HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 7040WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
1 PLANNING COMMISSION RESOLUTION NO. 7040
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
3 REPEAL ORDINANCE CS-158 AND REVOKE AN AMENDMENT TO ZONING
ORDINANCE (ZCA 11-05) CHAPTER 21.36, PUBLIC UTILITY ZONE, AND
4 SPECIFICALLY TO TABLE "A" OF SECTION 21.36.020, PERMITTED USES,
REGARDING GENERATION AND TRANSMISSION OF ELECTRICAL ENERGY.
5 CASE NAME: CECP AMENDMENT
CASE NO.: ZCA 14-01
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g authorized the Mayor to execute an agreement (Agreement) between the City of Carlsbad (City), the
g Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC
10 (Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
11 change in the proposed technology of the approved Carlsbad Energy Center Project (CECP) Plant and
12 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
WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
the changed circumstances, reduced environmental profile and significant community benefits
associated with the project amendment; and
WHEREAS, in response to City Council Resolution 2014-010, the City Planner
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22 recommends the repeal of City Council Ordinance CS-158, which adopted the changes approved by
23 ZCA 11-05, and the revocation of ZCA 11-05, which amended Zoning Ordinance Chapter 21.36, Public
24 Utility Zone, and specifically Table "A" of Section 21.36.020, Permitted Uses, regarding generation and
25 transmission of electrical energy; and
26 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and
2^ related ordinance pursuant to Section 21.52.020 of the Carlsbad Municipal Code to repeal Ordinance
CS-158 and revoke ZCA 11-05; and
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1 WHEREAS, Ordinance CS-158, although adopted on October 11, 2011, is not effective
2 as it has not been approved by the California Coastal Commission; and
WHEREAS, ZCA 14-01 affects all Public Utility (P-U) zoned properties, including those
inside and outside the city's Coastal Zone; and
WHEREAS, the CECP Amendment - ZCA 14-01 is set forth and attached in the draft City
Council Ordinance marked "Exhibit X" and dated April 16, 2014; and
WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, examining ZCA 14-01, analyzing the information submitted by City staff, and considering any
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12 written and oral comments received, the Planning Commission considered all factors relating to
13 ZCA 14-01.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
15 Carlsbad as follows:
1^ A) That the foregoing 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- ZCA 14-01, based on the following
findings:
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Findings:
2. ZCA 14-01 is consistent with the General Plan in that it:
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ZCA 14-01 amends the Public Utilities Zone by revoking ZCA 11-05 and in doing so, enables the
21 amended Carlsbad Energy Center Project to be found consistent with the City's Zoning
Ordinance.
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a. Supports GPA 14-01 in that it permits the generation of electrical energy. GPA 14-01
24 amends the General Plan Land Use Element description of the Public Utilities land use
designation to identify electrical energy generation as a primary use and to specifically
allow the generation of electrical energy by fossil fuel (such as natural gas) only if it is
the subject of and consistent with the Agreement between and among the City of
Carlsbad (City) and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I
2y LLC and Carlsbad Energy Center LLC, and San Diego Gas and Electric and approved by
the City and CMWD on January 14, 2014.
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b. Recognizes the City's role as a participant in regional planning, consistent with the
Land Use Element's Special Planning Considerations-Regional Issues goal, by
continuing to allow facilities that may generate electrical energy for the city's and the
region's benefit as a permitted, primary use.
ZCA 14-01 reflects sound principles of good planning in that it supports City Council Resolution
2014-010, is consistent with the General Plan, as amended by GPA 14-01, and simply restores
text in Section 21.36.020 ofthe Carlsbad Municipal Code - Public Utility (P-U) which allows the
"generation and transmission of electrical energy", which was in effect prior to the approval
of ZCA 11-05 and adoption of Ordinance CS-158.
ZCA 14-01 is consistent with the Local Coastal Program in that the Local Coastal Program
Amendment (LCPA 11-06) associated with ZCA 11-05 has not been approved by the
California Coastal Commission (CCC). Therefore, because ZCA 11-05 is not in effect in
the Coastal Zone, revocation of ZCA 11-05 and repeal of Ordinance CS-158 would have
no impact on the Local Coastal Program. The approval of ZCA 14-01 would not be subject
to CCC approval as it simply restores prior text regarding the generation and
transmission of electrical energy that was previously approved by the CCC.
ZCA 14-01 is consistent with the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project (SCCRP) in that it permits the generation and transmission of
electrical energy, which the SCCRP, in Section VI (600), identifies as uses that may be
permitted in the SCCRP Project Area upon the satisfaction of certain criteria.
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
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.
PC RESO NO. 7040 -3-
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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:
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7040 -4-
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EXHIBIT X
April 16, 2014
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING ORDINANCE CS-158 AND
REVOKING AN AMENDMENT TO ZONING ORDINANCE CHAPTER
21.36, PUBLIC UTILITY ZONE, AND SPECIFICALLY TO TABLE "A"
OF SECTION 21.36.020, PERMITTED USES, REGARDING
GENERATION AND TRANSMISSION OF ELECTRICAL ENERGY.
CASE NAME: CECP AMENDMENT
CASE NO.: ZCA 14-01
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to repeal Ordinance CS-158 and revoke Zone Code Amendment ZCA 11-05;
and
WHEREAS, the City Council did on the day of 2014 hold a duly
noticed public 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 City Council considered all factors
relating to ZCA 14-01- CECP AMENDMENT; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said ZCA 14-01 be approved as
shown on Exhibit ZCA 14-01, dated April 16, 2014.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That Ordinance CS-158 is repealed and ZCA 11-05 is revoked.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7040 shall also constitute the findings and conditions ofthe
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
day of , 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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Exhibit ZCA 14-01
April 16, 2014
ZCA 14-01 - CECP Amendment
Revisions to Zoning Ordinance Chapter 21.36
P-U Public Utility Zone.
(Note: Proposed text additions are stiown as bold and underlined.
Proposed text deletions are shown as stricken. The changes that are
shown affect only those uses shown below. All other uses in table A are
unchanged by this amendment.)
21.36.020 Permitted Uses
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" Indicates use is permitted. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1
below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Minor Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Minor Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"Acc" Indicates use is permitted as an accessory use.
Use P CUP Acc
Generation and transmission of electrical energy, priman/. bv 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.
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Generation of electrical energy, accessory, by a government entity or by a
company authorized or approved for such use by the California Public Utilities
Onmrnif*f*inn in nr niitpiHn thn r^mptil 7nnf* '^nrl lirnitf^H tn nf^nf^ritinn r*impitw V
1 Irl IIODIV^I 1 III Ui \./UlOiUC7 li IO wUCtOimi ^Ui IC CII iU IliiiilCU lU d ^Ci id Clllli^ vCI|JCiviLj
of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is
prohibited in the Coastal Zone.
Transmission of electrical energy if conducted by a government entity or by a
company authorized or approved for such use by the California Public Trades
Commission