HomeMy WebLinkAbout2009-09-15; City Council; 19964 Part 9; Part 9 - Desalination Project Changes - EIR 03-05A |DA 05-01A|HMP 05-08A|PDP 00-02B|RP 05-12A|SP 144J|Encina Power Station Precise Development Plan – PDP 00-02(B)
May 3, 2006August 19, 2009
Hofman Planning Associatesand Engineering
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PDP 00-02(B)
Encina Power Station
Precise Development Plan
MAY 3, 2006August 19, 2009
PREPARED FOR:
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, California 92008
PROPERTY OWNER:
Cabrillo Power I LLC
Symphony Towers, Suite 27404600 Carlsbad Boulevard
750 "B" Street
San DiegoCarlsbad, California 92101-812992008
APPLICANTS:
Cabrillo Power I LLC
Symphony Towers, Suite 27404600 Carlsbad Boulevard
750 "B" Street
San DiegoCarlsbad, California 92101-8129008
Poseidon Resources (Channelside LLC)
501 West Broadway, Suite 8402020
San Diego, CA 92101
PREPARED BY:
Hofman Planning Associatesand Engineering
5900 Pasteur Court, Suite 1503152 Lionshead Avenue,
Carlsbad, California 9201008
Encina Power Station Precise Development Plan – PDP 00-02(B)
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ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN
TABLE OF CONTENTS
I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT…………………………………………..8
B. ZONING ORDINANCE COMPLIANCE …………………………………………8
C. RELATIONSHIP TO SPECIFIC PLAN 144………………………………………9
D. ESTABLISHMENT OF BASELINE CONDITIONS……………………………...9
E. BUILDING PERMIT ISSUANCE FOR ALLOWED USES……………………...10
II. PHYSICAL SETTING
A. ESTABLISHMENT OF PDP PLANNING AREAS …………………………..…10
B. EXISTING LAND USES AND CONDITIONS …………………………………10
C. PROPOSED CARLSBAD SEAWATER DESALINATION FACILITY
……………… ……….13
D. SURROUNDING DEVELOPMENTS …………………………………………...14
III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS
A. EIR / MITIGATION MONITORING PROGRAM ……………………………….15
B. CITY OF CARLSBAD GENERAL PLAN ……………………………………….15
C. SPECIFIC PLAN 144 (H) …………………………………………………………16
D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP) ………16
E. LOCAL COASTAL PROGRAM COMPLIANCE ………………………………..17
F. GROWTH MANAGEMENT PROGRAM COMPLIANCE …………………….. 17
G. COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD…………… 18
H. COASTAL RAIL TRAIL ….................................................................................... 19
I. HABITAT MANAGEMENT PLAN ..……………………………………………19
J. DEVELOPMENT AGREEMENT-DESALINATION FACILITY ……………….19
K. REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION……….…….. 20
IV. DEVELOPMENT STANDARDS…………………………………………………….. 21
V. PUBLIC IMPROVEMENTS
A. PUBLIC IMPROVEMENTS OVERVIEW…..………………………………....... 27
B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT…………………….. 28
VI. PROCEDURES AND AMENDMENTS
A. CITY COUNCIL APPROVAL OF PDP…………………………………………. 28
B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES………………….......28
C. AMENDMENTS TO APPROVED PDP……………………………….……….....28
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D. CONSISTENCY DETERMINATION WITH APPROVED PDP…….………......29
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LIST OF EXHIBITS
EXHIBIT 1: Regional Map
EXHIBIT 2: Vicinity Map
EXHIBIT 3: Zoning Map
EXHIBIT 4: General Plan Map / Local Coastal Program Boundary
EXHIBIT 5: Precise Development Plan Boundaries
EXHIBIT 6: Ownership
EXHIBIT 7: Planning Areas
EXHIBIT 8: Site Plan with Proposed Facilities
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: SCCRP Boundary
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APPENDIX ITEMS
A: Encina Power Station/Specific Plan 144: Background History
B: Desalination Plant: detailed exhibits and drawings (Revised per PDP 00-02(B))
C: City Council Ordinance NS-779
D: Carlsbad Boulevard and North County Transit District Railroad right of way:
Applicable Scenic Corridor Guideline Excerpts
E: Housing and Redevelopment Commission Resolution XXX approving RP 05-
12 (A) with conditions
F: Mitigation Monitoring and Reporting Program as adopted by City Council
Resolution 2006-XXX156
G: Planning Department Policy No. 35
H: SP 144(HJ). as adopted by City Council Ordinance NSCS-XXX
I: City Council Ordinance NSCS-XXXX, including Planning Commission
Resolution No. XXXX approving PDP 00-02 (B) with conditions
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GLOSSARY OF TERMS
AHL Agua Hedionda Lagoon
Cabrillo Cabrillo Power I LLC
CEQA California Environmental Quality Act
City City of Carlsbad
CRT Coastal Rail Trail
CSDP Carlsbad Seawater Desalination Plant
EPS Encina Power Station
EPSPDP Encina Power Station Precise Development Plan
Lagoon Agua Hedionda Lagoon
LCP Local Coastal Program
LFMP Local Facilities Management Plan
NCTD North County Transit District
PA Planning Area
PDP Precise Development Plan
Poseidon Poseidon Resources Corporation
PRC Poseidon Resources Corporation
SCCRP South Carlsbad Coastal Redevelopment Plan
SDCWA San Diego County Water Authority
SDG&E San Diego Gas and Electric
SP144 Specific Plan 144
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INTRODUCTION
The 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). The EPS is
approximately 95 acres in size and extends from Carlsbad Boulevard to Interstate 5
along the south shore of Agua Hedionda Lagoon.
The EPS is currently capable of producing 965 Megawatts (MW) of electricity and
providing 25% of San Diego County’s total energy requirements.
The Encina Power Station is owned by Cabrillo Power I L.L.C.
The PDP is also the primary approval process for the Carlsbad Seawater
Desalination Project (CSDP), a 50 million gallon per day facility at the EPS. The
CSDP is proposed by Poseidon Resources Corporation, which has entered into a
long-term lease with Cabrillo Power I L.L.C.
The PDP:
a. Depicts the existing land uses and baseline conditions.
b. Establishes development standards consistent with applicable
zoning requirements.
c. Includes provisions for administrative approvals for minor
accessory uses and facility modifications necessary for daily
power generation and desalination operations and to meet
security requirements.
d. Establishes PDP amendment procedures.
e. Facilitates building permit issuance for allowed land uses at
the EPS.
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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
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I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT
The Encina Power Station (EPS) on the southern shore of Agua Hedionda Lagoon, 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 northern San Diego County coastline. The history
and operations of the powerplant are summarized in Appendix A. A summary of the 50
MGD (million gallons per day) seawater desalination facility proposed by Poseidon
Resources Corporation is provided in Section II. C. of this document.
The Public Utility Zone, Chapter 21.36 of the Carlsbad Municipal Code, implements the
corresponding General Plan designation of Public Utility (U). Exhibit 3 (Zoning) and
Exhibit 4 (General Plan) depict these land use designations, respectively. Section
21.36.020 of the Public Utility Zone lists permitted uses and structures, including the
generation and transmission of electrical energy, use and storage of fuel oils, and energy
transmission facilities, all of which are existing uses at the EPS. The processing, use, and
storage of domestic and agricultural water supplies are also identified as permitted uses in
the P-U Zone. Accordingly, since it entails processing, use and storage of domestic water
supplies, the proposed seawater desalination facilityCarlsbad Seawater Desalination Plant
(CSDP) is a permitted use in the P-U Zone. Section 21.36.030 of the P-U Zone prevents
the issuance of any building permits or entitlements “until 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 Precise Development Plan
(PDP). The PDP serves as the primary entitlement for the CSDP. In the future, the CSDP
and other improvements contemplated for the EPS will require building permits; other
future improvements may also require entitlements. Since the EPS is within the boundaries
of the South Carlsbad Coastal Redevelopment Plan, it is subject to the provisions of this
plan as discussed further in Section III. D.
