HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 68041 PLANNING COMMISSION RESOLUTION NO. 6804
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF AN AMENDMENT TO ZONING
ORDINANCE CHAPTER 21.36, PUBLIC UTILTY ZONE, AND
4 SPECIFICALLY TO TABLE "A" OF SECTION 21.36.020,
PERMITTED USES, REGARDING GENERATION AND
5 TRANSMISSION OF ELECTRICAL ENERGY.
6 CASE NAME: CHANGES TO POWER PLANT
STANDARDS
7 CASE NO.: ZCA11-05
8 WHEREAS, the Planning Director has prepared a proposed Zone Code
9 Amendment, ZCA 11-05, pursuant to Section 21.52.020 of the Carlsbad Municipal Code and
specifically in response to City Council Ordinance CS-110 and City Council Resolution
11 2010-038; and
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WHEREAS, City Council Ordinance CS-110 extends Urgency Ordinance
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CS-067 and (1) prohibits, through October 20, 2011, the expansion or location of thermal
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electrical power generation facilities within Carlsbad's Coastal Zone, (2) describes the
,£ City's concern about expansion of the Encina Power Station, and (3) states the City's
17 objective to study existing land use standards regarding electrical power generation,
18 particularly at the Encina Power Station and in the Coastal Zone, due to concerns
19 regarding the appropriateness and sufficiency of the standards to protect the health, safety,
20 and welfare, of its citizens; and
21 WHEREAS, City Council Resolution 2010-038 (1) declares the City
22 Council's intent to study and consider amendments to the General Plan Land Use Element,
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Zoning Ordinance, and other regulations pertaining to the location and operation of
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thermal electric power generation facilities within the City and (2) directs city staff to
_ , prepare the necessary applications to implement land use recommendations; and26
27 WHEREAS, ZCA 11-05 affects all Public Utility (P-U) zoned properties,
28 including those inside and outside the city's Coastal Zone; and
1 WHEREAS, the CHANGES TO POWER PLANT STANDARDS - ZCA 11-
r\05 is set forth and attached in the draft City Council Ordinance marked "Exhibit X - ZCA 11-
3 05" and dated September 7,2011; and
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WHEREAS, the Planning Commission did, on September 7, 2011, 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 and
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arguments, examining ZCA 11-05, analyzing the information submitted by City staff, and considering
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any written and oral comments received, the Planning Commission considered all factors relating to ZCA
11-05.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
12 Commission of the City of Carlsbad as follows:
\ 3 A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CHANGES TO POWER PLANT
15 STANDARDS - ZCA 11-05 based on the following findings:
16 Findings:
' 1. ZCA 11-05 responds to and is consistent with the concerns and intent and the public
1 o health, safety and welfare objectives of City Council Ordinance CS-110 and City Council
Resolution 2010-238 in that it:
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a. Permits generation of electrical energy outside the Coastal Zone but restricts
20 it in the Coastal Zone to only facilities of fewer than 50 megawatts that are
accessory to another use.
21 b. Prohibits the generation of 50 megawatts or more of electricity in the Coastal
Zone.
99 c. Restricts generation of electrical energy inside or outside the Coastal Zone to
„ only facilities by a government entity or by a company authorized or
approved for such use by the California Public Utilities Commission.
24 d. Enables the City to regulate and thus determine the compatibility of any
future power generation in the Coastal Zone as such generation would be
25 limited to fewer than 50 megawatts, which is subject to city, not California
Energy Commission, jurisdiction.
26 e. Reduces the potential for significant environmental impacts, including but
not limited to visual, air quality, and land use impacts, associated with
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1 construction of a new power generating facility or expansion of an existing
facility of 50 megawatts or more.
2 f. Enhances redevelopment opportunities in the Coastal Zone due to the
_ restrictions it imposes on generation of electrical energy in the Coastal Zone.
g. Allows the possibility of small, accessory power generation at Coastal Zone
4 facilities such as the Encina Wastewater Treatment Plant.
h. Clarifies to the California Energy Commission, which has jurisdiction over
5 power generating facilities of 50 megawatts or more, the city's land use
standards regarding generation of electrical energy.
6 i. Amends the Public Utility Zone, the only zone that permits generation of
electrical energy.
' j. Clarifies that transmission of electrical energy may only be conducted by a
government entity or by a company authorized or approved for such use by
the California Public Utilities Commission, which matches the restriction
g imposed on the generation of electrical energy.
