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HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70411 PLANNING COMMISSION RESOLUTION NO. 7041 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL 3 APPROVE AN AMENDMENT TO THE ENCINA POWER STATION PRECISE DEVELOPMENT PLAN PDP 00-02(F) LOCATED AT 4600 CARLSBAD 4 BOULEVARD, ALONG THE SOUTH SHORE OF THE AGUA HEDIONDA LAGOON AND WEST OF INTERSTATE 5 AND WITHIN LOCAL FACILITIES 5 MANAGEMENT ZONES 1 AND 3. CASE NAME: CECP AMENDMENT ^ CASE NO.: PDP00-02(F) 7 8 9 10 11 12 13 14 15 WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which 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 15 property considerations beneficial to the residents of Carlsbad; and 17 WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior 18 legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect 1^ 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 recommends amending the Encina Power Station Precise Development Plan, PDP 00-02(E); and WHEREAS, the City ofCarlsbad has filed a verified application for property described as: 20 21 22 23 24 „ That portion of Lot "H" of Rancho Agua Hedionda in the City of 25 Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County 26 Recorder of San Diego County, November 16, 1896, as described in Certificate of Compliance recorded October 30, 2001, as Document No. 2001-0789068, Parcel 4 (Assessor's Parcel Numbers 210-010-46) 27 28 ("the Property"); and 1 WHEREAS, said verified application constitutes a request for an amendment to Precise 2 Development Plan PDP 00-02 - CECP Amendment - PDP 00-02(F); and WHEREAS, Precise Development Plan PDP 00-02, provides land use information, procedures and standards for the Encina Power Station, consistent with the Public Utility Zone as found in Municipal Code Chapter 21.36; and WHEREAS, the City Planner has prepared a proposed Precise Development Plan Amendment and related ordinance pursuant to Section 21.36.040 and Section 21.52.020 ofthe Carlsbad Municipal Code; and WHEREAS, the proposed CECP Amendment - PDP 00-02(F) is set forth and attached in the draft City Council Ordinance and in the revised Encina Power Station Precise Development Plan, 3 4 5 6 7 8 9 10 11 12 both marked "Exhibit X" and dated April 16, 2014; and 13 WHEREAS, changes to the attached PDP 00-02(F) document are shown in underline for 14 added text and strikeout for deleted text; and 15 WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public 1^ 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 Precise Development Plan amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 17 18 19 20 21 22 23 B) That based on the evidence presented at the public hearing, the Commission 24 RECOMMENDS APPROVAL of CECP AMENDMENT- PDP 00-02{F), based on the following findings: 25 26 Findings: 21 1. The amendment to the Encina Power Station Precise Development Plan, PDP 00-02(F), responds to and is consistent with the concerns and intent of the Agreement in that PDP 00-02(F): 28 PC RESO NO. 7041 -2- 1 a. Incorporates the future Amended CECP into PDP 00-02(F) and specifically allows the generation of electrical energy by fossil fuel (such as natural gas) only if it: (1) is built and operated using "peaker configuration" technology that is environmentally friendly and has a low profile; (2) is subject to a cap limiting the amount of power generation facilities allowed on site and the hours of operation; ^ (3) includes 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 5 the current Encina Power Station site, as well as other infrastructure and property considerations beneficial to the residents of Carlsbad; and 7 (4) is the subject of and consistent with the Agreement. 8 b. Deletes much of the text added by PDP 00-02(E) that among other things, prohibits the generation of 50 megawatts or more of electrical energy in the Coastal Zone and ^ makes clear that the expansion of the current Encina Power Station or addition of a new power facility (unless consistent with Zoning Ordinance limitations) would not be consistent with the General Plan. 19 20 21 PDP 00-02(F) is consistent with the General Plan in that: 10 11 12 Properties within the General Plan Public Utilities ("U") land use designation, 13 which is the designation for the properties within the PDP area, require approval of a Precise Development Plan (PDP) adopted by ordinance. 14 In accordance with the General Plan (as amended by GPA 14-01) PDP 00-02(F) permits 15 the generation of electrical energy and specifically allows the generation of electrical energy by fossil fuel (such as natural gas) only if it is the subject of and consistent with 16 the Agreement. 17 3. PDP 00-02(F) is consistent with the Zoning Ordinance in that it maintains the Encina Power Station Precise Development Plan provisions, including development standards, permitting IS procedures, permitted utility and other uses, and identification of applicable regulating land use documents so that PDP 00-02(F) stays consistent with the intent and purpose of the Public Utility Zone as expressed in Carlsbad Municipal Code Section 21.36.010. 4. PDP 00-02(F) is consistent with the repeal of the Encina Specific Plan - SP 144 (SP-144(0)) in that it deletes the requirement for development within the PDP area to be consistent with the Encina Specific Plan, deletes the requirement to amend or comprehensively update SP 144 in 22 association with a formal update to the PDP, and eliminates references to SP 144. 23 5. PDP 00-02(F) is consistent with the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project (SCCRP) in that: 24 The future construction of the Amended CECP and the decommissioning, demolition 25 and removal of the EPS by a specific date, removal of all NRG facilities located west of the railroad, and remediation of the site supports the Redevelopment Goal of Section 26 IV (400) of the SCCRP to facilitate "the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant." 28 PC RESO NO. 7041 1 b. Section VI (600) of the SCCRP, permits the generation and transmission of electrical energy and identifies uses that may be permitted in the SCCRP Project Area upon the 2 satisfaction of certain criteria, including approval of a Precise Development Plan. 3 6. PDP 00-02(F) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that according to 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 g future redevelopment of the site. 7 7. PDP 00-02(F) identifies that environmental review for future construction of the amended CECP, demolition of the EPS, and remediation of the site will be required in accordance with 8 CEQA. 9 8. 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 10 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 11 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. 20 21 24 25 26 27 28 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: 13 14 15 16 .. AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and 17 Segall 18 NOES: 19 ABSENT: ABSTAIN: 22 / ''-^v^^ fa-^ •a.<i-<-^ NEIL BLACK, Chairperson 23 CARLSBAD PLANNING COMMISSION ATTEST: 1^ ^^yi^Aji DON NEU City Planner PC RESO NO. 7041 -4- 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 EXHIBIT X April 16, 2014 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE ENCINA POWER STATION PRECISE DEVELOPMENT PLAN PDP 00-02(F) LOCATED AT 4600 CARLSBAD BOULEVARD, ALONG THE SOUTH SHORE OF THE AGUA HEDIONDA LAGOON AND WEST OF INTERSTATE 5 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: CECP AMENDMENT CASE NO.: PDP 00-02(F) WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a request, consistent with Chapter 21.36 of the Municipal Code, to approve amendment "(F)" to the Encina Power Station Precise Development Plan, PDP 00-02; 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 PDP 00-02(F) - CECP AMENDMENT; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that PDP 00-02(F) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That PDP 00-02(F), dated , 2014, on file in the Planning Department, and incorporated herein by reference, is approved. PDP 00-02(F) shall constitute the development plan for the property and all development within the plan area shall conform substantially to the plan. SECTION 11: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7041 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 certif/ the adoption of this ordinance and cause the full text ofthe ordinance or a 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 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. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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 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 Exhibit X-PDP 00-02(EF) September 7, 2011 PDP 00-02(EF) Encina Power Station Precise Development Plan September 7, 2011 April 16,2014 PREPARED BY: City ofCarlsbad Plarming DepartmentDivision 1635 Faraday Avenue Carlsbad, Califomia 92008 PROPERTY OWNER: Cabrillo Power I LLC 4600 Carlsbad Boulevard Carlsbad, Califomia 92008 ORIGINAL PDP 00-02 PREPARED BY: Hofman Plaiming and Engineering 3152 Lionshead Avenue Carlsbad, Califomia 92010 Encina Power Station Precise Development Plan PDP 00-02 Plan and text to provide land use infoiTnation, procedures and standards; to depict the existing Encina Power Station: and to approve the Carlsbad Seawater Desalination Plant (CSDP) APPROVED BY: Planning Commission Resolution No.6088, May 3, 2006 Citv Council Ordinance No. NS-806. June 20. 2006 PDP 00-02(A) - WITHDRAWN PDP 00-02(B) (An amendment to reconfigure the approved CSDP) APPROVED BY: Planning Commission Resolution No.6632. August 19. 2009 Citv Council Ordinance No. NS-CS-058. September 22. 2009 PDP 00-02(0 (An amendment to incorporate the Agua Hedionda Sewer Lift Station and Trunk Line into the PDP) APPROVED BY: Planning Commission Resolution No.6817, October 5, 2011 Citv Council Ordinance No. CS-167. December 13. 2011 PDP 00-02(D) - VOID PDP 00-02(E) (Changes to power plant standards to clarify that the Encina Power Station is not consistent with the General Plan or Zoning Ordinance due to its location in the coastal zone and its power generation capacity ) APPROVED BY: Planning Commission Resolution No.6806, September 7, 2011 Citv Council Ordinance No. CS-159. October 11. 2011 PDP 00-Q2(F) (Revisions necessarv to support the amended Carlsbad Energy Center Project ( CECP ) APPROVED BY: Planning Commission Resolution No. , April 16, 2014 City Council Ordinance No. ,2014 ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN TABLE OF CONTENTS \. