HomeMy WebLinkAbout2010-12-01; Planning Commission; Resolution 67391 PLANNING COMMISSION RESOLUTION NO. 6739
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP
4 144(K) ON PROPERTY GENERALLY LOCATED NORTH OF
CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
EAST OF THE 1-5 FREEWAY AND WEST OF FARADAY
6 AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: PROP D-CANNON ROAD AGRICULTURAL AND
7 OPEN SPACE LANDS
CASE NO.: SP 144(K)8
a WHEREAS, the City of Carlsbad has filed a verified application for zoning
10 and related land use document amendments necessary to implement Proposition D for the
11 Cannon Road Agriculture and Open Space Lands which affects properties within SP 144
12 as shown on Exhibit A; and
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WHEREAS, said verified application constitutes a request for a Specific Plan
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amendment, on file in the Carlsbad Planning Department, PROP D - CANNON ROAD
16 AGRICULTURAL AND OPEN SPACE LANDS as provided by SP 144(K) and Government
17 Code Section 65453; and
18 WHEREAS, the City Council adopted the Encina Specific Plan 144 on
19 August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly
20 development of 680 acres of land located generally east of the Pacific Ocean, south of the
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north shore of Agua Hedionda Lagoon, and north of Cannon Road; and
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WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that
24 any applicant of a proposed project within the specific plan be required to prepare a
25 comprehensive update of the specific plan; and
26 WHEREAS, SP 144(K) makes only minor text and graphic changes to the
27 Encina Specific Plan document, which are shown in strikcthrough to indicate words to be
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deleted and in underline to indicate words to be added, in order to fully implement
Proposition D and provide internal consistency between the various zoning and related
land use document amendments affected by the implementation of the Cannon Road
2 Agricultural and Open Space (CR-A/OS) Zone.
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WHEREAS, SP144(K) does not change any General Plan Land Use
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_ designations within the boundaries of the Specific Plan, any condition set forth by a
g previously approved Specific Plan amendment, nor does it propose any development; and
7 WHEREAS, SP 144 (K) is an action that is necessary to comply with City
o Council Resolution of Intention No 2008-269 to complete the process and achieve full
9 implementation of Proposition D on the Cannon Road Agriculture and Open Space Lands;
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and
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WHEREAS, the proposed PROP D - CANNON ROAD AGRICULTURAL
13 AND OPEN SPACE LANDS - SP 144(K) is set forth and attached in the draft City Council
14 Ordinance, Exhibit "X - SP 144(K)" dated, December 1, 2010, and attached hereto as PROP D
15 - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - SP 144(K); and
WHEREAS, the Planning Commission did, on December 1, 2010, hold a duly
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noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
20 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
21 relating to the Specific Plan amendment.
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
23 Commission of the City of Carlsbad as follows:
24 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
26 RECOMMENDS APPROVAL of PROP D - CANNON ROAD
2? AGRICULTURAL AND OPEN SPACE LANDS - SP 144(K) based on the
following findings:
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PCRESONO. 6739 -2-
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Findings:
The proposed development as described by the Specific Plan (SP 144(K)) is consistent
with the provisions of the General Plan and implements Policy and Action Plan C.I of
Special Planning Considerations - Cannon Road Open Space, Farming and Public
Use Corridor of the Land Use Element of the General Plan.
The proposed plan would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that the Specific Plan amendment reflects the
recommendations contained in the Final Report on Comprehensive Planning and
Community Engagement Process to Implement Proposition D for the Cannon Road
Agriculture and Open Space Lands, accepted by the City Council, and dated
September 23, 2008.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on December 1, 2010, by the
following vote, to wit:
Vice Chairperson L'Heureux, Commissioners Baker, Dominguez,
Montgomery, Nygaard and Schumacher
AYES:
NOES:
ABSENT:
ABSTAIN: Chairperson Douglas
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6739 -3-
Exhibit "X-SP 144(K)"
December 1, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 144(K) TO IMPLEMENT PROPOSITION D FOR
THE CANNON ROAD AGRICULTURAL AND OPEN SPACE
4 LANDS ON PROPERTY GENERALLY LOCATED NORTH OF
CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON,
5 EAST OF THE I-5 FREEWAY AND WEST OF FARADAY
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 13.
