for a PDP. Basic standards are provided for minimum lot area, lot coverage, parking and loading area locations, and landscaping. While no building setbacks or height standards are established by the P-U Zone, Section 21.36.050 states the City Council may EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 10 impose conditions as it determines necessary and consistent with the P-U Zone, General Plan, and the Encina Specific Plan. These conditions may include, but are not limited to, provisions for setbacks, landscaping, fences and walls, special height and bulk of building regulations, and parking. Accordingly, the proposed PDP includes requirements in addition to the basic standards already required by the P-U Zone. Consistent with this and other sections of the P-U Zone, the proposed PDP functions as a specific or master plan to regulate development at the Encina Power Station and contains six major sections: Precise Development Plan purpose Physical Setting, including existing uses and the proposed desalination facility Incorporation of Applicable Regulations and Documents, including the General Plan, Encina Specific Plan, and Redevelopment Plan Development Standards Public Improvements Procedures and Amendments Among other things, the standards of the PDP: Provide basic parameters to guide the development and siting of minor improvements; significant changes to the Power Station would require an amendment to the Precise Development Plan; Recognize that the majority of the Power Station is not readily visible to its surroundings and that application of a development standard may be unnecessary if a project is proposed, for example, near the center of the property; The proposed changes to the desalination plant and appurtenant facilities require amendment to the PDP. However, these amendments are relatively minor and consist of updating PDP text and graphics to recognize the new, proposed configuration of the desalination plant and appurtenant facilities, changes in building and structure coverage, increase in parking spaces, and recognition of the Addendum to the EIR 03-05 and amendment to SP 144. No standards of the PDP would be changed by the proposal. Detailed Description of Proposed Project Changes Attachments 8 and 13, along with the attached project plans, will assist in the review of this section. As approved in 2006, the desalination facility would occupy the site of the southernmost of three oil storage tanks (Oil Tank #3) closest to and partially visible from Carlsbad Boulevard and its surrounding containment berm. Each of the three tanks has a diameter of 140-feet and a height of 38-feet as measured from the tops of the containment berms, which have a rectangular shape and are much larger than the footprint of the tanks. Access to the site, as approved and proposed, would be from Carlsbad Boulevard EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 11 In the approved configuration, the pretreatment filter area occupied the west half of the 3.2 acre site and the RO building, administrative offices and other functions, chemical storage area, and parking lot occupied the east half of the site. Some features, such as the product water pump station and storage tank, would be constructed under the RO building. With the exception of the three substations and solids handling building, the approved desalination plant would be essentially contained within the boundaries of the berm. Under the approved and proposed plant configurations, the RO building primarily houses thirteen “trains” of reverse osmosis membranes. Before seawater enters these membranes, it is first run through sand filtration in the pre-treatment area. The revised project steps back the desalination facility from the lagoon and most public views, effectively making a more slender facility that parallels the railroad right of way in a north to south orientation. Rather than remain confined to the area bordered by the containment berm surrounding Oil Tank #3, the proposed project would expand 450 feet to the south of Oil Tank #3 onto an already developed area for a total plant site of 5.7 acres. Oil tank #3, associated piping, and existing facilities in the expanded area would be relocated or demolished as necessary. A portion of the containment berm located west of the proposed project would remain. At its closest point, the project would be about 300 feet from Agua Hedionda Lagoon and approximately 900 feet from Carlsbad Boulevard. The proposed project easily complies with the Precise Development Plan lagoon setback requirement of 50-feet from the property line along the shoreline. No other required setbacks apply to the project. In the revised site plan, the RO building is now located on the west side of the site while the pretreatment filter area is on the east side, a reversal of the approved plan. The pre-treatment pump area has been placed in a sub-grade pit and moved to the north-western corner of the site with parking spaces and landscaping that will effectively screen it from the west. The administrative offices and electrical room have been consolidated into a small portion of the RO building in a two story configuration. The rest of the RO building is single story with a high ceiling over the reverse osmosis process area. The pretreatment area, although unroofed and not within a building, is surrounded by tall screen walls designed with a building-like façade. As viewed from all elevations, particularly the south and west, the entire plant, including those features hidden by screen walls, has the appearance of a modern office or industrial building. The elevations match the quality and design of elevations originally approved in 2006, and materials and colors are more varied and interesting. For example, all elevations feature cast-in place concrete, opaque glazing, and corrugated, smooth, and perforated metal and aluminum panels. Perforated panels, proposed on the upper half of building or screen walls, are so positioned above eye level so views into buildings or equipment areas are not possible. At the same time, the perforations, because they permit light through the panel, allow portions of the building to take on a different appearance depending on the time of day. Along the west elevation of the RO building large equipment access doors providing interior access are carefully disguised. Furthermore, because of the west elevation’s prominence and orientation toward the lagoon, it features more extensive use of glazing and tinted glass at both the upper and lower levels of the building. At the RO building’s southwest corner and continuing EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 12 along its south elevation, additional architectural interest is proposed to demarcate the building’s front elevation and primary entrance. Because the two fuel oil storage tanks and adjacent vegetation to the north of the project site would remain, plant structures would be partially obscured from residential areas along the lagoon’s north shore. Similarly, existing vegetation between the project site and Agua Hedionda Lagoon would partially hide the plant from Carlsbad Boulevard. The nearly 50,000 square foot, RO building (an increase from the approved 44,552 square-feet) is proposed with a flat roof and features a second story element at its south end. The roof would reach a maximum height of 35-feet above existing grade, excluding rooftop mechanical equipment and surrounding screen. This maximum height is consistent with the 35-foot height maximum stated in the Encina Specific Plan and Agua Hedionda Land Use Plan. Neither plan establishes a limit on the number of stories. The approved RO building also had a two story element and reached a maximum height of 33 feet, excluding parapets. The 60,000 square foot pretreatment area is surrounded by screen walls with heights ranging from 27 to 30.5 feet. The height varies to permit architectural interest and the same materials and exterior colors proposed for the RO building would also be used on the screen walls. The chemical storage area is bordered on its east and south sides by screen walls 20-feet high. The adjacent solids handling building has a maximum height of 25 feet, compared to the 19.5 foot height approved for the facility when it was located off-site. The chemical storage area, solids handling building, and other equipment such as electrical transformers also would not be visible from the north, east and west due to the proposed RO building and pretreatment area and screening walls. However, this central equipment area, and maintenance or delivery activities associated with them, may be visible to the south and southwest. This area is more than 200 feet from the desalination plant’s south boundary and will be partially screened by proposed perimeter trees. Though screening of this area is not a concern now as it is on the property of an active power plant, it may be if the EPS ever redevelops. Therefore, staff recommends a condition be applied to the amended redevelopment permit that states the following: a. Proposed planter areas along the west and south perimeters of the desalination plant site as shown on approved plans shall be landscaped with, at a minimum, trees, shrubs, and groundcover consistent with the Landscape Manual. Furthermore, the retaining wall along the west perimeter shall be enhanced with vines. b. As part of the review of the Final Landscape and Irrigation Plans, the need for screening of the loading, trash, equipment and service areas of desalination plant site, as viewed from vantage points within the Encina Power Station, shall be evaluated. If the Planning Director determines screening of these areas is necessary, Developer shall revise plans for the perimeter planters as needed. Furthermore, the Planning Director also reserves the right to determine the need for said screening during final inspection of the desalination plant site. