HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 68071 PLANNING COMMISSION RESOLUTION NO. 6807
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF AN AMENDMENT TO THE ENCINA
SPECIFIC PLAN, SP 144(N), TO (1) INCORPORATE THE
4 ENCINA POWER STATION PRECISE DEVELOPMENT
PLAN, PDF 00-02, AS AMENDED BY AMENDMENT "(E);"
5 , (2) DELETE PROVISIONS REGARDING FUTURE POWER
6 GENERATING FACILITIES; (3) CLARIFY THE ENCINA
POWER STATION IS NOT CONSISTENT WITH THE
7 GENERAL PLAN OR ZONING ORDINANCE; AND (4) MAKE
MINOR HOUSEKEEPING CHANGES TO UPDATE SPECIFIC
8 PLAN CONTENT AND PROVIDE INFORMATION ON
AMENDMENTS AND POTENTIAL FUTURE
9 DEVELOPMENT. THE ENCINA SPECIFIC PLAN EXTENDS
BETWEEN THE PACIFIC OCEAN AND CANNON ROAD,
10 ENCOMPASSES THE AGUA HEDIONDA LAGOON, THE
u ENCINA POWER STATION, AND PROPERTIES WITHIN
LOCAL FACILITIES MANAGEMENT ZONES 1, 3, AND 13.
12 CASE NAME: CHANGES TO POWER PLANT
STANDARDS
13 CASE NO.: SP 144(N)
14 WHEREAS, the City of Carlsbad has filed verified applications for zoning and
15 related land use documents which affect properties within Encina Specific Plan SP 144; and
WHEREAS, the City has filed the verified applications to respond to City
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Council Ordinance CS-110, which extends Urgency Ordinance CS-067 and (1) prohibits,
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through October 20, 2011, the expansion or location of thermal electrical power generation
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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 objective to study existing land use
22 standards regarding electrical power generation, particularly at the Encina Power Station
23 and in the Coastal Zone, due to concerns regarding the appropriateness and sufficiency of
24 the standards to protect the health, safety, and welfare, of its citizens; and
25 WHEREAS, the City has also filed the verified applications to respond to
9* f\City Council Resolution 2010-038, which (1) declares the City Council's intent to study and
27 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
generation facilities within the City and (2) directs city staff to prepare the necessary
T applications to implement those land use recommendations; and
WHEREAS, said verified applications include a request for a Specific Plan
4 amendment, on file in the Carlsbad Planning Department, CHANGES TO POWER PLANT
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STANDARDS as provided by SP 144(N) and Government Code Section 65453; and
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WHEREAS, the City Council adopted the Encina Specific Plan 144 on
August 3, 1971, by Ordinance 9279 to provide rules and regulations for the orderlyo
development of 680 acres of land located generally east of the Pacific Ocean, south of the
10 north shore of Agua Hedionda Lagoon, and north of Cannon Road, all of which is in the
11 Coastal Zone; and
WHEREAS, because Encina Specific Plan 144 encompasses the Encina
Power Station and land designated and zoned for public utility uses and contains standards
14 regarding future power generation, SP 144 (N) is a necessary action to adequately respond
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to the concerns expressed in the aforementioned ordinance and resolution; and
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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 a18
comprehensive update of the specific plan; and
20 WHEREAS, as SP 144(N) proposes only minor text changes (shown in
21 underline for added text and strikeout for deleted text), does not change any General Plan
22 Land Use designations within the boundaries of the Specific Plan, and does not propose any
development, the processing of an amendment to, rather than a comprehensive update of
24 the Encina Specific Plan, is appropriate; and
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PC RESO NO. 6807 -2-
1 WHEREAS, the proposed CHANGES TO POWER PLANT STANDARDS -
o^ SP 144(N) are set forth and attached in the draft City Council Ordinance and in the revised SP
3 144(N) document, both marked "Exhibit X-SP 144(N)" 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 arguments, examining SP-144(N), analyzing the information submitted by City staff, ando
9 considering any written and oral comments received, the Planning Commission considered all
10 factors relating to SP 144(N).