6 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND
OPEN SPACE LANDS
7 CASE NO.: SP 144(K)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Encina Specific Plan SP 144 was originally adopted by City
Council Ordinance No. 9279 on August 3, 1971 and has since been amended several times and
11 contains the rules and regulations for the orderly development of 680 acres of land; and
WHEREAS, the amendment is necessary to fully implement Proposition D for the
Cannon Road Agricultural and Open Space Lands which affects properties within SP 144; and
14 WHEREAS, the City Council of the City of Carlsbad has reviewed and
considered Specific Plan Amendment SP 144(K) for the Encina Specific Plan; and
WHEREAS, after procedures in accordance with requirements of law, the City
' Council has determined that the public interest indicates that said SP 144(K) be approved.
18 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
19 follows:
SECTION I: That SP 144(K), on file in the Planning Department, and
~, incorporated herein by reference, is adopted. SP 144(K) shall constitute the development plan
22 for the property and all development of the within the plan area shall conform to the plan.
SECTION II: That SP 144(K), as amended to date, and further amended by
24 Specific Plan Amendment SP 144 (K), dated December 1, 2010, is approved.
25 SECTION II: That SP 144(K) replaces text and revises Exhibit C in the Encina
26 Specific Plan SP 144, as shown on Attachment SP 144(K).
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1 SECTION IV: That the findings and conditions of the Planning Commission in
2 Planning Commission Resolution No. 6739 shall constitute the findings and conditions of the
3 City Council.
4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
6 published at least once in a publication of general circulation in the City of Carlsbad within
7 fifteen days after its adoption.
8 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
9 Council on the day of 2011, and thereafter.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the . day of 2011, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
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APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor12
ATTEST:
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LORRAINE M. WOOD, City Clerk
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Specific Plan Amendment SP 144 (K)
December 1. 2010
City of Carlsbad Specific Plan 144
Amended and Restated with Amendment 144JCIO, per
City of Carlsbad Ordinance No. , adopted on , 2011
City of Carlsbad Specific Plan 144
(as amended and restated by Ordinance No. with 144QCJ))
I. INTRODUCTION
A. PURPOSE
The purpose of this Specific Plan is to set forth the existing land uses
and land use regulations applicable to the area of Carlsbad which includes
the Agua Hedionda Lagoon and certain areas near the lagoon, including the
Encina Power Station.
Pursuant to Carlsbad City Council Ordinance _ Resolution xxxx
xxx, Ordinance No. CS 057the purpose of this amendment to Specific Plan
144, described as Specific Plan 144£K}J, is to:
i. _ Incorporate the provisions of Carlsbad Municipal Code (CMC)
Chapter 21.209 - Cannon Road Agricultural and Open Space
(CR-A/OS) Zone into Specific Plan 144.
2. Revise Exhibit C to identify lands within SP 144 which are
subject to "Proposition D - Preserve the Flower and Strawberry
Fields and Save Taxpayer's Money" and the Cannon Road
Agricultural/Open Space (CR-A/OS) Zone.Encinci Power Station
Precise Development Permit 00 02(B) (PDP 00 02(B)) into Specific
Plan 141 while
3. Mmaintainme the conditions and regulations of previous Specific Plan
Amendments A through HG.