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 13 The purpose of this condition is not to mitigate a significant visual impact as identified in EIR 03-05; rather, it is to reasonably screen those specified areas from future public uses that may locate on the Encina Power Station (EPS) property if it redevelops. Considering the current use of the EPS, it is the screening capability of plants, rather than their size at time of planting that is important. Additionally, because of the need to provide a level building pad in an area of uneven topography, a 600-foot long retaining wall, in some places nearly ten feet tall, is planned along the proposed west lease boundary. This wall was not a feature of the approved project as the project was generally confined within Oil Tank #3 containment berm. More than half the proposed wall’s length is within the boundaries of the oil tank’s containment berm and east of the berm’s west edge, which is topped by an access road; this means that elevations at the top of the adjacent berm are similar to and in some cases higher than the top of the proposed wall. This wall is proposed to have a split face design and be planted with vines, as the recommended condition above ensures. Staff believes the height of the retaining wall is acceptable because of the current utilitarian, non- publicly accessible status of the surrounding property. Furthermore, it will not be readily visible to nearest public viewpoints along Carlsbad Boulevard because of distance, intervening vegetation, and topography. Further, any future redevelopment of the site will establish new grades, smoothing out the uneven topography to which the containment berms contribute and grading with the retaining wall in mind. The one-million gallon subsurface product water tank in the approved Project has been moved to the southern area of the site and increased to 3.4 million gallons at the request of the Carlsbad Municipal Water District to allow for more time to modify water service deliveries to the City of Carlsbad in the event the Project is required to shut down. The new tank continues to be underground, but will provide an additional 30 minutes for the Carlsbad Municipal Water District to compensate for a change in water delivery if the plant were to shut down, therefore enhancing the health and safety of the system. Adjacent to the east side of the tank is the underground product water pump station; in the approved project, the pump station was located in the RO building. The desalination plant will receive electricity from the regional power grid (SDG&E) as discussed in the EIR. SDG&E will service the facility by adding additional banks of transformers to the existing SDG&E substation, southeast of the desalination plant and separated from it by the railroad tracks. Transmission lines will be placed in the existing utility tunnel under the railroad tracks which will supply energy from the substation to the desalination plant. Sewer facilities will be placed in the same existing utility tunnel. Attachment 13 provides a detailed analysis of project compliance with applicable development standards. The attachment demonstrates project compliance with Precise Development Plan, Specific Plan, and Local Coastal Program requirements. An alignment under consideration for the relocation of proposed underground seawater intake and discharge pipelines at the Encina Power Station would result in demolition of the existing EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 14 EPS administration building. If this alignment is chosen, any reconstruction of the administration building at the EPS would be subject to separate review. D. South Carlsbad Coastal Redevelopment Plan The South Carlsbad Coastal Redevelopment Plan (SCCRP), adopted in 2000, establishes a 555- acre redevelopment area that includes the PDP area. The SCCRP is in effect through 2045. An amendment to the project’s Redevelopment Permit is needed because of the changes proposed. The stated goals of the SCCRP that are applicable to the project include: Eliminating blight and environmental deficiencies in the Redevelopment Project Area. Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. Strengthening the economic base of the Project Area and the community by the installation of needed on-and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. Developing new beach and coastal recreational opportunities. Increasing parking and open space amenities. The SCCRP identifies the existing power plant as a blighting influence; consequently, including the Power Station within the Redevelopment Plan allows the Carlsbad Housing and Redevelopment Commission to assist the property owner in eliminating this condition. It also allows the Housing and Redevelopment Commission to assist with the possible future decommissioning of the existing power plant and construction of a smaller power generating plant as well as help with other public improvements and redevelopment of the site. SCCRP Section 527 requires all property within the Redevelopment Plan boundaries to be developed, redeveloped, or rehabilitated in conformance with the goals and provisions of the Plan and the requirements and regulations of the General Plan, Zoning Ordinance, and any other state or local requirements, such as guidelines and specific plans. Further, Section 601 indicates the permitted land uses within the Plan boundaries are those permitted by the General Plan, Zoning Ordinance and all other state and local requirements. The SCCRP contains no development standards of its own. An amendment to SCCRP Section 601, passed and adopted in November 2005, states that specific uses, including a “desalination plant” and “generation and transmission of electrical energy” may be permitted in the Redevelopment Plan only if the Housing and Redevelopment Commission finds all of the following are satisfied: The Commission approves a finding that the land use serves an extraordinary public purpose; That the Commission approves a precise development plan or other appropriate planning permit or regulatory document; and That the Commission has issued a Redevelopment Permit. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 15 These findings were made with the desalination project approval of PDP 00-02 and Redevelopment Permit RP 05-12 in 2006. To support the finding that the desalination plant serves “an extraordinary public purpose,” Planning Commission Resolution 6091, which recommended approval of the RP 05-12, provided substantial evidence. The evidence included that approval of the plant and PDP provide: A reliable, redundant, and higher quality water supply; Economic benefits, and; Acquisition of land for public purposes through land dedications. The above examples of evidence to support the finding of extraordinary public purpose also demonstrate compliance with the applicable SCCRP goals stated above. The proposed project changes do not interfere with the attainment of these goals. Furthermore, proposed modifications do not hinder the project’s ability to comply with the SCCRP goal of “facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant.” Proposed reconfiguration of the desalination plant site does not preclude use of the EPS property east of the railroad tracks for a generating station, as evidenced by the submittal of the CECP. Moreover, the proposed reconfigured desalination plant site still leave a majority of the Encina Power Station open for potential redevelopment at some future date. Finally, the consolidation of appurtenant facilities onto the desalination plant site as well as undergrounding and relocating of the pipelines and intake pump station further enhances redevelopment opportunities when compared to the approved project. Overall, the proposed changes do not hinder the project’s ability to comply with the applicable goals and requirements of the SCCRP, including the finding of extraordinary public purpose. E. Development Agreement To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act, California Government Code sections 65864 et seq. The Development Agreement Act authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. California courts have held that development agreements are lawful and legitimate exercises of legislative power that properly deal with complex and recurring land use issues. A development agreement is a contract that binds both the City and the developer, setting forth the applicable terms and conditions under which the project may proceed. So long as the developer is not in default, the City may not change the City’s land use rules applicable to the project (except as provided in the development agreement). In return, the developer is obligated to perform its obligations as set forth in the development agreement. Normally, rights for a project vest when a building permit is issued and substantial expenditures are made in reliance on the permit. With a development agreement, however, rights to develop the project for the length (term) of the agreement are vested when the project approvals are given (assuming these approvals include the approval of the proposed development agreement). EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 16 Pursuant to the authority conferred in the Development Agreement Act, the City has adopted Chapter 21.70 of its Municipal Code, establishing procedures and requirements for the consideration of development agreements. In addition, the City Council has adopted Policy No. 56, establishing a policy regarding the requirements which must be met before