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 Precise Development Plan satisfies the above by providing:
a baseline of existing conditions (January 2006August 2009)
guidance for building permit and entitlement issuance for allowed uses
establishment of planning areas, standards and provisions
amendment and implementation procedures
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linkage to other related regulations, approvals, and documents
Consistency with the General Plan will allow for continued compatibility with the
surrounding developments in the adjacent area, further discussed in II.D of this document.
“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 desalination facility, as well as this Precise Development Plan. EIR
03-05 and implementation of the corresponding Mitigation Monitoring and Reporting
Program (MMRP), will satisfy the above regarding adequate environmental review.
“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 proposed desalination facility. Public
Improvements are addressed in Chapter V.
C. RELATIONSHIP TO SPECIFIC PLAN 144
Specific Plan 144 was approved by the City of Carlsbad in 1971 covering the powerplant
and all related property owned at that time by San Diego Gas & Electric (SDG&E). That
included water and southern shoreline areas of Agua Hedionda Lagoon east of Interstate 5;
in addition to areas west of I-5. Exhibit 5 (Plan Boundaries) depicts the overlapping
boundaries of SP 144 and the Precise Development Plan.
The ownership of the powerplant property by Cabrillo Power I L.L.C. is combined with
their ownership of adjacent lagoon waters west and east of I-5. Precise Development Plan
provisions apply only to the land area zoned P-U since the lagoon water is zoned Open
Space (OS). Exhibit 6 (Ownership) depicts the corresponding property ownerships of
SDG&E and Cabrillo Power.
One of the related entitlements for the desalination facilityCSDP is an amendment to SP
144, which would formally included the PDP area into the Specific Plan. SP 144(H),
therefore, is noted in Chapter III (Incorporation of Applicable Regulations and Documents).
SP 144(J) is the current amendment that corresponds with amendment to the PDP via PDP
00-02(B). SP 144(I), as well as PDP 00-02(A), are is the file numbers that was were
assigned to an application by the powerplant for a re-powering proposal, that instead is
regulated by the California Energy Commission and therefore may not be subject to PDP or
SP 144 provisions. Pertinent provisions from SP 144 are incorporated into Chapter IV,
Development Standards.
D. ESTABLISHMENT OF BASELINE CONDITIONS
The existing conditions and land uses within the P-U Zone as it relates to the EPS are
established. This is an important function of the Precise Development Plan since it will
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serve as the development baseline for any future project implementation at the EPS, such
as the desalination plantCSDP. Existing conditions and land uses are outlined in Chapter
II, Physical Setting.
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 Precise
Development Plan 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 7 (Planning Areas) shows the Precise Development Plan area and corresponding
Planning Area boundaries. The three Planning Areas shown are consistent with the
planning areas shown and described in EIR 03-05 and SP 144(H).
The Assessor’s Parcel Numbers (APN) for the land within the PDP are 210-010-39 and
210-010-37. As determined by these APNs the area of the PDP is approximately 95 acres.
B. EXISTING LAND USES AND CONDITIONS
The Encina Power Station, and the Agua Hedionda Lagoon are well-established features of
coastal North County. Agua Hedionda Lagoon 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 I-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 (Site Plan with Proposed Facilities) as well as the exhibits contained in Appendix
B shows existing structures, paved and parking areas at the power station as well as the
proposed desalination facility location.
PLANNING AREA 1
Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally
located south of the outer Agua Hedionda Lagoon, and adjacent to Carlsbad Boulevard. PA
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1 contains the most recognizable features of the plant: the power generating facility and
emissions stack are located on the western 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’. Other facilities located in PA 1
include water, steam, and natural gas pipelines. An NCTD rail line forms the eastern
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 the south shore of the outer lagoon basin is also
located within PA 1.
In addition to the major structures listed above, the main entrance to the EPS is located in
Planning Area 1, at 4600 Carlsbad Boulevard, south of Agua Hedionda Lagoon. 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 Construction 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
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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, truck 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 of the future 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 shrubs, which serve to screen the facility from
views along Carlsbad Boulevard and from the north shore of the Lagoon. The maximum
height of this facility is less than 20 feet.
PLANNING AREA 2
Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. It contains four
large fuel oil storage tanks, which are generally located between I-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. In recent years, natural
gas curtailments to the EPS resulted in an increased, though intermittent reliance on fuel
oil. This situation could occur again in future years if energy supply and demand reach peak
levels and natural gas availability is scarce.
The land use activities in this planning 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 planning 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 petroleum-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
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Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, and EPS
materials and equipment storage. 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 I-5 and Carlsbad Boulevard. Fire training is intermittently conducted within this
planning area.
PLANNING AREA 3
Planning Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three
small fuel oil tanks known as Fuel Tanks 1, 2 and 3. These tanks are located south of the
outer basin of the Agua Hedionda Lagoon and adjacent to and west of the NCTD tracks.
PA 3 is the location of the proposed Carlsbad Seawater Desalination Plant (CSDP).
Power generation-related facilities located in this planning area include the three 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 fuels and fuel oils
o Wastewater treatment facilities
o Wastewater and/or brackish water treatment, disposal, storage and
reclamation facilities
C. PROPOSED DESALINATION FACILITY
The 50 million gallons per day (MGD) Carlsbad Seawater Desalination Plant is proposed
for a portion of PA 1 and the portion of PA 3 currently occupied by Fuel Tank #3, the
southernmost tank. Appendix B contains engineering drawings depicting various
components of the desalination facility and building elevations.
When fully operational, the proposed 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 desalination facility is described with detailed
analysis in certified EIR 03-05, and EIR 03-05(A), an Addendum to the certified EIR. A
summary is provided below.
The project includes a desalination plant, pipelines and other appurtenant facilities. Fuel
Tank #3 and surrounding earthen containment dikes and adjacent paved areas will be
removed to accommodate the proposed desalination plant. Detailed exhibits and a
preliminary grading plan of the proposed facility are included in Appendix B.
Appurtenant facilities are associated with the desalination facility, consistent with the
project description in certified EIR 03-05 and EIR 03-05(A), such as: intake and discharge
pipes, product water pipeline, transformers, electrical connections and solids handling
building. These appurtenant facilities are proposed primarily in PA 3, and PA 1.
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Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit
12 of this document shows a before/after conceptual aerial photo simulation of the
desalination facilityCSDP.
Offsite infrastructure and facilities to carry and store product water are not included as part
of the Precise Development Plan 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 CSDPdesalination facility. 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 local and/or regional
storage and distribution systems. A large diameter pipeline, proposed along the east
boundary of PA1, would convey product water from the desalination plant in a southerly
direction to offsite infrastructure and facilities. An alternative to this pipeline, not shown
on the PDP exhibits, would convey product water in an easterly direction from the
desalination plant and across a portion of PA2.
These product water pipelines, as and the new offsite pipelines that would be constructed
for conveyance of the product water to the City of Carlsbad, neighboring water agencies
and/or the San Diego County Water Authority, are described in certified EIR 03-05 and
EIR 03-05(A).
Cooling water from the condensers of all five units of the power generating structure flows
into a common discharge tunnel. The concrete discharge tunnel 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 desalination facility 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. SURROUNDING DEVELOPMENTS
As a major electrical generating facility in San Diego County, the EPS is a distinct regional
land use presence. Land uses surrounding 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 Agua Hedionda Lagoon; Interstate 5 is located
along the eastern edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific
Ocean; and, to the south is a small community park (Cannon Park) and the operations
center of SDG&E.