10 2. ZCA 11-05 is consistent with the General Plan in that it:
11 a. Complies with the General Plan Land Use Element description of the Public
Utilities land use designation, as amended by GPA 11-06, in that ZCA 11-05
12 (1) restricts, for Public Utility-zoned properties in the Coastal Zone,
generation of electrical energy to only those facilities that are accessory to
another use and generate fewer than 50 megawatts; (2) prohibits power
14 generation of 50 megawatts or more in the Coastal Zone; (3) permits as a
primary use the generation of electrical energy outside the Coastal Zone; and
15 (4) requires all generation of electrical energy whether in or outside the
Coastal Zone to be conducted by a government entity or by a company
16 authorized or approved for such use by the California Public Utilities
Commission.
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b. Implements, particularly because of its restrictions on generation of electrical
energy in the Coastal Zone, overall Land Use Element Goals A.I and A.2,
, o which state:
A.I City which preserves and enhances the environment, character
20 and image of itself as a desirable residential, beach and open space
oriented community.
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A.2 A City which provides for an orderly balance of both public
22 and private land uses within convenient and compatible locations
throughout the community and ensures that all such uses, type,
amount, design and arrangement serve to protect and enhance the
24 environment, character and image of the City.
25 c. Complies with Environmental Policy C.5 of the Land Use Element, which
states, "limit future development adjacent to the lagoons and beach in such a
26 manner so as to provide to the greatest extent feasible the physical and visual
accessibility to these resources for public use and enjoyment." ZCA 11-05
27 complies with this policy because it limits generation of electrical energy in
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1 the Coastal Zone to only those facilities that are accessory to another use,
generate fewer than 50 megawatts, and that are operated by a government
entity or by a company authorized or approved for such use by the
T California Public Utilities Commission.
d. Recognizes the City's role as a participant in regional planning, consistent
4 with the Land Use Element's Special Planning Considerations—Regional
Issues goal, by continuing to allow facilities that may generate electrical
5 energy for the city's and the region's benefit as a permitted, primary use
outside the Coastal Zone; similarly it acknowledges this role regarding the
6 transmission of electrical by continuing to allow such use in the Public Utility
Zone regardless of Coastal Zone location.
3. ZCA 11-05 reflects sound principles of good planning in that it maintains consistency
8 with other sections of the Zoning Ordinance not proposed for amendment and
provides clarification regarding the generation and transmission of electrical energy
as land uses in the Public Utility Zone.
4. ZCA 11-05 is consistent with the Local Coastal Program in that it:
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a. Provides clarification regarding the generation and transmission of electrical
12 energy as land uses in the Public Utility Zone, which affects property in the
Coastal Zone.
13 b. Does not change any Local Coastal Program standards regarding important
coastal resources such as public access and view protection, and sensitive
biological and geological resources.
, <- c. Through restrictions that limit the size and scope of electrical generating
facilities in the Coastal Zone, ZCA 11-05 potentially enhances opportunities
for public access and protection of existing views and resources, consistent
with the goals of the Coastal Act as found in Public Resources Code Section
17 30001.5.
18 5. ZCA 11-05 is consistent with the South Carlsbad Coastal Redevelopment Project
Redevelopment Plan (SCCRP) in that it:
a. Permits as an accessory use generation of electrical energy, which the
SCCRP, in Section VI (600), identifies as a use that may be permitted in the
SCCRP Project Area upon the satisfaction of certain criteria.
b. Permits the transmission of electrical energy, which the SCCRP, in Section
22 VI (600), identifies as a use that may be permitted in the SCCRP Project
Area upon the satisfaction of certain criteria.
23 c. Maintains the requirement for a Precise Development Plan, approval of
which is one of the criteria necessary to permit generation or transmission of
electrical energy in the SCCRP Project Area,
d. By limiting generation of electrical energy to only an accessory use of fewer
than 50 megawatts by a government entity or by a company authorized or
approved for such use by the California Public Utilities Commission, ZCA
11-05 may facilitate SCRRP goals, as listed in Section IV (400), including:
27 eliminating blight and environmental deficiencies; replanning, redesigning,
and developing properties which are stagnating or improperly utilized;
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developing new beach and coastal recreational opportunities; facilitating the
redevelopment of the Encina power generating facility to a smaller more
efficient power generating plant (if in compliance with the limitations set
forth by ZCA 11-05); enhancing commercial and recreational functions; and
increasing parking and open space amenities.