the City Council will approve a development agreement. As part of project actions in 2006, a Development Agreement was approved to provide both Poseidon Resources and the City with assurances concerning the conditions of development and public benefits related to the project. This is the only development agreement to be considered by the City since the Legoland development agreement was adopted in January, 1996. Prior to the Legoland development agreement, the City had not entered into any development agreements that were not related to affordable housing projects. In this case, the approved Development Agreement applies to only that portion of the project, as defined by a leasehold agreement between Cabrillo Power and Poseidon Resources, related to the construction of a desalination facility. The Development Agreement would give Poseidon Resources the “vested” right to develop a desalination facility in accordance with the General Plan, Specific Plan, the Precise Development Plan covering the Cabrillo Power property, all related approvals and the conditions imposed on those approvals in return for certain commitments being made to the City. The project will have significant impacts on City operations and rights of way, the Carlsbad Municipal Water District, and the Redevelopment Agency. The Agreement defines for Poseidon Resources the development standards that will be applied for the project, while defining for the City, CMWD and RDA the economic benefits that will be received from the project. The project is expected to cost $250 million, or more, to construct. Assuming that the assessed value applied to the project reflects the cost of construction, the annual property tax payment will be approximately $2.5 million. Roughly 80% (about $2 million) of the tax revenue from the project will go to the RDA. This revenue will be used to fund projects within the RDA including road improvements, water distribution facilities, sewer facilities, and support of affordable housing programs. These projects are more specifically defined and identified in Exhibit C of the South Carlsbad Coastal Redevelopment Plan. Therefore, the proposed project is in the interests of the City. Many of the terms and conditions of the proposed Agreement are intended to preserve for the benefit of the City, CMWD, and RDA the property tax revenues that will be paid by the project. The Agreement establishes a mitigation fee that will be paid by Poseidon, or its successors in interest, in the event that property taxes are not paid by the owners of the project, such as in the event of the purchase of the plant (either through voluntary sale or condemnation) by a governmental body. This mitigation fee is sufficient to fund all, or a significant portion, of the most beneficial of the Redevelopment Plan projects to be undertaken. The mitigation fee and property tax revenue have been secured for the City, CMWD and RDA through the proposed Development Agreement, the Water Purchase Agreement between the CMWD and Poseidon (September 2004). Therefore, the proposed Development Agreement includes legally binding commitments by Poseidon to provide substantial public benefits over EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 17 and above those which Poseidon otherwise would be obligated to provide as a condition of approval in the absence of the Development Agreement. The project would amend and restate the Development Agreement as follows: 1. Revised leasehold area for the desalination facility. The applicant has entered into a revised lease with Cabrillo Power to reflect the revised area of the desalination facility. The Development Agreement will be amended to reflect the new area and will be recorded against Poseidon’s leasehold interest. 2. Use of Public Right-Of-Way. The original Development Agreement provided the applicant access to City rights of way needed for the delivery of product water from the desalination facility to Carlsbad and other water purchasers. As noted above, the rights of way necessary for product water pipelines have been modified. The modified pipeline alignment will be referenced in the amended development agreement. In addition, the amendment provides language for implementing construction of pipelines in public rights of way, modifying approved public rights of way, construction standards, restoration of property (including without limitation trench cuts and repaving) and requirements for communication between the applicant and the City. 3. Public Agency Encroachment Agreements. The amended Development Agreement provides that the City of Carlsbad will act as the applicant to enable the granting of easements and encroachments into public rights of way owned by other public agencies. Certain rules preclude private party access to these rights of way, and in these instances, the City will act as the applicant and then allow Poseidon the use of the applicable encroachment permit for the construction, operation, repair, maintenance or removal of facilities. The proposed amendment to the Development Agreement provides more certainty that the project will be built and furthers the applicant’s ability to proceed with the project. Furthermore, it is unlikely the proposed project, including the public benefits to be derived therefrom, would occur when and as provided in the proposed Development Agreement in the absence of the vesting assurances incorporated in the proposed Development Agreement. Accordingly, staff finds the amendment is justified. F. Local Coastal Program As noted at the beginning of this report the original City approvals included a Coastal Development Permit (outside the Agua Hedionda Land Use Plan) for portions of the pipeline network in the Coastal Zone. The Coastal Development Permit issued by the City does not need amendment as it is not affected by any of the changes proposed. The following analysis provides context for the project’s compliance with Coastal Zone policies. EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 18 The project affects two parts of the City’s Coastal Zone: the Mello II segment and the Agua Hedionda Land Use Plan segment. The latter segment encompasses the Encina Power Station, the lagoon, and property around the lagoon. The desalination plant and appurtenant facilities located onsite of the Power Station, as well as water conveyance pipelines proposed in Avenida Encinas and Cannon Road, are located in the Agua Hedionda Land Use Plan segment. Pipelines proposed on Faraday Avenue are in the Mello II segment. Municipal Code Chapter 21.203, Coastal Resource Protection Overlay Zone, is also applicable to the project since the Overlay applies to all Coastal Zone properties. While he City has authority to issue the necessary coastal development permit for pipelines in the Mello II segment, the Coastal Commission has retained the authority to issue the coastal development permit for pipelines and the desalination facility in the Agua Hedionda Land Use Plan segment. As noted earlier, the Coastal Commission approved this permit in 2007. Nevertheless, staff’s analysis of the project’s compliance with the Local Coastal Program includes review of this segment. As with the original approval of the desalination project in 2006, staff finds the proposed amendments are consistent with applicable Local Coastal Program policies as follows: Agua Hedionda Land Use Plan Segment:o The Precise Development Plan regulates uses, including the proposed desalination plant that is consistent with those uses shown on the Agua Hedionda Land Use Plan’s Land Use Map. o The dedication of a public access easement for the Fishing Beach is consistent with Plan policies 6.5 and 6.7, which encourage the Encina fishing area on the Outer Lagoon to be maintained and present recreational uses of the lagoon to be expanded where feasible. o The desalination plant RO building complies with the Plan’s building height maximum of 35-feet. Mello II Segment o The project complies with Policy 2-6 –City Support of Efficient Agricultural Water Usage, which states: “The City will take measures to reduce the reliance of agricultural users on imported water.” This project provides the city and region with an innovative and alternative source of water that does not rely on imported water. While reclaimed water will also serve non-agricultural users, the fact that another source of water will be available to the various water users in the city that is not part of imported water supplies, makes this project consistent with this coastal policy.o The project complies with Policy 3-1 –Carlsbad Habitat Management Plan, which states: “The Carlsbad Habitat Management Plan is a comprehensive, citywide program to identify how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city and the Coastal zone”. This project is in compliance with the provisions of the HMP, as outlined in EIR 03-05, the Addendum to the EIR, and also as reflected in the findings for Planning Commission Resolution No. 6636 approving HMPP 05-08(A). EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 19 Coastal Resource Protection Overlay Zone o The project complies with Municipal Code Section 21.203.040 A. regarding preservation of steep slopes with native vegetation as it does not impact any such features. Instead, pipelines are generally proposed in roadways or already disturbed or developed areas. o The project complies with Municipal Code Section 21.203.040 B. regarding drainage and erosion as the Mitigation Monitoring and Reporting Program includes mitigation measures to address drainage, erosion control, sediment control and storm water quality, as set forth in the National Pollutant Discharge Elimination System (NPDES) permit and other required standards and