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HomeMy WebLinkAbout2010-10-05; City Council; 20377; ENCINA POWER PLANT LAND USESCITY OF CARLSBAD AND HOUSING AND REDEVELOPMENT COMMISSION JOINT AGENDA BILL 20,377AB# MTG. DEPT. CED 10/5/2010 ISSUANCE BY THE CITY COUNCIL AND CONCURRENCE BY THE HOUSING AND REDEVELOPMENT COMMISSION OF A WRITTEN REPORT REGARDING THE ENCINA POWER PLANT LAND USES DEPT. CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council adopt Resolution No. 2010-237 authorizing the issuance of a written report describing the measures taken by the City to alleviate the conditions that led to the adoption of Urgency Ordinance CS-067, consistent with Government Code Section 65858(d). That the Housing and Redevelopment Commission adopt Resolution No. 493 concurring with the City Council's issuance of a written report describing the measures taken by the City to alleviate the conditions that led to the adoption of the Urgency Ordinance CS -067. ITEM EXPLANATION: The City Council adopted an Urgency Ordinance CS-067 in October 2009 declaring that the Carlsbad Energy Center Project (expansion of the existing Encina Power Station) represents a current and immediate threat to public health, safety and welfare and adopted a moratorium to prohibit any new or expanded thermal electric power generation facilities within Carlsbad's Coastal Zone. Urgency Ordinance CS-067 was extended by the City Council on December 1, 2009 for a period of 10 months and 15 days or until October 20, 2010 (Ordinance CS-070). Consistent with Government Code Section 65858(d), the Interim Ordinance may subsequently be extended for one additional year, until October 20,2011. One of the provisions of Government Code Section 65858(d) states that ten days prior to the expiration of an interim ordinance or any extension, the legislative body, in this case the City Council, shall issue a written report which describes the measures taken to date to alleviate the condition which led to the adoption of the ordinance. The "Encina Power Plant Land Use Analysis" report, dated September 27, 2010 and attached to this Agenda Bill as Exhibit 3, is intended to meet the issuance of a written report requirement of Government Code Section 65858(d). The written report includes sections on the background, project description, findings and a recommendation. Because of the involvement of the Housing and Redevelopment Agency regarding the Encina Power Plant land use discussion and analysis, the Housing and Redevelopment Commission is being asked to concur with the report issued by the City Council. FISCAL IMPACT: The City Council's issuance of the report has no fiscal impact to the City. DEPARTMENT CONTACT: Christer Westman 760-602-4614 christer.westman@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Dnn Page 2 ENVIRONMENTAL IMPACT: This action does not constitute a project as defined under CEQA (California Environmental Quality Act section 15378) pursuant to Public Resources Code Section 21065 in that the written report would not cause any direct or indirect physical change in the environment because the Moratorium prohibits the approval of any development application for thermal electric power generation facilities in the Coastal Zone. EXHIBITS: 1. City Council Resolution No. 2010-237 2. Housing and Redevelopment Commission Resolution No. 493 3. Encina Power Plant Land Use Analysis/City Council Written Report dated September 27, 2010. 1 RESOLUTION NO. 2010-237 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE 3 ISSUANCE OF A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN BY THE CITY TO ALLEVIATE THE 4 CONDITIONS THAT LEAD TO THE ADOPTION OF URGENCY ORDINANCE CS-067, CONSISTENT WITH 5 GOVERNMENT CODE SECTION 65858(D) 6 WHEREAS, at its regular meeting of October 20, 2009, the City Council adopted 7 Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal electric power 8 generation facilities located in Carlsbad's Coastal Zone; and 9 WHEREAS, Government Code section 65858 authorizes extension of said 10 emergency interim ordinance, after notice and hearing, by a four-fifths vote for up to twenty two 11 (22) months and fifteen (15) days; and 12 WHEREAS, at its regular meeting of December 1, 2009, the City Council adopted 13 Urgency Ordinance No. CS-070 extending Urgency Ordinance CS-067 by ten (10) months and 14 fifteen (15) days to expire October 20, 2010 prohibiting any new or expanded thermal electric 1 -> power generation facilities located in Carlsbad's Coastal Zone; and 16 WHEREAS, Government Code Section 65858(a) allows the extension of such *' interim ordinance by a four-fifths vote of its legislative body for a subsequent one additional year; 18 and 19 WHEREAS, Government Code Section 65858(d) requires that ten days prior to the 20 expiration of CS-067 the legislative body issue a written report describing the measures taken to 21 alleviate the condition which led to the adoption of the ordinance. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 23 Carlsbad, California as follows: 24 1. That the above recitations are true and correct. 25 2. That pursuant to Section 65858(d) of the State Government Code, the City 26 Council of the City of Carlsbad authorizes the issuance of a written report describing the measures taken by the City to alleviate the conditions that led to the adoption of Urgency 27 Ordinance CS-067. 28 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 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a Joint Special Meeting of the City Council and the Housing and Redevelopment Commission of the City of Carlsbad on the 5th day of October 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: J/ORR/|flNt M. W<6OD,ACity Clerk ' UV_^ (SEAL) -2- 1 RESOLUTION NO. 493 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA CONCURRING WITH THE ISSUANCE OF A WRITTEN REPORT BY THE CITY 4 COUNCIL DESCRIBING THE MEASURES TAKEN BY THE CITY TO ALLEVIATE THE CONDITIONS THAT 5 LEAD TO THE ADOPTION OF URGENCY ORDINANCE CS-067, CONSISTENT WITH GOVERNMENT CODE 6 SECTION 65858(0). 7 WHEREAS, at its regular meeting of October 20, 2009, the City Council adopted 8 Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal electric power 9 generation facilities located in Carlsbad's Coastal Zone; and 10 WHEREAS, Government Code section 65858 authorizes extension of said 11 emergency interim ordinance, after notice and hearing, by a four-fifths vote for up to twenty two 12 (22) months and fifteen (15) days; and WHEREAS, at its regular meeting of December 1, 2009, the City Council adopted Urgency Ordinance No. CS-070 extending Urgency Ordinance CS-067 by ten (10) months and fifteen (15) days to expire October 20, 2010 prohibiting any new or expanded thermal electric power generation facilities located in Carlsbad's Coastal Zone; and 1 7 WHEREAS, Government Code Section 65858(a) allows the extension of such 18 interim ordinance by a four-fifths vote of its legislative body for a subsequent one additional year; 19 and 90 WHEREAS, Government Code Section 65858(d) requires that ten days prior to the 21 expiration of CS-067 the legislative body issue a written report describing the measures taken to 22 alleviate the condition which led to the adoption of the ordinance. 23 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 24 Commission of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Housing and Redevelopment Commission of the City of Carlsbad concurs with the issuance of the written report issued by the City Council describing the measures taken by the City to alleviate the conditions that led to the adoption of Urgency Ordinance CS-067. 28 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 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a Joint Special Meeting of the City Council and the Housing and Redevelopment Commission of the City of Carlsbad on the 5th day of October 2010, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. S, ChaYrrrfan' ATTEST: LISA HILDABRAND, Secretary (SEAL) |\1970 / -2- 3 C I T Y O F hi bitsH> CARLSBAD Memorandum September 27, 2010 To: Lisa Hildabrand, City Manager From: Christer Westman, Senior Planner Via: Gary Barberio, Community and Economic Development Director Don Neu, City Planner Re: Encina Power Plant Land Use Analysis BACKGROUND The City Council took several actions in response to Carlsbad Energy Center LLC filing a Notice of Intention on September 14, 2007 with the California Energy Commission ("CEC") to construct and operate the Carlsbad Energy Center Project (CECP), an additional 558-megawatt power generating facility, at the existing Encina Power Station site. These include: October 20. 2009 • The City Council adopted Urgency Ordinance CS-067 to: 1) declare that the CECP (expansion of the existing Encina Power Station) represents a current and immediate threat to public health, safety and welfare; and 2) adopted a 45 day moratorium to prohibit any new or expanded thermal electric power generation facilities within Carlsbad's Coastal Zone. Urgency Ordinance CS-067 would expire on December 4, 2009, unless extended. • The City Council adopted Council Resolution 2009-263, directing staff to prepare a land use analysis that: 1) evaluates what appropriate land use designations and zones should be applied to Specific Plan Area 144 (which includes the Encina Power Station and the proposed CECP project site); and 2) identifies where, if any, locations are acceptable for power generation in Carlsbad. As shown on Exhibits 1 and 2, both properties are currently designated Public Utility (U) and zoned Public Utility (P-U). November 16, 2009 • Consistent with California Government Code Section 65858(d), a written report describing the measures taken to alleviate the subject urgency ordinance