6. The Planning Director has determined the project is exempt from the California
Environmental Quality Act (CEQA) because it will not have a significant effect on the
environment. This determination is pursuant to State CEQA Guidelines Section
15061(b) (3) and Municipal Code Section 19.04.070 A.l.c.(l). CEQA Guidelines
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
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
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.
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:Chairperson L'Heureux, Commissioners Arnold, Black, Scully and
Schumacher
NOES:
ABSENT: Commissioner Nygaard and Siekmann
ABSTAIN:
STEPHEN "H-AP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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Exhibit X-ZCA1 1-05
September 7, 201 1
ORDINANCE NO.
is
Ir
rt
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO ZONING ORDINANCE SECTION
21.36.020 TABLE "A" REGARDING GENERATION OF
ELECTRICAL ENERGY AS A PERMITTED USE IN THE PUBLIC
UTILITY ZONE.
CASE NAME: CHANGES TO POWER PLANT STANDARDS
CASE NO.: ZCA11-05
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Table A in Section 21.36.020 of the Carlsbad Municipal Code
> amended to read as follows:
Table A
Permitted Uses
i the table, below, subject to all applicable permitting and development requirements of the
lunicipal code:
"P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
"Ace" indicates use is permitted as an accessory use.
Use
Agricultural farm worker housing (temporary) (subject to Section 21.42.14Q(B)(2))
Agriculture: only the following agricultural uses, and buildings accessory to such agricultural
uses, are permitted in the P-U zone: (a) field and seed crops, (b) truck crops, (c) horticultural
crops, (d) orchards and vineyards, (e) pasture and rangeland, (f) tree farms, (g) fallow lands,
(h) greenhouses
Airports
Alcoholic treatment centers
Any other use which the planning commission or city council may determine to be similar to
the permitted uses in the zone and to fall within the intent and purposes of the zone (see
note 1)
Aquaculture (defined: Section 21.04.036)
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10))
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section
21.04.048
Campsites (overnight) (subject to Section 21.42.140(B)(40))
Cemeteries
Columbariums, crematories, and mausoleums (not within a cemetery)
Energy transmission facilities, including rights-of-way and pressure control or booster
stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of
energy sources
Fairgrounds
P
X
X
X
CUP
3
3
2
2
2
2
2
3
2
3
Ace
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Generation of electrical energy, primary, by a government entity or by a company authorized
or approved for such use by the California Public Utilities Commission outside the City's
Coastal Zone only
Generation of electrical energy, accessory, by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission in or
outside the City's Coastal Zone and limited to a generating capacity of fewer than 50
megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone
Golf courses
Governmental maintenance and service facilities
Greenhouses >2,000 square feet (subject to Section 21.42. 140(B)(70))
Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167)
Hospitals (defined: Section 21.04.170)
Hospitals (mental) (defined: Section 21.04.175)
Mobile buildings (subject to Section 21.42. 140(B)(90)) (defined: Section 21.04.265)
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70))
Petroleum products pipeline booster stations
Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and
agricultural water supplies
Public utility district maintenance, storage and operating facilities
Radio/television/microwave/broadcast station/tower
Recreation facilities
Recreational facilities (public or private, passive or active)
Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section
21.105.015)
Recycling collection facilities, small (subject to Chapter 21.105 of this title) (defined: Section
21.105.015)
Recycling process/transfer facility
Satellite television antennae (subject to the provisions of Section 21 .53. 1 30 of this code)
Signs subject to the provisions of Chapter 21 .41
Stadiums
Transit passenger terminals (bus and train)
Transmission of electrical energy if conducted by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission
Using and storage of fuel oils
Wastewater treatment, disposal or reclamation facilities
Windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160))
Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section
21.04.379)
Zoos (private) (subject to Section 21.42. 140(B)(170)) (defined: Section 21.04.400)
Note:
1. Providing there shall not be permitted any use which creates noxious gas or odor,
excessive sound vibration or significant atmospheric pollution.
X
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1 SECTION II: That the findings of the Planning Commission in Planning
2 Commission Resolution No. 6804 shall constitute the findings of the City Council.
3 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
4 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
5 published at least once in a publication of general circulation in the City of Carlsbad within
6 fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be
7 effective until approved by the California Coastal Commission.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2011, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2011, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
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10 APPROVED AS TO FORM AND LEGALITY
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12 RONALD R. BALL, City Attorney
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MATT HALL, Mayor
16 ATTEST:
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18 LORRAINE M. WOOD, City Clerk
19 (SEAL)
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