11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
12 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Commission
15 RECOMMENDS APPROVAL of CHANGES TO POWER PLANT
STANDARDS - SP 144(N) based on the following findings:
16 Findings:
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1. The amendment to the Encina Specific Plan, SP 144(N), responds to and is consistent
18 with the concerns and intent of City Council Ordinance CS-110 and City Council
Resolution 2010-238 in that it (1) reflects wording from the General Plan (as
amended by GPA 11-06) to note in the Public Utilities land use designation
2Q generation of electrical energy may be a primary function designed to serve all or a
substantial portion of the community if it is located outside the Coastal Zone but
21 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; (2)
22 incorporates wording from the Zoning Ordinance (as amended by ZCA 11-05) to
clarify generation of electrical energy of 50 megawatts or more is prohibited in the
23 Coastal Zone and is permitted in the Coastal Zone only as an accessory use of fewer
than 50 megawatts and only if it is by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission;
~<- (3) eliminates provisions regarding future power generation at the Encina Power
Station and elsewhere within the Encina Specific Plan, all of which is in the Coastal
26 Zone; and (4) incorporates the Encina Power Station Precise Development Plan,
PDF 00-02(E), amended to reflect the General Plan and Zoning Ordinance wording
27 described above.
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PC RESO NO. 6807 -3-
1 2. SP 144(N) would not be detrimental to the public interest, health, safety, convenience, or
welfare of the City in that, by incorporating and/or reflecting General Plan and
Zoning Ordinance wording and eliminating specific plan provisions regarding
T future power generation, both as described in the first finding above, SP 144(N)
eliminates the possibility of significant environmental impacts, including but not
4 limited to visual, air quality, and land use impacts, associated with an expansion of
the existing Encina Power Station or the construction of a new power generating
5 facility of 50 megawatts or more.
6 3. SP 144(N) eliminates an inconsistency with Policy 1.9 of the Agua Hedionda Land
Use Plan by revising condition 5 of the Specific Plan so that any future buildings
permitted at the Encina Power Station may not exceed a height of 35 feet, which is
0 consistent with the allowed height limit of the policy.o
9 4. 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
10 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
11 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.
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PC RESO NO. 6807 -4-
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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'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6807 -5-
Exhibit X-SP-144(N)
September 7, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
, CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE ENCINA SPECIFIC PLAN SP 144(N) THAT (1)
4 INCORPORATES PRECISE DEVELOPMENT PLAN POP 00-
02(E) AS APPROVED BY CITY COUNCIL ORDINANCE NO.
5 ; (2) DELETES STATEMENTS REGARDING
FUTURE POWER GENERATING FACILITIES; AND (3)
6 CLARIFIES THE ENCINA POWER STATION IS NOT
CONSISTENT WITH THE GENERAL PLAN OR ZONING
7 ORDINANCE. THE ENCINA SPECIFIC PLAN EXTENDS
BETWEEN THE PACIFIC OCEAN AND CANNON ROAD,
8 ENCOMPASSES THE AGUA HEDIONDA LAGOON, THE
ENCINA POWER STATION, AND PROPERTIES WITHIN LOCAL
9 FACILITIES MANAGEMENT ZONES 1, 3, AND 13.
CASE NAME: CHANGES TO POWER PLANT STANDARDS
10 CASE NO.: SP 144(N)
11 WHEREAS, the Encina Specific Plan SP 144 was originally adopted by the City
12 Council as Ordinance No. 9279 on August 3, 1971, and has since been amended several times;
13 and
14 WHEREAS, SP 144 contains the rules and regulations for the orderly
15 development of 680 acres of land, which includes the Agua Hedionda Lagoon, agricultural
16 operations and natural open space, and the Encina Power Station; and
17 WHEREAS, the City Council of the City of Carlsbad has reviewed and
18 considered Specific Plan Amendment SP 144(N) for the Encina Specific Plan; and
19 WHEREAS, after procedures in accordance with requirements of law, the City
20 Council has determined that the public interest indicates that said SP 144(N) be approved.
21 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
22 follows:
SECTION I: That SP 144(N), dated September 7, 2011, on file in the Planning
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Department, and incorporated herein by reference, is approved. SP 144(N) shall constitute the
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development plan for the property and all development within the plan area shall conform
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substantially to the plan.
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SECTION II: That the findings of the Planning Commission in Planning
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Commission Resolution No. 6807 shall constitute the findings of the City Council.
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1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
3 published at least once in a publication of general circulation in the City of Carlsbad within
4 fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2011, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2011, by the following vote, to wit:
9 AYES:
10 NOES:
ABSENT:
12 ABSTAIN:
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14 APPROVED AS TO FORM AND LEGALITY
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16 RONALD R. BALL, City Attorney
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MATT HALL, Mayor
ATTEST:
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LORRAINE M. WOOD, City Clerk
23 (SEAL)
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Exhibit X-SP 144(N)
September 7, 2011
City of Carlsbad
Encina Specific Plan 144
Amended and Restated with Amendment 144(KJ\Q, per
City of Carlsbad Ordinance No. CS-44SXXX, adopted on XXXMav 24, 2011
City of Carlsbad Specific Plan 144
(as amended ond restated by Ordinance No. CS 118XXX with 144(KN))
I. INTRODUCTION
A. PURPOSE
The purpose of this Specific Plan is to (1) 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: and (2) maintain the conditions and
regulations of previous Specific Plan Amendments A through K.