B. HISTORY
Specific Plan 144 (SP 144) was originally adopted in City of Carlsbad
Ordinance 9279 on August 3, 1971. The purpose of the Specific Plan was to
provide rules and regulations for the orderly development of 680 acres of
land located East of the Pacific Ocean and South of the North Shore of the
Agua Hedionda Lagoon, and North of what is now Cannon Road, and provide
design and development guidelines for the expansion of the power plant,
then owned by San Diego Gas & Electric Company. The property covered by
the original Specific Plan 144 was described in Ordinance 9279 as:
A portion of Lot F of Rancho Agua Hedionda in the County of San Diego
and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of
Carlsbad, and a portion of Block "W" of Palisades No. 2, Map 1803 in the City
of Carlsbad, County of San Diego, State of California; also being parcel 6,
page 07, Book 206; Parcels 24,25,26, and 27, Page 01, Book 210; Parcel
21, Page 21, Book 211, and Parcel 14, page 01, Book 212, of the Assessor's
map of San Diego County, and more particularly described in application on
file in the Office of the City Planner,
As originally adopted, the Specific Plan placed 13 conditions of
development on the subject property and provided for methods of
enforcement.
On December 4, 1973 the Carlsbad City Council passed Amendment A
to Specific Plan 144 in Ordinance 9372 to allow for the construction of a 400-
foot stack and removal of the four existing stacks at the Encina Power
Station. This amendment became null and void one year later.
On May 4, 1976 Specific Plan 144 was amended again (Amendment B)
by the City Council's passage of Ordinance 9456 to permit the construction
of a single 400-foot stack at the Encina Power Station to replace the four
existing stacks. Amendment B provided a finding that "all conditions of City
Council Ordinance 9279 have been complied with and this amendment is
consistent with said ordinance and the provisions of the P-U zone."
Amendment B to Specific Plan 144 added condition 14 which created design,
development, and other requirements for the construction of the 400-foot
stack, the removal of the existing stacks, and operation of the power station.
Amendment B also provided an exemption to the 400-foot stack and duct
work and screening to the 35-foot height limit established by Condition
Number 5 of Ordinance 9279.
Amendment C of Specific Plan 144 was adopted on May 3, 1977 by
City Council Ordinance 9481 to allow for the construction of water treatment
facilities and a maintenance building at the Encina Power Station.
Amendment C added condition 15 regarding the development of the water
treatment facilities and the maintenance building and amended the map of
the specific plan area.
Between 1978 and 1993 three additional amendments to Specific Plan
144 were applied for and withdrawn by SDG&E for changes to the Encina
Power Station. Amendment D was proposed to allow connection of unit 5 to
the stack, but it was determined that the connection was already allowed
and so the amendment was not necessary. Amendment E proposed various
improvements to the facility, and Amendment F proposed the addition of a
green waste facility. Amendments D, E, and F were all withdrawn and were
not incorporated into the Specific Plan 144.
On January 16, 1996 the Carlsbad City Council adopted Ordinance IMS-
345 amending Specific Plan 144 (Amendment G) to remove 24.2 acres of
land from the Specific Plan area. The map of the Specific Plan area was
revised to reflect the removal of the acreage.
In 1999, SDG&E sold a significant portion of its holdings within Specific
Plan 144 to Cabrillo Power I LLC. Property sold included the Encina Power
Station and outer, middle, and inner basins of the Agua Hedionda Lagoon.
SDG&E retained ownership of much of the property within the Specific Plan,
including land east of Interstate 5 and along the lagoon's south and east
shore, the SDG&E construction and operations center located south of the
power station, and property along the lagoon's north shore west of
Interstate 5.
In 2006, Specific Plan 144(H) accommodated the Carlsbad Seawater
Desalination Plant in the Specific Plan and on the Encina Power Station site.
Specific Plan 144 (I) was submitted by Carlsbad Energy Center LLC as part
of their proposal for power regeneration onsite. This application is pending
and may be superseded by the California Energy Commission and related
procedures.
On September 22. 2009 the Carlsbad Citv Council adopted
Ordinance No. CS-057 approving Encina Specific Plan SP 144(3) to
incorporate Precise Development Plan PDP 00-02(6). for the Encina
Power Station and Carlsbad Seawater Desalination Plant.
C. PHYSICAL SETTING
The Specific Plan 144 (SP 144B area is generally bound by public
beach areas and the Pacific Ocean to the West, the North Shore of the Agua
Hedionda Lagoon on the North, and Cannon Road on the South. The east
end of the Specific Plan is bisected by Cannon Road and contains wetland
and upland areas east and south of the lagoon. A map showing the
boundaries of the Specific Plan 1443 area is shown as Exhibit A attached to
this document.