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT 457 B. ZONING ORDINANCE COMPLIANCE 457 C. RELATIONSHIP TO SPECIFIC PLAN 111 9 D:€ ESTABLISHMENT OF BASELINE CONDITIONS 4^8 feP BUILDING PERMIT ISSUANCE FOR ALLOWED USES 44-9 II. PHYSICAL SETTING A. ESTABLISHMENT OF PDP PLANNING AREAS 449 B. EXISTING LAND USES AND CONDITIONS 449 C. APPROVED CARLSBAD SEAWATER DESALINATION FACILITY 4^12 D. PRQPOSED SEWER LIFT STATION 4913 E. SURROUNDING DEVELOPMENTSAMENDED CARLSBAD ENERGY CENTER PROJECT- 4413 F. SURROUNDING DEVELOPMENTS 3014 III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS A. EIR 03-05. ADDENDA. AND&-MNP MITIGATION MONITORING & REPORTING PROGRAM (MMRP) 2415 B. MND MITIGATION MONITORING & REPORTING PROGRAMPDP 00-02(0- MITIGATED NEGATIVE DECLARATION AND MMRP 2+15 C. CITY OF CARLSBAD GENERAL PLAN 22]6 D. SPECIFIC PLAN HI (L) 16 E. D SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN-PROJECT (SCCRP) ..3^16 F. E LOCAL COASTAL PROGRAM COMPLL\NCE 2417 GROWTH MANAGEMENT PROGRAM COMPLIANCE 2418 44.G COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD 2619 LH. COASTAL RAIL TRAIL 2619 W. HABITAT MANAGEMENT PLAN 2^20 KiDEVELOPMENT AGREEMENT-DESALINATION FACILITY 2?20 hrK REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION 2«21 rv. DEVELOPMENT STANDARDS 2922 V. PUBLIC IMPROVEMENTS A. PUBLIC IMPROVEMENTS OVERVIEW W29 Encina Power Station Precise Development Plan - PDP 00-02(BF} Page 1 B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT ^29 VI. PROCEDURES AND AMENDMENTS A. PDP APPROVAL ^29 B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES U30 C. FORMAL AMENDMENTS TO APPROVED PDP 2930 D. CONSISTENCY DETERMINATION WITH APPROVED PDP ^31 Encina Power Station Precise Development Plan - PDP 00-02(G'l:) Page 2 LIST OF EXHIBITS EXHIBIT 1: Regional Map EXHIBIT 2: Vicinity Map EXHIBIT 3: Cabrillo Power Properties - Zoning Map EXHIBIT 4: Cabrillo Power Properties - General Plan Map /Local Coastal Program Boundary EXHIBIT 5: PDP 00 02 and SP H4 Plan Boundariea/Public Dedication EXHIBIT 6: Cabrillo Powor/SDG&E Ownership Map EXHIBIT 75: PDP Planning Areas EXHIBIT 86: Site Plan with CSDP and SLS EXHIBIT 9: PA 1 Existing Conditions EXHIBIT 10: PA 2 Existing Conditions EXHIBIT 11: PA 3 Existing Conditions EXHIBIT 12: Before/After Desalination Plant: Aerial Photo Simulation EXHIBIT 13: Conceptual Photo Simulation ofthe SLS EXHIBIT_447: South Carlsbad Coastal Redevelopment Plan Boundarv/Public Dedications Encina Power Station Precise Development Plan - PDP 00-02(( F) Page 3 APPENDIX ITEMS A= Encina Power Station/Specific Plan 144: Background History ft Desalination Plant: detailed exhibits and drawings (Revised per PDP 00 02(B)) Gi Sewer Lift Station: detailed exhibits and drawings (Revised per PDP 00 Q2(C)) D^ Applicable Ordinances, Resolutions and Regulations Encina Power Station Precise Development Plan - PDP 00-02((: F) Page 4 GLOSSARY OF TERMS AHL Cabrillo CBC CCC CECP CEQA City CRT CSDP EIR EPS EWPCF Lagoon LCP LFMP MMRP MGD MND NCTD PA PDP Poseidon PRC SCCRP SDCWA SDG&E SLS SP144 Agua Hedionda Lagoon Cabrillo Power I LLC Caiifornia Energv Commission Califomia Coastal Commission Amended Carlsbad Energy Center Proiect* Califomia Enviroimiental Quality Act City ofCarlsbad Coastal Rail Trail Carlsbad Seawater Desalination Plant Enviroimiental Impact Report Encina Power Station Encina Wastewater Pollution Control Facility Agua Hedionda Lagoon Local Coastal Program Local Facilities Management Plan Mitigation Monitoring and Reporting Program Million Gallons per Dav Mitigated Negative Declaration North County Transit District Planning Area Encina Power Station Precise Development Plan Poseidon Resources Corporation Poseidon Resources Corporation South Carlsbad Coastal Redevelopment Plan San Diego County Water Authority San Diego Gas and Electric Proposed Agua Hedionda Sewer Lift Station and Associated Improvements Specific Plan 144 *As described in the .Janiiarv 14. 2014. seulenient agreemenl approved hy and allached to Cily Coimcil Resolmion 20 U-O 10. Encina Power Station Precise Development Plan - PDP 00-02(('1) Page 5 INTRODUCTION • The-This Precise Development Plan (PDP) is intended to serve as an informational and regulatory document to meet the City's zoning requirements for the Public Utility Zone, as the zone applies to the Encina Power Station (EPS). Theis PDP applies to BPS4s-approximately 95 acres of property owned by Cabrillo Power I LLCm-si^. The property-and is located between Cannon Road and the south shore of the Agua Hedionda Lagoon (AHL) and extends east from Carlsbad Boulevard to Interstate 5. along the south shore of Agua Hedionda Lagoon (AHL). Within the PDP are Four existing, primary uses (Exhibit 6): 1. The Encina Power Station (EPS), which is owned and operated by Cabrillo Power I LLC and Carlsbad Energv Center LLC (collectively, NRG.) The primary function of the EPS is electrical power Reneration. The EPS is currently capable of producing 965 Megawatts (MW) of electricity and providing rouuhlv 25% of San Diego County's total energy requirements. • Electrical power generation is the primary function ofthe EPS. m-The EPS is currently capable of producing 965 Megawatts (MW) of electricity and providing 25% of San Diego County's total energy requirements. •—The EPS is owned by Cabrillo Power 1 L.L.C. •—The EPS has a Public Utilities (""U") General Plan land use designation. Primary functions of the U designation may include generation of electrical energy, including by thermal electric power generating facilities such as the Encina Power Station, outside the Coastal Zone only. •—The EPS has a Public Utility ("P-U") zoning. In the P U Zone, generation of electrical energy is not a permitted use in the Coastal Zone but is permitted as an accessory use in the Coastal Zone if it generates fewer than 50 megawatts. The P-U Zone also clarifies that a generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. •—Whether inside or outside ofthe Coastal Zone, generation of electrical energy, including as an accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the Califomia Public Utilities Commission. Cabrillo Power I L.L.C. currently generates electricity at the Encina Power Station as authorized by the Califomia Public Utilities Commission. •—The EPS is located inside the Coastal Zone. Because of its location, primar}^ ftmction and generating capacity, the EPS is inconsistent with the General Plan and not a permitted use in tho P U Zone or this PDP. •—The PDP was the primary approval process for the The Carlsbad Seawater Desalination Project (CSDP). a facilily which when completed in 20U) Nvill produce ^-50 m4fe>n gallon per day MGD of desalinated water for distribution to the San Diego County Water Encina Power Station Precise Development Plan - PDP 00-02(t'F) Page 6 Authority's Second .Aqueduct and the region's water supplyfaeility. at the EPS. The CSDP is owned by Poseidon Resources Corporation, owner of the CSDP, whieb-has entered into a long-term lease with Cabrillo Power I LTLTC. 9 The PDP is also the primary approval process for the Agua Hedionda Sewer Lift Station (SLS)—a 50 MGD eapiieity sewer feeility and associated improvements are part of a regional sewage collection system (Vista/Carlsbad Sewer Interceptor System) which receives sewage flow from the cities of Vista and Carlsbad. The SLS is maintained and operated by Encina Wastewater Authority (EWA) by agreement with the cities. It has been approved for expansion and upgrade witli construction scheduled to begin in late 2014. 4. Upland aquaculture operations and processing areas. Within the boundaries of the PDP. between the railroad tracks and Interstate 5, NRCi has received approval to construct a 558 Megavvali power plant, the "'Carlsbad Ivnerav Center Proiect." 'fhe California ['.nergv Commission licensed (approved) this projeet in 2012. but the proiect has not beenconslructed, Since the licensing, dramatic changes in the Southern California energv supply environment have occurred due to the unexpected closure of the San Onofre Nuclear Generating Station. This lias resulted in an accelerated and increased need for power. Additionally, San Diego (ias and i'llectric has indicated interest in purcltasiitg povyer trom the CECP. but onlv if NRG was willing to change the proposed technology ofthe (1 CP and seek approval ofthe change from the CEC':. Inresponse.NRGispropi)suigjoamenditsapprovalandbuijdapowerplantthatismore environmentally friendly, has a lower profile, and uses "peaker configuration" technology, among other things. Furthermore. NRG is inierested in stibmilting its amendmeni proposal to the Energy Commission, but onlv if the Citv ofCarlsbad would be supportive of such an application. The purpose of Precise Development Plan Amendment PDP 00-02( F) is to support City Council Resolution 2014-010, dated January 14, 2014. which authorized the Mayor to execute an agreement (Agreement) between the City ofCarlsbad (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 Citv 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. This support is conditioned upon the decommissioning, demolition and removal of the EPS by a specific date, removal of all NRG faciUties located west of the railroad, and remediation ofthe current Encina Power Station (EPS) site, as well as other infrastmcture and property considerations beneficial to the residents of Carlsbad. Resolution 2014-010 also directed 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 amendment. Ifie future Amended CECI^ electric generating plant and related facilities are._imder the California Energy Commission's licensing jurisdiction and cannot be constructed or operated Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 7 without the Energv Commission's certifiealion. It is the CIX', not the City ofCarlsbad. which has review approval and autiiority over the future Amended CI-"Ci\ The PDP: a. Depicts the existing land uses and baseline conditions. b. Establishes development standards consistent with applicable land use standards such as the General Plan, Specific Plan 144, Agua Hedionda Land Use Plan and Zoning Ordinances. c. Includes provisions for administrative approvals for minor accessory uses and facility modifications necessary for daily power generation, desalination, sewer treatment, and other operations and to meet security requirements, consistent with the limitations of the EPS as a use inconsistent with the General Plan and Zoning Ordinance. d. Establishes PDP amendment procedures. d. Facilitates building permit issuance for allowed land uses at the EPSwithin the PDP area. e. Recognizes that NRG has begun the process to completely shut down and demolish the Encina Power Station structures and begin the process to remediate and redevelop the site.T f Identifies the location for the future development of the Amended CECP proiect which proposes a plant that is more environmentally friendly, lower profile, utilizes "peaker configuration" technology, and which caps the amount of power generation and hours of operation. g. Establishes PDP amendment procedures. PDP Chapters: I. Purpose of the Precise Development Plan II. Physical Setting III. Incorporation of Applicable Regulations and Documents IV. Development Standards V. Public Improvements VI. Procedures and Amendments Encina Power Station Precise Development Plan - PDP 00-02((:' F) Page 8 I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP) A. P-U ZONE AND PDP REQUIREMENT The Encina Power Station (EPS)PDP project area, located on the southem shore of Agua Hedionda Lagoon (AHL), west of Interstate 5 and east of Carlsbad Boulevard, has a Public Utility (P-U) zoning designation per City of Carlsbad land use regulations. Exhibit 1 (Regional Map) and Exhibit 2 (Vicinity Map) locate the site within the northem San Diego County coastline. The history and operations of the powerplant are summarized in Appendix A. Standards for the EPS were originally approved by Specific Plan 144 (SP-144) in 1971. Subsequently, in 1975, the P-U zone was revised to require approval of a PDP prior to development. A summary of the 50 MGD approved facility CSDP owned by Poseidon Resources Corporation is provided in Secfion II.C of this document. In addition, a summary ofthe 50 MGD SLS owned by the City of Carlsbad is provided in Section II.D of this document. The Public Ufility Zone, Chapter 21.36 of the Carlsbad Mtmicipal Code, implements the corresponding General Plan designation of Public Utilities (U). Exhibit 3 (Zoning) and Exhibit 4 (General Plan) depict these land use designations, respectively. Section 21.36.020 of the PU Zone Chapter The lists of permitted uses and structures (Section 21.36.020) in the PU Zone . Per Secfion 21.36.020, generafion of electrical energv is a pemtittod, primary use outside the City's Coastal Zone only but is permitted as an accossory use in or outside the City's Coastal Zone only if it is limited to a generating capacity of fewer than 50 megawatts. Further, Section 