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HomeMy WebLinkAbout1998-05-12; City Council; 14676; Encina Power Plant- - CITY OF CARLSBAD - AGEWA BILL AB# k$ I$, TITLE: MTG. 5-f%-?% RESOLUTION OF INTENTION REGARDING SDG&E PROPERTlESlENClNA POWER PLANT DEPT. PLN * DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution of Intention No. 98 -1~ 5 declaring its intention to study and consider amendments to the General Plan, Zoning designations and the Zoning Ordinance pertaining to the Encina Power Plant and surrounding properties now under the ownership of the San Diego Gas and Electric Company and directing staff to prepare a work plan and commence a study regarding the amendments. ITEM EXPLANATION: The purpose of this Resolution of Intention is to direct staff to study and make a recommendation to the Planning Commission and City Council regarding consideration of amendments to the General Plan and Zoning designations for the SDG&E properties including the Encina Power Plant site. The reasons for recommending that the City Council adopt the Resolution are contained in the recitations of the attached Resolution. As the City Council is aware, the city has requested SDG&E for many years to do a comprehensive, updated plan for its properties. There are many unresolved issues associated with the properties including zoning designations which do not match the General Plan, outdated plans which do not show existing structures and improvements, Local Coastal Plan requirements which have not been addressed and numerous other issues. Despite verbal commitments from SDG&E, it has never stepped forward to initiate a process to develop an updated plan for its properties. Now, since SDG&E has applied to the California Public Utilities Commission for permission to sell the Power Plant site and the lagoon to a new, private operator, the city is even more concerned that these issues will not be resolved in the near future. If the City Council approves the attached Resolution of Intention, staff will return with a detailed work plan for doing the referenced study. Attached as Exhibit “2”, is an outline of staffs initial thoughts on the study. The study could consist of three components or phases as follows: I. Initially, a significant amount of staff time will be needed to research and review all the background information and files regarding the Encina Power Plant and surrounding SDG&E properties. There is a substantial amount of history (35+ years) and many documents related to the Power Plant and adjacent SDG&E land. (Estimated time - 2 to 3 months.) 2. The second phase of the study would focus on land use for the properties from a strictly General Plan and Zoning perspective. This phase of the study will be to determine whether existing General Plan and Zoning designations are still appropriate for the properties and what is needed to bring the Zoning and General PAGE 2 OF AGENDZBILL NO. /Y,6 3 6 - Plan into strict conformance. Staff will be prepared at the end of this second phase to make recommendations on appropriate land uses for the properties and the necessary amendments to the General Plan to effectuate the recommended land uses. This phase will also include environmental review and a recommendation on what should be done with the existing, outdated Specific Plan on the properties to reflect any General Plan and Zoning Amendments and to ensure that all present city ordinances, requirements and programs are addressed including the Local Coastal Program. (Estimated time - 6 to 9 additional months.) 3. A possible third phase would be to prepare a “conceptual master plan” for the properties including the Power Plant portion particularly if it is determined in the second phase of the study that the Power Plant is not the most appropriate and best long-term use for the property. (Estimated time - 4 to 6 additional months.) Staff is not requesting City Council approval of a work plan at this time nor a decision on whether the study should include doing a “master plan” for the properties. Staff is recommending, however, as part of the Resolution of Intention, that staff be authorized to solicit Qualification Proposals from consulting firms to assist staff in preparing a “Master Plan” should the Council approve a third phase of the study. ENVIRONMENTAL REVIEW: Adoption of this Resolution of Intention does not require environmental review. Any proposed amendments to the General Plan or Zoning designations or the Zoning Ordinance will require environmental review. Given the nature of possible amendments, it is probable that staff will recommend the preparation of a complete Environmental Impact Report (EIR) for the project. FISCAL IMPACT: A significant amount of staff time will be necessary to complete the study, prepare its recommendations and process this item. Some funds from the Planning Department budget may need to be expended in order to process the item (e.g. supplies, printing and noticing). Some professional consulting services may be needed to assist staff, however, a separate agenda bill would be prepared to obtain City Council approval for consultant services and funding for same. EXHIBITS: 1. City Council Resolution of Intention No. 9BW fY 5 2. Outline of Study. 