condition was provided to the City Manager (See Exhibit 4) no less than 10 days prior to expiration of the adopted urgency ordinance (by November 24, 2009) in order to consider an extension of the moratorium. Measures taken by the City to alleviate the subject urgency ordinance condition included the City's written objections to the CEC regarding the Carlsbad Energy Center Project (CECP). In response to Council Resolution 2009-263, staff identified five (5) Encina Power Plant Land Use Study Processing Options and a recommendation for the City Council (See Exhibit 5). Staff indicated that it would require additional time to complete the Land Use Studies and therefore recommended that the City Council extend Urgency Ordinance CS-067. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 760-602-8560 fax www.carlsbadca.gov 7 Encina Power Plant Land Use Analysis September 27, 2010 Page 2 December 1. 2009 • The City Council adopted Ordinance CS-070 to extend Urgency Ordinance CS-067 for 10 months and 15 days (through October 20, 2010). • The City Council also adopted Council Resolution 2009-299, directing staff to 1) prepare a Land Use Study consistent with a combination of Land Use Study Processing Options IB (Redesignate the site as a Combination General Plan District) and 1C (Designate the site as a Special Planning Consideration Area in the General Plan); 2) complete a review of alternative sites within the City that may accommodate and are acceptable to the city for the location and operation of thermal electric power generation facilities including public outreach and input through the City's General Plan Update; and 3) take up to 24 months to complete. (Including General Plan, Zone Code and zoning amendments; and 3) consider the repeal of C.M.C. Section 21.48.100 (Nonconforming Buildings and Uses) regarding Public utility exemptions; and, environmental review). PROJECT DESCRIPTION Under this direction, the Planning Division has undertaken a land use study to evaluate the appropriateness of the existing Public Utilities (U) land use designation as well as alternatives which may be more appropriate. The Public Utilities designation primarily allows for such uses as power generation facilities, wastewater treatment facilities, fuel oil storage facilities and public district maintenance, storage and operating facilities. Phase I of this Land Use Study (this memorandum) includes a number of land use findings and a preliminary land use recommendation. Prior to preparing a Request for Proposal (RFP) to hire an environmental consultant to assist staff in preparing an EIR and implementing ordinances for this land use change, staff is recommending that the City Council first review and concur with the preliminary land use recommendation. FINDINGS 1. While there is likely to be continuing future demand for additional power generating capacity, power plants are not coastal dependent land uses; they may be built and operated at any location where cooling water can be supplied, including desert locations. 2. The existing Encina facility currently creates significant environmental impacts, not only for Carlsbad, but for the entire region. The proposed second plant would significantly exacerbate these impacts. 3. Coastal resources are today understood to be fragile and very susceptible to damage from such impacts as oil spills, water pollution, and visual degradation. Through creation of the Coastal Act and other actions the people of the State of California and the people of Carlsbad have pledged both to protect remaining un-impacted coastal resources and to rehabilitate degraded and impacted resources. Encina Power Plant Land Use Analysis September 27, 2010 PageS 4. Carlsbad continues to grow while retaining its village/resort orientation. The economy is very dependent upon the long-term protection of the City's extraordinary environmental assets, especially along the coast. Heavy industry ought not to be located along the coast unless it is coastal dependent. Where not coastal dependent, heavy industry should be precluded from coastal areas. Under no circumstances should heavy industry be permitted in coastal areas when such industry requires offshore tanker delivery and shore-side transfer of large amounts of raw or processed petroleum. Instead, other uses, incorporating benign use of coastal resources, should be developed along coastal areas whenever possible. 