Pursuant to Carlsbad City Council Ordinance CS 148 the purpose of
this amendment to Specific Plan 144, described OG Specific Plon 144(l<), is
4-= - Incorporate the provisions of Carlsbad Municipal Code (CMC) Chapter
21.209 — Cannon Rood Agricultural ond Open Space (CR A/QS) Zone
into Specific Plan 144.
5h - Revise Exhibit C to identify londs within SP 144 which ore subject to
"Proposition D — Preserve the Flower and Strawberry Fields and Save
Toxpoycr's Money" and the Cannon Rood Agricultural/Open Space (CR
A/OS) Zone.
3^ - Maintain the conditions ond regulations of previous Specific Plan
Amendments A through H.
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
Encina Specific Plan 144(N)
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.
Encina Specific Plan 144(N)
On January 16, 1996 the Carlsbad City Council adopted Ordinance NS-
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.
Onlft June 13, 2006, the Carlsbad City Council adopted Ordinance No.
NS-805, approving Specific Plan 144(H) to incorporate Precise Development
Plan PDP 00-02 for accommodated the Carlsbad Seawater Desalination Plant
in the Specific Plan ond on the and the Encina Power Station site.
In 2007, 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 City Council adopted Ordinance
No. CS-057 approving Encina Specific Plan SP 144(J) to incorporate Precise
Development Plan PDP 00-02(B)7 for modifications to the the Encina Power
Stotion ond Carlsbad Seawater Desalination Plant.
On May 24, 2011. the Carlsbad City Council adopted Ordinance No.
CS-148. approving SP 144(10 and incorporating the provisions of Carlsbad
Municipal Code (CMC') Chapter 21.209 - Cannon Road Agricultural and Open
Space (CR-A/OS) Zone into Specific Plan 144. CS-148 also revised Specific
Plan 144 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.
Application SP 144CL) has been submitted for a proposed project, the
Aqua Hedionda Sewer Lift Station and Trunk Line.
SP 144 (M) has been withdrawn.
Encina Specific Plan 144fl\n
On XXXXX. 2011. the Carlsbad City Council adopted Ordinance No. CS-
XXX, approving SP 144(N) to delete and modify Specific Plan provisions
regarding generation of electrical energy and Encina Power Station
consistency with city land use standards. These changes clarify the Encina
Power Station is not consistent with the General Plan and Zoning Ordinance.
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 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 (BE), referenced in this Specific
Plan, provides information on the Carlsbad Seawater Desalination Project
and associated infrastructure, which were approved concurrently with
amendment 144(J) to this Specific Plan. PDP 00-02(BE) also provides
details regarding the existing Encina Power Station.
Encina Specific Plan 144(N)
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 POP 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. However, outside the PDP area,
there are no further infrastructure plans proposed to support any
development of any existing undeveloped or open space areas within the
Specific Plan area.
Other them the infrastructure contcmplotcd in PDP 00 02(BE) ond
other permits rclotod to the Corlsbod Scawotcr Dcsolination Project and not
yet constructed, and any infrastructure referenced in the previously
approved Local Facilities Management Plan described below, there ore no
other planned or approved, but OG yet unbuilt, changes or additions to
infrastructure facilities in the Specific Plan orco. Because additional growth
ond development within the Specific Plan area is not proposed, there ore no
further infrastructure plans proposed to support ony 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 area is located within Zone 1,
Encina Specific Plan 144(N)
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 arc no present proposals for additional development in the
Specific Plon orca ond therefore there will be no additional need for
infrastructure facilities at this time beyond those required for the
development in the PDP 00 02(BE) area. PDP 00-02(BE) is consistent with
the LFMP for Zone 1 and Zone 3, and infrastructure within the PDP 00-
02(BE) area will be subject to requirements of PDP 00-02(BE). All future
development occurring with PDP 00-02f E) or elsewhere within 5P 144 will
require analysis to determine consistency with the Growth Management
Program, including relevant LFMPs, and infrastructure needs.
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 PDP 00-02(BE).
