HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70421
PLANNING COMMISSION RESOLUTION NO. 7042
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
REPEAL THE ENCINA SPECIFIC PLAN SP 144, LOCATED PRIMARILY
4 BETWEEN THE PACIFIC OCEAN AND CANNON ROAD, AND
ENCOMPASSING THE AGUA HEDIONDA LAGOON, ENCINA POWER
STATION, CARLSBAD SEAWATER DESALINATION PLANT, AGRICULTURAL
LANDS AND PROPERTIES WITHIN LOCAL FACILITIES MANAGEMENT
ZONES 1, 3, AND 13.
CASE NAME: CECP AMENDMENT
CASE NO.: SP 144(0)
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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
property considerations beneficial to the residents of Carlsbad; and
WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
20 the changed circumstances, reduced environmental profile and significant community benefits
21 associated with the project amendment; and
22 WHEREAS, in response to City Council Resolution 2014-010, the City Planner
23 recommends the repeal of the Encina Specific Plan - SP 144 including amendments A-N (collectively
24 referred to as SP 144); and
WHEREAS, the City of Carlsbad has filed a verified application for property described as: 25
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A portion of Lot F of Rancho Agua Hedionda in the County of San Diego
and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of
Carlsbad, and a portion of Block "W" of Palisades No. 2, Map 1803 in
23 the City of Carlsbad, County of San Diego, State of California; also
being Assessor Parcel Numbers 206-070-16 and -17; 210-010-24, -40, -
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42, -44, -45 and -46; and 211-010-05, -24, -30 and -31 of the Assessor's
map of San Diego County
("the Property"); and
WHEREAS, said verified application constitutes a request for a Specific Plan amendment,
on file in the Carlsbad Planning Division, CECP AMENDMENT-SP 144(0) as provided by Government
Code Section 65453; and
WHEREAS, the proposed CECP AMENDMENT- SP 144(0) is set forth and attached in the
draft City Council Ordinance marked Exhibit "X" dated, April 16, 2014, attached hereto; and
WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Specific Plan amendment; and
WHEREAS, a Specific Plan was not required when the EPS was constructed in the
1950s; and
WHEREAS, the Encina Specific Plan SP 144, originally adopted by the City Council as
Ordinance No. 9279 on August 3, 1971, placed 13 conditions of development on the property and
provided methods of enforcement for the EPS; and
WHEREAS, the Encina Specific Plan SP 144 has since been amended numerous times,
including:
a. On December 4, 1973 and May 4, 1976, SP 144(A) and (B), respectively,
allowed for the construction of the 400' stack; and
b. On May 3, 1977, SP 144(C) approved the water treatment and maintenance
building at the EPS site; and
c. Between 1978 and 1993, amendments SP 144(D), (E), and (F) were applied for
and withdrawn; and
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d. On January 16,1996, SP 144(G) removed 24.2 acres of land from the Specific
Plan area; and
e. On June 13, 2006, SP 144(H) incorporated a Precise Development Plan
(PDP 00-02) for the Carlsbad Seawater Desalination Project (CSDP) and the existing EPS; and
f. In 2007, SP 144(1) was submitted by the Carlsbad Energy Center as part of its
proposal for power generation onsite and which is still pending; and
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g g. On September 22, 2009, SP 144(J) was approved to incorporate PDP-00-02(B)
g for modifications to the CSDP; and
IQ h. On May 24, 2011, SP 144(K) was approved to revise text and graphics in order
11 to identify lands that are subject to the Cannon Road-Agricultural/Open Space (CR-A/OS) zone and
12 incorporate the provisions of the CR-A/OS zone; and
13 i. On March 18, 2011, SP 144(M) was applied for and withdrawn; and
j. On September 11, 2011, together with other land use and zone code
amendments regarding the generation of electrical energy, SP 144(N) was approved to modify the
16 provisions of the Specific Plan and to clarify that the EPS is not consistent with the General Plan and
Zoning Ordinance; and
k. On December 6, 2011, SP 144(L) was approved for expansion and upgrade to
the Agua Hedionda Sewer Lift Station (SLS) and Trunk Line.
WHEREAS, the Precise Development Plan is the appropriate regulatory document for
the CSDP, the SLS the existing EPS, and the Amended CECP; and
WHEREAS, outside of the PDP area, there are there are no further infrastructure plans
proposed to support any development of any existing undeveloped land or open space areas within
the boundaries of the Specific Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
2g A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of CECP AMENDMENT-SP 144(0) based on the following
findings:
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Findings:
1. Repeal of the Encina Specific Plan SP 144 is consistent with the provisions of the General Plan in
^ that the properties within the boundaries of SP 144 have land use designations of Public
Utilities (U), Open Space/Travel Recreation (OS/TR), Residential High Density/Open Space
(RH/OS), Open Space (OS) and Travel Recreation (TR). These properties can be adequately
regulated though existing approvals and/or existing or future land use plans as follows:
The General Plan requires approval of a Precise Development Plan (PDP) adopted by
ordinance for properties that have a U land use designation.