5. The City's long-term growth has resulted in all of the land north and south of the plant being developed with residential and open space uses thereby increasing the numbers of people living in ever-closer proximity to the power plant. As shown on Exhibits 1 and 2, the middle and outer basins of the Agua Hedionda Lagoon are located north of the power plant. The Lagoon is designated and zoned Open Space (OS). On the north shore of the lagoon are Hubb's Seaworld, which is a fish research facility, and residentially developed properties. The Land Use designations for the residentially developed properties are Residential Medium High (RMH 8-15 du/ac) and Residential High (RH 15- 23 du/ac) densities. Properties are developed predominantly with multi-family structures. Located to the south of the power plant and west of the railroad is an established single family residential neighborhood. To the east of the power plant is located the inner basin of the Agua Hedionda Lagoon and the south shore of the lagoon which is currently vacant and used for the production of strawberries. The north shore of the lagoon is developed with a variety of residential neighborhoods ranging from single family homes on large lots to stacked flat condominium buildings. 6. There is increasing potential for off-site effects from pollution and major industrial accidents at the plant. There is therefore increased concern for the maintenance of the health and safety of the surrounding residential uses. Other uses of the property would have far less potential for such adverse impact. 7. Therefore, the Planning Division believes that the existing Public Utilities general plan designation for the Encina power plant site are inadequate and inappropriate and should be changed to designations which do not support the type of heavy industrial development now occurring on the site. 8. There are few locations in Carlsbad that are appropriate for the development of large scale power plants. Most of the City is developed as residential which severely limits compatibility with heavy industrial type uses. Properties west of the Interstate 5 are less desirable for power plant development given their locational strength for tourist serving commercial and residential development. The single area of the City which has any potential for the development of smaller peak plants is the industrial corridor that Encina Power Plant Land Use Analysis September 27, 2010 Page 4 runs east-west roughly along the alignment of the airport. The only larger industrially zoned properties that are vacant and could be considered for peaker plant development are those located east of the airport and north of Palomar Airport Road. Two appropriate properties were identified in testimony provided by the City regarding the proposed CEC project. The first property is Oaks North Phase 3 and the second is Fleet Services. The Oaks North property is privately held and the Fleet Services property is owned by the City (See Exhibit 3). Regardless, a more in-depth proximity/compatibility analysis would be needed to determine the viability of any of these properties. 9. Carlsbad Municipal Code Section 21.48.100 regarding Public Utility exemptions from non-conforming use provisions may be replaced pursuant to the City Council adoption of CS-050 (attached as Exhibit 6) on 08/18/2009. However, the ordinance is pending California Coastal Commission action and is therefore not effective. As a result a change to the code section will require a Zone Code Amendment. RECOMMENDATION The Planning Division has identified General Plan designations which would serve as an appropriate alternative to the current Public Utilities (U) designation. A Combination District (authorized in the General Plan) of Travel Recreation Commercial (TR) and Open Space (OS) is recommended. This designation would allow coastal-oriented commercial uses which could include various combinations of resort, hotels, motels, restaurants, and limited retail and active/passive recreation facilities which might include athletic fields, bicycle paths, campsites, picnic areas, and parks, to be developed on the site as alternatives to the existing public utility/heavy industry uses. The new permitted uses are clearly more compatible with the surrounding residential uses. The balance of the two proposed land uses would be determined at the time development was proposed. This Combination District designation would permit a broad range of economic alternatives, when and if the site should be redeveloped. In addition to the Combination District Land Use designation, the site should be designated in the General Plan as a Special Planning Considerations Area. As a Special Planning Considerations area, site specific compatibility and goals can be established to guide development to be consistent with the City Council's intended direction. Should the City Council support the recommendation to process a change in the site's General Plan Land Use designation, it would be necessary also to re-zone the site, revise the Local Coastal Program Land Use and Zoning designations, amend the power plant Specific Plan (SP 144), South Carlsbad Redevelopment Plan, and Encina Power Station Precise Development Plan (PDP 00-02), and prepare an Environmental Impact Report (EIR) analyzing the effects of the various actions. The