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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
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 Precise Development Plan Jurisdiction)
North: Agua Hedionda Lagoon
South: Industrial utility, Cannon Park
East: I-5 and NCTD Railway Transportation Corridor
West: Carlsbad Boulevard, Beach Access
Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations
(Adjacent to Precise Development Plan Jurisdiction)
North: Open Space
South: Open Space, Planned Industrial, Utility
East: Open Space, Transportation Corridor
West: Open Space
The Encina Power Station and surrounding neighborhoods have co-existed for
approximately 50 years with minimal day-to-day interaction or disturbance. The EPS
operations are self-contained and do not generally extend beyond the limits of the PDP. The
EPS and implementation of the Precise Development Plan will facilitate continued
compatibility with the EPS and surrounding developments in the area.
III. APPLICABLE LAND USE REGULATIONS
A. EIR 03-05, EIR 03-05(A) / MITIGATION MONITORING and REPORTING
PROGRAM
Certification of Final EIR 03-05 constitutes the environmental review necessary for this
Precise Development Plan and the proposed desalination facility. The EIR was prepared,
processed and certified in compliance with CEQA (California Environmental Quality Act).
EIR 03-05 also covers the environmental review of offsite pipeline alignments designed to
convey the desalinated water for regional distribution from the Encina Power Station
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 amendment 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-
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05, EIR 03-05(A) was processed and approved. No new 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 Precise Development Plan.
A copy of the MMRP is included in Appendix F.
B. CITY OF CARLSBAD GENERAL PLAN
The Land Use Element of the Carlsbad General Plan designates the existing power station
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 Precise
Development Plan, compliant with Chapter 21.36, ensures compatibility with the City’s
General Plan.
The Carlsbad General Plan states that the Public Utility designation’s “primary functions
include such things as the generation of electrical energy, treatment of wastewater, public
agency maintenance storage and operating facilities, or other primary utility functions
designed to serve all or a substantial portion of the community”. The desalination use is
considered consistent with these land uses.
Therefore, implementation of the Precise Development Plan, including building permit
issuance for the desalination facility, would be consistent with the site’s land use
designation of Public Utility and the City’s General Plan.
C. SPECIFIC PLAN 144 (H) AND (J)
The amendment to formally include the Precise Development Plan area into Specific Plan
144, processed as SP 144(H), was approved concurrently with the desalination facility, EIR
03-05, and other approvals.
SP 144(H) will formalized the inclusion of the PDP area; and will likewise provide specific
plan coverage compliant with State law guidelines per Government Code Section 65450.
A copy of SP 144 (H) is included in Appendix H. Applicable conditions or regulations
resulting from the integration of the Precise Development Plan into Specific Plan 144 are
outlined with other development standards, planning area by planning area, in Chapter IV.
Specific Plan 144 (J) is the amendment to Specific Plan 144 that implements the site plan
reconfiguration covered by the amendment to this PDP (PDP 00-02(B)), the
Redevelopment Permit Amendment (RP 05-12(A)) and EIR 03-05 Addendum (EIR 03-05
(A)). A copy of SP 144 (J) is included in Appendix H
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D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN (SCCRP)
The South Carlsbad Coastal Redevelopment Plan (SCCRP) is a 555-acre redevelopment
area. As shown on Exhibit 13, the Precise Development Plan area is a portion
(approximately 95 acres) of the larger Redevelopment jurisdiction. Identified goals of the
SCCRP relative to the EPS and PDP jurisdiction include:
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 opportunities.
Increasing parking and open space amenities.
Developing new beach and coastal recreational opportunities.
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. This action requires a PDP for
a number of certain uses, including 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. An amendment to the project’s Redevelopment
Permit (RP 05-12(A)) is processed along with the amendment (PDP 00-02(B)) to this PDP.
Ordinance NS-779 also states that these requirements shall not be required of, or applied to,
uses regulated by the California Public Utilities Commission (CPUC). Ordinance NS-779 is
attached as Appendix C, and integrated into the compliance elements outlined in
Development Standards, Chapter IV.
E. LOCAL COASTAL PROGRAM COMPLIANCE
The Agua Hedionda Lagoon Local Coastal Program (LCP) segment applies to the Precise
Development Plan. 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 for most of the city’s coastal zone in October
1996. However, the California Coastal Commission retained permit authority within the
Agua Hedionda Lagoon LCP.
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Therefore, any development within the Precise Development Plan jurisdiction requires
approval of a coastal development permit by the California Coastal Commission prior to
building permit issuance or effectiveness of any entitlement, such as this Precise
Development Plan. Compliance with related coastal permit conditions shall be addressed
prior to building permit issuance, as part of the Precise Development Plan implementation.
The Agua Hedionda LCP acknowledges the coastal dependent nature of the Encina Power
Station and existing land uses, which are considered to be consistent with supported coastal
policies and objectives. Likewise, the desalination facilityCSDP is consistent with the Agua
Hedionda Lagoon Local Coastal Program as reaffirmed by the environmental review and
certification and approval of Final EIR 03-05 and EIR 03-05(A).
F. 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 infrastructure so that future Zone
demands can be adequately assessed, planned, and provided. The Encina Power Station,
proposed desalination facility, and Precise Development Plan jurisdiction lie within Local
Facilities Management Zone 1 and Zone 3; Zone 1, however, applies only to the northwest
corner of the Encina Power Station and Precise Development Plan jurisdiction in the
vicinity of the aquaculture facilities and discharge pond.
Implementation of the Precise Development Plan, including the CSDPdesalination facility,
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 Precise
Development Plan. This was reaffirmed by the environmental review and certification of
Final EIR 03-05, and EIR 03-05(A) and is summarized below.
LFMP Zone 1 and Zone 3 – Performance Standards & Project Compliance
Performance Standard Project Compliance
Administrative Facilities N/A. This standard does not apply to non-residential uses
Library N/A. This standard does not apply to non-residential uses.
Wastewater Treatment Effects on wastewater treatment are discussed and mitigated in the
EIR and Mitigation Monitoring Reporting Program.
Parks N/A. This standard does not apply to non-residential uses.
Drainage Negligible Effect. The EPS has a Storm Water Pollution Plan in
place. The desalination facility will also implement a SWPP.
Circulation Negligible effect. The desalination facility will only add 120
Average Daily Trips to the traffic circulation of the area.
Fire N/A. This standard does not apply to non-residential uses.
Open Space No effect on open space compliance.
Schools N/A. This standard does not apply to non-residential uses.
Sewer Effects on sewer capacity are discussed and mitigated in the EIR
and Mitigation Monitoring Reporting Program.
Water Beneficial effect anticipated. The desalination facility is anticipated
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to substantially improve the quantity and quality of the water supply
available to the City, neighboring water agencies and the region.
Desalinated water is required to meet all federal, state, regional and
local standards.
G. COMMUNITY THEME CORRIDORS
The City of Carlsbad General Plan designates specific transportation corridors as scenic
roadways. Carlsbad Boulevard on the western perimeter of the PDP is designated as a
"Community Theme Corridor". Excerpts from scenic corridor guidelines applicable to
Carlsbad Boulevard and the railroad right of way are attached in Appendix D. Carlsbad
Boulevard, the local segment of the coast highway located along southern California’s
coast, provides superior visual access with lagoon, ocean, beach, horizon and sunset views.
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 municipalities 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
Mitigation Monitoring and Reporting Program 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, Appendix F. 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).
H. 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 alternative 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 construction.
