HomeMy WebLinkAbout2011-02-02; Planning Commission; Resolution 67551 PLANNING COMMISSION RESOLUTION NO. 6755
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF THE AMENDED ENCINA SPECIFIC PLAN
4 144 WITH AMENDMENT 144(L) TO INCORPORATE
AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR
THE SEWER LIFT STATION AND ASSOCIATED PIPING ON
6 PROPERTY LOCATED NORTH OF CANNON ROAD, SOUTH
OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD
7 BOULEVARD AND WEST OF INTERSTATE 5 AND IN
LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3.
8 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
9 FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT
10 CASE NO.: SP 144 (L)
11 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified
12 application with the City of Carlsbad regarding property described as
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Approximately 500-feet south of Chinquapin Avenue
14 immediately east of the Burlington Northern Santa Fe (BNSF)
railroad tracks, within the railroad right-of-way, and
extending south to Cannon Road through portions of the
, f properties identified by Assessor's Parcel Numbers 210-010-09,
210-010-10, 210-010-26, 210-010-41 and 210-010-42
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Specific Plan
2Q amendment, on file in the Carlsbad Planning Department, and as set forth and attached in the
21 draft City Council Ordinance, "Exhibit "A" - "Y," dated February 2, 2011, AGUA
22 HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER
23 REPLACEMENT - SP 144(L) as provided by SP 144 (L) and Government Code Section
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65453;and
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WHEREAS, the City Council adopted the Encina Specific Plan 144 (SP 144)26
27 on August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly
28 development of 680 acres of land located generally east of the Pacific Ocean, south of the
north shore of Agua Hedionda Lagoon, and north of Cannon Road; and
1 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that
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any applicant of a proposed project within the specific plan be required to prepare a
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comprehensive update of the specific plan; and
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WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity
Sewer Replacement project is appropriately processed as an amendment to, rather than a
comprehensive amendment of, Specific Plan 144(L) because: 1) SP 144(L) makes only minor
text and graphic changes to the Encina Specific Plan document, which are shown in
9 strikethrough to indicate words to be deleted and in underline to indicate words to be added; 2)
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Specific Plan 144(L) does not change any general plan land use or zoning designations within
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the boundaries of the specific plan, any condition set forth by a previously approved specific plan
13 amendment, nor does it propose any development other than that proposed by the Agua
14 Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project and
described in the Mitigated Negative Declaration; 3) SP 144(L) complies with all applicable
land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance,
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Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda
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Land Use Plan, and Scenic Corridor Guidelines; 4) the project improves major regional
20 infrastructure that cannot be feasibly relocated and it will replace existing facilities which have
21 reached the end of their useful life; 5) the project does not represent a significant new land use; it
22 would improve existing like facilities and would be constructed in generally the same locations
23 as those existing facilities in an existing utility corridor bordered on the west side by the railroad;
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6) the majority of the pipeline portion of the project within SP-144 would be under grounded; and
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7) care has been exercised in the design of the project's above-ground structures such as the26
proposed lift station that features a low profile and partially buried structure and the proposed
28 pipe support bridge for the sewer line. As a replacement and expansion of existing, like utility
uses in generally the same location and largely underground, the project would not represent a
PCRESONO. 6755 -2-
new, significant impediment to addressing the issues identified that would be considered by a
2 comprehensive update, including land use and public access; and
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4 WHEREAS, the Planning Commission did, on February 2, 2011, hold a duly
5 noticed public hearing as prescribed by law to consider said request; and
6 WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Specific Plan amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
jj Commission of the City of Carlsbad as follows:
12 A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(L), for
1 the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND
15 GRAVITY SEWER REPLACEMENT PROJECT based on the following
findings and subject to the following conditions:
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Findings;
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.o 1. The proposed development as described by the Specific Plan SP-144(L) is consistent
with the provisions of the General Plan in that the development proposed for the
19 Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement
project, as described in the Mitigated Negative Declaration, is consistent with the
20 applicable General Plan land use designations and policies. The proposed
development consists of a sewer lift station, pipe support bridge and pipelines
(sewer, recycled water, and potable water), which complies with General Plan land
22 use designations and goals to ensure adequate public facilities and economic growth
to sustain Carlsbad's quality of life. Further, the Encina Specific Plan 144 provides
23 all specific plan standards in a single, comprehensive document, which helps
facilitate the General Plan goal to ensure the timely provision of adequate public
24 facilities and services to preserve the quality of life of residents.
