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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 10 the land use classification of "Public Utilities;" and 11 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 17 standards regarding electrical power generation, particularly at the Encina Power Station 18 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 24 other regulations pertaining to the location and operation of thermal electric power 25 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 2 STANDARDS - GPA 11-06, as provided in Government Code Section 65350 et. seq. and 3 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 10 factors relating to GPA 11-06. 11 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: 17 Findings: 18 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. 24 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. 26 ~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: 3 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. 17 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. 24 25 26 27 28 PC RESO NO. 6803 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.