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 the CRT crosses the bridge over Agua Hedionda Lagoon and continues south
through the Encina Power Station property, on the east side of the railroad tracks within
NCTD right-of-way. An alternative to the railroad right-of-way alignment may be
evaluated: after crossing the lagoon bridge southbound, the trail would align eastward
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toward to the I-5 freeway along the southern shore of Agua Hedionda Lagoon. The trail
would then continue southward along the eastern edge of the Precise Development Plan
property west of I-5, into the existing commercial development located on the north side of
Cannon Road. The commercial development accommodates the Coastal Rail Trail
alignment through its property and facilitates continued southward alignment to city limits.
Regardless of final alignment, the CRT is considered an allowed and supported land use
within the Precise Development Plan. It is specified as an allowed use within the PDP in
Chapter IV, Development Standards.
I. HABITAT MANAGEMENT PLAN
The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space
resources. The Precise Development Plan area is south and adjacent to the Agua Hedionda
Lagoon. Implementation of the Precise Development Plan will not adversely affect the
Lagoon, nor hinder HMP implementation. The PDP is designated as a “Development
Area”, and lies outside of any existing or proposed habitat conservation areas.
The Precise Development Plan 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).
J. DEVELOPMENT AGREEMENT - DESALINATION FACILITY
A Development Agreement may be approved between Poseidon Resources Corporation and
the City of Carlsbad. The primary functions of the Development Agreement are to
eliminate uncertainty in planning 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 under Sections 65864, et seq. of the California Government Code
and Zoning Ordinance Chapter 21.70 are intended.
The final terms of the Development Agreement may need assessment prior to building
permit issuance for the desalination facility.
If approved, the Development Agreement will be on file with the City of Carlsbad, in the
Planning Department under the filing reference of DA 05-01.
The amendment to the Development Agreement, DA 05-01(A), is 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.
K. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION
LOCAL
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City of Carlsbad/Carlsbad Redevelopment Authority
REGIONAL
San Diego County Air Pollution District (APCD)
Regional Water Quality Control Board (RWQCB)
San Diego County Department of Environmental Health
STATE
California Coastal Commission (CCC)
California Public Utilities Commission (CPUC)
California State Lands Commission (SLC)
California Independent System Operator (ISO)
California Department of Fish and Game (CDFG)
California Energy Commission (CEC)
California Department of Health Services (DHS)
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, which are not subject to the regulatory powers of the City of Carlsbad or the Precise
Development Plan.
The desalination facilityCSDP is also subject to the regulatory powers of certain agencies
noted above. However, the Precise Development Plan does not confer any additional
regulatory jurisdictional powers upon the City of Carlsbad than it already retains under
applicable state and federal laws.
IV. 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 Precise Development Plan. In many cases,
Chapter 21.36 does not establish development standards for the P-U zone; instead, Section
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21.36.050 identifies a number of conditions that the City Council may impose on the
Precise Development Plan, 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.
OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA
STANDARD or
REQUIREMENT
DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PA 1
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; PDP
X
X
X
STANDARD or
REQUIREMENT
DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PA 1
Applies
to PA 2
Applies
to PA 3
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
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Parking
See Discussion Below
Chapter 21.36 -
21.36.050 (11);
and the PDP
X
X
X
Building Height
Not to exceed 35 ft
Chapter 21.36 -
21.36.050 (2);
SP 144; AHL LCP
X
X
X
Equipment and
Storage Tank
Screening
To remain reasonable
screened by healthy
landscaping/planting
SP 144
X
X
X
Lighting
Lighting Plan
approval prior to
building permit
issuanceissuedssuance
SP 144; also see
Mitigation
Measures below
X
X
X
STANDARD or
REQUIREMENT
DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PA 1
Applies
to PA 2
Applies
to PA 3
Precise Development
Plan: PDP 00-02.
Ordinance NSCS-
XXX with Conditions
in Appendix I
Zoning Ordinance,
Chapter 21.36
X
X
X
Redevelopment
Permit: RP 05-12(A)
Resolution XXX with
Conditions in
Appendix E
Carlsbad
Redevelopment
Authority/SCCRP
X
X
X
Required Finding of
Extraordinary Public
Purpose-RP required
Ordinance NS-779 in
Appendix C
Carlsbad
Redevelopment
Authority/SCCRP
X
X
X
PDP Requirement Official PDP required SCCRP X X X
Coastal Development
Permit
May be required if
new development in
AHL LCP segment
California Coastal
Commission -
San Diego Coast
X
X
X
Mitigation Measures Appendix F lists EIR
mitigation measures
MMRP per Final
EIR 03-05
X X X
Final Precise
Development Plan
Required for Building
Permit Issuance
Chapter 21.36 -
21.36.100
X X X
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
Planning Area as established by the Precise Development Plan including
Chapter II. B.
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Consistency with the Carlsbad General Plan, Encina Specific Plan, and
Zoning Ordinance, including the permitted uses and structures as outlined by
the Public Utility Zone, Section 21.36.020.
Consistency with the South Carlsbad Coastal Redevelopment Plan, including
Section VI. (600), Uses Permitted in the Project Area.
Consistency with the Local Facilities Management Plan for Zone 3.
Consistency with the Agua Hedionda Land Use Plan.
Consistency with the Scenic Corridor Guidelines.
Coastal Development Permit compliance, if applicable, shall be maintained.
In addition to the permitted uses listed in the Pubic Utilities Zone, Coastal Rail Trail
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
21.36.110 (Uses and structures permitted by conditional use permit) of the P-
U Zone.
Conditional Use Permits approved in accordance with these provisions shall
make the required finding that the proposed conditional use is consistent
with this Precise Development Plan.
LOT COVERAGE
The table below reflects compliance with the maximum allowance of 50% lot coverage.
The difference between the existing and proposed data reflects the desalination
facilityCSDP.
EXISTING LOT COVERAGE
Acres Percentage
Buildings 11.96 12.58 %
Paved Area 24.42 25.68 %
Landscaped Area 20.64 21.71 %
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Unimproved Area 38.06 40.03 %
Total 95.08 100%
PROPOSED LOT COVERAGE
Acres Percentage
Buildings 14.5706 154.793%
Paved Area 253.510 264.873%
Landscaped Area 202.164 213.731%
Unimproved Area 326.87 348.786%
Total 95.08 100%
PARKING, LOADING, AND REFUSE COLLECTION AREAS
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 Precise Development Plan. 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 desalination plant will require 13 parking spaces, a number
sufficient for plant employees, visitors and vendors. Accordingly, a 1322-space parking lot
is proposed on the CSDP desalination plant site, which exceeds the minimum parking
requirement.
Once the CSDPdesalination plant is operational, the demonstration facility will be removed
and the 23 parking spaces it now occupies will again be available. The 112 spaces required
by current EPS uses, combined with the future 12213 3 spaces parking need required by the
CSDP produces a total demand for 1255 spaces, which are accommodated by the current
baseline of 174 parking spaces plus the 9 extra spaces provided at the CSDP (for a total of
183 available parking spaces).
Because of the unique uses at the EPS, determination of parking needs for facilities within
the PDP may require case-by-case basis analysis based on employee numbers, hours of
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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:
Landscaping shall be provided per the requirements of Section 21.36.090 of
the Carlsbad Municipal code, 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 shrubs and 1 gallon plants for color
and accent shrubs/flowers.
Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of
way shall be consistent with the scenic corridor 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 shrubs 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 Director.
GRADING
Grading in the visible areas surrounding 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 Coastal Commission requirements.
ARCHITECTURE & BUILDING MATERIALS
The form and design of any new structures, including the CSDP, would largely be
determined based as a result of the visibility from offsite locations and applicable
government requirements. The following architectural guidelines apply only to the EPS's
perimeter, and other publicly visible components of the Precise Development Plan area.