25 2. SP 144(L) would not be detrimental to the public interest, health, safety, convenience, or
26 welfare of the City in that it: 1) does not propose any changes to existing general plan
land use or zoning designations; 2) does not alter any condition set forth by a
27 previously approved specific plan amendment to regulate the Encina Power Station;
3) authorizes only development proposed by the Agua Hedionda Sewer Lift Station,
2° Force Main and Gravity Sewer Replacement project, for which a Mitigated
Negative Declaration (MND) has been prepared, and 4) provides a single,
comprehensive document that contains all pertaining rules and regulations set forth
PC RESO NO. 6755 -3-
by previously approved specific plan amendments and the contents required by
2 Government Code Section 65453.
3 3. The proposed specific plan amendment is consistent with the Local Coastal
Program in that it does not change any land use designations of the Agua Hedionda
4 Land Use Plan, authorizes development (the Agua Hedionda Sewer Lift Station,
Force Main and Gravity Sewer Replacement project) consistent with the Land Use
Plan, and provides the pipe support bridge over the Agua Hedionda Lagoon that is
being designed to accommodate the Coastal Rail Trail, a separate, future project in
this area, which will allow pedestrians and bicyclists recreational opportunities that
further Coastal Act policies regarding public access and use of area features, such as
Agua Hedionda Lagoon.
4. Specific Plan 144(L) provides assurances that all necessary public facilities can be
provided concurrent with need and adequate provisions have been provided to implement
those portions of the capital improvement program applicable to the subject property in
that the proposed project does not include residential, commercial or industrial land
11 uses, and does not include any components that would result in an increase in
population or any public facility or infrastructure demand. Furthermore, project
12 operations will not result in any increased traffic and will thus not result in any
1 _ substantial deterioration of the public roadway system, nor generate a need for
other governmental services, such as libraries or emergency services. Replacement
14 of the existing sewer lift station and force main is designed of a size adequate to
convey the future anticipated build-out demand of the service area.
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5. Appropriate measures are proposed to mitigate any adverse environmental impact as
16 noted in the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for the project.
6. Specific Plan 144(L) will contribute to the balance of land use so that local residents
may work and shop in the community in which they live in that it incorporates the land
19 use designations of the General Plan.
20 Conditions:
21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a Notice to Proceed or commencement of construction, whichever occurs first.
General
24 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
25 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
property title; institute and prosecute litigation to compel their compliance with said
28 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 Specific Plan Amendment.
PC RESO NO. 6755 -4-
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Specific Plan document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
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<- 3. Prior to approval of the Specific Plan Amendment, the Developer shall apply for and
obtain approval of a Coastal Development Permit issued by the California Coastal
6 Commission or its successor in interest, which substantially conforms to this approval. A
signed copy of the Coastal Development Permit must be submitted to the Planning
7 Director. If the approval is substantially different, an amendment to the Specific Plan
144 shall be required.
4. This approval is granted subject to the adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), RP 10-
10 26, CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions
contained in Planning Commission Resolutions No. 6753, 6754, 6756, 6757, 6758, 6759
and 6760 for those other approvals incorporated herein by reference.
12 5. Developer shall comply with all applicable provisions of federal, state, and local laws and
13 regulations in effect at the time of the issuance of a Notice to Proceed or
commencement of construction, whichever occurs first.
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6. Developer shall implement, or cause the implementation of, the Mitigated Negative
Declaration Project Mitigation Monitoring and Reporting Program.
7. As a condition of this approval, applicant must comply with the requirements of all
17 regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project.
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8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Specific Plan reflecting the conditions approved by the final decision-making body.
20 9. Developer shall include, as part of the plans submitted for any permit plan check, a
21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals and the Mitigation
22 Monitoring and Reporting Program).
23 10. This approval shall become null and void if the Notice to Proceed is not issued or
24 commencement of construction does not occur for this project within two (2) years of