various land use changes would be processed concurrently with the General Plan amendment so as not to create an inconsistency. The scope of work necessary to complete all of the tasks associated with the land use study, including the preparation of documents and holding the required public hearings, is extensive and cannot be completed prior to the expiration of the urgency ordinance moratorium adopted 10 Encina Power Plant Land Use Analysis September 27, 2010 Page 5 on December 1, 2009 (with an October 20, 2010 expiration date). Consistent with California Government Code Section 65858(a), the urgency ordinance moratorium should therefore be extended by one (1) more year to expire October 20, 2011. DN:CW:bd Attachments Exhibit 1 - Encina Power Station Land Use map Exhibit 2 - Encina Power Station Zoning Map Exhibit 3 - Alternative Power Generation locations Exhibit 4 - City Manager Report (November 16, 2009) Exhibit 5 - Encina Power Plant Land Use Options Exhibit 6 - Ordinance No. CS-050 11 General Plan Land Use OPEN SPACE PLANNED INDUSTRIAL HIGH DENSITY (15-23 du/ac| LOW-MEDIUM DENSITY(0-4du/ac TRAVEL/RECREATION COMMERCIAL PUBLIC UTILITIES Precise Development Planning Area J:\Requests2010Plus\ComEconDeWlanning\4423256_10 Specific Plan 144(H) General Plan Map Exhibit 1 ORIGINAL Cannon Road Agricultural / Open Space Zone COMMERCIALTOURIST OPEN SPACE PLANNED INDUSTRIAL PUBLIC UTILITY ONE FAMILY RESIDENTIAL TWO PAMlLV RESIDENTIAL Precise Developmer Planning Area m J:\Requests2010Plus \ComEconDe\APIanning\4423256_ 10 Specific Plan 144(H) Zoning Map Exhibit 2 ORIGINAL GENERAL PLAN LAND USE MAP City of Carlsbad Alternate Power Plant Sites 1. Fleet Services 2. Oaks North LEGEND i: INDUSTRIAL CORRIDOR • [E] ELEMENTARY SCHOOL ^[H] HIGH SCHOOL •i[HC] CONTINUATION SCHOOL •i[J] JUNIOR HIGH SCHOOl BB[P) PRIVATE SCHOOL CD [PI] PLANNED INDUSTRIAL • [G] GOVERNMENTAL FACILITIES • [OS] OPEN SPACE EU[UA] UNPLANNED AREAS • [TC] TRANSPORTATION CORRIDOR CH[U] PUBLIC UTILITIES E3[CF] COMMUNITY FACIIITIES COMMERCIAL CD[R] REGIONAL COMMERCIAL CH[L] LOCAL SHOPPING CENTER a [T-R] TRAVEL/RECREATION COMMERCIAL • [O] OFFICE & RELATED COMMtRCIAL •1[V] VILLAGE RESIDENTIAL CJ[RL] LOW DENSITY (0-1 b au/ac) CD [RLM] LOW-MEDIUM DENSITY (0-4 du/ac) D [RM] MEDIUM DENSITY (4-8 du/ac) CD[RMH] MEDIUM-HIGH DENSITY (8-15 du/ac) f JjAl'ii'ORI INF LUENCEAREA ES [RH] HIGH DENSITY (15-23 du/ac) OH SPCCIAL RESOURCEAREA PKiMEAKTtRIAL E3 M/viORARTr.RIAL H=] SLCONDARY ARTERIAl. 63 COLLECTOR STREET E9 RAILROAD fZi BEACH OVERLAY ZONE E3 COASTAL ZONE ;\RL* _,os v_, i\ -yp^RL/ ,___„_ ___ EXHIBIT 4 November 16, 2009 TO: CITY MANAGER VIA: COMMUNITY DEVELOPMENT DIRECTOR FROM: Planning Director SUBJECT: Power Plant Development in the Coastal Zone Moratorium The City Council adopted an urgency ordinance (CS-067) prohibiting the development of power generation plants within the coastal zone on October 20, 2009. This ordinance was in response to NRG's proposal to add additional power generation at the existing Encina Power Station site. Unless extended, the urgency ordinance is due to expire on December 4, 2009. California Government Code Section 65858(d) requires that a written report describing the measures taken to alleviate the subject urgency ordinance condition must be issued no less than 10 days prior to the expiration of the adopted urgency ordinance in order to consider an extension of the moratorium. The following.is intended to serve as the required report. As highlighted in the October 20, 2009 City Council meeting, the City has demonstrated a history of its desire to limit the expansion of the existing power plant and the development of new plants along the coast in favor of developing coastal properties with recreation, commercial, and tourism uses that are unique to the coast. Since the October 20 meeting, the City has conveyed its objections to siting a new power plant along its coastline to the California Energy Commission (CEC), which is the State agency responsible for licensing new power plants. The CEC recognizes the City's concerns in its Final Staff Analysis which was released on November 12, 2009. Additionally, during the October 20, 2009 council meeting, the City Council adopted Resolution No. 2009-263, which directs staff to prepare a land use analysis that studies where, if any, locations are acceptable for power generation in Carlsbad's coastal zone and to evaluate what appropriate land use designation(s) should be applied to Specific Plan Area 144 (this includes the Encina Power Station). Subsequent to the October 20 meeting, staff has met to identify and evaluate potential land use analysis options (Exhibit 1), which has resulted in a staff recommendation for City Council's consideration. Staff expects that it wiirtake several months to complete the above-mentioned land use study. For that reason, staff recommends that the City Council