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Future buildings and structures, and additions and alterations to them or to
existing buildings and structures, 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.
It is recognized that in some cases requirements of other governmental agencies or the
function, nature, or location of the structure 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 Director may determine compliance with
one or both of these guidelines is unnecessary.
SETBACKS
Exhibits 8 and 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 governmental agencies or the function, nature, or location of
the structure 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 Director 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 Coastal Rail Trail alignments.
Desalination facility pipeline alignments.
Reasonable modifications or expansion of existing minor structures
and improvements, including fencing and screen walls, utility poles
and towers; support structures (i.e., guard stations and aquaculture
buildings); detention basins, piping, and underground structures (i.e.
oil pumping stations); mandated pieces of equipment (i.e., pollution
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control facilities) or other minor structures 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 Director, setbacks for the above
facilities may be required for public health, safety, and welfare
purposes, such as to allow adequate vehicle stacking or safe site
distances.
V. PUBLIC IMPROVEMENTS
A. OVERVIEW
Since the provision of necessary public improvements is one of the primary purposes of a
Precise Development Permit per Section 21.36.010 (3), this overview provides a summary
of compliance.
Public improvements 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 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 5 of this
document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public
parking area.
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.
B. OTHER DOCUMENTS – DEVELOPMENT AGREEMENT
Another mechanism that may generate public improvement enhancements would be the
approval of a Development Agreement that involves the City of Carlsbad; the Development
Agreement is also discussed in Section III. J. within this document.
VI. PROCEDURES AND AMENDMENTS
A. CITY COUNCIL APPROVAL OF PRECISE DEVELOPMENT PLAN
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In accordance with Section 21.36.040 of the Public Utility Zone, the Precise Development
Plan requires public hearing approval by the City Council, after recommendation action by
the Planning Commission.
The City Council approval of the Precise Development Plan on XXJune 13, 2006, validates
this document as the official PDP for the subject P-U zoned properties. The Precise
Development Plan was approved via City Council Ordinance NS-XXX806.
B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED
USES
Any request for building permit issuance or an entitlement within the Precise Development
Plan area requires review for consistency with the Precise Development Plan.
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, the Precise Development
Plan and the various other permits and regulations affecting the PDP jurisdiction.
Coordination with other agencies may be necessary in certain cases.
C. AMENDMENTS TO APPROVED PRECISE DEVELOPMENT PLAN
Examples of the types of projects or land uses that would require a formal Precise
Development Plan 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.
Construction of a new power generating station and demolition of the existing
station and stack.
Any expansion of the desalination facility to accommodate more than 50 MGD
(million gallons per day).
Any proposal for re-powering, or other technological restructuring of the Encina
Power Station or desalination facility.
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.
Any addition, expansion, major modification or change of use to the Encina
Power Station or desalination facility, existing power generating station
components, or oil storage tanks, that would exceed the amount of change
permitted by administrative approval consistent with Carlsbad’s Planning
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Department Policy No. 35 regarding substantial conformance review (see VI. D.
below).
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 an amendment to the PDP shall be submitted to the Planning Department
accompanied by necessary graphics, statements and other information including proposed
PDP text and exhibits to support the proposal.
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 Precise Development
Plan.
In these circumstances, building permits may be issued without formal amendment to the
Precise Development Plan.
The process to determine consistency with the PDP shall be according to Planning
Department Policy No. 35, Discretionary Permit Consistency Determination (attached as
Appendix G), as amended from time to time.
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APPENDIX ITEMS
A: Encina Power Station/Specific Plan 144: Background History
B: Desalination Plant: detailed exhibits and drawings
C: City Council Ordinance NS-779
D: Carlsbad Boulevard and North County Transit District Railroad right of way:
Applicable Scenic Corridor Guideline Excerpts
E: Housing and Redevelopment Commission Resolution approving RP 05-12(A)
with conditions
F: Mitigation Monitoring and Reporting Program as adopted by City Council
Resolution 2006-XXX156
G: Planning Department Policy No. 35
H: SP 144(HJ)
I: City Council Ordinance NSCS-XXXX, including Planning Commission
Resolution No. XXXX approving PDP 00-02(B) with conditions.
w. n. - -- 10.. 72' -0 -I DI-E RUT SECTION A-A
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REGIONAL MAP
Encina Power Station Precise Development Plan
Exhibit 1
VICINITY MAP
Encina Power Station Precise Development Plan
Exhibit 2
Hdman Planning Assocktes
LEGEND
R-A 10,000 -~orl..lb..lzon.
CABRILLO POWER PROPERTIES
ZONING MAP
Encina Power Station Pecise Lkwlopment Plan
Exhibit 3
LEGEND
Hofman Planning Associates
CABRILLO POWER PROPERTIES
d GENERAL PLAN MAP / AGUA
HEDIONDA LOCAL COASTAL PLAN
Encina Power Station kise Doteiopment Ph
Exhibit 4
LEGEND
mm-m Speclic Plan Boundary
PLAN BOUNDARIES
Encina Power Station Precise Development Plan
Exhibit 5
Hofman Planning & Engineeting
Hofmcrn Planning Associates
LEGEND
Q Ropecty Ownership BoMes
Mas- pn,-
CABRILLO POWER1 SDG&E
OWNERSHIP MAP
Encina Power Sution Precise Deveiopmenr Plan
Exhibit 6
LEGEND
m PMngAIUmm
Precise
--of m ---
Hofman Planning 8 Engineering PLANNING AREA MAP
Encim Power Station Deveiopment Pian
Exhibit 7
S
Y rnu am maw
SITE PLAN WITH PROPOSED FACILITY
Enci&aPower~mAecire~Pkrn
Exhibit 8
Hofman Planning L Enghaerlng
PLANNING AREA 1
Encina Power Station PmLr Pew- Ph
Exhibit 9
LEGEND
PLANNING AREA 2
Hofman Planning & Engineering
--
Encina Paver Station Precise Development Plan
Exhibit 10
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I
4 I s m rn
I ***
DESALINATION --
FACILITY a-m
(CSDP)
PLANNING AREA 3
Encina Pow Station Pnche hf- Ph
Exhibit 1 1
CONCEPTUAL AERIAL PHOTO SIMULATION
BEFORE AND AFTER
Encina Power tati ion precise ~evelopment plan
Exhibit 12
LEGEND
SOUTH CARLSBAD COASTAL
REDEVELOPMENT AREA
BOUNDARY
Encina Power Slation Precise Development Plan
Exhibit 13
-- F PAC,,
Hofman Planning Associates
DRAFT
City of Carlsbad Specific Plan 144
Amended and Restated with Amendment 144H144J, per
City of Carlsbad Ordinance No. _________, adopted on ________, 20096
2
City of Carlsbad Specific Plan 144
(as amended and restated by Ordinance No._______ with 144(HJ))
I. INTRODUCTION
A. PURPOSE
The purpose of this Specific Plan is to set forth the existing land uses
and land use regulations applicable to the area of Carlsbad which includes
the Agua Hedionda Lagoon and certain areas near the lagoon, including the
Encina Power Station.
Pursuant to Carlsbad City Council Resolution xxxx2003-208xxx, the
purpose of this amendment to Specific Plan 144, described as Specific Plan
144H144J, is to incorporate the Encina Power Station Precise Development
Permit 00-02(B) (PDP 00-02(B)) into Specific Plan 144 while maintaining the
conditions and regulations of previous Specific Plan Amendments A through
GIG.