The SP 144 Specific Plan 144 J area incorporates the Agua Hedionda
Lagoon on the West and East sides of the 1-5 Freeway and includes
agricultural/open space land in the southeast, and the Encina Power
Station in the West. The 1-5 freeway bisects the Specific Plan area and the
AT&SP/North County Transit District Rail Corridor parallels the 1-5 Freeway
in the Western part of the Specific Plan area and bisects the Encina Power
Station. Additionally, Carlsbad Boulevard is located along and just inside the
west Specific Plan boundary and separates the Encina Power Station from
the Pacific Ocean. A small portion of the Specific Plan is located west of the
freeway and along the lagoon's north shore.
The Specific Plan Boundary is shown in Exhibit A. The distribution,
location and extent of the uses of the land, including open space within the
area covered by this Specific Plan, are shown in Exhibit B.
II. INFRASTRUCTURE
The Specific Plan area is generally characterized by the Agua
Hedionda Lagoon, Encina Power Station and agricultural land. The following
description provides the existing distribution, location, extent and intensity
of major components of public and private transportation, sewage, water,
drainage and solid waste disposal, energy, and other essential facilities
located within the area covered by the plan, and which support the existing
land uses described in the plan. PDP 00-02 (B), referenced in this Specific
Plan, provides information on the Carlsbad Seawater Desalination Project
and associated infrastructure, which were arc proposed to be approved
concurrently with amendment 144(J) to this Specific Plan. PDP 00-02(B)
also provides details regarding the existing Encina Power Station.
The desalination project is located on the grounds of the Encina
Power Station. Related infrastructure includes conveyance pipelines to carry
desalinated water offsite of the power station (and thus outside the
boundaries of the PDP and Specific Plan) and into surrounding communities.
A portion of the different alignments for the pipelines would cross land within
Specific Plan 144 south and east of the power station and east of Interstate
5. Since these offsite pipelines are not located within the PDP, they are
subject to different permit requirements.
Other than the infrastructure contemplated in PDP 00-02(B) and
other permits related to the Carlsbad Seawater Desalination Project and not
yet constructed, and any infrastructure referenced in the previously
approved Local Facilities Management Plan described below, there are no
other planned or approved, but as yet unbuilt, changes or additions to
infrastructure facilities in the Specific Plan area. Because additional growth
and development within the Specific Plan area is not proposed, there are no
further infrastructure plans proposed to support any development of any
existing undeveloped or open space areas within the Specific Plan.
Major infrastructure elements in the Specific Plan area include
electrical transmission lines emanating from the Encina Power Station and
which extend across the Specific Plan area to the East, the 1-5 freeway, the
AT&SP/North County Transit District Rail tracks, Cannon Road and Carlsbad
Boulevard. The power plant is served by general water and wastewater
facilities that service the greater Carlsbad area.
There are sewer and water lines and a gas main located within the
Cannon Road right-of-way. A gas main and sewer force main also extend
along the AT&SP/North County Transit District Rail tracks. Other public
rights of way in the Specific Plan, such as Cannon Road and Carlsbad
Boulevard, support additional infrastructure.
As part of its Growth Management Program, the City of Carlsbad
adopted the 1986 Citywide Facilities and Improvement Plan in order to
implement the City's General Plan and Zoning Ordinance. This plan ensures
that development does not occur unless adequate public facilities and
services exist or will be provided concurrent with new development. A Local
Facility Management Plan (LFMP) has been adopted for all but one of the
25 Facility Zones within the City. The SP 144 Specific Plan 144J area is
located within Zone 1, Zone 3 and Zone 13, for which the City has adopted
LFMPs. Consistent with the Citywide Plan, each plan contains performance
standards (i.e., thresholds) for public facilities and services. This provides
the City with quantitative guidance as to whether or not a project will be in
conformance with adequate public facility and service provision thresholds.