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 CITY COUNCIL RESOLUTION OF INTENTION NO. 98-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO STUDY AND CONSIDER AMENDMENTS TO THE GENERAL PLAN, ZONING DESIGNATIONS AND THE ZONING ORDINANCES PERTAINING TO THE ENCINA POWER PLANT AND SURROUNDING PROPERTIES PRESENTLY UNDER THE OWNERSHIP OF THE SAN DIEGO GAS AND ELECTRIC COMPANY WHEREAS, the San Diego Gas and Electric Company (SDG&E) initially constructed the Encina Power Plant in approximately 1952; and WHEREAS, the Public Utility (PU) Zone was established in 1971 and applied to the Encina Power Plant and surrounding properties owned by SDG&E; and WHEREAS, in conformance with the PU Zone, a Specific Plan was adopted for the 680 acre SDG&E ownership including the Power Plant site; and WHEREAS, the General Plan designation establishing a Public Utilities (U) land use classification was created in 1974 and subsequently applied to the Encina Power Plant; and WHEREAS, in 1973 the City Council approved an amendment to the Specific Plan to permit enlargement of the Power Plant including the construction of a 406 foot high stack as a means of dispersing Power Plant air emissions and reducing adverse impacts on surrounding residential neighborhoods; and WHEREAS, the amended Specific Plan required notice and public hearings for any subsequent changes to the Plan; and WHEREAS, there have been a number of changes made at the Power Plant without notice and hearings including a fuel tank installation in 1975, a two-story 5O’x16’ control room in 1977, the relocation of a maintenance building, expansion of a li h..i 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 - switching substation and driveway in 1980, the expansion of a distribution substation in 1982, the addition of a 6,168 square foot administration building in 1984, the remodeling of the electric shop in 1985, addition of a storeroom and repair facility in 1986, the construction of a 24’ x 40’ pipe storage shed in 1986, the construction of a 30’ x 30’ metal paint shop in 1986, the addition of numerous microwave dishes and radio antenna attached to the stack, and the addition of temporary office trailers; and WHEREAS, SDG&E was informed that any future modifications, changes, amendments or additions to its plant would require a complete major amendment to the specific plan processed in accordance with Chapter 21.36 of the Carlsbad Municipal Code, and at that time, the cumulative impact of all previous changes would be considered and an analysis would be made as to whether any conditions are necessary to address those cumulative impacts; and WHEREAS, in 1975, the PU Zone was updated to require a Precise Development Plan (PDP) rather that a Specific Plan for public utility uses; and WHEREAS, SDG&E has been informed that a Precise Development Plan is needed for the Power Plant site; and WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was adopted in 1982 which includes the properties owned by SDG&E including the Encina Power Plant site; and WHEREAS, the LCP contains numerous regulations and restrictions which impact the SDG&E properties and the Power Plant including public access, land use, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon; and -2- 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 WHEREAS, the existing Specific Plan for the SDG&E properties does not address the regulations and restrictions of the LCP; and WHEREAS, the City applied to the Coastal Commission to obtain effective certification for the Agua Hedionda LCP but was requested by SDG&E to withdraw the application which the city subsequently did based upon a commitment by SDG&E that it would update its Specific Plan and bring the Power Plant site into conformance with the Site Development Plan (“Plan”) requirements contained in Chapter 21. 36 of the Carlsbad Municipal Code; and WHEREAS, SDG&E did not follow through on its commitment regarding the LCP; and WHEREAS, the Zoning designations on the SDG&E properties are not in strict conformance with the General Plan designations on the properties in that portions of the properties are zoned Public Utility (PU) but are designated on the General Plan for Open Space (OS) or Travel/Recreational Commercial (TR) use; and WHEREAS, because of the aforementioned occurrences and unresolved issues, the city has requested of SDG&E on numerous occasions that it prepare a comprehensive, updated Plan for the existing and future use and development of its property; and WHEREAS, despite numerous verbal agreements to do an updated Plan, SDG&E has not come forward with a formal proposal, work program or timeline for initiating a process to update its Plan and address outstanding concerns and issues; and -3- 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 WHEREAS, SDG&E has now informed the city that it is mandated by the courts to divest itself from its electric generating operations and facilities and has applied to the California Public Utilities Commission for permission to sell the Encina Power Plant to a private operator without addressing or agreeing to address the aforementioned issues regarding outdated plans, land use inconsistencies, coastal concerns and unfulfilled commitments; and WHEREAS, the sale of the Power Plant site to a private operator raises additional issues and public concerns including future restrictions on public access to the Agua Hedionda Lagoon, future dredging of the lagoon, restrictions on the use of the site to only industrial or power generation notwithstanding consideration of the public health, safety or general welfare, the disposition of Cannon