B. HISTORY
Specific Plan 144 was originally adopted in City of Carlsbad Ordinance
9279 on August 3, 1971. The purpose of the Specific Plan was to provide
rules and regulations for the orderly development of 680 acres of land
located East of the Pacific Ocean and South of the North Shore of the Agua
Hedionda Lagoon, and North of what is now Cannon Road, and provide
design and development guidelines for the expansion of the power plant,
then owned by San Diego Gas & Electric Company. The property covered by
the original Specific Plan 144 was described in Ordinance 9279 as:
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 the City
of Carlsbad, County of San Diego, State of California; also being parcel 6,
page 07, Book 206; Parcels 24,25,26, and 27, Page 01, Book 210; Parcel
21, Page 21, Book 211, and Parcel 14, page 01, Book 212, of the Assessor’s
map of San Diego County, and more particularly described in application on
file in the Office of the City Planner.
As originally adopted, the Specific Plan placed 13 conditions of
development on the subject property and provided for methods of
enforcement.
3
On December 4, 1973 the Carlsbad City Council passed Amendment A
to Specific Plan 144 in Ordinance 9372 to allow for the construction of a 400-
foot stack and removal of the four existing stacks at the Encina Power
Station. This amendment became null and void one year later.
On May 4, 1976 Specific Plan 144 was amended again (Amendment B)
by the City Council’s passage of Ordinance 9456 to permit the construction
of a single 400-foot stack at the Encina Power Station to replace the four
existing stacks. Amendment B provided a finding that “all conditions of City
Council Ordinance 9279 have been complied with and this amendment is
consistent with said ordinance and the provisions of the P-U zone.”
Amendment B to Specific Plan 144 added condition 14 which created design,
development, and other requirements for the construction of the 400-foot
stack, the removal of the existing stacks, and operation of the power station.
Amendment B also provided an exemption to the 400-foot stack and duct
work and screening to the 35-foot height limit established by Condition
Number 5 of Ordinance 9279.
Amendment C of Specific Plan 144 was adopted on May 3, 1977 by
City Council Ordinance 9481 to allow for the construction of water treatment
facilities and a maintenance building at the Encina Power Station.
Amendment C added condition 15 regarding the development of the water
treatment facilities and the maintenance building and amended the map of
the specific plan area.
Between 1978 and 1993 three additional amendments to Specific Plan
144 were applied for and withdrawn by SDG&E for changes to the Encina
Power Station. Amendment D was proposed to allow connection of unit 5 to
the stack, but it was determined that the connection was already allowed
and so the amendment was not necessary. Amendment E proposed various
improvements to the facility, and Amendment F proposed the addition of a
green waste facility. Amendments D, E, and F were all withdrawn and were
not incorporated into the Specific Plan 144.
On January 16, 1996 the Carlsbad City Council adopted Ordinance NS-
345 amending Specific Plan 144 (Amendment G) to remove 24.2 acres of
land from the Specific Plan area. The map of the Specific Plan area was
revised to reflect the removal of the acreage.
In 1999, SDG&E sold a significant portion of its holdings within Specific
Plan 144 to Cabrillo Power I LLC. Property sold included the Encina Power
Station and outer, middle, and inner basins of the Agua Hedionda Lagoon.
SDG&E retained ownership of much of the property within the Specific Plan,
including land east of Interstate 5 and along the lagoon’s south and east
4
shore, the SDG&E construction and operations center located south of the
power station, and property along the lagoon’s north shore west of
Interstate 5.
In 2006, Specific Plan 144(H) accommodated the Carlsbad Seawater
Desalination Plant in the Specific Plan and on the Encina Power Station site.
Specific Plan 144 (I) was submitted by Cabrillo PowerCarlsbad Energy Center
LLC as part of their proposal for power regeneration onsite. This application
is pending and may be , and was superseded by the California Energy
Commission and related procedures.
C. PHYSICAL SETTING
The Specific Plan 144JH area is generally bound by public beach areas
and the Pacific Ocean to the West, the North Shore of the Agua Hedionda
Lagoon on the North, and Cannon Road on the South. The east end of the
Specific Plan is bisected by Cannon Road and contains wetland and upland
areas east and south of the lagoon. A map showing the boundaries of the
Specific Plan 144JH area is shown as Exhibit A attached to this document.
The Specific Plan 144 H J area incorporates the Agua Hedionda Lagoon
on the West and East sides of the I-5 Freeway and includes agricultural land
in the southeast, and the Encina Power Station in the West. The I-5 freeway
bisects the Specific Plan area and the AT&SP/North County Transit District
Rail Corridor parallels the I-5 Freeway in the Western part of the Specific
Plan area and bisects the Encina Power Station. Additionally, Carlsbad
Boulevard is located along and just inside the west Specific Plan boundary
and separates the Encina Power Station from the Pacific Ocean. A small
portion of the Specific Plan is located west of the freeway and along the
lagoon’s north shore.
The Specific Plan Boundary is shown in Exhibit A. The distribution,
location and extent of the uses of the land, including open space within the
area covered by this Specific Plan, are shown in Exhibit B.
II. INFRASTRUCTURE
The Specific Plan area is generally characterized by the Agua
Hedionda Lagoon, Encina Power Station and agricultural land. The following
description provides the existing distribution, location, extent and intensity
of major components of public and private transportation, sewage, water,
drainage and solid waste disposal, energy, and other essential facilities
located within the area covered by the plan, and which support the existing
land uses described in the plan. PDP 00-02 (B), referenced in this Specific
5
Plan, provides information on the Carlsbad Seawater Desalination Project
and associated infrastructure, which are proposed to be approved
concurrently with amendment 144(HJ) to this Specific Plan. PDP 00-02 (B)
also provides details regarding the existing Encina Power Station.
The desalination project is located on the grounds of the Encina
Power Station. Related infrastructure includes conveyance pipelines to carry
desalinated water offsite of the power station (and thus outside the
boundaries of the PDP and Specific Plan) and into surrounding communities.
A portion of the different alignments for the pipelines would cross land within
Specific Plan 144 south and east of the power station and east of Interstate
5. Since these offsite pipelines are not located within the PDP, they are
subject to different permit requirements.
Other than the infrastructure contemplated in PDP 00-02 (B) and
other permits related to the Carlsbad Seawater Desalination Project and not
yet constructed, and any infrastructure referenced in the previously
approved Local Facilities Management Plan described below, there are no
other planned or approved, but as yet unbuilt, changes or additions to
infrastructure facilities in the Specific Plan area. Because additional growth
and development within the Specific Plan area is not proposed , there are no
further infrastructure plans proposed to support any development of any
existing undeveloped or open space areas within the Specific Plan.
Major infrastructure elements in the Specific Plan area include
electrical transmission lines emanating from the Encina Power Station and
which extend across the Specific Plan area to the East, the I-5 freeway, the
AT&SP/North County Transit District Rail tracks, Cannon Road and Carlsbad
Boulevard. The power plant is served by general water and wastewater
facilities that service the greater Carlsbad area.
There are sewer and water lines and a gas main located within the
Cannon Road right-of-way. A gas main and sewer force main also extend
along the AT&SP/North County Transit District Rail tracks. Other public
rights of way in the Specific Plan, such as Cannon Road and Carlsbad
Boulevard, support additional infrastructure.
As part of its Growth Management Program, the City of Carlsbad
adopted the 1986 Citywide Facilities and Improvement Plan in order to
implement the City’s General Plan and Zoning Ordinance. This plan ensures
that development does not occur unless adequate public facilities and
services exist or will be provided concurrent with new development. A Local
Facility Management Plan (LFMP) has been adopted for all but one of the
25 Facility Zones within the City. The Specific Plan 144H 144J area is located
6
within Zone 1, Zone 3 and Zone 13, for which the City has adopted LFMPs.