Therefore, projects within the City of Carlsbad are subject to thresholds for
circulation, city administrative facilities, fire, schools, libraries, park and
recreation resources, open space, wastewater treatment capacity, sewer
collection system, drainage/storm water system and water distribution. This
Specific Plan incorporates by reference the LFMPs for those parts of the
Specific Plan area that fall within Zone 1, Zone 3 and Zone 13.
There are no present proposals for additional development in the
Specific Plan area 1413 and therefore there will be no additional need for
infrastructure facilities at this time beyond those required for the
development in the PDP 00-02(B) area. PDP 00-02(B) is consistent with the
LFMP for Zone 1 and Zone 3, and infrastructure within the PDP 00-02(B)
area will be subject to requirements of PDP 00-02(6).
III. DEVELOPMENT STANDARDS
Generally, the development standards in this Specific Plan are the
same as the standards contained in the City of Carlsbad General Plan. This
Specific Plan provides for the same Utility, Travel/Recreation Commercial,
Residential High Density, and Open Space designations as are indicated in
the Carlsbad General Plan as shown in Exhibit B attached to this document.
Further, development standards for the Encina Power Station are contained
in POP 00-02(8).
At this time, there is no additional development proposed for the
lagoon or agricultural/open space areas of Specific Plan 144^. No
regulations for development of these areas ore included in this Specific
for the development of the agricultural and open
space areas are included in this Specific Plan and in CMC Chapter
21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone,
incorporated herein bv reference.
Standards and conditions for the Encina Power Station required as
part of the original Specific Plan and Amendments A-G are indicated below.
Items 1-13 were found to be complied with in the findings of City of
Carlsbad Ordinance 9456. Any development proposed outside the PDP 00-
02(B) portion of this Specific Plan 144{J) will require an amendment to this
Specific Plan. Any additional development within the PDP 00-02(6) area will
not require an amendment to this Specific Plan unless it is considered a
"formal amendment" as described in PDP 00-02(B).
Specific Plan Amendments 144fA-H. JG) established the following
standards and requirements, (some of which have been satisfied as of the
date of Specific Plan 144(KJ)):
1. That the granting of the requested zoning shall be
subject to the remainder of the San Diego Gas and
Electric property (portion Lot"F") being annexed to the
City of Carlsbad. Also that the area designated on the
Specific Plan as "Site of Future Power Plant," east of the
freeway, be subject to Specific Plan approval at a later
date.
2. All developments within the public utility zone shall be
within the conditions specified therein and following.
3. Details concerning the leasing of park lands shall be
agreed upon between San Diego Gas and Electric
Company and the City within one year after the City has
approved final rezoning. Location of baseball little
league park and other athletic facilities shall be subject
to specific plan approval at the earliest practicable date,
it being understood that the present proposed location
thereof is disapproved.
4. All buildings shall be subject to architectural review as
prescribed in Ordinance No. 9268 prior to issuance of a
building permit to assure a maximum amount of design
compatibility with the neighborhood and existing
facilities.
5. 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.
6. All fuel storage tanks shall be recessed and used for
those oils which, upon being consumed, shall not have a
sulfur content exceeding .50 percent; being that
percentage commonly associated with the term "low
sulfur fuel oil."
7. Landscape and irrigation plans prepared by a registered
landscape architect shall be submitted in conformance
with Ordinance No. 9268 for the screening of existing
facilities. Plans shall be submitted within two years and
must provide a schedule for installation.
8. That the proposed site for a future power generating
facility on the East side of Interstate 5 shall be planned
so as to be compatible with the present facility. The
facilities shall meet the requirements of the State and
Federal regulations and shall be environmentally
compatible with the City of Carlsbad.
9. All signs shall be in conformance with City ordinances
within 90 days.
10. Exterior lighting shall be oriented so that adjacent
properties shall be screened from glare or a direct light
source.
11. Prior to any construction, detailed plans shall be
submitted to the City of Carlsbad Fire Department to
assure:
a) Necessary fire protection requirements.
b) Suitable access roads for fire fighting purposes.
c) Necessary yard mains and fire hydrants.
d) Other fire protection devices or appliances deemed
necessary.