21.36.020 clarifies that generation of electrical energy, whether as a peimitted primary or accessory use, is only acceptable if by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission. Other permitted uses in the P-U Zone include the includes the geneitition and transmission of electrical energv. energy transmission taciliiies if conducted by a government entity or by a company authorized or approved for such use by the Califomia Public Utilities Commission, use and storage of fliel oils, er^'-gy-tftHmw^sion, wastewater facilities, and related facilities. The processing, use, and storage of domestic and agricultural water supplies are also identified as permitted uses in the P-U Zone. Accordingly, the existing1 [PS and CS])P, approved SLS. and Amended ( '1:.CP are pennitted uses. JHH^je4f-efttxu4s-pre€essi«§T^^ is a peffliitted use in the P-fJ -/j^m-: The P-E- Zone additioHahy permits faeiiities that di^ipe^ie,--4reai--a}^«?eiaim-W'aste Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or entitlements "tmtil a precise development plan has been approved for the property". This document is prepared consistent with the requirements of the P-U Zone, and serves as the site's official PDP. The PDP serves as the primary entitlement for the CSDP and SLS. In the future, tThe CSDP, SLS, and other potential improvements contemplated for the EPSwithin the PDP area w444-require building permits as necessani,t eOther future Encina Power Station Precise Development Plan - PDP 00-02(€ F) Page 9 improvements may also require entitlements, including amendments to this PDP. Additionally, Ssince the EPS-PDP proiect area is within the boundaries of the SCCRP, it is subject to the provisions of this plan as discussed further in Section III. BD. B. ZONING ORDINANCE COMPLIANCE Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for certain public utility and related uses subject to a precise development plan procedure to: ''Insure compatibility of the development with the General Plan and the surrounding developments" The PDP satisfies the above by providing: 1. a baseline of existing conditions (December 2010) 2. guidance for building permit and entitlement issuance for allowed uses 3. establishment of planning areas 4. development standards that require General Plan compliance 5. amendment and implementation procedures 6. linkage to other related regulations, approvals, and doctiments Consistency with the General Plan will allow for continued compatibility with the surrotmding developments in the adjacent area, further discussed in lI.E of this document. A list of related regulations, approvals, and documents is provided in Appendix D. ''Insure that due regard is given to environmental factors " The certification of an Environmental Impact Report (EIR) was processed concurrent with the approvals for the CSDP, as well as this PDP. EIR 03-05 and implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP) satisfied the above regarding adequate environmental review. The adoption of a Mitigated Negative Declaration (MND) for the SLS was processed conctirrent with the approvals for the SLS, as well as this-the associated PDP amendment (PDP 00-02(C). The MND, and implementation of the corresponding MMRP, is adequate environmental review for the project. Environmental review for the future development ofthe Amended CEXT, itiehiding shut- down and demolition of the EPS and remediation ofthe site, will be required in accordance with CEQA and conducted bv the California fjiergy Commission. 1'he California Energy Commission is the lead agency under the California Environmental Quality Act (CEQA) for the Amended CECP and has a certified regulatory program under CEQA. Under its certified program, the Energy Commission is exempt fi'om having to prepare an environmental impact report. Its certified program, however, does require environmental analysis of the project, including an analysis of alternatives and mitigation nicasures l.o minimize any significant adverse elTecl the project mav have on the environment. Encina Power Station Precise Development Plan - PDP 00-02(( F) Page 10 Future projects not subject to the CEC or CPUC will require CEQA review bv the City of Carlsbad prior to issuance of entitlements or permits. "Provide for public improvements and other conditions of approval necessitated by the development" The above will be satisfied by compliance with conditions of approval for related permits of uses allowed by the PDP, including the C^l'DCSDP and SLS. Public Improvements are addressed in Chapter V. TO SPF< Speeifie Plan 144--(SP 144) was approved by the City ofCarlsbad in 1-974 covering the powerplant a.nd-i4l--relaled propert^y^H»v>^4€d-at-^4ha^4i^-He---^'• Saft-Diegtv-GaS" &-4^-le€tri€ addition to areas west of t-5. Ivxhibit 5-depietsHrhe-everiapping boundaries ol--SfM44-and the PDPT 'fhe ownership ofthe pow-erphwEproperty by Cabrillo Power I LLC (Cabrillo) is combined ¥ri4h their ownerslwp-e-f adjacent tagoen-w^et^wrei^tHtfHlH3afrtH^ only te the land area owned by Gabrillo and zoned P-fJ since the lagoon-water is zoned ()pef^4^paee40S->-E^4v^^ One of the related tsntitlenieuts tor the StS is an amendment to SP 144- In 2006; SIM44EH)-w8s4^>fma4l^adopted-tc>-- \m I iide-the44>]^area-wto-the-Speei4k-T^4at^^ 11) .- gp-,.,,).4.4.(4^4s-4}^i^x-a^^^^^ with amettdment to the P4j>P-^via4^4>P4)0- 02fB) f(>r the C^SDP approved in 3009, SP 144(4), as well as P4)4^ .()0-02fA); are the file •H«iHftbeft^t4K4-vs^re-ass-ig»ed--t(^^^^^^^ •that4ttstead4^regulated--by the 4H4i4ofHia4:HtefgyCVHW^ }:f0}^:,...,gji-,444_.afe4neerpt^^ into Ghapter IV, OevelopmeHt Standards; SP l44fE). as well-as PDP ()0-03(t-): are the D. ESTABLISHMENT OF BASELINE CONDITIONS The existing conditions and land uses within the P-U Zone as it relates to the EPSthis site are established. This is an important function of the PDP since it will serve as the development baseline for any tutere project implementation at the EPSthis site, such as the approve4-CSDP and approved SLS expansion and iipgrade. Existing conditions and land uses are outlined in Chapter II, Physical Setting. Encina Power Station Precise Development Plan - PDP 00-02(€ F) Page 11 E. BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES This document is designed to ensure compliance with applicable regulations prior to the issuance of any building permit or entitlement for development within the PDP jurisdiction. Chapter IV provides development standards, outlines allowed and conditional uses, and establishes other provisions. In addition, Chapter III of the PDP incorporates by reference all other applicable regulations, permits and documents. By providing a PDP for the property as required by the Zoning Ordinance-^and as a guide to assess implementation compliance, this document facilitates building permit and entitlement issuance procedures. II. PHYSICAL SETTING A. ESTABLISHMENT OF PDP PLANNING AREAS Exhibit ?-5_(PDP Planning Areas) shows the PDP area and corresponding Planning Area boundaries. The Assessor's Parcel Numbers (APN) for the land within the PDP are 210'01041 andjs 210-010-4M6. As determined by these APNs the area of the PDP is approximately 95^ acres. B. EXISTING LAND USES AND CONDITIONS The EPS and the AHL are well-established features of coastal North County. AHL is connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD railroad, and 1-5. The lagoon is an integral part of the EPS since it provides the source of seawater that is vital to the cooling operations of the power plant's steam turbines in service. Exhibit 8-6_(Site Plan with CSPD and proposed SLS) as well as the exhibits contained in Appendix B & C shows existing structures, paved and parking areas at the EPS, and the locations of the as well as the approved CSPDCSDP. SLS, aquaculture operations and proposed SLS locationsfuture Amended CECP. Planning Areas 1, 2, and 3 are also depicted on this exhibit. Most existing structures and uses described for each of the planning areas below are part of the EPS. However, generation of electrical energy is not a permitted use in the Coastal Zone unless it an accessory use and generates fewer than 50 megawatts. A generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. Planning Area 1 (PA 1) Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally located south of the outer AHL, and adjacent to Carlsbad Boulevard. PA 1 contains the Encina Power Station Precise Development Plan - PDP 00-02(€F) Page 12 most recognizable features of the ptertEPS: the power generating facility and emissions stack are located on the westem portion of this Planning Area. The boiler/turbine building is the main building onsite and is approximately 200 feet in height. The stack reaches a maximum height of 400 feet. Other facilities located in PA 1 include water, steam, and natural gas pipelines. An NCTD rail line forms the eastem boundary. The primary land uses in PA 1 are the power generating facility and emissions stack, support facilities, the electrical switching station and related facilities, the water intakes, and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic Reduction SCR (pollution control technology) are located within this PA. The perimeter landscaping along Carlsbad Boulevard and a portion of the south shore of the outer AHL basin is also located within PA 1. In addition to the major stmctures listed above, the main entrance to the EPS is located in Planning Area 1, at 4600 Carlsbad Boulevard, south of AHL. The seawater desalination demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of the CSDP, including the intake pump station and intake & discharge pipelines, are located in PA 1. A total of 174 spaces are available at various parking lots within Planning Area 1, shown on Exhibit 9, to serve existing uses and the CSDP (Parking discussed in IV). Other Existing Onsite Uses in PA 1 include: o Chemical and chemical waste storage tanks o Water tank storage facilities o Mobile Office Trailer (4,330 square feet) o Communications facilities o Constmction materials storage o Fabrication/machine shops o Vehicle storage areas o Shipping/receiving areas o Administrative support areas o Fire brigade facilities o Trash recycling facilities o Processing, use and storage of natural gas, and liquid natural gas o Processing, use and storage of water supplies o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Railroad access and loading/unloading facilities o Seawater desalination demonstration facility o Discharge pond o Seawater intake o Upland aquaculture operations and processing areas Encina Power Station Precise Development Plan - PDP 00-02((-F:) Page 13 The Selective Catalytic Reduction (SCR) facility and related equipment are located to the southeast of turbine Unit 5 of the power generating facility. Components related to implementation of the SCR facility located onsite include: two aqueous ammonia storage tanks, tmck unloading station, and piping from the storage tanks to the boilers. The seawater desalination demonstration facility is located north of the main gate off Carlsbad Boulevard. The seawater desalination demonstration facility supply pump is capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the demonstration facility. The objective of the demonstration plant is to develop data for the monitoring ofthe futtm? full-scale (50 MGD) CSDP facility. This demonstration facility utilizes approximately 23 existing parking spaces, which will be re-established when the seawater desalination demonstration facility is no longer needed onsite. The area is surrounded by trees and shmbs, which serve to screen the facility fi-om views along Carlsbad Boulevard and from the north shore of the AHL. The maximum height of this facility is less than 20 feet. Planning Area 2 (PA 2) Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. PA 2 is the site for the future Amended CECP. It currently contains four large fuel oil storage tanks, which are generally located between 1-5 and the NCTD railway, and north of the overhead electrical transmission lines. Fuel oil was formerly the primary fuel source used to fire the electricity generating boilers at the EPS. However, beginning in the 1970s, the EPS switched to use natural gas as the primary fuel consumed in the production of electricity because of its lower emissions and costs. 