extend Urgency Ordinance CS-067. ENCINA POWER PLANT LAND USE OPTIONS - OCTOBER 28, 2009 OPTIONS REQUIREMENTS PROS CONS Option 1 - Change the Land Use Designations • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment? • Precise Development Plan Amendment? • Zone Code Amendment to the Nonconforming Use Chapter? • Environmental Impact Report • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility • Could narrow choices « Public feels excluded Option 1A - Change to an Unplanned Area General Plan Designation • Requires that future planning be done to establish the land uses • General Plan Amendment • Zone Change -Change to Limited Control (L-C) • Local Coastal Plan Amendment • Specific Plan 144 Amendment • South Carlsbad redevelopment Plan Amendment? • Precise Development Plan Amendment? • Zone Code Amendment to the Nonconforming Use Chapter? • Environmental Impact Report • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility • Could narrow choices • Public feels excluded Option IB - Combination General Plan District • Designate the site with more than one land use classification • Requires the future approval of a specific plan prior to development of 25 acres or more • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment? • Precise Development Plan Amendment? • Zone Code Amendment to the Nonconforming Use Chapter? • Environmental Impact Report • Requires a future specific plan • Public involvement could be expanded during the specific plan process • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility as the plan details are developed closer to the time of development • Provides direction based on the designations approved for the site • Could narrow choices • Public feels excluded Option 1C - General Plan Special Planning Consideration Area • Designation requires that the area receive a more specific level of planning review • General Plan Update could cover the public outreach and input needed for the area • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment? • Precise Development Plan Amendment? • Zone Code Amendment to the Nonconforming Use Chapter? • Environmental Impact Report • Requires a future more specific level of planning • Public involvement could be expanded during the future planning phase • Faster to complete when compared to Option 2 • Less costly • Provides the developer flexibility as the plan details are developed closer to the time of development • Provides direction based on the designations approved for the site • Could narrow choices • Public feels excluded Option 2 - Focused Planning Process to Determine the Best Use • Prepare a new Specific Plan for the area • General Plan Amendment • Zone Change • Local Coastal Plan Amendment (Agua Hedionda Land Use Plan) • Specific Plan 144 Amendment • South Carlsbad Redevelopment Plan Amendment? • Precise Development Plan Amendment? • Zone Code Amendment to the Nonconforming Use Chapter? • Environmental Impact Report • Clear direction/vision • Public involved at the ground floor • Creates interest/buzz • Economic attractor • Establishes land use designations and shortens the process for the developer • Partnership opportunities • Unknowns with the site • Time consuming • Expensive • May create false community expectations • Wasted effort if the plans of a future developer require substantial revision of the plan • Limits the developer 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 ORDINANCE NO. CS-05C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO: 1) REPEAL AND RE-ENACT THE NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04- DEFINITIONS, 3) REPEAL SECTION 21.46.210 OF CHAPTER 21.46 - YARDS, 4) AMEND SECTION 21.44.010 OF CHAPTER 21.44 - PARKING AND, 5) AMEND SECTION 21.45.090A OF CHAPTER 21.45 - PLANNED DEVELOPMENTS. CASE NAME: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION _______________ CASE NO.: — ..... ZCAD9-Q1/LCPA Q9-Q1 _____ The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That the title of Chapter 21.48, as referenced in the list of Chapters contained in Title 21 of the Carlsbad Municipal Code, is amended to read as follows: 21.48 Nonconforming Lots, Structures and Uses SECTION II: That Chapter 21.04 of the Carlsbad Municipal Code is amended , 21 .04.299. 1 ,by~lfie 21.04.299.2 and 21.04.354, and by the amendment of Sections 21.04.275, 21.04.280 and .04:355, which shall read as follows: 21.04.027 Alter. "Alter" means any change to the interior or exterior of a structure that does not result in anjncrease to the gross floor areai of-the-structure,-— — — 21.04.140.1 Expansion. "Expansion" means to enlarge or increase the size of an existing structure or use including the physical size of the property, building, parking and other improvements. 21.04.275 Nonconforming structure. "Nonconforming structure" means a structure, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this title to it, no longer conforms to the current requirements and development standards of the zone in which it is located. 