the final discretionary approval, including the discretionary approvals of the
25 California Coastal Commission or other agencies.
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PC RESO NO. 6755 -5-
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8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
9. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
Code Reminders;
10. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on February 2, 2011 by the following
vote, to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Black, Dominguez,
Montgomery, Nygaard and Siekmann
ABSENT: Commissioner Schumacher
ABSTAIN:
STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
Planning Director
PCRESONO. 6759 -4-
Exhibit "A"
February 2, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN
3 AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE
DEVELOPMENT PLAN 00-02(C) FOR THE ENCINA POWER
4 STATION, SEWER LIFT STATION AND ASSOCIATED PIPING
ON PROPERTY LOCATED NORTH OF CANNON ROAD,
5 SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD
BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL
6 FACILITIES MANAGEMENT ZONES 1 AND 3.
CASE NAME: AGUA HEDIONDA SEWER LIFT STATION,
7 FORCE MAIN, AND GRAVITY SEWER
REPLACEMENT
8 CASE NO.: SP 144(L)
9 The City Council of the City of Carlsbad, California, does ordain as follows:
1° WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to incorporate Precise Development Plan 00-02(C) for the Encina Power
Station and Sewer Lift Station into Encina Specific Plan 144; and
WHEREAS, said application constitutes a request for a Specific Plan
Amendment shown on Exhibit "Encina Specific Plan Amendment - SP 144(L) attached hereto
and made a part hereof; and
16 WHEREAS, the City Council of the City of Carlsbad has reviewed and
17' considered Specific Plan Amendment SP 144(L) for the Encina Specific Plan; and
1 8 WHEREAS, changes proposed to SP 144 makes only minor text and graphic
19 changes to the Encina Specific Plan document, which are shown in strikethrough to indicate
20 words to be deleted and in underline to indicate words to be added; and
21 WHEREAS, after procedures in accordance with requirements of law, the City
22 Council has determined that the public interest indicates that said SP 144(L) be approved.
23 WHEREAS, the City Council did on the day of 2011, hold a
24 dully noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Council considered all factors
27 relating to the Specific Plan Amendment.
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follows:
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
SECTION I: That Specific Plan Amendment 144(L) dated February 2, 2011, on
file in the Planning Department, and incorporated herein by reference, is approved. SP 144(L)
shall constitute the development plan for the property and all development within the plan area
shall conform to the plan.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 6755 shall constitute the findings and conditions of the
City Council.
adoption, and
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
Council on the
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
day of 201 1 , 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:
7,,
APPROVED AS TO FORM AND LEGALITY
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10 RONALD R. BALL, City Attorney
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MATT HALL, Mayor
ATTEST:14
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16 LORRAINE M. WOOD, City Clerk
17 (SEAL)
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DRAFT
City of Carlsbad Specific Plan 144
Amended and Restated with Amendment 144(KL), per
City of Carlsbad Ordinance No. , adopted on , 200011
City of Carlsbad Specific Plan 144
(as amended and restated by Ordinance No. with 144(KL))
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 the purpose of this
amendment to Specific Plan 144, described as Specific Plan 144(K), is to:
1. 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. Require any agricultural or open space uses proposed on the land
identified by "Proposition D - Preserve the Flower and Strawberry
Fields and Save Carlsbad Taxpayer's Money" to comply with the
standards and procedural requirements of the CR-A/OS Zone.
3. Maintain the conditions and regulations of previous Specific Plan
Amendments A through H.
Pursuant to Carlsbad City Council Ordinance the purpose of this
amendment to Specific Plan 144, described as Specific Plan 144(KL), is to:
1. Incorporate the proposed Aqua Hedionda Sewer Lift Station and
associated improvements project (SIS') into Specific Plan 144.
3r2 Maintain the conditions and regulations of previous Specific Plan
Amendments A through-HK.
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 PlonSP 144
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 PlanSP 144 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 PlcmSP 144 i44 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 PlanSP 144 -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 PlanSP 144 -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 PlanSP 144 444-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 plonSP 144 area.
Between 1978 and 1993 three additional amendments to Specific
144 -t44 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 PlonSP 144^44.
On January 16, 1996 the Carlsbad City Council adopted Ordinance IMS-
345 amending Specific PlonSP 144 ±44 (Amendment G) to remove 24.2
acres of land from the Specific PlanSP 144 area. The map of the Specific
Pte-nSP 144 area was revised to reflect the removal of the acreage.
In 1999, SDG&E sold a significant portion of its holdings within Specific
P4af*SP 144 144 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 PlanSP 144. 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 PlonSP 144(H) accommodated the Carlsbad Seawater
Desalination Plant in the Specific Plan and on the Encina Power Station site.