4ft~-^^eeent-¥ear^jAs late j|s 20()1, natural gas curtailments to the EPS resulted in an increased, though intermittent reliance on fiiel oil. This-situation could occur-a^wn-in future year.s4f-enei^yHajpply-and demand reach-peak levels-atid natural gas-availability is searee-r The land use activities in this plaiming area are not readily visible to offsite viewers as the storage tanks are set below grade and are further visually screened by west-facing, east- facing, and north-facing landscaped berms. The primary existing land use activity in this plarming area is the storage of fuel oil. Similar to PA 1, other existing activities in this PA include: o Processing, use and storage of natural gas and liquid natural gas o Processing, use and storage of water supplies o Use and storage of petroletim-based fuels and fuel oils o Fuel oil pipelines and booster stations o Maintenance, storage and operating facilities o Communications facilities o Administrative and training support facilities o Dredging operations facilities and storage Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, which will be demolished once the SLS, to be located adjacent and east of the existing sewer lift Encina Power Station Precise Development Plan - PDP 00-02((r F) Page 14 station within PA 2, is constmcted. (Exhibit 10 depicts the location ofthe SLS). The SLS also includes new sewage and recycled water pipelines that extend across PA 2 from north to south, just east of the NCTD railway. An EPS materials and equipment storage is another ancillary use in PA 2. A landscaped berm is partially sited within this planning area as a means of visually separating the fuel oil storage tanks from southbound travelers on 1-5 and Carlsbad Boulevard. Fire training is intermittently conducted within this planning area. Planning Area 3 (PA 3) Plarming Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three two small ftiel oil tanks known as Fuel Tanks 1 and, and 4 (Fuel Tank 3 waswilf be removed to accommodate the appro ved-CSDP). These tanks are located south ofthe outer basin of the AHL and adjacent to and west of the NCTD tracks. PA 3 and an adjacent portion of PA 1 is the location of the CSDP. Power generation-related facilities located in this planning area include the three two smaller fuel oil tanks, above ground and underground fuel tanks, and water treatment facilities. Other existing onsite uses in this PA include: o Use and storage of petroleum-based ftaels and fuel oils o Wastewater treatment facilities o Wastewater and/or brackish water treatment, disposal, storage and reclamation facilities C. APPROVED CARLSBAD SEAWATER DESALINATION FACILITYPROJECT (CSDP) The 50 MGD CSPD was approved for ais located in a portion of PA 1 and an adjacent the portion of PA 3 -eurrentfy-ibrmerlv occupied by Fuel Tank 3. ,--the---se«therrwwst-4aftkT Appendix B contains engineering Engineering drawings depicting various components of the CSDP and building elevations are on file in the Planning Division. When fully operational, the approved CSDP will have the capacity to deliver up to 50 MGD of Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad, neighboring agencies and/or other regional partners. The CSDP is described with detailed analysis in certified EIR 03-05; and I4R 034)5fA), an Addendum to the eertified I'ifRsubsequent addendums. A summary is provided below. The project includes a desalination plant, pipelines and other apptirtenant facilities.-4H*el 'fa«k 3 and surreunding eartlien eontainment dikes ajrd aetjaeeirt paved areas \m\\ be fetfw»ved---to--4H^fHwno€kite the---appro^^E--desaliftatiofr--plawt7^-4>€^^ preliminary grading plan of the approved facility are included in Appendix B. ^Appurtenant facilities are assoeiated with the desaliHatioB fiieilily; eensisteftt with the prt>jeet--4e^KJf+ptitw-4ft-4.=HJrti45^ 054)>-«n4-EM^4^:M^5(-A-);--suel^asinciudcv intake and Encina Power Station Precise Development Plan - PDP 00-02(( F) Page 15 discharge pipes, product water pipeline, transformers, electrical connections and solids handling building. These appurtenant facilities are approved primarily in PA 3 and PA 1. Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit 12 show^s a before/after conceptual aerial photo simulation ofthe CSDP. Offsite infrastmcture and facilities to carry and store product water are not included as part of the PDP as they are not proposed to be located on P-U zoned properties and, therefore, not subject to PDP provisions. Source water for the project will come from seawater in the existing cooling water system at the EPS. Appendix B, Exhibit F provides a process flow diagram for the CSDP. Seawater would be diverted from the combined outlet of the power station condensers and piped to the CSDP. The source water will be pre-treated and filtered through RO membranes to produce high quality drinking water. The product water would be stored temporarily in on-site facilities prior to transmission to an ori'siie conveyance system.loeal and/or regional storage and distribution systems; A large diameter pipeline, approved along the east botmdary of PA 1, would convey product water from the desalination plant in a southerly direction to offsite infrastmcture and facilities. These product water pipelines, and the new offsite pipelines that would be constmcted for conveyance of the product water to lhe4;4t¥-«4'4i^rH4skid-. -fvei+^ the San Diego County Water Authority, are described in certified EIR 03-05 and sul^sequent addendiimsE4-Rr-04-0r>E/\-). Cooling water from the condensers of all five units of the power generating stmcture flows into a common discharge tunnel. The concrete discharge tuimel conveys the cooling water into an on-site discharge pond before traveling through box culverts under Carlsbad Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean. The CSDP will operate up to 24 hours a day, 7 days a week. This facility will produce water continuously and will be staffed at all times. Maintenance will be conducted onsite as is customary and standard for such a facility or otherwise required by equipment manufacturer specifications. D. PROPOSED AGUA HEDIONDA SEW^ER LIFT STATION (SLS) The entire project involves the installation of a sewer tmnk line (3,960-foot long force main and a 8,420-foot long gravity sewer line) to be located between the San Diego Northem Railroad (BNSF) right-of-way to the west and the 1-5 freeway to the east: a sewer lift station (50 MGD capacity); a sewer support bridge (140-foot weathered steel span): and associated improvements on the Vista/Carlsbad Sewer Interceptor System (Segments VCll.v VC12,T YC13,T VC 14R and VC15 as referenced in the City of Carlsbad's 200^2012 Sewer Master Plan). The project also includes the demolition of the wood trestle for the existing sewer line and the option of relocating a section of an existing high presstire gas transmission line from its existing trestle bridge (and removal of the bridge) to the new sewer bridged. However, most of the bridge, except the southem abutment, and offsite infrastmcture (proposed improvements to the north and south of PA Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 16 2) are not included as part of the PDP amendment as it is not proposed to be located on P- U zoned properties and, therefore, not subject to PDF provisions. The SLS will involve a series of three stmctures (two of which will be primarily underground). These stmctures will be constmcted in an area approximately 80- to 100- feet southeast of the existing sewer lift station. These three stmcttires are the main lift station, a smaller grinder facility, and a still smaller bio-filter stmcture. The large main stmcture will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls visible up to 25.5 feet in height. The lift station stmcture will be stained earth-tone colors, with wall texturing for shadowing to fit into the surrounding area. The existing station and adjacent overflow basin will be removed to accommodate the SLS. The project also proposes a number of associated improvements in the same work area, including installation of a sewer gravity cormector line, sewer force main, 12-inch recycled water line, and replacement of a 3" potable water line with a 6" potable water line. Plans of the SLS are provided in appendix C and a photo simulation is provided in Exhibit 13.on file in the Planning Division. E. AMENDED CARLSBAD ENERGY CENTER PROJECT The future Amended CECP would be located on a smaller site south of the middle section of the Agua Hedionda Lagoon, between 1-5 and the railroad tracks. The four fuel oil tanks that are currently located in this area would be demolished. The Amended CECP would generate electrical energy using fossil fuel (natural gas), and would be built and operated using "peaker configuration" technology that is environmentally friendly and within stmctures with a lower profile. According to the Agreement dated Janttarv 14, 2014. the Amended CECP is subject to a cap limiting the amount of power generation facilities allowed on site and the hours of operation. Additionally, the city's support ofthe project is contingent upon the decommissioning, demolition and removal of the EPS by a specific date, removal of all NRG facihties located west of the railroad, and remediation of the current Encina Power Station site, as well as other infrastructure and property considerations. E.F. SURROUNDING DEVELOPMENTS As a major electrical generating facility in San Diego County, the EPS is a distinct regional land use presence. Land uses surrotmding the PDP area include residential neighborhoods, and coastal shoreline areas providing active and passive recreational uses. These include swimming, surfing, walking, bird watching, fishing and bicycling. North of the PDP boundary are the waters of AHL; Interstate 5 is located along the eastem edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the south is a small commimity park (Cannon Park) and the operations center of SDG&E. Single-family residential neighborhoods in the general area include Terramar and Tierra del Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another Encina Power Station Precise Development Plan - PDP 00-02(t'F) Page 17 portion of Terramar is located on the east side of Carlsbad Boulevard, further south of Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north shore of the lagoon is a research institute and fish hatchery. Existing Surrounding Land Uses (Adjacent to PDP Jurisdiction) North: AHL South: Industrial utility, Caimon Park East: 1-5 Transportation Corridor West: Carlsbad Boulevard, Beach Access Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations (Adjacent to PDP Jurisdiction) North: Open Space South: Open Space, Planned Industrial, Public Utilities/Utility East: Open Space, Transportation Corridor West: Open Space III. APPLICABLE LAND USE REGULATIONS A. EIR 03-05, feti^^)»4)SfA)ADDENDA, AND ^MITIGATION MONITORING AND REPORTING—PROGRAM (MMRP) Certification of Final EIR 03-05 constitutes the environmental review necessary for this PDP and the prepesed-CSDP. The EIR was prepared, processed and certified in compliance with CEQA (Califomia