permits. Coastal ActoThe proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that project pipelines will be installed underground and therefore will not impact public access opportunities or recreational resources. o Public dedications in the vicinity of Agua Hedionda Lagoon and the Pacific Ocean are consistent with Coastal Act Policies regarding public access to coastline and recreational features. o The project is subject to the Mitigation and Monitoring Program for EIR 03-05, which provides mitigation to assure consistency with Local Coastal Program policies regarding environmentally sensitive habitats, geology, and water quality. G. Habitat Management Plan (HMP) All potential project impacts to HMP covered species are temporary. In the City of Carlsbad, potential native resource impacts are associated with isolated patches of coastal sage scrub (disturbed and undisturbed) within the EPS that may be temporarily impacted by construction of the plant and installation of the product water pipeline, the latter from the desalination plant south to the boundary of the EPS near Avenida Encinas, north of Cannon Road. No other pipeline alignments proposed for construction would potentially impact native habitat, a reduction in the potential habitat impacts reported in EIR 03-05, as pipelines and related flow control facilities proposed for construction would be located in roadways or already disturbed or developed areas. Through design and mitigation, the project avoids and minimizes impacts to habitat. The proposed changes to the project, whether plant or pipeline modifications, do not alter this conclusion and do not impact any additional habitat or require any new mitigation.The amendment to the Habitat Management Plan Permit is needed because condition of approval number 3 of the original approving resolution (Planning Commission Resolution 6094) requires an amendment to the permit for any project changes. Because changes are proposed (although the changes have no habitat impacts), this amendment has been proposed. H. Growth Management The original approval of the desalination plant was found consistent with the Local Facilities Management Plans for Zones 1 and 3, the two LFMPs in which the EPS is located. As the EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 20 proposal does not change the plant’s capacity or operational characteristics, the proposed changes would be consistent with the Growth Management Plan and a reevaluation of compliance between the proposed project and Growth Management is unnecessary. The proposed pipelines cross several different facilities zones. However, they do not generate any facility plan improvement requirements or funding. V. ENVIRONMENTAL REVIEW To provide environmental review consistent with the California Environmental Quality Act (CEQA), the City consulted with environmental firm Dudek and Associates to determine if the revisions to the Project would trigger a supplemental or subsequent EIR, or if a simpler document, an addendum, could be prepared. Dudek and Associates prepared the project’s Environmental Impact Report that the City certified in 2006. Supplemental and subsequent EIRs require public noticing and review periods similar to that required for Draft EIRs. Unlike addenda, they are necessary to use when a previously certified EIR is no longer adequate to cover the impacts of the changed project. As explained below, staff has reviewed the project changes and found that none of the requirements in CEQA Guidelines sections 15162 or 15163 for supplemental or subsequent EIRs have been triggered. Therefore, the revised project is within the scope of the certified EIR and use of an addendum to document the project changes is appropriate. CEQA Guideline Section 15162 requires a subsequent EIR if: 1. Substantial changes are proposed in the Project which will require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the previous EIR; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified. CEQA Guideline Section 15163 requires a supplemental EIR if: 1. Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and 2. Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. In preparing the recommended Addendum, staff determined none of the conditions warranting a subsequent or supplemental EIR were met as the following findings show: EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 21 1. There are no significant new environmental effects and no substantial increase in the severity of a previously identified significant effect. The analysis and mitigation contained in EIR 03-05 remain adequate to address all modifications proposed, whether to the desalination plant and appurtenant on-site facilities or the off-site pipeline alignments. The modifications, for example, do not amplify impacts to marine life as no increase in plant seawater intake or discharge or change to the desalination process is proposed. Additionally, the plant revisions proposed consist primarily of physical changes to plant components, whether in size or location, not operational modifications. Furthermore, although new pipeline alignments are proposed that were not considered in the EIR, they do not present new impacts not already considered or addressed as necessary by existing mitigation measures. 2. There has been no substantial change with respect to the circumstances under which the Project is being undertaken which would require major revisions to EIR 03-05. 3. There is no new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time EIR 03-05 was certified. 4. The Project will not have any significant effects not discussed in the EIR 03-05. 5. There are no new or additional mitigation measures that need to be added and there are no mitigation measures previously found not to be feasible that are now found to be feasible that would substantially reduce one or more significant effects of the Project. The recommended Addendum to the previously certified EIR documents the minor technical changes included in the permit amendments and documents the revised product water pipeline alignments. CEQA Guideline Section15164 states that “the lead agency…shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.” Guideline 15164 also notes an addendum need not be circulated for public review but may simply be attached to the Final EIR. While the proposed Addendum was not circulated as is required for Draft EIRs, staff has made the proposed document known and available for public review by identifying it in the project’s public hearing notice, distributing it to neighboring jurisdictions and agencies affected by the project, and including it as part of the staff report. Those jurisdictions and agencies receiving the Addendum include the cities of Oceanside, San Marcos, and Vista as well as the Carlsbad Municipal Water District, Encina Wastewater Authority, San Diego County Water Authority. ATTACHMENTS: 1. Planning Commission Resolution No. 6631 (EIR) 2. Planning Commission Resolution No. 6632 (PDP) 3. Planning Commission Resolution No. 6633 (SP) EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01(A)/RP 05-12(A)/HMP 05-08(A) – DESALINATION PROJECT CHANGES August 19, 2009 Page 22 4. Planning Commission Resolution No. 6634 (DA) 5. Planning Commission Resolution No. 6635 (RP) 6. Planning Commission Resolution No. 6636 (HMP) 7. (Attachments 7a. and 7b.) Approved and proposed desalination site plans, including onsite appurtenant facilities 8. Table comparing approved and proposed projects, excluding offsite pipelines 9. Description of the desalination process 10. Desalination Plant and Pipelines Map 11. Text description of pipeline alignments 12. Land Use Plans – Agua Hedionda Lagoon Area 13. Project compliance with applicable development standards 14. Background Data Sheet 15. Local Facilities Impact Assessment Form 16. Disclosure Statements 17. Addendum to EIR 03-05* 18. Certified Final Environmental Impact Report EIR 03-05* 19. Approved City Council Resolution 2006-156, which includes:* a. Additional responses to comments on Final EIR 03-05, dated June 13, 2006; b. Amendment to add Section 5.5 to the Findings of Fact and Statement of Overriding Considerations. 20. Approved Planning Commission Resolution No. 6087, incorporated by reference into City Council Resolution 2006-156 and which includes:* a. Findings of Fact and Statement of Overriding Considerations; b. Mitigation Monitoring and Reporting Program. 21. Proposed Encina Specific Plan 144(J)* 22. Proposed Precise Development Plan PDP 00-02(B)* 23. Exhibits “A” through “P” dated August 19, 2009 *Denotes previously distributed document. Desalination Plant•o0>sa.o a. -Qf- ra Q) o Q. Q. <f Comparison between ,^^cTin Proposed (POP 00-02(B)/RP 0!es ID0 Approved (POP 00-02/RP£ % £ 0) +-esalination PlarQ |800' (n-s) x 290' wide (e-w,avg) approx|310' (n-s) x440' (e-w) approx(0 verall dimensionO 1 5. 