12. That the applicant dedicate right-of-way for that portion
of the width of Cannon Road (102' R/W) which falls
within the applicant's property East of 1-5. The
alignment shall be subject to the approval of the City
Engineer and Planning Director.
13. That the following conditions of public improvements for
Cannon Road and Carlsbad Boulevard be complied with:
A. Carlsbad Boulevard.
1) Construct street improvements including curb,
gutter, sidewalks, street lights and up to 20 feet of paving
along each side where SDG&E property has frontage,
excepting public beaches and property dedicated for public
parks. Construction may be deferred until mutually
agreeable to the City and the Company except that the
safety of the driving and walking public will be considered.
The improvements may be financed by assessment
district.
B. Cannon Road.
1) Construct full street improvements for Vz street
from Carlsbad Boulevard to a point approximately 600 feet
easterly of 1-5 along frontage owned by SDG&E, timing to
be subject to approval of City, but in any event not before
development of property adjoining the south side of
Cannon Road or the institution of an assessment district.
2) Dedicate full right of way (102 feet) for that
portion of Cannon Road easterly of 1-5 which falls within
SDG&E property.
3) Construction of improvements easterly of B-l
may be deferred until property easterly of 1-5 is
developed. Agreement on grade development and
spreading of construction cost shall be mutually agreeable
to the City and the Company. The City policy for
improvement of such streets shall be considered.
C. Access roads shall be subject to City approval.
14. In addition to the above conditions, the revised portions
of the specific plan which permit the construction of the
400-foot stack and the removal of the four existing
stacks shall be accomplished in accord with the revised
specific plan SP-144B and shall be subject to the
following conditions:
(A) All applicable requirements of any law, ordinance or
regulations of the State of California, City of Carlsbad, and
any other governmental entity shall be complied with.
(B) All ground lighting shall be arranged to reflect away
from adjoining properties and streets.
(C) Any mechanical and/or electrical equipment to be
located on the roof of the structure shall be screened in a
manner acceptable to the Planning Director. Detailed
plans for said screening shall be submitted, in triplicate, to
the Planning Director for approval.
(D) Air pollution equipment capable of monitoring
ambient particulates, NOx and S02 concentrations and
other emissions from the Encina Plant as well as air
quality in the Carlsbad area shall be placed in service not
later than six months following the effective date of this
ordinance. The number of stations, type of equipment and
location of stations shall be to the satisfaction of the APCD
Control Officer and the City of Carlsbad. Should the Air
Pollution Control Officer of the San Diego County Air
Pollution Control District require additional air quality or
emissions monitoring equipment and funds for air quality
analysis in connection with their current study of emissions
from the Encina Power Plant, the applicant shall supply
said equipment and funds as deemed necessary by the Air
Pollution Control Officer. The cost of said equipment shall
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not exceed $150,000. The requested funds for air quality
analysis shall not exceed $50,000 per year.
(E) Any future measure required by the San Diego
County Air Pollution Control District to lessen or otherwise
control emissions from the Encina Power Plant are hereby
incorporated as a part of this Specific Plan Amendment and
SDG&.E shall comply fully therewith. The costs of such
measures shall be borne by SDG&E.
(F) SDG&E will obtain a report of compliance from the
City staff regarding the conditions of this ordinance and
from the San Diego County Air Pollution Control Officer
regarding compliance with the applicable conditions of the
ordinance and with air quality standards, and forward it to
the City Council five years from the date of this ordinance
or as otherwise required by motion of the City Council, or
the Planning Commission. The Planning Commission and
City Council shall review the report with regard to
conformance to the conditions of this ordinance and to
regulations required by other applicable regulatory
agencies, including, but not limited to, the San Diego
County Air Pollution Control District, Public Utilities
Commission and State Coastal Commission. The City
reserves the right to amend this specific plan SP-144B as
necessary to add conditions to ensure such compliance.