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Property owned by Cabrillo I LLC that has a U land use designation and on which is
IQ or will be located the EPS, CSDP, SLS, Amended CECP, and SDG&E Switch Yard are
regulated by PDP 00-02 to the extent those or other uses are not regulated by the
11 California Public Utilities Commission, California Energy Commission, or other
agency. All of the conditions of approval required by SP 144 that apply to this
12 property have either been satisfied, are included in PDP 00-02, or have been made
no longer necessary by approval of the Agreement.
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ii. Properties owned by SDG&E that have a U land use designation (SDG&E
14 maintenance yard and adjacent Encina Substation) would require approval of a
PDP prior to development. There are no unique development standards or
outstanding conditions of approval within SP 144 that apply to these properties.
b. The General Plan requires approval of a Site Development Plan for properties with a
Combination District (OS/TR and RH/OS) containing an area of less than 25 acres
(small, vacant property on the north shore of the lagoon by Garfield Street) and a
Specific Plan for properties containing 25 acres or more (50-acre vacant parcel at
Cannon Road and Interstate 5). There are no unique development standards or
ig outstanding conditions of approval within SP 144 that apply to these properties.
20 c. The Hubbs-Seaworid Research Institute has an OS land use designation and the use
and development has been approved by a Conditional Use Permit (CUP 92-10). There
21 are no unique development standards or conditions of approval within SP 144 that
apply to this property.
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The Agua Hedionda Lagoon, properties located east and west of Carlsbad Boulevard,
23 Cannon Park, and habitat preserve property located east of Grand Pacific Drive and
south of Cannon Road all have an OS land use designation. There are no unique
development standards or outstanding conditions of approval within SP 144 that
apply to these properties.
e. The remaining properties within SP 144 with an OS land use designation are within the
Cannon Road Open Space, Farming and Public Use Corridor and are limited to
2y agriculture and open space uses consistent with Proposition D. There are no unique
development standards or outstanding conditions of approval within SP 144 that
23 apply to these properties.
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f. Except for a portion of the lagoon, all properties within SP 144 are within the
2 Commercial/Visitor Overlay Zone.
3 g. The South Carlsbad Coastal Redevelopment Plan regulates several properties within
SP 144, including all properties with a U designation, a portion of the lagoon, and the
4 50-acre vacant parcel at Cannon Road and Interstate 5.
5 2. All of the properties within the boundaries of SP 144 are within the California Coastal
Commission (CCC) permit jurisdiction and are subject to the Agua Hedionda Land Use Plan
^ (AHLUP). Any development proposed within the AHLUP must be consistent with coastal
polices, the requirements of the AHLUP, and must receive approval of a Coastal Development
Permit by the CCC. 7
^ 3. The repeal of Specific Plan 144 supports City Council Resolution 2014-010, and 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.
^2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
13 the City of Carlsbad, California, held on April 16, 2014, by the following vote, to wit:
14 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
Segall 15
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DON NEU
26 City Planner
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NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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Exhibit X
April 16, 2014
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING THE ENCINA SPECIFIC PLAN
SP 144, LOCATED BETWEEN THE PACIFIC OCEAN AND CANNON
ROAD, AND ENCOMPASSING THE AGUA HEDIONDA LAGOON,
ENCINA POWER STATION, CARLSBAD SEAWATER DESALINATION
PLANT, AGRICULTURAL LANDS AND PROPERTIES WITHIN LOCAL
FACILITIES MANAGEMENT ZONES 1, 3, AND 13.
CASE NAME: CECP AMENDMENT
CASE NO.: SP 144(0)
WHEREAS, the Encina Specific Plan SP 144 was originally adopted by the City
Council as Ordinance No. 9279 on August 3,1971, and has since been amended numerous times;
and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a
request to approve Specific Plan Amendment (SP 144 (0)) to repeal the Encina Specific Plan; 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, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said SP 144(0) be approved.
NOW, THEREFORE, the City Council of the City of CaHsbad does ordain as follows:
SECTION I: That SP 144 - Encina Specific Plan is repealed in its entirety.
SECTION II: That the findings of the Planning Commission in Planning Commission
Resolution No. 7042 shall constitute the findings ofthe City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the day of , 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
.: ;.vpAGi..F.t..e
Legend
Specific Plan 144 Boundary
Precise Development Planning Area
SITE IVIAP e
NOT ro SCALE
CECP Amendment
GPA 14-01 / ZCA 14-01 / PDP 00-02(F) / SP 144(0)