At this time, there is no additional development proposed for the
lagoon or agricultural/open space areas of Specific Plon 144. Regulations for
the development of Specific Plan the-aqricultural and open space areas are
included in thtee Specific Plan 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 Plan and Amendments A-G-N_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(BE) portion of this Specific Plan 144 will require an amendment to this
Encina Specific Plan 144(N)
Specific Plan. Any additional development within the PDP 00-02(BE) area
will not require an amendment to this Specific Plan unless it is considered a
"formal amendment" as described in PDP 00-02(BE).
Specific Plan Amendments 144(A-H, JN) established the following
standards and requirements, (some of which have been satisfied as of the
date of Specific Plan 144(KN)):
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
Encina Specific Plan 144(N1
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. Thot the proposed site for a future power generating
facility on the East side of Interstate 5 shall be planned
so as to be compotiblc with the present facility. The
facilities shall meet the requirements of the State ond
Federal regulations ond sholl 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:
Encina Specific Plan 144(N)
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 V2 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.
Encina Specific Plan 144(N)
(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
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
Encina Specific Plan 144(N)
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,
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
Encina Specific Plan 144(N)
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.
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.
Encina Specific Plan 144(N)
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 (BE) (adopted concurrently
with Specific Plan amendment 144(J]\I)) and are hereby incorporated into
this document by reference. The Public Utility (P-U) zoning district, Zoning
Ordinance Chapter 21.36, is the primary source of the standards and
conditions established within PDP 00-02 (BE). Other standards and
conditions in PDP 00-02 (B|E) originate from related regulations and
documents discussed in Chapter III of PDP 00-02 (BE).
The EPS is not a permitted use in the P-U zoning district or within the
boundaries of PDP 00-02(E). Further, both the P-U Zone and PDP 00-02(E)
clarify generation of electrical energy is permitted in the Coastal Zone only if
(1) bv a government entity or by a utility company authorized or approved
for such use by the California Public Utilities Commission and (2) it is an
accessory use that generates fewer than 50 megawatts. Both the P-U Zone
and PDP 00-02(E') also clarify that a generating capacity of 50 megawatts or
more is prohibited in the Coastai Zone. Further information about the EPS
may be found in the Introduction and in chapters I and III of PDP 00-02(E).
As described in PDP 00-02 (BE), any formal amendments to PDP 00-
02 (BE) will be incorporated into the Specific Plan 144 and will require an
amendment to.,, or comprehensive update of, this Specific Plan as determined
bv the City Council.
Encina Specific Plan 144(N)
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(JI\l) authorizes no new development in
the Specific Plan area over and above that allowed by Precise Development
Plan 00-02(BE). The City of Carlsbad has instituted zoning regulations for
the area covered by Specific Plan 144(]NO). 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
SP 144 incorporates the Carlsbad General Plan land use designations
for the area covered by the Specific Plan. 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
144 is not consistent with General Plan land use designations shown in
Exhibit C attached to this document.
Encina Specific Plan 144(N)
The General Plan for the City of Carlsbad designates the land
contained in the SP 144 area as RH "Residential High Density," U "Public
WttityUtilities," 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 Land Use element
describes the U designation's primary functions as follows: The Gcncrol Plon
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 servo oil or
D substantial portion of the community."
Primary functions may include such uses as the 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.
The Specific Plan provides regulations for the development of the
Encina Power Station which provides "gcncrotion of clcctricol cncrgy/-and
incorporates the PDP 00-02(BE). The POP 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 ond desalination plant ore uscsjs consistent with
the provisions of the General Plan. Other than the desalination plant,
Specific Plan 144(JN) authorizes no additional development.
The Encina Power Station is not consistent with the General Plan
Public Utilities designation since its primary function is generation of
electrical energy and it is located within the Coastal Zone.
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 included a revision to
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. The specific
plan does not provide for any new development to occur in these areas,
Encina Specific Plan 144CN)
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.
Encina Specific Plan 144(N)
Legend
Specific Plan Boundary
Precise Development Planning Area
MIDDLE
AGUA
HEDIONDA
LAGOON
OUTER
AGUA
. , HEDIONDA
\ \ \ LAGOON
INNER AGUA
HEDIONDA LAGOON
PACIFIC
OCEAN
J:\Requests\Planning\417S279_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
Precise Development Planning Area
/
».. . •* -•*"*"• ~ j- Xj* .a^t * 5 ifSL/Ji*
Specific Plan 144
General Plan Map
Exhibit B
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
""
Specific Plan 144
Zoning Map
Exhibit C