7 acres, includes transfomers & solids bldg1 3.2 acres, excludes transformers & solids bldgCD < • m retreatment AreQ.I NE quarter of expanded desalination plant siteWest half of desal plant sitecg — i JOgcCDbCOCD>'roooCD•D>.0 | Entirely above grade (approx 27' high) and surrounded 1O3 in CO'. Io ^ 0 CO•cOr~| Mostly below grade structure surrounded by 3' high wall; siO) 'CDI1 150' (east to west) by 300' (north to south)1 1 50' (east to west) by 280' (north to south)imensionsQ 1 60, 000 sf|42,632 square feet (sf)CO < 01c 2 m ODC I West central part of expanded desalination plant siteI East half of desal plant sitecg — i io CO inCO 01 'CDx 1 120' (e-w) x 380' (n-s) = 380' visible from west^^ 1 Ee CD 3 'CO > CO .co 3 in CN CN CO |230' (e-w) x175' (n-s), 80'x50' (2 parts, longest dimension iimensionsQ 1 49,700 sfto CNmin COCD < T3ra.aJOraOraco'to*o Underground, approx 1,100 feet long, in central portion iBlvd to desalination plantnjQ 'co ^ T3 ra £i«~ 5 Above and underground, approx 3,000 feet long, and alonetracks) boundaries of siteCl> o.'o. E?itake and dischi— "E3o | Underground, west central part of site along Carlsbad BJD § CD "S lAboveground, near southwest corner of EPS along Carlsbico itake pump stati^| Internal to desalination plant site"wCD [External to desalination plant site (but within EPS boundarransformersh- o:cis '5 Dl cre "o [Internal to desalination plant site"CDCD I External to desalination plant site (but within EPS boundarco — i ioCN ina> O) CDI[Two structures, 5,000 sf (internal to desal plant site)| One structure, 2,500 sf< re 1ni hemical Storagio "co^1COL:| Freestanding, east central part of expanded site (facing'to1 o±1 Along back of RO building, east boundary of site (facing racg — i IO CD" ooCN ra 2 .CO)IcinoCOQio"CO «CD &Extensively use to hide pretreatment and chemical storeappearance matches RO Building with many design fea|llse limited to screening of chemical storage areacreen WallsCO Similar, but more varied use of colors and materials0)OA to C CO d>c 'ra1 O) yf "oi I "c 8 -3 c Cast-in-place concrete, and extensive use of metal and traand metal accentsjnre•:-olors and mateio lUndergound tank, 3.4 million gallons[Underground tank, 1.0 million gallons0)Olre 0 roduct Water StQ. .gEO)c0-soraCDc 600' long wall along west boundary of desalination plantof its length; decorative split face block with vines^cra I "c c o O) 1 ra c?ora Era Internal to desalination plant site (not visible beyond plant)discharge pipes in the EPS sitea> 01c 'c 1 1 6,500 sf1 5,000 sfandscape area— i COCN arking spacesa.II features<[2.957 acres[3. 969 acres^ CO 3 isible Project fea>5.25 acresraoCOCOin COCD Dotprint, all featuu. §*e toaE g 1 T3C03 CO ictures due to undergrounding of intake and discharge pipe"co CD 2Qju decrease in visib* Attachment 9 EIR 03-05(A), PDF 00-02(8), SP 144(J), DA 05-01 (A), RP 05-12(A), HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 The Proposed Desalination Process Source water for the desalination plant will come from seawater currently used to cool steam turbines at the Encina Power Station. Up to 104 million gallons per day (mgd) of seawater that has passed through the Encina power plant condensers will be diverted from the power plant discharge to the desalination plant. An intake structure consisting of a pump station and a wet well tied in to the power plant discharge channel will pump water through a 72-inch pipeline to be constructed from the power plant to the desalination plant. The 72-inch intake pipe will be constructed in parallel with a 48-inch seawater concentrate discharge pipe. Under the proposed amendments, this discharge pipe would be increased to a 72-inch diameter. This increase is needed, according to the applicant, to allow for full capacity testing during project start-up and following maintenance. The concentrate discharge pipeline will convey the brine discharge from the desalination plant as a by-product of the reverse osmosis filtration process into the existing discharge channel from the power plant at a location that is approximately 850 feet downstream of the desalination intake structure to avoid intermixing of the concentrate discharge with the desalination plant source water. The source water will be pre-treated and filtered through reverse osmosis (RO) membranes to produce drinking water. Two types of pretreatment system technology are considered for implementation at the desalination plant: (1) granular media (sand) filtration; and (2) membrane filtration. Pumps then feed the pretreated seawater to the reverse osmosis membrane treatment trains. Among these pumps are the high pressure reverse osmosis feed pumps, the purpose of which is to deliver the feed water to the membranes at high-enough pressure (typically 800 to 900 psi) in order to complete the water/salt separation process. The reverse osmosis treatment system equipment, arranged in 13 discrete treatment trains, would have a total installed water production capacity of 54 mgd and an average capacity of 50 mgd. The product water from the reverse osmosis system would be disinfected with chlorine followed by an ammonia addition for chloramination. Control of biological growth in the transmission pipelines and in the receiving reservoirs in the distribution system will be accomplished by adding ammonia to the chlorinated water to form chloramines. The product water would be stored temporarily in on-site facilities prior to transmission to local and/or regional storage and distribution systems. The product water would also be conditioned using lime and carbon dioxide to provide corrosion control within the existing water delivery system. This is necessary because the RO process removes minerals from the water and creates a condition whereby the water molecules will attract minerals contained in the water delivery facilities, potentially causing corrosion of the facilities. Attachment 9 EIR 03-05(A), POP 00-02(B), SP 144(J), DA 05-01 (A), RP 05-12(A), HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Concentrated seawater (concentrate) will be produced in the RO membrane separation process. Approximately one gallon of concentrate would be created for every gallon of potable drinking water produced; therefore, for the proposed 50-mgd desalination plant, approximately 50 mgd of concentrate would be generated. The salinity of the concentrate would be 57,000 parts per million (ppm), twice the concentration of the incoming seawater (33,500 ppm). The concentrate would be conveyed to the power plant cooling water discharge canal, using the desalination plant concentrate pipeline as previously described, and then blended with the power plant cooling water prior to discharge into the ocean via the power plant discharge canal. The existing 15-foot wide concrete discharge channel presently conveys the cooling water into an on-site discharge pond by gravity. From there, the cooling water travels through box culverts under Carlsbad Boulevard into a riprap-lined channel leading across the beach and into the Pacific Ocean. Besides the concentrate, the pretreatment and reverse osmosis systems produce waste from the desalination process and/or cleaning requirements that require proper disposal. Some of the material separated from the seawater during the pretreatment process would be returned to the power plant discharge. Settled solids from the pretreatment process would produce both solid and liquid sludge that would require disposal at a landfill or the Encina Wastewater Pollution Control facility via sanitary sewer, as appropriate. Cleaning of the membranes and filters will also produce sludge and chemicals that will require similar disposal methods as appropriate. Finally, a cartridge filter system, used for further removal of fine particles between the pretreatment and reverse osmosis steps, produces spent filters that must be disposed of at a landfill. A flow diagram of the desalination process is provided below. This diagram is also provided as Figure 3-7 in the Final EIR. Note the routing of the desalination plant intake and discharge routes shown reflect the approved project; proposed changes would provide routes more directly between the discharge channel and the desalination plant. Attachment 11 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Product Water Pipeline Alignment Description The revised delivery system proposed for construction is approximately 16.16 miles long, compared to the approved delivery system which is 17.4 miles long ( see page 4.10-6 of FEIR). Attachment 10 provides a comparison of the approved and revised pipeline alignment and shows all alignments considered in EIR 03-05 and selected or not selected for construction. Attachment 10 also shows additional alignments proposed for construction but not considered in EIR 03-05. Instead, these alignments are considered in the Addendum to EIR 03-05, EIR 03-05(A). Generally, the revised delivery system that would be constructed follows part of the "blue alignment" shown in the FEIR, with the modifications described below. The alignment described would deliver desalinated water to Carlsbad Municipal Water District (CMWD), City of Oceanside, San Diego County Water Authority, and Vallecitos Water District facilities at various connections points. These connection points, the approximate locations of which are also shown on Attachment 10, are located in underground vaults known as "flow control facilities" that would be constructed in public rights of way or properties adjacent to the pipelines. The revised pipeline route is generally the same as the approved pipeline route for the first 6.4 miles - from the Carlsbad Seawater Desalination Plant to Melrose Drive. The primary difference is that the new pipeline diameter has been increased to 54 inches instead of the originally planned size of 48 inches. The reason for this change is to reduce the head loss and energy requirements associated with the product water delivery pipelines in furtherance of Poseidon's commitment to implement measures to reduce the Project's energy requirements and greenhouse gas (GHG) emissions.1 Additionally, the revised pipeline would exit the Encina Power Generation Station's site at Avenida Encinas, north of Cannon Road, rather than directly into Cannon Road. As previously analyzed, at the intersection of Faraday Boulevard and Melrose Drive, the pipeline route branches into two opposite directions (north-south) along Melrose Drive. The North Melrose Alignment follows the same route as was analyzed in the FEIR but has been significantly reduced in length. The originally approved pipeline route extended 7.4 miles from Faraday Avenue north on Melrose Drive to North Santa Fe Avenue in Oceanside. The revised pipeline route includes only 2.3 miles of pipeline in Melrose Drive and extends as far north as Cannon Road in Oceanside. From there, as originally analyzed, the pipeline will turn west on Cannon Road connecting to CMWD and Oceanside facilities with the other branch going south on Shadowridge Drive and connecting to another delivery point in the CMWD system. The size of this section of the pipeline has been reduced from 42 inches to 36 inches in diameter because part of the flow within this segment of pipe has being redirected east to the San Marcos Alignment. 