HomeMy WebLinkAbout1998-05-12; City Council; Resolution 98-145,
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CITY COUNCIL RESOLUTION OF INTENTION NO. 98-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
TO STUDY AND CONSIDER AMENDMENTS TO THE
GENERAL PLAN, ZONING DESIGNATIONS AND THE
ZONING ORDINANCES PERTAINING TO THE ENCINA
POWER PLANT AND SURROUNDING PROPERTIES
PRESENTLY UNDER THE OWNERSHIP OF THE SAN
DIEGO GAS AND ELECTRIC COMPANY
WHEREAS, the San Diego Gas and Electric Company (SDGBE) initiz
constructed the Encina Power Plant in approximately 1952; and
WHEREAS, the Public Utility (PU) Zone was established in 1971 a
applied to the Encina Power Plant and surrounding properties owned by SDG&E; and
WHEREAS, in conformance with the PU Zone, a Specific Plan w
adopted for the 680 acre SDG&E ownership including the Power Plant site; and
WHEREAS, the General Plan designation establishing a Public Utiliti
(U) land use classification was created in 1974 and subsequently applied to the Enci
Power Plant; and
WHEREAS, in 1973 the City Council approved an amendment to tl
Specific Plan to permit enlargement of the Power Plant including the construction 01
400 foot high stack as a means of dispersing Power Plant air emissions and reducir
adverse impacts on surrounding residential neighborhoods; and
WHEREAS, the amended Specific Plan required notice and pub
hearings for any subsequent changes to the Plan; and
WHEREAS, there have been a number of changes made at the Pow
Plant without notice and hearings including a fuel tank installation in 1975, a two-sto
50’x16’ control room in 1977, the relocation of a maintenance building, expansion of
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switching substation and driveway in 1980, the expansion of a distribution substation
1982, the addition of a 6,168 square foot administration building in 1984, t
remodeling of the electric shop in 1985, addition of a storeroom and repair facility
1986, the construction of a 24’ x 40’ pipe storage shed in 1986, the construction o
30’ x 30’ metal paint shop in 1986, the addition of numerous microwave dishes a
radio antenna attached to the stack, and the addition of temporary office trailers; and
WHEREAS, SDG&E was informed that any future modifications, changc
amendments or additions to its plant would require a complete major amendment to t
specific plan processed in accordance with Chapter 21.36 of the Carlsbad Municir
Code, and at that time, the cumulative impact of all previous changes would
considered and an analysis would be made as to whether any conditions are necessi
to address those cumulative impacts; and
WHEREAS, in 1975, the PU Zone was updated to require a Preci
Development Plan (PDP) rather that a Specific Plan for public utility uses; and
WHEREAS, SDG&E has been informed that a Precise Development PI
is needed for the Power Plant site; and
WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was adopted
1982 which includes the properties owned by SDG&E including the Encina Power PI;
site; and
WHEREAS, the LCP contains numerous regulations and restrictio
which impact the SDG&E properties and the Power Plant including public access, la
use, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon; and
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WHEREAS, the existing Specific Plan for the SDG&E properties does n
address the regulations and restrictions of the LCP; and
WHEREAS, the City applied to the Coastal Commission to obtain effectil
certification for the Agua Hedionda LCP but was requested by SDG&E to withdraw tl
application which the city subsequently did based upon a commitment by SDG&E tha‘
would update its Specific Plan and bring the Power Plant site into conformance with tl
Site Development Plan (“Plan”) requirements contained in Chapter 21. 36 of ti
Carlsbad Municipal Code; and
WHEREAS, SDG&E did not follow through on its commitment regardil
the LCP; and
WHEREAS, the Zoning designations on the SDG&E properties are not
strict conformance with the General Plan designations on the properties in that portio
of the properties are zoned Public Utility (PU) but are designated on the General PIl
for Open Space (OS) or TraveVRecreational Commercial (TR) use; and
WHEREAS, because of the aforementioned occurrences and unresolvl
issues, the city has requested of SDG&E on numerous occasions that it prepare
comprehensive, updated Plan for the existing and future use and development of
property; and
WHEREAS, despite numerous verbal agreements to do an updated PI:
SDG&E has not come forward with a formal proposal, work program or timeline
initiating a process to update its Pian and address outstanding concerns and issu(
and
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WHEREAS, SDG&E has now informed the city that it is mandated by tl
courts to divest itself from its electric generating operations and facilities and h,
applied to the California Public Utilities Commission for permission to sell the Encil
Power Plant to a private operator without addressing or agreeing to address tl
aforementioned issues regarding outdated plans, land use inconsistencies, coas
concerns and unfulfilled commitments; and
WHEREAS, the sale of the Power Plant site to a private operator rais,
additional issues and public concerns including future restrictions on public access
the Agua Hedionda Lagoon, future dredging of the lagoon, restrictions on the use of tl
site to only industrial or power generation notwithstanding consideration of the pub
health, safety or general welfare, the disposition of Cannon Park, proposed futu
changes of land use, the continuation of aquaculture and research at the lagoon, bea
area improvements, environmental clean-up and mitigation related to oil and fl
storage and usage; and
WHEREAS, the city believes that it is necessary in order to protect tl
interests of its citizens for the city staff to initiate a process to address t
aforementioned issues and concerns and to study and consider a comprehensij
updated plan for the SDG&E properties including the Encina Power Plant site; and
WHEREAS, the city believes that it is necessary for this process
include consideration of amendments to the existing Zoning and General PI
designations of the SDG&E properties; and
WHEREAS, these considerations should include whether the continu
use of a portion of the property for a Power Plant is in the best interest of the citizens
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Carlsbad and is the best, long-term use of the property given its superior coas
location and its proximity to other existing, surrounding uses that can be adverse
impacted by Power Plant use; and
WHEREAS, since SDG&E intends to sell the Encina Power Plant to
private operator, Section 21.48.100 of the Carlsbad Municipal Code which exemr
Public Utilities from certain non-conforming use provisions of the Zoning Ordinance mi
no longer be appropriate or necessary and this code section should be considered 1
amendment or repeal.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
the City of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code a1
Section 65358 of the State Government Code, the City Council of the City of Carlsbz
declares its intention to consider amendments to the General Plan and the Zonir
Ordinance as it pertains to the Encina Power Plant and the surrounding properties nc
under the ownership of the San Diego Gas and Electric Company (SDG&E) as shov
on the attached location map and labeled Exhibit “A.
3. City staff is hereby directed to study this matter, prepa
recommendations and to set public hearings before the Planning Commission and Ci
Council to determine whether the present General Plan and Zoning designations for tl
SDG&E property including the Power Plant site should be amended.
4. Part of the study may include preparing alternative land uses and
“conceptual Master Plan’’ for the properties including the Encina Power Plant site an
at this time, staff is authorized to solicit Requests for Qualifications (RFQs) fro
consulting firms that are interested in contracting with the city to assist staff in preparir
said alternative uses for the Power Plant site.
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LOCATION MAP
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SDG&E PROPERTIES
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