Environmental Quality Act) in 2006. Subsequent addenda were apiTroved bv the Citv ofCarlsbad (EIR 034)5(A) and (ij) in 2009 and 2013) and bv the San Diego Countv Water Authority in 2012. EIR 03-05 and subsequent addenda also covers the enviroimiental review of offsite pipeline alignments designed to convey the desalinated water for regional distribution from the EPS location. Certification of EIR 03-05 requires the implementation of the corresponding Mitigation Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation measures for various environmental impacts assessed in EIR 03-05 that otherwise would create significant impacts. PDP amet^diue«t-"00-02(B) provides minor revisions to the site plan of the approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03- 05, EIR 03-05(A). was processed and approved in 2009. Other addendums focused on changes to offsite pipeline alignments. With the minor revisions and addenda. nNo new Encina Power Station Precise Development Plan - PDP 00-02(( F) Page 18 impacts were identified and the project's mitigation measures have not increased nor are any new mitigation measures required. The mitigation measures mostly address environmental impacts from the offsite pipeline alignments. However, some mitigation measures apply to the desalination facility and therefore require incorporation into this PDP. The MMRP is contained in City Council Resolution 2006-156., which is referenced in Appendix D. B. SLS MND PDP 00-02(C) 4 SP 144(L)/RP 10 26/CDP 10 17/HDP 10 05 / SUP 10 02/HMP 10 03/MITIGATEb NEGATIVE DECLARATION AND MMRPTION MONITORING AND REPORTING PROGRAM Adoption of the Final MND constitutes the environmental review necessary for this PDP amendment and the SLS. The MND was prepared, processed and certified in compliance with CECJO A. _The MND also covers the environmental review of offsite pipeline alignments and the support bridge alignment designed to convey the pipes (sewer, recycled water, and potable _water) from south of Chinquapin Avenue to the EWPCF. Adoption of the MND requires the implementation of the corresponding MMRP. The MMRP outlines necessary mitigation measures for various environmental impacts assessed in the MND that otherwise would create significant impacts. The mitigation measures mostly address environmental impacts from the constmction of the bridge abutments, sewer lift station, and constmction noise adjacent to the AHL during bird breeding season. Therefore, the mitigation measures require incorporation into this PDP. The MMRP is contained in City Council Resolution 2011-276^, which is referenced in Appendix D. C. CITY OF CARLSBAD GENERAL PLAN The Land Use Element of the Carlsbad General Plan designates the existing EPS property as Public Utility (U). The Public Utility designation is implemented through the (P-U) Public Utility Zone, Chapter 21.36 of the Carlsbad Zoning Ordinance. This PDP, compliant with Chapter 21.36, ensures compatibility with the City's General Plan. The Public Utility 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. The Carlsbad General Plan states that the Public Utility designation's "primary functions may include such uses as the treatment of waste water, public agency maintenance storage and operating facilities, generation of electrical energv or other primary utility functions. A primary function may include the generation of electrical energy by fossil fuel onlv if it is the subject of and consistent with the Agreement between and among the City of Carlsbad (Citv) and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carisbad Energy Encina Power Station Precise Development Plan - PDP 00-02(€F) Page 19 Center LLC, and San Diego Gas and Electric and approved by the Citv and CMWD on Januarv 14, 2014. The desalination use is considered consistent with these land uses. However, since the EPS is within the boundaries of the Coastal Zone, it is not considered a primar>' function of the U designation. As a utility function serving the region, the (ieneral Plan also recognizes the CSDP as a permitted primary use. fhe future Amended CECP, together with Therefore, implementation of the PDP, including building permit issuance for the EPS, CSDP and SLS facilities, would be consistent with the site's land use designation of Public Utilities and the City's General Plan. However, the existing EPS, an expansion of it, or the addition of a new power facility is or would not be considered consistent with the U designation. C SPECIFIC PLAN 144 H N The amendment to formally include the PDP area into SP 14'1, processed as SP 144(11), was approved concurrently with the CSDP, EIR 03 05, and other approvals. SP 144(H) formalized the inclusion of the PDP area and will likewise provide specific plan coverage compliant with State law guidelines per Govemment Code Section 65450. Applicable conditions or regulations resulting fi'om the integration ofthe PDP into SP 144 are outlined with other development standards, planning area by planning area, in Chapter IV. Changes proposed to the PDP that are considered "formal amendments" also require an amendment or comprehensive update of SP HT See Section VI C. for details. SP 144 (J) is the amendment to SP 144 that implements the site plan reconfiguration for the CSDP covered by the amendment to PDP (PDP 00 02(B)), tho Redevelopment Permit Amendment (RP 05 12(A)) and EIR 03 05 Addendum (EIR 03 05 (A)). SP 144(L) is the amendment to SP 14^ that implements the SLS covered by the amendment to this PDP (PDP 00 02 (C)), the Redevelopment Permit (RP 10 26), and the MND. SP 14'1(N) amended SP 144 to delete and modify provisions of the plan regarding generation of electrical energy and Encina Power Station consistency with the General Plan. It corresponds to PDP 00 02(E). ED. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN^PROJECT (SCCRP) The SCCRP is a 555-acre redevelopment area located along Carlsbad Boulevard from the southem city limits to the northem boundary of the outer lagoon, and includes properties owned by Cabrillo Power and SDG&E that are located east and west ofthe 1-5 freeway and south ofthe Agua Hedionda Lagoon. . As shown on Exhibit 13, the The PDP area is a portion (approximately 95 acres) of the larger Redevelopment Plan jurisdiction. Identified goals of the SCCRP relative to the EPS and PDP jurisdiction include: Encina Power Station Precise Development Plan - PDP 00-02((- F) Page 20 • Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant. • Strengthening the economic base of the Project Area and the community by the installation of needed on- and off-site improvements to stimulate new commercial/industrial expansion, employment and economic growth. Developing new beach and coastal recreational opportimities. • Increasing parking and open space amenities. • Developing new beach and coastal recreational opportimities. • Implementing performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development. In November 2005 the City Council, upon the recommendation of the Housing and Redevelopment Commission, approved Ordinance NS-779, amending the SCCRP. This action requires a PDP for a number of certain uses, including a sewer lift station, a desalination facility and the generation and transmission of electrical energy; a finding of extraordinary public purpose for those certain uses; and a Redevelopment Permit. In 2009, an amendment to the CSDP project's Redevelopment Permit (RP 05-12(A)) was processed along with the amendment (PDP 00-02(B)). The SLS Redevelopment Permit (RP 10-26) was processed along with the amendment to the PDP (PDP 00-02(C)). Ordinance NS-779 also states that these requirements shall not be required of, or applied to, uses regulated by the Califomia Public Utilities Commission (CPUC). Ordinance NS-779 is referenced in Appendix D, and integrated into the compliance elements outlined in Development Standards, Chapter IY. The SCCRP pemiits generation and transmission of electrical energy conditioned upon a finding of extraordinary public purpose, and subject to a precise development plan unless the use is regulated by the California Public Utilities Commission (CPUC). Further, the plan identifies goals including developing new recreational opportunities and parking, and redeveloping the Encina Power Station into a smaller, more efficient plant. The Amended CECP is consistent w^th the SCCRP in that the future Amended CECP would be a smaller, more efficient plant that would be built and operated using "peaker configuration" technology, and which would be located further away from the coastline, between the railroad tracks and 1-5. The terms ofthe Agreement, dated January 14. 2014. require the decommissioning, demohtion 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 infrastmcture and property considerations which will be beneficial to the residents of Carlsbad and provide an opportunity for future redevelopment of the site. Additionally, lands along the coastline and lagoon would be dedicated to the citv and would allow ibr new beach and recreational opportunities and open space amenities. The General Plan states that a primary function ofthe Public Utilities land use designation may include generation of electrical energy outside the Coastal Zone only. Since all ofthe Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 21 SCCRP is within the boundaries of the Coastal Zone and the EPS is within the SCCRP, the EPS is not a permitted use within the redevelopment plan. FE. LOCAL COASTAL PROGRAM COMPLIANCE The AHL Local Coastal Program (LCP) segment applies to the PDP. The LCP area is also shown on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP certification and permit authority from the California Coastal Commission (CCC) for most of the city's coastal zone in October 1996. However, the CCC retained permit authority within the AHL LCP. Therefore, any development within the PDP jurisdiction requires approval of a coastal development permit by the CCC prior to building permit issuance or effectiveness of any entitlement, such as this PDP. Compliance with related coastal permit conditions shall be addressed prior to building permit issuance, as part of the PDP implementation. The CSDP is consistent with the AHL LCP as reaffirmed by the environmental review and certification and approval of Final EIR 03-05 and EIR 03-05(A). Likewise, the SLS is also consistent with the AHL LCP as stated in the certification and approval of the Final MND. The Agua Hedionda Land Use Plan specifically addresses generation of electricity and power plants. However, other than descriptive statements about the existing Encina Power Station, the AHLUP has no standards and only one policy regarding generation of electricity. Land Use Policy 2.3, which regards a 45-acre vacant property located east of and across Interstate 5, is unrelated to the Amended CECP. GF. GROWTH MANAGEMENT PROGRAM COMPLIANCE The Growth Management Program, in accordance with Chapter 21.90 of the Carlsbad Municipal Code, established 25 Local Facilities Management Zones throughout the city. No development can occur in any of the Zones unless consistency of the development is determined with the applicable Local Facilities Management Plan (LFMP) for each Zone. Each LFMP determines existing and future needs for infrastmcture so that future Zone demands can be adequately assessed, planned, and provided. The EPS, CSDP, and PDP jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however, applies only to the northwest comer of the EPS and PDP jurisdiction in the vicinity of the aquaculture facilities and discharge pond. Implementation of the PDP, including the CSDP, is consistent with the Zone 1 and Zone 3 LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is not necessary to implement the PDP. This was reaffirmed by the environmental review and certification of Final EIR 03-05 and EIR 03-05(A) for the CSDP, and the MND for the SLS, and is summarized below. LFMP Zone 1 and Zone 3 - Performance Standards & Project Comnliancc Performance Standard Project Compliance .