1 PLANNING COMMISSION RESOLUTION NO. 6092 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 0-1 TO ALLOW THE INSTALLATION OF UNDERGROUND PIPELINES TO 5 CONVEY DESALINATED WATER ALONG VARIOUS ALIGNMENTS IN THE MELLO II SEGMENT OF THE LOCAL 6 COASTAL PROGRAM AND NORTH OF PALOMAR AIRPORT ROAD AND IN LOCAL FACILITIES 7 MANAGEMENT ZONES 3, 5, 8, AND 13. CASE NAME: PRECISE DEVELOPMENT PLAN AND 8 DESALINATION PLANT 9 CASE NO.: CDP 0-1 WHEREAS, Poseidon Resources (Channelside) LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by various owners, 12 "Owners," described as 13 Properties and rights of way generally between Agua 1 Hedionda Lagoon, Palomar Airport Road, Avenida Encinas, _ and McClellan-Palomar Airport including (1) along portions of or crossings of streets, including Armada Drive, Avenida 16 Encinas, Cannon Road, Car Country Drive, Fleet Street, Legoland Drive, Palomar Point Way, and Paseo Del Norte; and 17 (2) properties identified by Assessor's Parcel Numbers 211-021-13, 211-023-11, 211-022-26, 211-0-02, 211-0-13, 18 211-0-11, 211-023-13, 211-0-1, 211-023-12, 208-186-0, 19 208-186-05, and 212-120-33 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 22 23 2 j Development Permit for pipelines as shown on the attached Exhibit "CDP 0-1 Pipeline Exhibit," dated May 3, 2006, and as shown and described in the Final Environmental Impact Report (EIR 03-05) dated December 2005, on file in the Planning Department, PRECISE 26 DEVELOPMENT PLAN AND DESALINATION PLANT - CDP 0-1 as provided by 27 Chapter 21.201.00 of the Carlsbad Municipal Code; and
2 3 WHEREAS, CDP 0-1 applies only to those pipelines proposed in the Mello II segment of the City's Local Coastal Program and not to pipelines proposed in the Agua Hedionda Lagoon segment or outside of the Coastal Zone; and 5 WHEREAS, the Planning Commission did, on the 3rd day of May 2006, hold a 6 duly noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony g and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the CDP. NOW, THEREFORE, BE FT HEREBY RESOLVED by the Planning 12 Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. 1 B) That based on the evidence presented at the public hearing, the Commission 15 APPROVES PRECISE DEVELOPMENT PLAN AND DESALINATION PLANT - CDP 0-1 based on the following findings and subject to the 16 following conditions: 17 Findings; 18 1. That the proposed development is in conformance with the Mello II Certified Local 19 Coastal Program and all applicable policies in that the proposed project is consistent with, or otherwise implements, the following Mello IILCP policies: 20 a. Policy 2-6 - City Support of Efficient Agricultural Water Usage: "The City 21 will take measures to reduce the reliance of agricultural users on imported 22 water." This project provides the city and region with an innovative and alternative source of water that does not rely on imported water. While 23 reclaimed water will also serve non-agricultural users, the fact that another source of water will be available to the various water users in the city that is 2 not part of imported water supplies, makes this project consistent with this coastal policy. b. Policy 3-1 - Carlsbad Habitat Management Plan: "The Carlsbad Habitat 26 Management Plan is a comprehensive, citywide program to identify how the City, in cooperation with federal and state agencies, can preserve the 27 diversity of habitat and protect sensitive biological resources within the city and the Coastal zone." This project is in compliance with the provisions of the HMP, as outlined in EIR 03-05 and also as reflected in the findings for Planning Commission Resolution No. 609 approving HMPP 05-08. PC RESO NO. 6092-2-
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 2 of the Coastal Act in that project pipelines will be installed underground and, therefore, will not impact public access opportunities nor recreational resources. 3 3. That the project is consistent with the provisions of the Coastal Resource Protection e Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and the Jurisdictional 6 Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Steep slopes with native vegetation will not be impacted since pipelines are proposed for city rights-of-way in gently sloping areas without sensitive habitat, or via trenchless drilling construction methods as outlined in EIR 03-05. Further, only the project's underground pipelines are proposed for 9 installation in Cannon Road where it crosses floodplain boundaries and, therefore, would not contribute to flooding impacts.. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated May 3, 2006, including, but not limited to that the installation of a pipeline is consistent with the Land Use Element of the General Plan in that the 13 pipeline is allowed in all General Plan land use designations. The project is consistent with the Citywide Facilities and Improvements Plan, the Local, - Facilities Management Plan for Zones 3, 5, 8, and 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 16 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 17 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, the proposed pipelines do not generate any facility plan improvement 19 requirements or funding. 20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, hi this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of permits or improvement plan approvals. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 27 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the PC RESO NO. 6092-3-
property title; institute and prosecute litigation to compel their compliance with said 2 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit 3 other than those described in the Development Agreement (DA 05-01). 2. Staff is authorized and directed to make, or require the Developer to make, all corrections «- and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of improvement plan approval or permit issuance and 9 consistent with the Development Agreement (DA 05-01).. This approval is granted subject to the certification, adoption, and approval of the Environmental Impact Report (EIR 03-05) and Mitigation Monitoring and Reporting 11 Program, PDF 00-02, SP 1(H), DA 05-01, RP 05-12, SUP 05-0, and HMPP 05-08, 12 and is subject to all conditions contained in Planning Commission Resolutions No. 6087, 6088, 6089,6090, 6091, 6093 and 609 for those other approvals incorporated herein by 13 reference. 1 5. Approval is granted for Coastal Development Permit CDP 0-1 as shown and, 5 described in the Final Environmental Impact Report 03-05, dated December 2005, on file in the Planning Department and incorporated herein by reference. Development 16 shall occur substantially as shown and described unless otherwise noted in these conditions. 17 6. Those portions of the desalinated water conveyance pipelines located within the City of Carlsbad but outside of the City's coastal zone are not approved as part of this 19 permit and are subject to future permits by the City of Carlsbad, and will be subject to the requirements of the Carlsbad Municipal Code. 20 7. The approval shall become null and void if the project does not become operational within years of the final discretionary approval, including the discretionary 22 approvals of the California Coastal Commission or other agencies, as may be consistent with the Development Agreement (DA 05-01). 23 8. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and _, representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 26 r indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 27 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation PC RESO NO. 6092 --
survives until all legal proceedings have been concluded and continues even if the City's 2 approval is not validated. 3 9. Developer shall implement, or cause the implementation of, the EIR 03-05 Project Mitigation Monitoring and Reporting Program. *. Prior to installation of any pipeline, the Developer must comply with the requirements of the City of Carlsbad and all regulatory agencies having jurisdiction over the project 6 and any mitigation requirements of the environmental documents for the project and as consistent with the Development Agreement (DA 05-01). 7 8 Code Reminders 13 1 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein and except as may be modified by the provisions of Development Agreement (DA 05-01). NOTICE 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 16 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If ig y u protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 19 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 20 annul their imposition. 21 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 22 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 23 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 25 26 27 PC RESO NO. 6092-5-
1 2 3 5 6 7 8 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of May 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Montgomery, Commissioners Baker, Cardosa, Heineman, Segall, and Whitton Commissioner Dominguez 11 12 13 1 15 16 17 18 19 MARTELL B. MONTfcOMER^hairperson CARLSBAD PLANNING COMMISSION ATTEST: ESCOBAR-ECK Planning Director 20 21 22 23 2 25 26 27 PC RESO NO. 6092-6-
CDP 0-1 Pipeline'Exhibit -< Ma^S, 2006 Legend I J Mello II Segment Agua Hedionda Land Use Plan /Deferred Certification Pipelines Desalination Plant \ " 0 1,000 2,000