In 2007, Specific PlanSP 144 -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 City Council adopted Ordinance
No. CS-057 approving Encino Specific Plan SP 144(J) to incorporate Precise
Development Plan PDP 00-02(B), for the Encina Power Station and Carlsbad
Seawater Desalinization Plant.
On January xx. 2011, the Carlsbad City Council adopted Ordinance No.
CS-xxx approving Encina Specific Plan SP 144CIO to incorporate the
provisions of Carlsbad Municipal Code (CMQ Chapter 21.209 - Cannon Road
Agricultural and Open space (CR-A/OS) Zone into Specific-P4aft5P 144-144.
C. PHYSICAL SETTING
The Specific Plan 144 (SP 144} 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 area is shown as Exhibit A attached to this
document.
The SP 144 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 Plon BoundorySP 144 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 PlcmSP 144 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. POP 00-02 (CB), referenced in this thfs
Specific Plan-provides information on the Carlsbad Scowotcr Desalination
Project cmd associated infrastructure SLS, which were is proposed to be
approved concurrently with amendment 144(5L) to this Specific Plan. PDP
00-02(BC) also provides details regarding the existing Encina Power Station
and approved Carlsbad Seawater Desalination Plant.
The proposed SLS project crosses SP 144 from north to south and is
parallel to and east of the railroad corridor. The project consists of a lift
station Is-located on an approximate 2.3 acre area on the north end of the
grounds of the Encina Power Station. Within SP 144, tT-he project also
includes pipelines to convey sewer, recycled water, and potable water and a
new pipe support bridge over Agua Hedionda Lagoon. The lift station,
pipelines and bridge will replace or supplement existing like
faciliticsinfrastructure. Additionally, pipelines will continue offsite of the
power stotion (and thus outside the boundaries of the PDP and Specific
PlafiSP 1444 and into surrounding areas to the north and south-of the PDP
and SP boundaries.
The desalination project, which was approved with Specific Plon
AmcndmoBtSP 144O). 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 ond Specific PlonPDP 00-02 and SP 144) and into
surrounding communities. A portion of the different alignments for the
pipelines would cross land within Specific PlanSP 144 south and east of the
power station and east of Interstate 5. Since these offsite pipelines are not
located within the-PDP 00-02. they are subject to different permit
requirements.
Other than the infrastructure contemplated in PDP 00-02(80)^ cmfHn
other permits related to the Carlsbad Seawater Desalination Project or
Encina Power Station and not yet constructed, andjri 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 PlonSP 144
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 PlanSP 144.
Major infrastructure elements in the Specific PlanSP 144 area include
electrical transmission lines emanating from the Encina Power Station and
which extend across the Specific PlanSP 144 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 PlcmSP 144, 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 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
P4af*SP 144 incorporates by reference the LFMPs for those parts of the
Specific Plan area that fall within Zone 1, Zone 3 and Zone 13.
The SLS will not include any elements that would require an There ore
no prcGcnt-proposQlG for odditionol development in the Specific Plan area
cmd 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(CB) is consistent with the LFMP for Zone 1 and Zone 3,
and infrastructure within the PDP 00-02(BC) area will be subject to
requirements of PDP 00-02(BC).
III. DEVELOPMENT STANDARDS
Generally, the development standards in this Specific PlonSP 144 are
the same as the standards contained in the City of Carlsbad General Plan.
This Specific PlanSP 144 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 PDP 00-02(BC).
At this time, there is no additional development proposed for the
lagoon or agricultural/open space areas of Specific PlanSP 144 144.
Regulations for the development of the agricultural and open space areas
are included in this Specific PlonSP 144 and in CMC Chapter 21.209 -
Cannon Road Agricultural/ Open Space (CR-A/OS) Zone, incorporated herein
by reference.
Standards and conditions for the Encina Power Station required as
part of the original Specific PlonSP 144 and Amendments A-GK 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 POP 00-
02(BC) portion of this Specific PlonSP 144 i44-will require an amendment to
this Specific Plan. Any additional development within the PDP 00-02(BC)
area will not require an amendment to or comprehensive update of this
Specific Plan unless it is considered a "formal amendment" as described in
PDP 00-02(BC).
Specific Plan Amendments 144(A-H7-4K) established the following
standards and requirements, (some of which have been satisfied as of the
date of Specific PlanSP 144 i44(KL)):
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 1/2 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
10
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
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
11
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
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,
12
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:
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.