After the initial report is filed the City Council may, by
motion, require additional reports as they deem necessary.
(G) In the event that the City of Carlsbad determines
that the 400-foot stack is no longer necessary as a method
of air emission dispersion, the 400-foot stack shall be
removed at the applicant's expenses. The applicant may
request an amendment to this specific plan to provide a
reasonable extension of the period for such removal.
(H) The applicant shall make a formal commitment to
conduct the studies necessary to determine what operating
practices and/or emissions control devices are capable of
eliminating the particulate "fallout" problem. A schedule
for the completion of the studies shall be established
which is satisfactory to the San Diego County Air Pollution
Control District Officer, the Air Pollution Control District
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Hearing Board or Court of Law. SDG&E shall fully comply
with the abatement order entered in petition No. 607.
The applicant shall further agree to pay claims for property
damage resulting from the "fallout" problem until
compliance with the abatement order is achieved.
The particulate "fallout" problem shall be controlled to the
satisfaction of the City Council of the City of Carlsbad and
of the Air Pollution Control Officer prior to the final building
permit clearance for Encina 5 and the single stack.
(I) Not later than eight months after the Building
Inspector signs the final inspection for the 400-foot stack,
the four stacks on the existing Encina Power Plant shall
be completely removed.
(J) SDG&E shall file an annual report with the City
Council regarding improvements in plant and operating
procedures during the preceding year which reduce the
emission of air pollutants resulting from the operation of
Encina Units 1, 2, 3 and 4.
(K) SDG&E shall operate the plant in full compliance with
all air quality standards as are or may be established by
the APCD. If the monitoring stations indicate the
standards are being exceeded at any time, SDG&E shall
comply with all directions of APCD to reduce, through any
reasonable means, pollutants from the plant.
(L) In the event SDG&E files for a variance or other form
of administrative or legal relief from the requirements of
APCD, they shall concurrently forward a copy of any such
filing, or any subsequent communications in connection
therewith, to the City of Carlsbad.
15. In addition to the above conditions, the revised portions
of the specific plan which permits the construction of
water treatment facilities and a maintenance building
shall be accomplished in accord with the revised specific
plan SP-144(C) and the plot plan marked Exhibit A,
dated January 31, 1977, attached hereto and made a
part hereof, and shall be subject to the following
conditions:
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A. The water treatment ponds shall be constructed and
maintained to the following standards to minimize the
likelihood of the ponds serving as mosquito breeding
sources:
1. Confine standing water impoundment to as
small an area as possible.
2. All pond areas shall be lined with a nonporous
material acceptable to the City Engineer.
3. Maintain a removal program of dense aquatic
vegetation, such as cattails, bulrush, tule,
pondweed, etc.
4. Maintain a mosquito fish (Gambusia affinis)
population, as necessary.
5. Maintain routine (weekly) inspections of water
impoundments to detect mosquito breeding.
6. Abate any mosquito breeding, as it is detected.
B. Prior to the issuance of building permits for the
maintenance building, the applicant shall submit a plot
plan to the Planning Director for review and approval
showing which existing shops and storage activities are to
be removed and consolidated into the new structure.
Standards and criteria by which development will proceed at the
Encina Power Station are set forth in PDP 00-02 (B) (adopted concurrently
with Specific Plan amendment 144(J)) and are hereby incorporated into this
document by reference. The P-U zoning district, Zoning Ordinance Chapter
21.36, is the primary source of the standards and conditions established
within PDP 00-02 (B). Other standards and conditions in PDP 00-02 (B)
originate from related regulations and documents discussed in Chapter III of
PDP 00-02 (B).
As described in PDP 00-02 (B), any formal amendments to PDP 00-
02 (B) will be incorporated into the Specific Plan 144 and will require an
amendment to this Specific Plan.
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Other land use regulations applicable to Specific Plan 144 include the
following:
• The Agua Hedionda Land Use Plan. Specific Plan 144 is entirely
within the boundaries of the Agua Hedionda Land Use Plan,
which is part of the City's Local Coastal Program,
• The South Carlsbad Coastal Redevelopment Plan (SCCRP). The
SCCRP encompasses within its boundaries the western half of
Specific Plan 144, including a portion of the agricultural land
east of 1-5 and the majority of the area west of 1-5 (including
the Encina Power Station).