Consistent with the Citywide Plan, each plan contains performance standards
(i.e., thresholds) for public facilities and services. This provides the City with
quantitative guidance as to whether or not a project will be in conformance
with adequate public facility and service provision thresholds. Therefore,
projects within the City of Carlsbad are subject to thresholds for circulation,
city administrative facilities, fire, schools, libraries, park and recreation
resources, open space, wastewater treatment capacity, sewer collection
system, drainage/storm water system and water distribution. This Specific
Plan incorporates by reference the LFMPs for those parts of the Specific Plan
area that fall within Zone 1, Zone 3 and Zone 13.
There are no proposals for additional development in Specific Plan
area 144H 144J and therefore there will be no additional need for
infrastructure facilities beyond those required for the development in the
PDP 00-02 (B) area. PDP 00-02 (B) is consistent with the LFMP for Zone 1
and Zone 3, and infrastructure within the PDP 00-02 (B) area will be subject
to requirements of PDP 00-02 (B).
III. DEVELOPMENT STANDARDS
Generally, the development standards in this Specific Plan are the
same as the standards contained in the City of Carlsbad General Plan. This
Specific Plan provides for the same Utility, Travel/Recreation Commercial,
Residential High Density, and Open Space designations as are indicated in
the Carlsbad General Plan as shown in Exhibit B attached to this document.
Further, development standards for the Encina Power Station are contained
in PDP 00-02 (B).
At this time, there is no additional development proposed for the
lagoon or agricultural areas of Specific Plan 144H144J. No regulations for
development of these areas are included in this Specific Plan.
Standards and conditions for the Encina Power Station required as
part of the original Specific Plan and Amendments A-G are indicated below.
Items 1-13 were found to be complied with in the findings of City of
Carlsbad Ordinance 9456. Any development proposed outside the PDP 00-
02 (B) portion of this Specific Plan 144(HJ) will require an amendment to
this Specific Plan. Any additional development within the PDP 00-02 (B)
area will not require an amendment to this Specific Plan unless it is
considered a “major formal amendment” as described in PDP 00-02 (B).
7
Specific Plan Amendments 144(A-G) established the following
standards and requirements, (some of which have been satisfied as of the
date of Specific Plan 144(HJ)):
1. That the granting of the requested zoning shall be
subject to the remainder of the San Diego Gas and
Electric property (portion Lot “F”) being annexed to the
City of Carlsbad. Also that the area designated on the
Specific Plan as “Site of Future Power Plant,” east of the
freeway, be subject to Specific Plan approval at a later
date.
2. All developments within the public utility zone shall be
within the conditions specified therein and following.
3. Details concerning the leasing of park lands shall be
agreed upon between San Diego Gas and Electric
Company and the City within one year after the City has
approved final rezoning. Location of baseball little
league park and other athletic facilities shall be subject
to specific plan approval at the earliest practicable date,
it being understood that the present proposed location
thereof is disapproved.
4. All buildings shall be subject to architectural review as
prescribed in Ordinance No. 9268 prior to issuance of a
building permit to assure a maximum amount of design
compatibility with the neighborhood and existing
facilities.
5. The heights of future power generating buildings and
transmission line tower structures shall be of heights and
of a configuration similar to existing facilities. All storage
tanks shall be screened from view. No other structure or
building shall exceed thirty five (35’) feet in height
unless a specific plan is approved at a public hearing.
6. All fuel storage tanks shall be recessed and used for
those oils which, upon being consumed, shall not have a
sulfur content exceeding .50 percent; being that
percentage commonly associated with the term “low
sulfur fuel oil.”
8
7. Landscape and irrigation plans prepared by a registered
landscape architect shall be submitted in conformance
with Ordinance No. 9268 for the screening of existing
facilities. Plans shall be submitted within two years and
must provide a schedule for installation.
8. That the proposed site for a future power generating
facility on the East side of Interstate 5 shall be planned
so as to be compatible with the present facility. The
facilities shall meet the requirements of the State and
Federal regulations and shall be environmentally
compatible with the City of Carlsbad.
9. All signs shall be in conformance with City ordinances
within 90 days.
10. Exterior lighting shall be oriented so that adjacent
properties shall be screened from glare or a direct light
source.
11. Prior to any construction, detailed plans shall be
submitted to the City of Carlsbad Fire Department to
assure:
a) Necessary fire protection requirements.
b) Suitable access roads for fire fighting purposes.
c) Necessary yard mains and fire hydrants.
d) Other fire protection devices or appliances deemed
necessary.
12. That the applicant dedicate right-of-way for that portion
of the width of Cannon Road (102’ R/W) which falls
within the applicant’s property East of I-5. The
alignment shall be subject to the approval of the City
Engineer and Planning Director.
13. That the following conditions of public improvements for
Cannon Road and Carlsbad Boulevard be complied with:
A. Carlsbad Boulevard.
9
1) Construct street improvements including curb,
gutter, sidewalks, street lights and up to 20 feet of paving
along each side where SDG&E property has frontage,
excepting public beaches and property dedicated for public
parks. Construction may be deferred until mutually
agreeable to the City and the Company except that the
safety of the driving and walking public will be considered.
The improvements may be financed by assessment
district.
B. Cannon Road.
1) Construct full street improvements for ½ street
from Carlsbad Boulevard to a point approximately 600 feet
easterly of I-5 along frontage owned by SDG&E, timing to
be subject to approval of City, but in any event not before
development of property adjoining the south side of
Cannon Road or the institution of an assessment district.
2) Dedicate full right of way (102 feet) for that
portion of Cannon Road easterly of I-5 which falls within
SDG&E property.
3) Construction of improvements easterly of B-1
may be deferred until property easterly of I-5 is
developed. Agreement on grade development and
spreading of construction cost shall be mutually agreeable
to the City and the Company. The City policy for
improvement of such streets shall be considered.
C. Access roads shall be subject to City approval.
14. In addition to the above conditions, the revised portions
of the specific plan which permit the construction of the
400-foot stack and the removal of the four existing
stacks shall be accomplished in accord with the revised
specific plan SP-144B and shall be subject to the
following conditions:
(A) All applicable requirements of any law, ordinance or
regulations of the State of California, City of Carlsbad, and
any other governmental entity shall be complied with.
10
(B) All ground lighting shall be arranged to reflect away
from adjoining properties and streets.
(C) Any mechanical and/or electrical equipment to be
located on the roof of the structure shall be screened in a
manner acceptable to the Planning Director. Detailed
plans for said screening shall be submitted, in triplicate, to
the Planning Director for approval.
(D) Air pollution equipment capable of monitoring
ambient particulates, NOx and SO2 concentrations and
other emissions from the Encina Plant as well as air
quality in the Carlsbad area shall be placed in service not
later than six months following the effective date of this
ordinance. The number of stations, type of equipment and
location of stations shall be to the satisfaction of the APCD
Control Officer and the City of Carlsbad. Should the Air
Pollution Control Officer of the San Diego County Air
Pollution Control District require additional air quality or
emissions monitoring equipment and funds for air quality
analysis in connection with their current study of emissions
from the Encina Power Plant, the applicant shall supply
said equipment and funds as deemed necessary by the Air
Pollution Control Officer. The cost of said equipment shall
not exceed $150,000. The requested funds for air quality
analysis shall not exceed $50,000 per year.
(E) Any future measure required by the San Diego
County Air Pollution Control District to lessen or otherwise
control emissions from the Encina Power Plant are hereby
incorporated as a part of this Specific Plan Amendment and
SDG&E shall comply fully therewith. The costs of such
measures shall be borne by SDG&E.