Park, proposed future changes of land use, the continuation of aquaculture and research at the lagoon, beach area improvements, environmental clean-up and mitigation related to oil and fuel storage and usage; and WHEREAS, the city believes that it is necessary in order to protect the interests of its citizens for the city staff to initiate a process to address the aforementioned issues and concerns and to study and consider a comprehensive, updated plan for the SDG&E properties including the Encina Power Plant site; and WHEREAS, the city believes that it is necessary for this process to include consideration of amendments to the existing Zoning and General Plan designations of the SDG&E properties; and WHEREAS, these considerations should include whether the continued use of a portion of the property for a Power Plant is in the best interest of the citizens of -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 28 Carlsbad and is the best, long-term use of the property given its superior coastal location and its proximity to other existing, surrounding uses that can be adversely impacted by Power Plant use; and WHEREAS, since SDG&E intends to sell the Encina Power Plant to a private operator, Section 21.48.100 of the Carlsbad Municipal Code which exempts Public Utilities from certain non-conforming use provisions of the Zoning Ordinance may no longer be appropriate or necessary and this code section should be considered for amendment or repeal. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and Section 65358 of the State Government Code, the City Council of the City of Carlsbad declares its intention to consider amendments to the General Plan and the Zoning Ordinance as it pertains to the Encina Power Plant and the surrounding properties now under the ownership of the San Diego Gas and Electric Company (SDG&E) as shown on the attached location map and labeled Exhibit “A,,. 3. City staff is hereby directed to study this matter, prepare recommendations and to set public hearings before the Planning Commission and City Council to determine whether the present General Plan and Zoning designations for the SDG&E property including the Power Plant site should be amended. 4. Part of the study may include preparing alternative land uses and a “conceptual Master Plan” for the properties including the Encina Power Plant site and, at this time, staff is authorized to solicit Requests for Qualifications (RFQs) from consulting firms that are interested in contracting with the city to assist staff in preparing said alternative uses for the Power Plant site. . . . . . . -5- LOCATION MAP EXHIBIT “A” SDG&E PROPERTIES ROI OUTLINE OF SDG&E WORKPLAN EXHIBIT 2 1. RESEARCH 2-3 MONTHS a) review all existing files/info b) review expansion chronology/files c) review Specific Plan and AHL LCP d) review PU zone; SP vs. PDP requirements e) list out designation inconsistencies to be addressed by Ila below II. PROPOSE GENERAL PLAN/ZONING DESIGNATIONS 6-9 MONTHS a) zoning/General Plan/LCP inconsistencies; address short term fix b) develop/proposed land use designations to address long term vision c) review 21.48.100 re: nonconforming regulations and power utilities d) review all LCP provisions for SDG&E properties (p. 12/#7, p. 19, bike path, etc.) e) if possible, conclude with recommendation on long term status of power plant Ill. DEVELOP “MASTER PLAN”/DEVELOPMENT PLAN 4-6 MONTHS a) develop “master plan” based on research and desired vision for the area b) could involve consultant work to develop the “master plan” TOTAL ESTIMATED TIME: 12-18 MONTHS - San Diego Gas & Electric An Enova Company 101 ASH STREET l P.O. BOX 1831 l SAN DIEGO. CA 92112-4150 l 619/896-4441 l FAX 619/696-4688 EDWIN A. GUILES PRESIDENT May 12, 1998 Honorable Claude E. Lewis, Mayor Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Dear Mayor and Council Members: The purpose of this letter is to request that you continue your agenda item for this evening which would initiate a program of land use studies for SDG&E property in and around the Encina Power Plant and Agua Hedionda Lagoon. Your proposed action is of course the result of issues which have been identified between us as part of the sale by SDG&E of the Encina Power Plant, the sale having been ordered by the California Public Utilities Commission. SDG&E wishes that you would not take this action, but acknowledges your ability to do so. SDG&E understands and acknowledges the City’s concerns - first that after 40-plus years, an unknown entity will shortly be the owner of the power plant, and secondly, the City is displeased with the long-standing jurisdictional dispute over the power plant property and believes that certainty of future controls and uses must be achieved prior to the sale. Please let this letter be of assurance to you that while we may continue to disagree on certain issues, without question we recognize the importance of responding to you in a productive manner. We ask your consideration of a one-month continuance of this item in order that we can present your staff with our specific responses to your concerns. As you know the time frames set in place for sale of the power plants is short, and you certainly retain the ability to initiate your action at any time. We hope you would agree that nothing is lost by a moderate delay. Thank you for your consideration of this letter and our request. 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