• The Cannon Road Agricultural/Open Space Zone (CMC
Chapter 21.209). A portion of the SP 144 area east of
1-5 is included in the Cannon Road Agricultural/Open
Space (CR-A/OS^ Zone and all development and uses in
this portion of the Specific Plan shall be subject to the
provisions of that zone.
Furthermore, Specific Plan requirements shall not be required of, or
applied to, uses regulated by the California Public Utilities Commission
(CPUC).
IV. IMPLEMENTATION
Specific Plan Amendment 144(J) authorizes ho new development in
the Specific Plan area over and above that allowed by Precise Development
Plan 00-02(8). The City of Carlsbad has instituted zoning regulations for the
area covered by Specific Plan 144£JJ. In the future, any amendment to the
Carlsbad Zoning Ordinance affecting an area covered by this Specific Plan
will require zoning to be consistent with this Specific Plan per Government
Code section 65455.
V. RELATIONSHIP TO THE GENERAL PLAN
The Specific Plan 144J SP 144 incorporates the Carlsbad General
Plan land use designations for the area covered by the Specific Plan 144J.
The Specific Plan is therefore consistent with the General Plan as shown in
Exhibit B attached to this document. It should be noted that zoning of
certain areas covered by SP 144Spccific Plan H 4J is not consistent with
General Plan land use designations shown in Exhibit C attached to this
document.
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The General Plan for the City of Carlsbad designates the land
contained in the SP 144SDceific Plan 144J area as RH "Residential High
Density," U "Public Utility," OS "Open Space," and T-R "Travel/Recreation
Commercial." The Encina Power Station is designated U and the majority of
the remaining Specific Plan area is designated OS. The General Plan states
that the Utility designation's "primary functions include such things as the
generation of electrical energy, treatment of waste water, and operating
facilities, or other primary utility functions designed to serve all or a
substantial portion of the community."
The Specific Plan provides regulations for the development of the
Encina Power Station which provides "generation of electrical energy," and
incorporates the POP 00-02(B). The PDP serves as a permit for the Carlsbad
Seawater Desalination Project, which would provide "primary utility functions
designed to serve all or a substantial portion of the community," by
augmenting potable drinking water supplies for the City of Carlsbad. Thus,
the power station and desalination plant are uses consistent with the
provisions of the General Plan. Other than the desalination plant, Specific
Plan 144(J) authorizes no additional development.
Additional areas covered by SP 144Spccific Plon :M4J include the
Agua Hedionda Lagoon, property along the north shore of the lagoon and
west of Interstate 5, the agricultural/open space area East of the 1-5
freeway along the lagoon's south shore, and wetland and upland areas at
the east end of the lagoon on either side of Cannon Road. The majority of
these additional areas Isare designated Open Space. SP 144fK) includes
a revision to Exhibit C to identify iands within SP 144 which are
subject to "Proposition D - Preserve the Flower and Strawberry
Fields and Save Taxpayer's Money" and the Cannon Road
Agricultural/Open Space (CR-A/OS) Zone. The specific plan does not
provide for any new development to occur in these areas, which besides
Open Space are designated as Travel/Recreation Commercial, and
Residential High Density. In doing so, the Specific Plan maintains
consistency with and enables implementation of the goals of the Land Use
and Open Space Elements of the Carlsbad General Plan.
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Zoning:
OS Open Space
P-U Public Utility
R-A-10000 Residential-Agricultural Zone
CR-A/OS Cannon Road Agricultural/Open Space Zone
Precise Development Planning Area
Cannon Road Agricultural/Open Space Zone pursuant to Proposition "D
Preserve the Flower and Strawberry Fields and Save Taxpayer's Money
J:\Requests\Planning\4175279_O9 Specific Plan 144{H}
Zoning Map
Exhibit C