(F) SDG&E will obtain a report of compliance from the
City staff regarding the conditions of this ordinance and
from the San Diego County Air Pollution Control Officer
regarding compliance with the applicable conditions of the
ordinance and with air quality standards, and forward it to
the City Council five years from the date of this ordinance
or as otherwise required by motion of the City Council, or
the Planning Commission. The Planning Commission and
City Council shall review the report with regard to
conformance to the conditions of this ordinance and to
11
regulations required by other applicable regulatory
agencies, including, but not limited to, the San Diego
County Air Pollution Control District, Public Utilities
Commission and State Coastal Commission. The City
reserves the right to amend this specific plan SP-144B as
necessary to add conditions to ensure such compliance.
After the initial report is filed the City Council may, by
motion, require additional reports as they deem necessary.
(G) In the event that the City of Carlsbad determines
that the 400-foot stack is no longer necessary as a method
of air emission dispersion, the 400-foot stack shall be
removed at the applicant’s expenses. The applicant may
request an amendment to this specific plan to provide a
reasonable extension of the period for such removal.
(H) The applicant shall make a formal commitment to
conduct the studies necessary to determine what operating
practices and/or emissions control devices are capable of
eliminating the particulate “fallout” problem. A schedule
for the completion of the studies shall be established
which is satisfactory to the San Diego County Air Pollution
Control District Officer, the Air Pollution Control District
Hearing Board or Court of Law. SDG&E shall fully comply
with the abatement order entered in petition No. 607.
The applicant shall further agree to pay claims for property
damage resulting from the “fallout” problem until
compliance with the abatement order is achieved.
The particulate “fallout” problem shall be controlled to the
satisfaction of the City Council of the City of Carlsbad and
of the Air Pollution Control Officer prior to the final building
permit clearance for Encina 5 and the single stack.
(I) Not later than eight months after the Building
Inspector signs the final inspection for the 400-foot stack,
the four stacks on the existing Encina Power Plant shall
be completely removed.
(J) SDG&E shall file an annual report with the City
Council regarding improvements in plant and operating
procedures during the preceding year which reduce the
12
emission of air pollutants resulting from the operation of
Encina Units 1, 2, 3 and 4.
(K) SDG&E shall operate the plant in full compliance with
all air quality standards as are or may be established by
the APCD. If the monitoring stations indicate the
standards are being exceeded at any time, SDG&E shall
comply with all directions of APCD to reduce, through any
reasonable means, pollutants from the plant.
(L) In the event SDG&E files for a variance or other form
of administrative or legal relief from the requirements of
APCD, they shall concurrently forward a copy of any such
filing, or any subsequent communications in connection
therewith, to the City of Carlsbad.
15. In addition to the above conditions, the revised portions
of the specific plan which permits the construction of
water treatment facilities and a maintenance building
shall be accomplished in accord with the revised specific
plan SP-144(C) and the plot plan marked Exhibit A,
dated January 31, 1977, attached hereto and made a
part hereof, and shall be subject to the following
conditions:
A. The water treatment ponds shall be constructed and
maintained to the following standards to minimize the
likelihood of the ponds serving as mosquito breeding
sources:
1. Confine standing water impoundment to as
small an area as possible.
2. All pond areas shall be lined with a nonporous
material acceptable to the City Engineer.
3. Maintain a removal program of dense aquatic
vegetation, such as cattails, bulrush, tule,
pondweed, etc.
4. Maintain a mosquito fish (Gambusia affinis)
population, as necessary.
13
5. Maintain routine (weekly) inspections of water
impoundments to detect mosquito breeding.
6. Abate any mosquito breeding, as it is detected.
B. Prior to the issuance of building permits for the
maintenance building, the applicant shall submit a plot
plan to the Planning Director for review and approval
showing which existing shops and storage activities are to
be removed and consolidated into the new structure.
Standards and criteria by which development will proceed at the
Encina Power Station are set forth in PDP 00-02 (B) (adopted concurrently
with Specific Plan amendment 144(HJ) and are hereby incorporated into this
document by reference. The P-U zoning district, Zoning Ordinance Chapter
21.36, is the primary source of the standards and conditions established
within PDP 00-02 (B). Other standards and conditions in PDP 00-02 (B)
originate from related regulations and documents discussed in Chapter III of
PDP 00-02 (B).
As described in PDP 00-02 (B), aAny future formal amendments to
PDP 00-02 (B) will be incorporated into the Specific Plan 144 but and will not
require an amendment to this Specific Plan unless the amendments are
considered “major amendments” as described in PDP 00-02 (B).
Other land use regulations applicable to Specific Plan 144 include the
following:
The Agua Hedionda Land Use Plan. Specific Plan 144 is entirely
within the boundaries of the Agua Hedionda Land Use Plan,
which is part of the City’s Local Coastal Program,
The South Carlsbad Coastal Redevelopment Plan (SCCRP). The
SCCRP encompasses within its boundaries the western half of
Specific Plan 144, including a portion of the agricultural land
east of I-5 and the majority of the area west of I-5 (including
the Encina Power Station).
Furthermore, Specific Plan requirements shall not be required of, or
applied to, uses regulated by the California Public Utilities Commission
(CPUC).
14
IV. IMPLEMENTATION
Specific Plan 144H 144J authorizes no new development in the
Specific Plan area over and above that allowed by Precise Development Plan
00-02 (B). The City of Carlsbad has instituted zoning regulations for the
area covered by Specific Plan 144H144J. In the future, any amendment to
the Carlsbad Zoning Ordinance affecting an area covered by this Specific
Plan will require zoning to be consistent with this Specific Plan per
Government Code section 65455.
V. RELATIONSHIP TO THE GENERAL PLAN
The Specific Plan 144H 144J incorporates the Carlsbad General Plan
land use designations for the area covered by Specific Plan 144H144J. The
Specific Plan is therefore consistent with the General Plan as shown in
Exhibit B attached to this document. It should be noted that zoning of
certain areas covered by Specific Plan 144H 144J is not consistent with
General Plan land use designations shown in Exhibit C attached to this
document.
The General Plan for the City of Carlsbad designates the land
contained in the Specific Plan 144H 144J area as RH “Residential High
Density,” U “Public Utility,” OS “Open Space,” and T-R “Travel/Recreation
Commercial.” The Encina Power Station is designated U and the majority of
the remaining Specific Plan area is designated OS. The General Plan states
that the Utility designation’s “primary functions include such things as the
generation of electrical energy, treatment of waste water, and operating
facilities, or other primary utility functions designed to serve all or a
substantial portion of the community.”
The Specific Plan provides regulations for the development of the
Encina Power Station which provides “generation of electrical energy,” and
incorporates the PDP 00-02 (B). The PDP serves as a permit for the
Carlsbad Seawater Desalination Project, which would provide “primary utility
functions designed to serve all or a substantial portion of the community,”
by augmenting potable drinking water supplies for the City of Carlsbad.
Thus, the power station and desalination plant are uses consistent with the
provisions of the General Plan. Other than the desalination plant, Specific
Plan 144(HJ) authorizes no additional development.
Additional areas covered by Specific Plan 144HJ include the Agua
Hedionda Lagoon, property along the north shore of the lagoon and west of
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Interstate 5, agricultural area East of the I-5 freeway along the lagoon’s
south shore, and wetland and upland areas at the east end of the lagoon on
either side of Cannon Road. The majority of these additional areas is
designated Open Space. The specific plan does not provide for any new
development to occur in these areas, which besides Open Space are
designated as Travel/Recreation Commercial, and Residential High Density.
In doing so, the Specific Plan maintains consistency with and enables
implementation of the goals of the Land Use and Open Space Elements of
the Carlsbad General Plan.