HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70391 PLANNING COMMISSION RESOLUTION NO. 7039
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
3 AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TO CHANGE
THE PUBLIC UTILITIES LAND USE DESIGNATION REGARDING
4 GENERATION OF ELECTRICAL ENERGY.
CASE NAME: CECP AMENDMENT
5 CASE NO.: GPA 14-01
^ WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
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authorized the Mayor to execute an agreement (Agreement) between the City of Carlsbad (City), the
Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC
(Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
change in the proposed technology of the approved Carlsbad Energy Center Project (CECP) Plant and
the submittal of a Petition to Amend (PTA) application to the California Energy Commission (CEC) for
approval of this technology change, conditioned upon the decommissioning, demolition, removal and
remediation of the current Encina Power Station (EPS) site, as well as other infrastructure and
property considerations beneficial to the residents of Carlsbad; and
2g WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
17 legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
18 the changed circumstances, reduced environmental profile and significant community benefits
1^ associated with the project amendment; and
2^ WHEREAS, in response to City Council Resolution 2014-010, the City Planner has filed a
verified application for an amendment to the General Plan, GPA 14-01, to amend the Land Use
Element, and specifically the land use classification "Public Utilities"; and
WHEREAS, said verified application constitutes a request for a General Plan Amendment
as shown on Exhibit "X - GPA 14-01" dated April 16, 2014, attached hereto and on file in the Carlsbad
Planning Division, CECP Amendment - GPA 14-01, as provided in Government Code Section 65350 et.
seq. and Section 21.52.150 of the Carlsbad Municipal Code; and
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1 WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
2 hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CECP Amendment - GPA 14-01, based on the following
findings:
Findings:
12 1- GPA 14-14-01 responds to City Council Resolution 2014-010 and is consistent with the concerns
and intent and the public health, safety and welfare objectives of in that:
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The Public Utilities (U) General Plan land use designation will be amended to specify
15 that a primary function of the U designation "...may include the generation of
electrical energy by fossil fuel only if it is the subject of and consistent with the
16 Agreement between and among the City of Carlsbad (City) and the Carlsbad Municipal
Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San
1^ Diego Gas and Electric and approved by the City and CMWD on January 14, 2014."
1^ b. In accordance with the Agreement, the decommissioning, demolition and removal of
the EPS by a specific date, removal of all NRG facilities located west of the railroad,
and remediation of the current EPS site, as well as other infrastructure and property
considerations, will be beneficial to the residents of Carlsbad and provide an
opportunity for future redevelopment of the site.
GPA 14-14-01 is consistent with the overall Land Use Element Goals A.1 and A.2, which state:
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A.1 A City which preserves and enhances the environment, character and
23 image of itself as a desirable residential, beach and open space oriented
community; and
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A.2 A City which provides for an orderly balance of both public and private
25 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 environment, character and
image ofthe City.
PC RESO NO. 7039 -2-
1 GPA 14-01 is consistent with these goals because, in accordance with the Agreement, the
Amended CECP will have less impact on the environment by utilizing current "peaker-plant"
2 technology that 1) significantly reduces or eliminates the use of ocean water for cooling, 2)
significantly reduces its hours of operation, noise, air pollutant and greenhouse gas emissions;
and 3) will have a reduced visual profile by being constructed away from the coastline and
partially below grade. Additionally, the decommissioning, demolition and removal of the EPS
by a specific date, removal of all NRG facilities located west of the railroad, and remediation
^ of the current EPS site will allow for future redevelopment of the EPS site, which could include
the adjacent SDG&E North Coast Service Center, with visitor-serving commercial and open
5 space uses to provide residents and visitors enhanced opportunities for coastal access and
services, reflecting the California Coastal Act's goal of "maximizing public access to the coast."
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GPA 14-01 is consistent with the Land Use Element's Special Planning Considerations
8 Regional Issues goal, in that it recognizes the City's role as a participant in regional planning by
continuing to allow facilities that may generate electrical energy, for the city's and the
^ region's benefit, as a permitted primary use.
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The City Planner 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
12 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
13 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
14 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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NEIL BLACK, Chairperson
24 CARLSBAD PLANNING COMMISSION
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
the City of Carlsbad, California, held on April 16,2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
Segall
NOES:
ABSENT:
ABSTAIN:
DON NEU
City Planner
PC RESO NO. 7039
Exhibit X-GPA 14-01
April 16, 2014
GPA 14-01 - CECP Amendment
Revision to General Plan Land Use Element
{Note: Proposed text additions are shown as bold and underlined.
Proposed text deletions are sliown 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 primary public or quasi-public functions designed to serve
all or a substantial portion of the community.
Primary functions may include such uses as the treatment of waste water, public agency
maintenance storage and operating facilities, generation of electrical energy or other primary
utility functions dosignod to serve all or a substantial portion of the community. A primary
function designed to sorvo all or a substantial portion of tho community may atee-include the
generation of electrical energy by fossil fuel only if it is the subiect of and consistent with the
Agreement between and among the City of Carlsbad (City) and the Carlsbad Municipal Water
District (CMWD). Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and
Electric and approved by the City and CMWD on January 14. 2014. if it is located outside tho
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.