HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 68031 PLANNING COMMISSION RESOLUTION NO. 6803
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN
4 LAND USE ELEMENT TO CHANGE THE PUBLIC UTILITIES
LAND USE DESIGNATION REGARDING GENERATION OF
ELECTRICAL ENERGY.
6 CASE NAME: CHANGES TO POWER PLANT
STANDARDS
7 CASE NO: GPA11-06
o WHEREAS, the City of Carlsbad has filed a verified application for an
9 amendment to the General Plan, GPA 11-06, to amend the Land Use Element and specifically
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the land use classification of "Public Utilities;" and
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WHEREAS, the City has filed GPA 11-06 to respond to City Council
13 Ordinance CS-110, which extends Urgency Ordinance CS-067 and (1) prohibits, through
14 October 20, 2011, the expansion or location of thermal electrical power generation facilities
1-* within Carlsbad's Coastal Zone, (2) describes the City's concern about expansion of the
Encina Power Station, and (3) states the City's objective to study existing land use
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standards regarding electrical power generation, particularly at the Encina Power Station
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and in the Coastal Zone, due to concerns regarding the appropriateness and sufficiency of
20 the standards to protect the health, safety, and welfare, of its citizens; and
21 WHEREAS, the City has also filed GPA 11-06 to respond also to City
22 Council Resolution 2010-038, which (1) declares the City Council's intent to study and
23 consider amendments to the General Plan Land Use Element, Zoning Ordinance, and
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other regulations pertaining to the location and operation of thermal electric power
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generation facilities within the City and (2) directs city staff to prepare the necessary26
27 applications to implement land use recommendations; and
28 WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit "X-GPA 11-06" dated September 7, 2011, attached hereto
1 and on file in the Carlsbad Planning Department, CHANGES TO POWER PLANT
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STANDARDS - GPA 11-06, as provided in Government Code Section 65350 et. seq. and
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Section 21.52.150 of the Carlsbad Municipal Code; and4
5 WHEREAS, the Planning Commission did, on September 7, 2011, hold a duly
5 noticed public hearing as prescribed by law to consider said request; and
7 WHEREAS at said public hearing, upon hearing and considering all testimony
o and arguments, examining GPA 11-06, analyzing the information submitted by City staff, and
9 considering any written and oral comments received, the Planning Commission considered all
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factors relating to GPA 11-06.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad, as follows:
14 A) That the above recitations are true and correct.
15 B) That based on the evidence presented at the public hearing, the Commission
lfi RECOMMENDS APPROVAL of CHANGES TO POWER PLANT
STANDARDS - GPA 11-06, based on the following findings:
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Findings:
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1. GPA 11-06 responds to and is consistent with the concerns and intent and the public
health, safety and welfare objectives of City Council Ordinance CS-110 and City Council
20 Resolution 2010-238 in that it:
21 a. Specifies a primary function of the Public Utilities designation designed to
serve all or a substantial portion of the community may include the
22 generation of electrical energy if it is located outside the Coastal Zone but
only if it is conducted by a government entity or by a company and such use
is authorized or approved by the California Public Utilities Commission.
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b. Clarifies, through the addition of the word "may," that all primary function
25 examples described for the Public Utilities designation may not be acceptable
primary functions in all instances.
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~7 c. Amends the Public Utilities designation, the only land use designation that
specifically identifies generation of electrical energy as a function or use of
28 the designation.
PC RESO NO. 6803 -2-
2. GPA 11-06 particularly because of its restrictions on generation of electrical energy
2 in the Coastal Zone, is consistent with overall Land Use Element Goals A.I and A.2,
which state:
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A.I City which preserves and enhances the environment, character and
image of itself as a desirable residential, beach and open space oriented
<- community.
6 A.2 A City which provides for an orderly balance of both public and
private land uses within convenient and compatible locations throughout the
7 community and ensures that all such uses, type, amount, design and
arrangement serve to protect and enhance the environment, character and
image of the City.
9 3. GPA 11-06 is also consistent with Environmental Policy C.5 of the Land Use
10 Element, which states, "limit future development adjacent to the lagoons and beach
in such a manner so as to provide to the greatest extent feasible the physical and
11 visual accessibility to these resources for public use and enjoyment." GPA 11-06 is
harmonious with this policy because it clarifies that generation of electrical energy
as the primary function of a use or site is not acceptable on a site designated Public
13 Utilities which is in the Coastal Zone.
14 4. Recognizes the City's role as a participant in regional planning, GPA 11-06 is
consistent with the Land Use Element's Special Planning Considerations—Regional
Issues goal, by continuing to allow consideration of generation of electrical energy
,. for the region's benefit as a primary function of the Public Utilities designation
outside the Coastal Zone.
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The Planning Director has determined the project is exempt from the California
18 Environmental Quality Act (CEQA) because it will not have a significant effect on the
environment. This determination is pursuant to State CEQA Guidelines Section
19 15061(b) (3) and Municipal Code Section 19.04.070 A.l.c.(l). CEQA Guidelines
20 Section 15061(b) (3) states "when it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
21 environment, the activity is not subject to CEQA." Furthermore, Municipal Code
Section 1919.04.070 A.l.c.(l) identifies minor zone or municipal code amendments
22 that refine or clarify existing land use standards, which the project does, as being
exempt from CEQA because they also are not considered to have a significant
environmental effect.
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PC RESO NO. 6803 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on September 7, 2011, by the following
vote, to wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Arnold, Black, Scully and
Schumacher
ABSENT: Commissioner Nygaard and Siekmann
ABSTAIN:
STEPHEN^HAP" L'HEUKEUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6803 .4-
Exhibit X-GPA 11-06
September 7, 2011
GPA 11-06 - Changes to Power Plant Standards
Revision to General Plan Land Use Element
(Note: Proposed text additions are shown as bold and underlined. Proposed text deletions are
shown as stricken.)
C. LAND USE CLASSIFICATIONS
6. PUBLIC UTILITIES (U)
This category of land use designates areas, both existing and proposed, either being used or
which may be considered for use for public or quasi-public functions.
Primary functions may include such uses things as the generation of electrical energy, treatment
of waste water, public agency maintenance storage and operating facilities, or other primary
utility functions designed to serve all or a substantial portion of the community. A primary
function designed to serve all or a substantial portion of the community may also include the
generation of electrical energy if it is located outside the Coastal Zone but only if it is
conducted by a government entity or by a company and such use is authorized or approved by
the California Public Utilities Commission.
Sites identified with a "U" designation indicate that the City is studying or may in the future
evaluate the location of a utility facility which could be located within a one kilometer radius of
the designations on a site for such a facility. Specific siting for such facilities shall be
accomplished only by a change of zone, and an approved Precise Development Plan adopted by
ordinance and approved only after fully noticed public hearings.