HomeMy WebLinkAbout2009-10-20; City Council; Resolution 2009-2631 RESOLUTION NO.2009-263
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA DECLARING ITS
3 INTENTION TO STUDY AND CONSIDER
4 AMENDMENTS TO THE GENERAL PLAN
DESIGNATION, ZONING ORDINANCES AND OTHER
5 LAND USE REGULATIONS PERTAINING TO THE
EXPANSION OR LOCATION OF THERMAL ELECTRIC
6 POWER GENERATION FACILITIES WITHIN THE CITY
7 WHEREAS, the San Diego Gas and Electric Company (SDG&E) initially
8 constructed the Encina Power Station (EPS) in approximately 1952 on a portion of the
9 95-acre EPS site; and
10 WHEREAS, the Public Utility (PU) Zone was established in 1971 and applied to
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the EPS and surrounding properties then owned by SDG&E; and
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WHEREAS, that zone has not been studied or substantially amended since that
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time; and
15 WHEREAS, in conformance with the PU Zone, a Specific Plan was adopted for
16 680-acres owned by SDG&E, including the EPS site; and
17 WHEREAS, in 1973 the City Council approved the amendment to the Specific
18 Plan to permit enlargement of the EPS including the construction of a 400 foot high
19 stack as a means of dispersing Power Station air emissions and reducing adverse
20 impacts on surrounding residential neighborhoods; and
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WHEREAS, the General Plan designation establishing a Public Utilities (U) land
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use classification was created in 1974 and subsequently applied to the EPS site; and
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WHEREAS, in 1975, the PU Zone was updated to require a Precise
25 Development Plan (PDP) rather than a Specific Plan for public utility uses; and
26 WHEREAS, the PDP for the EPS has been incorporated into Specific Plan 144
27 (SP) which includes the EPS and surrounding properties; and
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1 WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was adopted in 1982
2 which includes the properties then owned by SDG&E including the EPS site; and
3 WHEREAS, the LCP contains numerous regulations and restrictions which
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impact the EPS site and other properties within the LCP that may be impacted by uses
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at the EPS site including those regulations and restrictions related to public access, land
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use, building height, recreation, agriculture, aquaculture, visual impacts and uses of the
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lagoon; and
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WHERAS, since its adoption, the Agua Hedionda LCP has not been
10 comprehensively updated; and
11 WHEREAS, in 1999 SDG&E divested itself from its electric generation operations
12 and sold the EPS to a private operator, Cabrillo Power LLC, now known as the Carlsbad
13 Energy Center LLC (Applicant) which is not a "public utility" within the intended meaning
14 of the PL) Zone; and
WHEREAS, the sale of the EPS site to a private operator and the proposed
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expansion of the power plant have raised additional issues and public concerns
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including future restrictions on public access to Agua Hedionda Lagoon, maintenance
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dredging of the lagoon, the continuation of aquaculture and research at the lagoon,
2Q environmental clean-up and mitigation related to oil and fuel storage and usage, and
21 use of the site for power generation notwithstanding considerations of the public health,
22 safety, and general welfare, the proposed expansion of the Power Plant; and
23 WHEREAS, the City believes that it is necessary in order to protect the interests
of its citizens for the City staff to initiate a process to address the aforementioned issues
25 and concerns and to comprehensively study and consider updates to the regulation of
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existing and proposed thermal electric power generation facilities within the City; and
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1 WHEREAS, the City believes that it is necessary for this process to include
2 consideration of amendments to the existing Zoning and General Plan designations and
3 Local Coastal Plan provisions for existing and proposed thermal electric power
4 generation facilities including those for the EPS; and
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WHEREAS, these considerations should include whether the expansion or
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location of thermal electric power generation facilities in the Coastal Zone is in the best
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interest of the citizens of Carlsbad and whether that is the best, long-term use of the8
9 EPS site given its superior coastal location and proximity to other existing, surrounding
JO uses that can be adversely impacted by a thermal electric power generation facility; and
11 WHEREAS, since SDG&E sold the EPS to Cabrillo Power LLC, a private
12 operator, which is not a "public utility" regulated by the Public Utilities Commission, it
13 may no longer be appropriate or necessary to exempt the Encina Power Station from
14 the non-conforming use provisions of Carlsbad Municipal Code section 21.48.100, and
this zone code should be considered for amendment or repeal; and
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WHEREAS, these considerations are consistent with longstanding City Council
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policy, including those expressed in City Council Resolution 98-145, which declared the
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City's intention to comprehensively study land use policies within SP 144 and determine
20 appropriate revisions.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
22 Carlsbad, California as follows:
23 1. That the above recitations are true and correct.
24 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and
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Section 65358 of the State Government Code, the City Council of the City of Carlsbad
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declares its intention to consider amendments to the General Plan, the Zoning
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1 Ordinances, the Local Coastal Plan, and other regulations pertaining to the location and
2 operation of thermal electric power generation facilities within the City.
3. City staff is hereby directed to study this matter, prepare
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recommendations and to set public hearings before the Planning Commission, Housing
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and Redevelopment Commission and City Council to determine whether the present
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General Plan and Zoning designations and Local Coastal Plan provisions for existing
0 and proposed thermal electric power generation facilities within the City, including the
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9 EPS site, should be amended.
10 4. Part of the study may include preparing alternative land uses and a
11 "conceptual Master Plan" for the properties included in the EPS site and, at this time,
staff is authorized to solicit Requests for Qualifications (RFQ's) from consulting firms
13 that are interested in contracting with the City to assist staff in preparing said alternative
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uses for the EPS site.
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5. Staff is also directed to consider the repeal or amendments to Carlsbad16
Municipal Code section 21.48.100 regarding Public Utiltiy exemptions from the non-
18 conforming use provisions to the Zoning Ordinance, as appropriate.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 20^ day of October. 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE NT WOOD, City Clerk
(SEAL)