'Condition 10 of Poseidon's Coastal Development Permit requires Poseidon implement measures to reduce the Project's energy requirements and GHG emissions. See Carlsbad Desalination Project Energy Minimization and Greenhouse Gas Reduction Plan. Attachment 11 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 The South Melrose Alignment begins at the intersection of Faraday Boulevard and Melrose Drive and continues south along Melrose Drive about 0.3 mile until it reaches Lionshead Avenue. Here, the 54 inch pipeline continues east on Lionshead Avenue as the "San Marcos Alignment," a new 3.6 mile pipeline not considered in EIR 03-05 that extends into the cities of Vista and San Marcos as described below. As shown in the EIR 03-05, the South Melrose Alignment also continues south in Melrose Drive about 0.5 mile from Lionshead Avenue to Palomar Airport Road, where it connects with a CMWD transmission main. The pipeline in this portion of the alignment, between Lionshead Avenue and Palomar Airport Road, would increase in diameter from 30 inches to 36 inches due to changes in flow apportionment between delivery points within the desalinated water delivery system. A new 1.9 mile southern leg, the "La Costa Alignment," has been added at the request of the CMWD and was not studied in EIR 03-05. The La Costa Alignment would extend the pipeline south on Melrose Drive to Alga Road in the La Costa service area from the "stub out" point originally shown in the EIR figure 3-5 at the Palomar Airport Road CMWD transmission main. The new pipeline alignment will be wholly within public streets and be a 24 inch diameter pipe. From the Lionshead Avenue and Melrose Drive intersection north of Palomar Airport Road, the new San Marcos Alignment would continue east to Business Park Drive in the City of Vista. From the Business Park Drive and Lionshead Avenue intersection, a stub of the San Marcos Alignment would extend south to Palomar Airport Road/San Marcos Boulevard to connect to CMWD facilities. At Business Park Drive, the San Marcos Alignment continues east as a 54 inch pipeline to Poinsettia Avenue (Lionshead Avenue becomes Poinsettia Avenue east of Business Park Drive), where it turns east on Linda Vista Drive, crosses from Vista into San Marcos, and then heads north on Las Flores Drive to 9th Street. In 9th Street, the alignment heads east across Rancho Santa Fe Road and continues across disturbed land (future extension of Creek Street) to Pawnee Street where it terminates with connections to the San Diego County Water Authority (SDCWA) Pipelines 3 and 4 and the Vallecitos Water District's distribution system. All pipelines are entirely within existing street rights of way or already developed or disturbed areas. The desalinated water is delivered at pressure matching that of the delivery points and is pumped only once by the product water pump station located at the Carlsbad seawater desalination plant. This simplified pumping configuration eliminates the need for the 10-MGD booster pump station initially planned to be located in Oceanside. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 1 of 11 Compliance of Desalination Plant with Development Standards STANDARD Permitted Uses Conditional Uses Minimum Lot Area Existing Code Standard: • 7,500 square feet SOURCE of REQUIREMENT Municipal Code Section 2 1.36.020; South Carlsbad Coastal Redevelopment Plan (SCCRP) Section 601; PDF Section IV, which references Code and SCCRP and also requires PDF consistency. Municipal Code Section 21.36. 110; PDF Section IV, which references Code and requires PDF consistency. Municipal Code Section 2 1.36.070; PDF Section IV (PDF incorporates Code standard). Compliance? Yes N/A (no CUP uses proposed) Yes COMMENTS • Processing, use and storage of domestic water supplies is a permitted use per Section 21.36.020. • SCCRP Section 601 states desalination plants are permitted in Redevelopment Area only if: • Redevelopment Permit approved • Precise Development Plan approved • Finding of "Extraordinary Public Purpose" made. • Project proposes compliance with SCCRP requirements. Amendments to necessary permits filed, and evidence to demonstrate fulfillment of finding contained in recommended Planning Commission Resolution 6635. • * Existing CUP uses within PDP, including cellular facilities and aquaculture farm, are presumed to have valid CUPs. • Uses are subject to Municipal Code and PDP standards per Section IV. • Planning Areas 1 and 3 parcel is 60 acres; • Planning Area 3 parcel is 34 acres; • Leasehold parcel for desalination plant site is 5.7 acres. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 2 of 11 Compliance of Desalination Plant with Development Standards STANDARD Lot Coverage Existing Code Standard: • All buildings and structures shall cover no more than 50% of the area of the lot. Parking, Loading, and Refuse Collection Areas Existing Code Standard: • No parking or loading areas in a front, side or rear yard adjoining a street; or within 10' of an interior side or rear property line. SOURCE of REQUIREMENT Municipal Code Section 2 1.36.070; Proposed PDF Section IV (PDF incorporates this standard). Municipal Code Section 2 1.36.080; PDP Section IV. Compliance? Yes Yes COMMENTS • Lot coverage of entire 95- acre PDP area, with proposed desalination plant, is approximately 15%; • Desalination plant RO building, solids handling building, and pretreatment area cover approximately 46% of the 5. 7 acre leasehold parcel. • Coverage calculations include buildings and major structures such as oil storage tanks and the pretreatment area but do not include smaller features and outdoor equipment such as the proposed chemical storage area and existing power plant switch yard. • There are no yard standards established in the Code. • The desalination plant site is not adjacent to any street or within 10' of an interior property line. • Proposed desalination plant parking, refuse collection and loading areas are not visible to the public due to distance, existing improvements, and existing landscaping. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 3 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Parking, Loading, and Refuse Collection Areas, Cont'd. PDF standards: • Parking, loading, and refuse areas should be visually screened from public view by existing fencing and landscaping; • Parking, loading, and refuse areas should be placed at building rear and sides; • Outdoor refuse and loading areas visible from public areas should be visually screened, as necessary, to a height up to 10-foot high. Municipal Code Section 21.36.080; PDF Section IV. Yes Additional landscaping is proposed along the south and west perimeters of the desalination plant along parking and refuse areas. The front (entrance) of the Reverse Osmosis building faces south toward the parking lot; some loading areas are proposed along west side of building; loading bay doors are designed to blend with the building elevation; trash enclosure is south of building near parking lot. Proposed parking, loading, and refuse areas are bordered by planters; a condition of the Redevelopment Permit RP 05-12(A) requires evaluation of need for screening (by plants) at final landscape plan review and at final inspection. If determined necessary, screening would be provided to reduce visibility of these areas from potential redevelopment of the Encina Power Station. Proposed configuration of desalination plant site reduces offsite views of outdoor equipment (e.g., electrical transformers, post treatment area). Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 4 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Landscaping Existing Code Standard: • Except for approved ways of ingress and egress and parking and loading areas, all required yards shall be irrigated and permanently landscaped with at least one or a combination of more than one of the following: Lawn, shrubs, trees, and flowers; • No walls or fences over four feet in height may be constructed in any area where landscaping is required. PDF standards: • Landscaping shall comply with existing standards; • Where visible to the public, plant sizes shall meet minimums specified in City landscape manual; Municipal Code Section 21.36.090; PDF Section IV. Yes, with both standards, although most standards do not apply because the desalination plant is not on the perimeter of the Power Station. There are no yard standards established in the Code; instead the PDF establishes setbacks, but only along portions of the EPS perimeter. See discussion under "Setbacks" below. Perimeter landscaping is well established along the lagoon and Interstate 5. Perimeter landscaping is not continuous and is lacking along Carlsbad Boulevard, although existing improvements and topography limit landscaping of some areas; A landscape plan for Carlsbad Boulevard is a recommended condition of approval; Existing parking areas are adequately screened. Landscaping along the NCTD corridor is acceptable. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 5 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Landscaping, Cont'd. • Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad corridor shall be consistent with scenic corridor guidelines to enhance the area's visual character; • Parking visible from Carlsbad Boulevard shall be screened; • Removed, dying, or diseased perimeter trees and shrubs shall be replaced with equivalent material. Municipal Code Section 21.36.090; PDF Section IV. Yes, with both standards, although most standards do not apply because the desalination plant is not on the perimeter of the Power Station. As detailed below, the desalination plant exceeds setback requirements of the PDP. The desalination plant provides landscaping along portions of its perimeter. Desalination plant parking would not be visible from Carlsbad Boulevard or any other public way. Grading Existing Code Standard: • None, except City may impose special grading instructions per Code section cited. PDP standards: • Grading in visible areas should utilize natural contour grading to preserve and enhance the natural appearance; • Grading shall comply with all City and Coastal Commission requirements. Municipal Code Section 21.36.050(6); PDP Section IV. Yes Desalination Plant site is not in an area visible to public. Proposed grading is conditioned to comply with all requirements. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 6 of 11 Compliance of Desalination Plant with Development Standards Continued STANDARD Architecture and Building Materials Existing Code Standard: • None, except City may impose special requirements per Code section cited. Existing Encina Specific Plan Standard: • All buildings shall be subject to architectural review to assure a maximum amount of design compatibility with the neighborhood and existing facilities. PDF standards: • Form and design of any new buildings to be largely determined by visibility from locations surrounding the Power Plant and applicable government requirements; SOURCE of REQUIREMENT Municipal Code Section 21.36.050; Encina Specific Plan 144; PDF Section IV. Compliance? Yes COMMENTS • Reverse Osmosis building and pretreatment area would be somewhat visible to surrounding areas, although at a significant distance. The desalination plant overall has a modern office or industrial building appearance. • Proposed materials and colors are subdued and blend with the existing industrial uses; likely, they also would be compatible with uses resulting from any redevelopment of the power plant. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 7 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Architecture and Building Materials, Cont'd. • Building materials and finish should also reflect neighborhood compatibility; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project. Municipal Code Section 21.36.050; Encina Specific Plan 144; PDF Section IV. Yes Setbacks Existing Code Standard: • None, except City may impose setbacks, yards, and open space per Code section cited. Proposed PDF standards: • Minimum 50-foot setback from Carlsbad Boulevard right of way; • Minimum 50-foot setback from property line along Agua Hedionda Lagoon shoreline; if blufftop is greater than 50-feet from property line, the top of the bluff shall mark the minimum lagoon setback; Municipal Code Section 21.36.050(1); PDF Section IV. Yes • The PDF establishes minimum yard or setback requirements of 50-feet from property lines along Carlsbad Boulevard and Agua Hedionda Lagoon shoreline and 2 5-feet from Interstate 5. These proposed setbacks establish yards along the north, east, and west PDF boundaries. There is no setback established along the south property line (common with the San Diego Gas and Electric Operations Center) or along the railroad corridor. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 8 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Setbacks, Cont'd. • Minimum 2 5-foot setback from Interstate 5 right of way; • No setbacks established from the south Power Station boundaries or from interior property lines; • Planning Director may determine compliance with standards is unnecessary based on other agency requirements or function, nature, and location of project; • Setback requirements do not apply to potential Coastal Rail Trail alignments, desalination facility pipeline alignments, or reasonable modifications or expansions of existing minor structures (e.g., utility poles, guard station) unless determined necessary for public health, safety, and welfare purposes by the Planning Director. Municipal Code Section 21.36.050(1); POP Section IV. Yes Desalination Plant complies with setback requirements; the plant site at its closest points are approximately 300 feet from Agua Hedionda Lagoon shoreline, about 900-feet from Carlsbad Boulevard, about 700 feet from Interstate 5, and over 1,700 feet from Cannon Road. Proposed underground intake and discharge pipelines and the intake pump station are not subject to setbacks. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 9 of 11 Compliance of Desalination Plant with Development Standards STANDARD Parking Existing Code Standard: • None, except City may impose parking requirements per Code section cited. PDF standards: • Because of unique uses at Power Station, parking needs may require case-by-case analysis based on number of employees, hours of operation, etc; • When applicable, Zoning Ordinance parking standards shall be followed. Building Height Existing Code Standard: • None, except City may impose height requirements per Code section cited. SOURCE of REQUIREMENT Municipal Code Section 21.36.050(11); PDF Section IV. Municipal Code Section 21.36.050(2); Encina Specific Plan 144; Agua Hedionda Land Use Plan Compliance? Yes Yes COMMENTS • Based on a 2001 parking study of the Encina Power Station, maximum parking demand is 135 spaces (23 of which are occupied by the desalination demonstration facility, a temporary use) and existing parking supply is 174 spaces. • The desalination plant has 22 parking spaces but generates a parking requirement of only 1 3 spaces. • Parking provided for the desalination plant is more than adequate and does not affect parking provided for the power plant. • *Agua Hedionda Land Use Plan height standard adopted in 1982, after completion of the Power Plant generating building and 400-foot tall emissions stack. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 10 of 11 Compliance of Desalination Plant with Development Standards STANDARD SOURCE of REQUIREMENT Compliance?COMMENTS Building Height, Cont'd. Existing Encina Specific Plan Standard: • 35-feet. Existing Agua Hedionda Land Use Plan Standard: • 35-feet. POP standard: • None. Note: No standard includes a maximum number of building stories. Municipal Code Section 21.36.050(2); Encina Specific Plan 144; Agua Hedionda Land Use Plan Yes Specific Plan 144 states: The heights of future power generating buildings and transmission line tower structures shall be of heights and of a configuration similar to existing facilities. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') feet in height unless a specific plan is approved at a public hearing. The tallest component of the desalination plant, the Reverse Osmosis building, features a basement, two stories above ground, and is 35 feet high, excluding rooftop mechanical equipment and screen. Equipment and Storage Tank Screening Existing Code Standard: • None, except City may impose screening requirements per Code section cited. Existing Encina Specific Plan Standard: • Roof mounted equipment shall be screened; oil storage tanks shall be recessed and screened. Municipal Code Section 21.36.050; Encina Specific Plan 144; Yes • The desalination plant is conditioned to have all mechanical equipment screened. Attachment 13 EIR 03-05(A)/PDP 00-02(B)/SP 144(J)/DA 05-01 (A)/RP 05-12(A)/HMP 05-08(A) - DESALINATION PROJECT CHANGES August 19, 2009 Page 11 of 11 Compliance of Desalination Plant with Development Standards STANDARD PDF standards: None. Lighting Existing Code Standard: • None, except City may impose lighting standards per Code section cited. Existing Encina Specific Plan Standard: • Exterior lighting shall be oriented so that adjacent properties shall be screened from glare or a direct light source; all ground lighting shall be arranged to reflect away from adjoining properties and streets. PDF standards: • None. SOURCE of REQUIREMENT Municipal Code Section 21.36.050; Encina Specific Plan 144; Municipal Code Section 21.36.050; Encina Specific Plan 144; Compliance? Yes Yes COMMENTS • Lighting Plan approval is required prior to building permit issuance. Note: "SCCRP " stands for South Carlsbad Coastal Redevelopment Plan BACKGROUND DATA SHEET CASE NO: EIR 03-05fAVPDP 00-02(BVSP 144QVDA 05-OKAVRP 05-12(AVHMPP 05- 08(A) CASE NAME: DESALINATION PROJECT CHANGES APPLICANT: Poseidon Resources (Channelside) LLC REQUEST AND LOCATION: Request for: 1") adoption of an addendum to Environmental Impact Report 03-05: and 2) approval of amendments to the Precise Development Plan, Encina Specific Plan, Development Agreement, Redevelopment Permit, and Habitat Management Plan Permit. Certification of EIR 03-05 and approval of the various applications above occurred in 2006 and established a Precise Development Plan for the Encina Power Station (EPS~) and approved a 50 million gallon a day Carlsbad Seawater Desalination Plant at the EPS as well as desalinated water delivery pipelines in Carlsbad, Oceanside, and Vista. The requested actions would modify the desalination project through the several amendments noted above. The modifications would affect the configuration and location of the desalination plant and appurtenant facilities at the EPS and of the pipeline network planned to deliver desalinated water to Carlsbad and surrounding communities. The changes would not affect the capacity or operations of the approved desalination project. The project locations are: 1) the Encina Power Station located at 4600 Carlsbad Boulevard and west of Interstate 5; 2) the 680-acre Encina Specific Plan, which encompasses the Power Station and all of Agua Hedionda Lagoon; and 3) miscellaneous locations in Carlsbad, Renerally in street right of ways, where desalinated water pipeline alignments are proposed. Additional desalination pipeline alignments are proposed in the cities of Oceanside, San Marcos, and Vista, primarily in existing street rights of way, and are subject to the review and permitting requirements of those cities. LEGAL DESCRIPTION: Multiple properties and locations in the cities of Carlsbad. Vista, San Marcos, and Oceanside are involved. APN: Varies Acres: The Precise Development Plan affects the Encina Power Station, which is approximately 95 acres. The Encina Specific Plan, which encompasses the Power Station, affects 680 acres. The acreages of the various pipeline alignments are not known. Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Encina Power Station has a Public Utilities designation; other project components have other designations Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Encina Power Station has a Public Utilities zoning: other project components have other zoninRS Proposed Zone: N/A Revised 01/06 Surrounding Zoning, General Plan and Land Use (Encina Power Station only): Zoning General Plan Current Land Use Site North South East West P-U O-S P-U P-U O-S u OS u T-R OS Power Station Open Space (lagoon) Industrial Vacant (across 1-5) Open Space (beach) LOCAL COASTAL PROGRAM (for portions of project in Carlsbad only) Coastal Zone: [x] Yes | | No Local Coastal Program Segment: Mello II, Agua Hedionda Land Use Plan Within Appeal Jurisdiction: 1X1 Yes I I No Coastal Development Permit: 1X1 Yes* I I No (*Portion of project within Agua Hedionda Land Use Plan segment of the City's Local Coastal Program requires a Coastal Development Permit from the Coastal Commission.) Local Coastal Program Amendment: I I Yes 1X1 No Existing LCP Land Use Designation: U* Proposed LCP Land Use Designation: N/A Existing LCP Zone: P-U* Proposed LCP Zone: N/A (* Encina Power Station only) PUBLIC FACILITIES (for portion of project in Carlsbad only) School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 909 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption,, I | Negative Declaration, issued_ Final Environmental Impact Report, certified June 13, 2006 Other, Addendum to Certified Environmental Impact Report (EIR 03-05 (A)) - pending Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Desalination Project Changes - EIR 03-OS(AVPDP 00-02(BVSP 144(D/DA 05-01 (AVRP 05-12(AVHMPP 05-08(A) LOCAL FACILITY MANAGEMENT ZONES: 1. 3 - Encina Power Station only; project pipelines are also located in Zones 5, 6, 8, 13, 16, 17 and 18 GENERAL PLAN: Public Utilities (U) - Encina Power Station only ZONING: Public Utilities (P-U) - Encina Power Station only DEVELOPER'S NAME: Poseidon Resources (Channelside) LLC ADDRESS: Poseidon: 501 W. Broadway. Suite 2020. San Diego, CA 92101 PHONE NO.: Poseidon: (619) 595-7802: Cabrillo: (760) 710-2147 ASSESSOR'S PARCEL NO.: 210-010-41 and -43 (Encina Power Station only); delivery pipelines generally in streets QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): Desalination Plant site is approximately 5.7 acres and features miscellaneous buildings, facilities and pipelines both on and off the plant site but within the Encina Power Station. Water delivery pipelines extend from the plant and into Carlsbad and surrounding cities to connect to existing water systems. ESTIMATED COMPLETION DATE: 2012 Demand in Square Footage = N/A 18CFS B 120 A. City Administrative Facilities: B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) = 909 EDU max. D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided = I. Schools: (Demands to be determined by staff) J. Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = = 1 N/A CUSD 909 EDU max. 3A 10,246* *Project will produce approximately 50 million gallons per day of potable water; thus, no increased water demand results from this project. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which 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 chib, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city 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, title, 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-Eetar MocLaggan- Title /•JlnC A*v... ^^fcorp/Part Poseidon Resources J.LC- I ' Title Address : Address 501 W. Broadway. Suite 2020 San Diego, Ca 92101 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, include the names, title, 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 publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part Cabrillo Power I LLC Title Address Address 4600 Carlsbad Boulevard Carlsbad, Ca 92008 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 - (76O) 602-46OO • FAX (760) 6O2-8559 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/Trust Non Profit/Trust Title Title Address Address. Have you had more than $250- worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes 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 owner/date Keith Richards or Authorized Agent Print or type name of owner Signature of applicant/* Peter MacLaggan Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT SV98 Page 2 of 2 LATHAM&WATKINS^» July 31,2009 Scott Donnell City of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA 92008 600 West Broadway, Suite 1800 San Diego, California 92101-3375 Tel: +1.619.236.1234 Fax: +1.619.696.7419. www.lw.com /iC^" ^ ^5f FIRM /AFFILIATE OFFICES <£. Abu Dhabi Barcelona Brussels Chicago Doha Dubai Frankfurt Hamburg ' Hong Kong London Los Angeles Madrid Milan Moscow Munich '£} New Jersey fgj New York j £3 Orange CouhtjK Paris y^ Rome Vj;, ' *yta AOG !" A ^>> 1^3 wjit'.-1 •' '•••' '"*• • ^uj'vi'iX *vj j»'" •••;";.^IJ-"- .£}•w ;^ ^-' '^. /Cai«*si San Diego \<%« San Francisco \^i?oz;evf; Shanghai Silicon Valley Singapore Tokyo Washington, B.C. ^- — ' sry ^/ Re: Ownership Disclosure Statement To Whom It May Concern: We represent Poseidon Resources (Channelside) LLC concerning its recent applications. This letter is to clarify that the Applicant for the proposed amendments to these development permits is Poseidon Resources (Channelside) LLC. Poseidon Resources is represented in the Proj.ect by Mr. Peter MacLaggan. As noted on the Disclosure Statement, Poseidon Resources has indicated "N/A" in the line titled "person" because no individuals own more than 10% of the company shares. If you need additional information, please feel free to contact me. Sincerely, :opher W. Garrett (ATHAM & WATKINS LLP cc: Jan Driscoll SD\689274.1 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the pan of the City Cooncil 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, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and counry,- 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 Ihe • names, title, 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 Peter MacLaggan Coro/Part Poseidon Resources Title Title Address : Address 501 W. Broadway, Suite 2020 San Diego, Ca 92101 2. OWNER (Not the owner's agent) ' Provide the COMPLETED LEG Al, names and addresses of ALI^ 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, include the names, title, 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 corporarion. include the names, titles, and addresses of the corporate officers. (A separate page may be attached lif necessary.) Person, Title N Corp/Fart Cabrillo Power I LLC Title Address Address 4600 Carlsbad Boulevard Carlsbad, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 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 ^JNY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Proftt/Trust_ Title Address Non Profit/Trust Title _ ; Address_ 4. Have you had more than $250 worth of business transacted wi.th any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is Hue and correct to the best of my knowledge.. Signature of owner/date Keith Richards or Authorized Agent Print or type name of owner Signature of applicant/date Peter MacLaggan Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/9B Page 2 of 2 SIGNATURE ATTACHMENT Poseidon Resources ("Poseidon") applicant, has requested Cabrillo Power I, LLC ("Cabrillo") sign the Application required by the City of Carlsbad to undertake limited modifications to certain approvals for the purpose of modifying the site plan/footprint of Poseidon's desalination facility. Cabrillo is the fee landowner of Poseidon's proposed leasehold parcel and is signing the application as an accommodation to Poseidon and on the following terms and conditions: 1. By signing the application, Cabrillo is not authorizing any of the permits, approvals or actions to be re-opened for any modification other than for the purpose of the proposed modification of the site plan/footprint of the desalination facility. 2. By signing the application, Cabrillo is not consenting, directly or indirectly, in advance to any new or revised conditions, exactions or other changes to the underlying permits and approvals affecting Cabrillo directly or indirectly. 3. As the desalination site is within a secure area associated with the Encina Power Generating Station, it will be necessary to contact the undersigned in advance of any "inspection or entry" on Cabrillo's property per Section 25 of the Application. Please note, use the contact information and address set forth below for all communications. Thank you. 7 Dated: // Z) I S.0&? CABRILLO POWER I, LLC Name: fem* S. Title: Address: \B\~1 A^-nrtJ Ave 4= ( 04- Phone: 74o /O -