\ d m i tl i st rati ve F ac i! i t i c s N/A. Tliis standard does not apply to non-residential uses Encina Power Station Precise Development Plan - PDP 00-02((-F) Page 22 LF.MP Zone 1 and Zone 3 - Performance Standards & Project Compliance Pe rfo r m 11 n cc S t a n d a r d Project Conipliance •ilirarv N 'A.... IJas ^.tand^u'd cioes not .applvjo non-residential uses. Wastewater Trealmenl The sewer lift station would improve the existing wastewater t'aciiities and will handle tlie projected build-out sewage anticipated froiri tlie ser\'ice area. 'arks N/A. ...,n.o.t.apply to non-usideiniji uses. Drainage Negligible ElTect. The EPS, CSDP. and SLS all have a Stornnvater Pollution Prevention Plan (SWPPP) in place. In addition, the future plans lor the Amended CECP. including demolition ofthe existing EPS and remediation of the site, wi SWPPP. be required to implement a Circulation Negligible.effect, fhe CS.DI^.will add 12().AYerage.IMy_lrips (APT) to the traffic circulation ofthe area. fhe sewer lift station will only add I additional AP I to the trallic circulation ofthe area tor a maintenance vehicle to monitor and service the sewer lift station. The future Amended CHCP will replace the existing EPS. Impacts associated with circulation will be analyzed as part ofthe CBC's environmental .anah sis ol llie pr()jcct. Fire Open Space No el'lecl on open S'.K.a- s <-aai.:- au.v Schools N/A. a!4.does not apph to non:rcsjdeij^ usejj, Sewer f iTecls ofthe CSDP on sower eapacit\ are discu>>ed and mitiu.iled in the EIR and Mitigation Moniioriim Reporting Program. The SLS project will not increase in sewer How. 'fhe future Amended CECP will replace the existing EPS. Impacts associated with sewer capacity will be analvzed as part of the C 'I (."v envu-onmcnlaJ anal>M-. oi die projecl. Water 1 lieJl^SPP is anticipated to substantially improve the quantity and quality ofthe water supply available to the Citv, neighboring water agencies and the region. Desalinated water is required to meet all federal, state, regional and local standards. "fhe SLS project includes the installation of a 12-inch diameter recycled water line. I his line will serve to distribute recycled water in the northern portion ofCarlsbad for landscape irrigation. Iho future Amended ( L( P wili replace tlie exisung f,PS. Impacts associated u ilh w.iloi deniaiid \\<.\\ Iv ana!\/od a-, pail oi llie t Ft 's en\ironnienud analysis oi the piojoci.. CSDP LFMP Zone 1 and Zone 3—Performance Standards & Proiect Compliance Pcrformnncc Standard I-^ iiiii^f 1 ^ f\ m r\ 11 «i n o III II^ Administrative Facilities N/A. This standard does nol apply to non- residential uses Library r' - N/A. 4 his standard does not apply to non-residential uses. 11 II. WaMcWtllci f IrdUIlclU friTCtrtti- t:H-r T\ a tilt? EIR and MMRP. N/A. This standard does nol apply to non residential uses. \ [ i»(T 1 1 / T 1 E\ 1 1 ^ r? f t /^/i t 1 N 1 i T. K o o ft W f /"\»*i-v» W' o-tvit- I) /A t 1 1 H i Oi'iii 1 /~i t^ INCjillglUlC CIlCLL. 1 lie Cl L5 Ild!? u CMUIllI V> ulCl I UllLlliU!! I ICVCIILIUII Pl'in ^^^W/'PPP^ in nl'wc T'hr'' H(*'"il i TTittr^n f'lr^iliti' iiill 'il'^ci lUlIl V.^ITI1I^ 111 UlUCC IIIC U V 111 RHIUII 1 UV 1111J Will ill jO Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 23 LFMP Zone 1 and Zone 3—Performance Standards & Proiect Comnliancc Performance Standard Project Compliance KI/-if^v 1 liTTi I-*! H f* '1 1 1 ITl tl f^H "f 1 t 1 11'^ ' 11 H 1 1 flnl^' '1 H Ct 1 0 v-'iieuiuuoji iNcgiigiuiv ciicvi. 1 i(c ucauiuiuiiuii luciiiL^ Will uuiy uuci i Fife NM-;4^ standard does not apply-te-flen-residential uses. Open Space No effect on open space compliance. Schooh N/A. This standard does not apply to non residential uses. 1 1 t TT^-'^V-io+o /-v r-\ in j-itiA/.it' "Tl P 1 fl ' 'Iff* H 1'"'^'^ U" P H O tl H tYl 111 fTH t H in trll^ V-'TP WUl 12/JlcCl!) Ull :»CVVCI CUUuCllV ul C UlaCUa'JCU UlRI llUlt^alCU 111 lllP LJII\ and MMRP. D rt»-»,-»t^ ,-.1 r»l ''^^ f Vi'^ni mti nir^itf^H Thf^ OP J ontir'lnotf^H tn TT ulUI Duiiciiciui ciicci uiiiivipuicu. I nc x^iDur la UIIIICI[JLIICU IKJ TT ulUI buobiuiiuiiiij^ iiiipiuvt! tins Ljuuiiiiiy uiiu ^^uuiiij yji mc wuici yuppi^ TT ulUI uVilllU-UlC lU lllf V>liyj llClgllUUI lllg WuLCl Lt^CllL'lCb ullU UlC iCglUll. T^^ac'rii 1 t-A<aflari lA.'fitfftr ic rfi>niiiri^rl ff\ mf^fi^t fill "rPMPr-'il ctf^to rf^tyif^nnl rmH TT ulUI L/CUUIlllUlCU WuLCl Izl iCCJUilCU lU IIICvl Ull ICUClUl, hlulC.^ iCglUlltll Ul IU local standards. LFMP Zone 1 and Zone 3—Performance Standards & Proiect ComDiiance Performance Standard Project Compliance Administrative Facilities N/A. This standard does not apply to non residential uses I-''I tfl tu y N/A. This .standard does not apply to non residential uses. >£. 1—1—z. T'hi'^ Tf"»iifr*r lift "^titi nn ii 'mi IH i mr^mvp th*^ PV i '^ti nrr 'T^fpii 'ofpr TTUulUWulCl I ICtlllllCIll 1 lie 3CWCI till blullUII VYUUIU lIlipiUVC ll IC CAlJllll^ WtUJlCVrUlCl fVi/^ilIfi/-»!-• 'S'^nn V\nnHl(*» tVic* TM'nipi'^tpH hinlH niit '^f^w'^^'^f^ ontipir\itr*H TTUulUWulCl I ICtlllllCIll luClllllClJ ullU WHI llUllUIC IHC [JlUJCVltU UUHU UUl ylJWuj£,C UHlILipUlCU from the service area. Pafks N/A. This standard does not apply to non residential uses. I—I—z. \1/^^vlwti.-i 0^4^1-1/^+ T'l-in Ci'OC Krid n C\\/ppp |vt l*i 'iflH111Hnll L^ruinug,u INCgllglUlC tjIlCC-L. 1 He dyfiD llith It OW! 1 I IH [JluWv. Ml UUUIIIUHHC sewer lift station-will also impleinent a SWPPP. Omriatien Mr»iTlJrrJHl("* f*ffV*pt T^fip '^t^^^'i^r lift <^tottnn will nnl\' nHH 1 iHrtitinml Omriatien INCjil Igtl/iC ct 1 Cvl. 1 TIC WCl 1111 21 tUl I \.n\ W III 1,71 Tiy tXKiVt 1 UvTvrrll vJI IU 1 A rAT~ ir\ trniiir' pirpiilntmn ni tno Off^i fnv n mnintpmnr'o vpniplp Omriatien 1 lU lilt? llulilC CMCUIUUUII Ul IHC UlCU iUI U lilUlllldlUIICC VCIUCIC to inonitor and service the sewer lift station. Fire N/A. This standard does not apply to non-residential uses. Open Space .,,,. • • II f t ^ No effect on open space compliance. 1 1 Schools N/A. This standard does not apply to non residential uses. £_i—d 1 lie uiujei^i Will HUl lebuit ni aii iiicieiibc iii aewci iiuw. Water northern portion ofCarlsbad for landscape irrigation. HG. COMMUNITY THEME CORRIDORS The City of Carlsbad General Plan designates specific transportation corridors as scenic roadways. Carlsbad Boulevard on the westem perimeter of the PDP is designated as a "Community Theme Corridor". The scenic corridor guidelines applicable to Carlsbad Boulevard and the railroad right of way are referenced in Appendix D. Carlsbad Boulevard, the local segment of the coast highway located along southem California's coast, provides superior visual access with lagoon, ocean, beach, horizon and sunset views. Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 24 The NCTD railroad right of way is noted as a "special condition" in the City's Scenic Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of way to enhance the visual image of the city to railroad passengers. The Circulation Element of the General Plan notes that Community Theme Corridors "connect Carlsbad with adjacent mtmicipalities and present the City of Carlsbad to persons entering and passing through the community". The EPS has been in this location for nearly 50 years and, in part, defines part of the existing overall community character. The review and certification of Final EIR 03-05 included visual assessment of the desalination facility, recognizing that it proposes to replace an existing oil tank. The MMRP implemented by the EIR 03-05 generated certain mitigation measures regarding aesthetics and view impacts from Carlsbad Boulevard and the NCTD railroad right of way. These mitigation measures are incorporated in the MMRP, as referenced in Appendix D. Changes proposed to the CSDP as part of PDP 00-02(B) do not trigger any new mitigation measures, as described in EIR 03-05(A). tH. COASTAL RAIL TRAIL The City of Carlsbad in coordination with other cities in coastal San Diego County, is implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail mostly along the railroad right of way. At completion, this regional trail is intended to provide an altemative to freeway commuting along the Interstate 5 coastal corridor. Each city is pursuing individual segments within their jurisdiction based on funding and other factors that facilitate constmction. The City of Carlsbad opened its first segment of the CRT along the east side of the railroad tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment southward of this portion of the CRT would cross the SLS's pipe support bridge over AHL and continue south through the EPS property. The trail would then continue southward along the NCTD right-of-way within the PDP property. The trail would continue south into the existing commercial development located on the north side of Cannon Road. The commercial development accommodates the CRT alignment through its property and facilitates continued southward alignment to city limits. As stated in the .fanuary 14, 2014 Agreement, the City and NRG shall work in good faith to determine a mutually acceptable and appropriate alignment for the CRT (provided however, that failure to reach an agreement on the CRT aligmnent shall not impact perfonnance of the obligations of the Agreement). Regardless of final alignment, the CRT is considered an allowed and supported land use within the PDP. It is specified as an allowed use within the PDP in Chapter IV, Development Standards. JI. HABITAT MANAGEMENT PLAN The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space resotirces. The PDP area is south and adjacent to the AHL. Implementation of the PDP will not adversely affect the AHL, nor hinder HMP implementation. The PDP is designated as a Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 25 "Development Area", and lies outside of any existing or proposed habitat conservation areas. The PDP will not increase or decrease the amount of open space in the city. Consistency with habitat planning efforts was reaffirmed with the environmental review and certification of Final EIR 03-05, and approval of EIR 03-05(A) for the CSDP and the MND for the SLS. KJ. DEVELOPMENT AGREEMENT - DESALINATION FACILITY A Development Agreement has been approved between Poseidon Resotirces Corporation and the City of Carlsbad. The primary functions of the Development Agreement are to eliminate tmcertainty in platming and provide for the orderly development of the Project, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements imder Sections 65864, et seg. of the Califomia Govemment Code and Zoning Ordinance Chapter 21.70 are intended. The Development Agreement is on file with the City of Carlsbad, in the Planning Division under the filing reference of DA 05-01(A). An amendment to the Development Agreement, DA 05-01 (A), was part of the amendment package to entitle the reconfigured site plan for the desalination plant covered by PDP 00- 02(B), and related agreement details regarding offsite pipeline distribution and operation not in the PDP. The amended agreement was approved in 2009. LK. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION LOCAL • City of Carlsbad/Carlsbad Municipal Water District/Carlsbad Housing & Redevelopinent Commission REGIONAL • San Diego County Air Pollution District (APCD) • Regional Water Quality Control Board (RWQCB) • San Diego County Department of Environmental Health (DEH) STATE • Califomia Coastal Commission (CCC) • Califomia Public Utilities Commission (CPUC) • Califomia State Lands Commission (SLC) • Califomia Independent System Operator (ISO) • Califomia Department of Fish and Game (CDFG) • Califomia Energy Commission (CEC) • Califomia Department of Health Services (DHS) Encina Power Station Precise Development Plan - PDP 00-02(C F) Page 26 FEDERAL • National Marine Fisheries Service (NMFS) • Federal Energy Regulatory Commission (FERC) • United States Fish & Wildlife Services (USFWS) • United States Army Corps of Engineers (USCOE) Some of these agencies have at their discretion the authority to exercise preemptive jurisdictional regulatory powers over design, facility, and operational characteristics of the EPS and Amended CECP, which are not subject to the regulatory powers of the City of Carlsbad or the PDP. The CSDP is also subject to the regulatory powers of certain agencies noted above. However, the PDP does not confer any additional regulatory jurisdictional powers upon the City of Carlsbad than it already retains under applicable state and federal laws. VII. DEVELOPMENT STANDARDS Since much of the EPS was built over 30 years ago, the development standards apply only to new onsite development and/or redevelopment. The proposed development standards will apply as appropriate to future activity requiring entitlements and/or building permits. This chapter reviews and integrates various sources of regulations, requirements, conditions and other provisions. The P-U zoning district. Chapter 21.36, is the primary source of standards and conditions established within the PDP. In many cases, Chapter 21.36 does not establish development standards for the P-U zone; instead. Section 21.36.050 identifies a number of conditions that the City Council may impose on the PDP, such as requirements for setbacks and parking. Other sources of standards originate from related regulations and documents as discussed in Chapter III. The table below and subsequent discussion provides the necessary guidance to review and approve future building permit and entitlement requests within the PDP area. Furthermore, Appendix D lists many applicable ordinances, resolutions and regulations.—While not comprehensive. Appendix D is helpful in identifying those documents and standards particular to the PDF area. OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 27 STANDARD or REQUIREMENT DESCRIPTION SOURCE of REQUIREMENT Applies to PAI Applies to PA 2 Applies to PA 3 Permitted Uses See Discussion Below Chapter 21.36- 21.36.020 X X X Conditional Uses See Discussion Below Chapter 21.36- 21.36.110; and the PDP X X X Minimum Lot Area 7,500 square feet Chapter 21.36- 21.36.060 X X X Lot Coverage 50% maximum See Discussion Below Chapter 21.36- 21.36.070 X X X Parking, Loading and Refuse Collection Areas None in front, side or rear setback adjoining street; or 10' within side/rear property line. See Discussion Below Chapter 21.36 - 21.36.080; and the PDP X X X Landscaping See Discussion Below Chapter 21.36 - 21.36.090; and the PDP X X X Grading See Discussion Below Chapter 21.36- 21.36.050 (6); and the PDP X X X Architecture and Building Materials See Discussion Below Chapter 21.36- 21.36.050; and the PDP X X X Setbacks See Discussion Below Chapter 21.36 - 21.36.050(1); . and the PDP X X X Parking See Discussion Below Chapter 21.36 - 21.36.050(11); and the PDP X X X Building Height Not to exceed 35ft Chapter 21.36 - 21.36.050 (2); SP 144;and the AHL LCP X X X Equipment and Storage Tank Screening To remain reasonable screened by healthy landscaping/planting SP444 Chapter 21.36- 21.36.050; X X X Lighting Lighting Plan approval prior to building permit issuance SP H4; also see any pProject mitigation measures below X X X Encina Power Station Precise Development Plan Page 28 PDP 00-02(GF) STANDARD or REQUIREMENT DESCRIPTION SOURCE of REQUIREMENT Applies to PAI Applies to PA 2 Applies to PA 3 Precise Development Plan: PDP 00-02. Issuance of building permit or entitlement in P-U zone first requires approved PDP for property. Zoning Ordinance, Chapter 21.36; SCCRP Section 600 (Ordinance NS-799); Ordinance NS-806 and subsequent amendments approved by ordinance. X X X Redevelopment Permit: Rehabilitation, redevelopment, and development activities within SCCRP require redevelopment permit. SCCRP Sections 200 and 600 (Ordinance NS- 799) X X X Required Finding of Extraordinary Public Purpose-RP required Many utility uses and govemment facilities within SCCRP require making of this finding. SCCRP Section 600 (Ordinance NS-799) X X X Coastal Development Permit May be required if new development in AHL LCP segment LCP Permit and Appeal Jurisdiction map (on file in the Planning Division) Califomia Coastal Commission - San Diego Coast District Office. X X X Mitigation Measures Measures to reduce environmental impacts to less than significant as required by EIR's and MND's. MMRPs per Final EIR 03-05 for CSDP and other project approvals as applicable. X X X Final Precise Development Plan Required for Building Permit Issuance Zoning Ordinance Chapter 21.36 - 21.36.100 X X X Encina Power Station Precise Development Plan - Page 29 PDP 00-02(GF) PERMITTED USES Permitted uses within the PDP shall be based on the following allowances and/or criteria: • Consistency with the PDP, including the existing uses for the subject Plaiming Area as established by the PDP including Chapter II. B. • Consistency with the Carlsbad General Plan, Encina Specific Plan, and Zoning Ordinance, including the permitted uses and stmctures as outlined by the Public Utility Zone, Section 21.36.020. Consistency with the SCCRP, including Section VI. (600), Uses Permitted in the Project Area. Consistency with the LFMPs for Zones 1 and 3. Consistency with the AHL Land Use Plan. Consistency with the Scenic Corridor Guidelines. Compliance with all applicable local, state, and federal permits, including any Coastal Development Permit. • Consistency with applicable environmental documents including MMRPs. It should be noted that the EPS is not considered a permitted use within the PDP. It is not consistent with the General Plan or the Zoning Ordinance. Further information about the EPS in relation to land use standards may be found in the Introduction and in chapters I and III of this PDP. In addition to the permitted uses listed in the Public Utility Zone, CRT alignments, when associated with future entitlement efforts by the City of Carlsbad and implementation of trail planning programs, shall also be considered permitted uses. CONDITIONAL USES Conditional uses within the PDP shall be based on the same allowances and/or criteria as permitted uses, except as modified below: • Consistency with the Carlsbad Zoning Ordinance, including procedures and required findings outlined in Chapter 21.42 (Conditional Uses) and Section 21.36.0207^40 (Permitted Uses and stmctures permitted by conditional use permit) of the P-U Zone. Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 30 • Conditional Use Permits approved in accordance with these provisions shall make the required finding that the proposed conditional use is consistent with this PDP. le^LOT COVERAGE The table below reflects compliance wdth the maximum allowance of 50% lot coverage. The difference between the existing and proposed data reflects the CSDP and SLS. EXISTING LOT COVERAGE - EPS Acres Percentage Buildings 11.96 12.58% Paved Area 24.42 25.68 % Landscaped Area 20.64 21.71 % Unimproved Area 38.06 40.03 % Total 95.08 100% LOT COVERAGE - EPS with Awwml^CSDP Acres Percentage Buildings 14.57 15.3% Paved Area 25.50 26.8% Landscaped Area 22.14 23.31% Unimproved Area 32.87 34.6% Total 95.08 100% LOT COVERAGE - Sewer Lift Station Project* Acres Percentage Buildings 14.82 15.58% Paved Area 26.20 27.25% Landscaped Area 22.65 23.67% Unimproved Area 33.87 33.50% Total 97.54 100% *Based on LOT COVERAGE - EPS with Afm^mHfCSDP Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 31 ParkiflgPARKING, LOADING, AND REFUSE COLLECTION ftfeasAREAS • These areas should continue to be visually screened from public view through the use of existing fencing and landscaping. • Loading, storage and refuse collection should be placed to the rear or sides of the building they serve. • Outdoor refuse collection and permanent loading areas visible from public areas should be visually screened, as necessary, to a height up to 10 feet. Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within Planning Area 1 of the PDP. The 174 existing spaces constitute the PDP's baseline parking supply^ as depicted on Exhibits 8 and 9. The desalination demonstration facility utilizes 23 of the existing spaces onsite, and maximum parking demands of the existing EPS uses require 112 parking spaces. Therefore, the current baseline demand for parking spaces is 135 when combining all existing uses (including the demonstration facility). At full operation, the CSDP will require 13 parking spaces, a number sufficient for plant employees, visitors and vendors. Accordingly, a 3523-space parking lot has been approved on the CSDP site, which exceeds the minimum parking requirement. Once the CSDP is operational, the seawater desalination demonstration facility will be removed and the 23 parking spaces it now occupies will again be available with one more space added. The 112 spaces required by current EPS uses, combined with the fiiture 13 space parking need required by the CSDP produces a total demand for 125 spaces, which are accommodated by the current baseline of 174 parking spaces plus the 119 extra spaces provided at the CSDP (for a total of 183^5 available parking spaces). The SLS will not require any existing parking spaces. There will be sufficient asphalt pavement surrounding the SLS to accommodate the maintenance vehicle that will monitor and service the SLS. Because of the unique uses at the EPS, determination of pParking needs for power generation and transmission, desalination and other facilities within the PDP may require case-by-case basis analysis based on employee numbers, hours of operations, and other factors. In addition, when applicable, the parking standards of Zoning Ordinance Chapter 21.44 shall be followed. LANDSCAPING A landscape plan may be required prior to building permit issuance. The following criteria and objectives shall guide landscape review and implementation: Encina Power Station Precise Development Plan - PDP 00-02(C F) Page 32 GRADING Landscaping shall be provided per the requirements of Section 21.36.090 of the Carlsbad Municipal Ceode, which requires landscaping with irrigation systems within setbacks, where feasible^. Consistent with the City of Carlsbad Landscape Manual, minimum plant sizes for onsite plantings, where visible to the public, shall be as follows: 15 gallon for trees, 5 gallon for woody and massing shmbs and 1 gallon plants for color and accent shmbs/flowers. Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of way shall be consistent with the scenic coiTidor and railroad corridor themes per the Carlsbad Landscape Manual to enhance the visual character of area. When parking is visible from Carlsbad Boulevard, landscaping shall screen views of parking from passing motorists and pedestrians. Perimeter landscaping, trees or shmbs that are diseased, dying or removed shall be replaced with similar plants of equal or better screening ability in a timely manner to the satisfaction of the Planning DirectorCity Planner. Grading in the visible areas surrotmding the lagoon and plant should utilize natural contour as opposed to hard, angular or extreme grading concepts, whenever feasible. Any grading should preserve and enhance natural appearances of areas visible to the public to minimize visual impacts. Grading shall comply with all City and CCC requirements. aRCHITECTURE ARCHITECTURE & BUILDING MATERIALS The form and design of any new stmctures, including the CSDP and SLS, would largely be determined based as a result of the visibility from offsite locations and applicable govemment requirements. The following architectural guidelines apply only to the EPS's perimeter, and other publicly visible components of the PDP area. • Future buildings and stmctures, and additions and alterations to them or to existing buildings and stmctures, should be sited and designed in a compatible manner with the EPS's surroundings, which include the overall lagoon and ocean environment, views from scenic corridors, public recreation and open space areas, and established residential neighborhoods. • Building materials and finishes should also reflect compatibility with surroundings. Any mechanical and/or electrical equipment located on the roof of any structure shall be screened in a manner acceptable to the City Planner. Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 33 It is recognized that in some cases requirements of other govemmental agencies or the function, nature, or location of the stmcture or building may limit or make impractical the ability or need to follow these guidelines. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning DirectorCity Planner may determine compliance with one or beth-more of these guidelines is unnecessary. SETBACKS Exhibits 8-6and 9 of this document depict minimum required setbacks for the PDP area. However, similar to the architectural criteria outlined above, it is recognized that in some cases requirements of other govemmental agencies or the function, nature, or location of the stmcture or building may limit or make impractical the ability or need to follow setback requirements. Accordingly, based on evidence provided by the applicant to support such a decision, the Planning DirectorCity Planner may determine compliance with setback requirements is unnecessary. All setbacks noted below are required minimums. • Carlsbad Boulevard: 50' setback from the Carlsbad Boulevard right of way is depicted on Exhibits 8 and 9. Agua Hedionda Lagoon: 50'setback from the property line along the shoreline of the Lagoon. In cases where the top of the bluff is greater than 50 feet from the property line, the top of bluff shall mark the minimum setback from the Lagoon. Interstate 5: 25' setback from Interstate 5 right of way. Setback requirements do not apply to: • Future potential CRT alignments. • Desalination facility pipeline alignments. • SLS pipeline aligiunents and support bridge • Reasonable modifications or expansion of existing minor stmctures and improvements, including fencing and screen walls, utility poles and towers; support stmctures (i.e., guard stations and aquaculture buildings); detention basins, piping, and underground stmctures (i.e. oil pumping stations); mandated pieces of equipment (i.e., pollution control facilities) or other minor stmctures dictated by regional, state or federal agencies; equipment required to support existing operations (i.e. discharge basin, intake system and dredge support equipment); and security measures. • At the discretion of the Planning DirectorCity Planner, setbacks for the above facilities may be required for public health, safety, and Encina Power Station Precise Development Plan - PDP 00-02(CF) Page 34 welfare purposes, such as to allow adequate vehicle stacking or safe site distances. VIII. PUBLIC IMPROVEMENTS A. OVERVIEW Since the provision of necessary public improvements is one of the primary purposes of a PDP per Zoning Ordinance Section 21.36.010 (3), this overview provides a summary of compliance. Public improvements for the CSDPdevelopment will be secured through compliance with conditions of approval consistent with permits issued for activities within the PDP area. In addition, EIR 03-05 analyzed certain improvements associated with the CSDP for environmental impacts and found no significant impacts will result from their implementation. These improvements are described in detail in the EIR document, including pages 3-28 and 3-29; they are referenced herein to indicate their required implementation for consistency with this PDP. These improvements (using EIR 03-05 references, and also depicted on Exhibit S-7_of this document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public parking area which are generally located along Carlsbad Boulevard and the outer Agua Hedionda Lagoon. The EIR also addressed improvements regarding Carlsbad Boulevard widening generally south of the PDP boundary, and installing a screen wall and landscaping for the EPS frontage along Carlsbad Boulevard. The proposed SLS will not require any public improvements. As part of the approval of PDP 00-02(B) and RP 05-12(A) for the EPS and CSDP, appropriate public improvement conditions were imposed along and within the PDP and SP As noted in Section III G. tThe SLS has negligible if any Growth Management impacts and does not warrant improvements to public facilities. B. OTHER DOCUMENTS - DEVELOPMENT AGREEMENT Another mechanism that will generate public improvement enhancements is the approval of Development Agreement (DA 05-01 (A)) that involves the City of Carlsbad and Poseidon^. the-The Development Agreement is also discussed in Section III. KJ. within this document. IX. PROCEDURES AND AMENDMENTS A. PDP APPROVAL Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 35 In accordance with Section 21.36.040 of the Public Utility Zone, the PDP requires public hearing approval by the City Cotmcil, after recommendation action by the Planning Commission. The City Council approval of the-PDP 00-02(F) on June 13, 2006, validates this document as the official PDP for the subject P-U zoned properties. The PDP was approved via City Council Ordinance NS-806. B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED USES Any request for building permit issuance or an entitlement within the PDP area requires review for consistency with the PDP. Based on the location of the specific request, the Development Standards pertinent to the subject site outlined herein require assessment for compliance. Implementation of this document during building permit and entitlement review will assist the compliance with applicable mitigation measures from EIR 03-05 and the MMRP for the CSDP, and the MND and MMRP for the SLS, the PDP and the various other permits and regulations affecting the PDP jurisdiction. Coordination with other agencies may be necessary in certain cases. C. FORMAL AMENDMENTS TO APPROVED PRECISE DEVELOPMENT PLAN Examples of the types of projects or land uses that would require a formal PDP Amendment subject to City Council approval are listed below. The list is not all-inclusive; the intent is to provide examples of the scale and magnitude of development that would mandate formal amendment to the PDP. •—Demolition ofthe existing Encina Power Station. •—A proposal by a govemment entit)^ or by a company authorized or approved by the Public Utilities Commission to constmct an electrical generating facility that is an accessory use and has a generating capacity of fewer than 50 megawatts. • Any expansion of the CSDP to accommodate more than 50 MGD. Any proposal for technological restmcturing of the CSDP. An amendment initiated by City Council action in order to promote public health safety and welfare relative to operations or uses within the PDP jurisdiction. Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 36 • Any addition, expansion, major modification or change of use that would exceed the amotmt of change permitted by administrative approval consistent with Carlsbad's Planning Division Policy No. 35 regarding substantial conformance revfewConsistency determinations (see VI. D. below). • Anv revision to the boundaries of the PDP area. Formal amendments to the PDP shall be processed in accordance with the requirements of Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City Council approval. Requests for a formal amendment to the PDP shall be submitted to the Planning Division accompanied by necessary graphics, statements and other information including proposed PDP text and exhibits to support the proposal. Pursuant to SP 144, a fonnal amendment to the PDP also requires an amendment or comprehensive update to SP 144, as determined by the City Council. D. CONSISTENCY DETERMINATION WITH APPROVED PDP Certain improvements, modifications, maintenance activities or other future proposals may be considered minor in nature and found to be consistent with the PDP. In these circumstances, building permits may be issued without formal amendment to the PDP. The process to determine consistency with the PDP shall be according to Planning Division Policy No. 35, Discretionary Permit Consistency Determination (referenced in Appendix D), as amended from time to time. Encina Power Station Precise Development Plan - PDP 00-02(GF) Page 37 Oceanside Encina Power Station Valley Center Ramona Santee El Cajon North Note; All locations are approximate. Imperial Beach REGIONAL MAP Encina Power Station Precise Development Plan Exhibit 1 City of Oceanside Carisbad City Umits Encina Power Station aty of Vista City of San Marcos Note; All locations are approximate. VICINITY MAP Encina Power Station Precise Deyelopment Plan Exhibit 2 LEGEND P-U Public Utility R-A 10,000 Residential Agncultural Zone Y/A Precise Deveiopmenl \//\ Planning Area CABRILLO POWER PROPERTIES ZONING MAP Encina Power Station Precise Development Plan Exhibit 3 Path: J:\Requests2010PlLJs\ComEconDev\Plannmg\5261857_14\Exhibit3_Underline.mxd OS u LEGEND Open Space Public Uiiltty Precise Developmen Plannifg Are? Agua Hedionda LCP Area of Deferred Certrf ication CABRILLO POWER PROPERTIES GENERAL PLAN MAP / AGUA HEDIONDA LOCAL COASTAL PLAN Encina Power Station Precise Development Plan Exhibit 4 J:\Requests2010Plus\ComeconDev\Planning\4410006_10 CABRILLO POWER/ SDG&E OWNEk^lIPMAP Encina Power Station Precise Ofi'eto/Jh^n/ Plan Hofman Planning Associates LEGEND Planning Area Boundary Precise Developmeni Planning Area B Approved Loootion of Desalination Plant [f]] Propoeed Sewer Lift Station '\ Amended Carlsbad Energy Center Proiect ..' (CECP) 9 0 IW 306 400 PLANNING AREA MAP Enema Power Station Precise Development Plan Exhibit ^5 Path: J:\Requests2010Plus\ComEconDev\Planning\5261857_14\Exliibit5_Ur>der1ine-okl Exhibit 7.mxd .: . • : • •'• ••' • SITE PLAN WITII CSDP & SEW ER LIFT STATION Encina Power Station Precise Development Plan Exhibit 86 Path: J:\Requests2D10Plus\ComEconDev\Planning\5261857_14\Exhibit6_Under1ine-oki Exhibit 8.mxd DELETE '-^ y .. , ^ PLANNING i )/ I t-^ AREA BOUNDARY ^yf I ^ TYPICAL LEGEND Proposed Setback Planning Area Boundary Hofman Plannirvg & Engineering PLANNING AREA 2 Encina Power Station Precise Lk'veiofiaienl Plan AGUA HEDIONDA LAGOON PROPO^ DESALIN FACILm (CSDP DELETE PLANNING AREA BOUNDARY TYPICAL ^HB Existing Pa Proposed Desalination Facility Proposed Setbacit • • • K Planning Area Boundary GAREA3 Encina Power Slation Precise Develbfment Plan Exhi^l 1 Proposed location of sewer litt station at Encina Power Station as seen from Carlsbaci Boulevard. CONCEPTUAL PHOTO SIMULA<EK)N OF THE PROPOSED SEWER LIFIs^TATION Encina Power Station Precise Developtn^t Plan ExhibJUS LEGEND nodoKolDpniont Aroa SCCRP Boundary Y7?t Precise Development Planning Area Public Dedications: 1 - Fishing Beach 2 - The Bluff 3 - Land Adiacent to Hubbs 4 - Additional Public Parking 20C *O0 KC SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA BOUNDARY PLAN (SCCRP) BOUNDARIES / PUBLIC DEDICATIONS Fjn ina Ponvr Siaiion Precise IX-velopmeni Plan Exhibit U7 Path: J:\Requests2010PliJS\ComEconDev\Planning\5261857_14\Exhibit7_Undef1ine-old Exhibit 14.mxd