13
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 POP 00-02 (BC) {adopted concurrently
with Specific Plan amendment 144(^L) 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 POP 00-02 (BC). Other standards and conditions in PDP 00-02 (BC)
originate from related regulations and documents discussed in Chapter III of
PDP 00-02 (BC).
As described in PDP 00-02 (BC), any formal amendments to PDP 00-
02 (BC) will be incorporated into the Specific PlcmSP 144 444 and will require
an amendment to or comprehensive update of this Specific PlonSP 144.
14
Other land use regulations applicable to Specific PlonSP 144 -M4
include the following:
• The Agua Hedionda Land Use Plan. Specific PlonSP 144 ^44 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 PlonSP 144^44, 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 PlonSP
144 shall be subject to the provisions of that zone.
Furthermore, Specific PlonSP 144 requirements shall not be required
of, or applied to, uses regulated by the California Public Utilities Commission
(CPUC).
IV. IMPLEMENTATION
Specific Plan Amendment 144(JL) authorizes no new development in
the Specific PlonSP 144 area over and above that allowed by Precise
Development Plan 00-02(8C). The City of Carlsbad has instituted zoning
regulations for the area covered by Specific PlonSP -144(JL). In the future,
any amendment to the Carlsbad Zoning Ordinance affecting an area covered
by this Specific PlonSP 144 will require zoning tp be consistent with feWs
Specific PlpnSP 144 per Government Code section 65455.
On June 11. 2002, the City Council, in Agenda Bill 16.790. directed
that any applicant of a proposed project within SP 144 prepare a
comprehensive update of SP 144. Waiving this requirement or allowing an
applicant to process an amendment to rather than a comprehensive update
of SP 144 shall be at the discretion of the City Council.
V. RELATIONSHIP TO THE GENERAL PLAN
SP 144 incorporates the Carlsbad General Plan land use designations
for the area covered by the Specific PlonSP 144. The Specific PlanSP 144 is
15
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 144 is not consistent with General Plan land use designations^. Zoning of
the SP 144 area is shown in Exhibit C attached to this document.
The General Plan for the City of Carlsbad designates the land
contained in the SP 144 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 PlonSP 144 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 PlanSP 144 provides regulations for the development of
the Encina Power Station,, which provides "generation of electrical energy,"
and incorporates the PDP 00-02(BC). T-he-PDP 00-02(C) serves as a permit
for the SLSf Carlsbad Scowotcr Desalination Project, which would provide a
sewer facility that is designed of a size adequate to convey the future
anticipated build-out demand of portions of the sewer service areas "primary
utility functions designed to serve oil or o substantial portion of the
community," by augmenting potable drinking water supplies for the Gcity-ies
of Carlsbad and Vista. Thus, the power station and desalination plant arc
ttsesSLS is consistent with the provisions of the General Plan. Other than
the desalination plont.SLS, Specific PlanSP 144 ^44(3+0.) authorizes no
additional development.
Additional areas covered by SP 144 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 are designated Open Space. SP 144(K) includes a revision to Exhibit C
to identify lands included in "Proposition D - Preserve the Flower and
Strawberry Fields and Save Taxpayer's Money" as being included in the
Cannon Road Agricultural/Open Space (CR-A/OS) Zone. SP 144(L)T-fre
specific plan does not provide for any new development to occur in these
CR-A/05 areas, which besides Open Space are designated as
Travel/Recreation Commercial, and Residential High Density. In doing so,
the Specific PlanSP 144 maintains consistency with and enables
implementation of the goals of the Land Use and Open Space Elements of
the Carlsbad General Plan.
16
MIDDLE
AGUA
HEDIONDA
LAGOON
INNER AGUA
HEDIONDA LAGOON
Legend
Specific Plan Boundary
Precise Development Planning Area
-fiJRK
\
_RD
J:\Requests\PlanningU17S27a_09 Specific Plan 144
Specific Plan 144 Boundary Map
Exhibit A
General Plan Land use:
OS Open Space
RH High Density Residential
T-R Travel/Recreation Commerical
U Public Utilities
/A Precise Development Planning Area
mtffiir£&
J:\Requests\Planring\417S279_OS Specific Plan 144
General Plan Map
Exhibit B
Zoning:
OS Open Space
P-U Public Utility
R-A-10000 Residential-Agricultural Zone
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:\RequestsiPlanning\4175279_09 Specific Plan 144
Zoning Map
Exhibit C