1 21.04.278 Nonconforming lot "Nonconforming lot" means a lot which was legally created, but which, because of the 2 application of this title to it, no longer conforms to the current requirements and development standards of the zone in which it is located. 3 21.04.280 Nonconforming non-residential use. 4 "Nonconforming non-residential use" means a non-residential use which was lawfully established and maintained, but which, because of the application of this title to it, no longer 5 conforms to the current use regulations of the zone in which it is located. 6 21.04.281 Nonconforming residential use. "Nonconforming residential use" means a residential use which was lawfully established 7 and maintained, but which exceeds the Growth Management Control Point or the maximum density range of the underlying General Plan Land Use designation. 8 p • • 9 21.04.299.1 Repair. 10 "Repair" means any improvements to correct deficiencies in a building or structure. 11 21.04.299.2 Replace. "Replace" means to construct a structure that is substantially equivalent in size, shape 12 and location to a structure that has been destroyed or demolished. 13 ... 14 21.04.354 Structure. "Structure" means anything constructed or erected which requires location on the ground 15 or attached to something having a location on the ground, but not including fences or walls used as fences six feet or less in height. All buildings are structures. 16 21.04.355 Substandard lot 1' See "Nonconforming lot". 18 SECTION III: That Section 21.44.010.A of the Carlsbad Municipal Code is _ amended to read as follows: 21.44.010 Required off-street parking. A. Off-street parking, designed in accordance with the requirements of this chapter, 22 shall be provided for: 1. All newly constructed buildings; 23 2. Additions to existing buildings, except for: a. An existing single family residence which does not meet the required parking 24 standard (i.e. a two car garage) may expand floor area if a minimum of two off- street parking spaces are provided on-site in a location consistent with Section 21.44.060. 25 3. Any change of use within an existing building. 26 SECTION IV: That Section 21.45.090.A of the Carlsbad Municipal Code is 27 amended to read as follows: 28 -2- 1 21.45.090 Residential additions and accessory uses A. General. 2 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless otherwise specified in this section. 3 2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code. 4 5 SECTION V: That Section 21.46.210 of the Carlsbad Municipal Code is 6 repealed. 7 SECTION VI: That Chapter 21.48 of the Carlsbad Municipal Code is repealed in 8 its entirety and reenacted as follows: 9 Chapter 21.48 10 NONCONFORMING LOTS, STRUCTURES AND USES 11 Sections: 21.48.010 Purpose and intent. 21.48.020 Applicability. 13 21.48.030 General provisions. 21.48.040 Nonconforming lots. 14 21.48.050 Nonconforming residential structures and uses. ^1740601 Nonconforming non-residential structures. 21.48.070 Nonconforming non-residential uses. 21.48.080 Nonconforming construction permit 21.48.090 Abatement of nonconforming structures and uses. 17 21.48.010 Purpose and intent. A. The purpose and intent of this chapter is to: 18 1. Allow for the development of nonconforming lots that were legally created. 2. Establish procedures for the abatement of structures and uses that do not comply with all of the requirements and development standards of this title and which may be ^dveree-te^e~ORder4y-developmer4t--of 4he city and-to- the pubJicJieallrj^afeiyj-QJLwelfare of9 ft persons or property. 3. Permit the continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the requirements and 22 development standards of this title, in a manner that is not adverse to the public health, safety or welfare of persons or property. 2- 4. Permit the repair, alteration, expansion or replacement of nonconforming structures subject to the requirements of this chapter. 5. Permit the expansion or replacement of nonconforming uses subject to the requirements of this chapter. 25 21.48.020 Applicability. A. The provisions of this chapter apply to: 1. Legally created lots which do not conform to the current requirements and 27 development standards of the zone in which they are located. 28 -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 2. Legally constructed structures and site development features (except for nonconforming signs which are addressed in Section 21.41.130) which do not comply with the current requirements and development standards of the zone in which they are located. 3. Legally established uses which do not conform to the current permitted use regulations of the zone in which they are located. 21.48.030 General provisions. A. It shall be the responsibility of the owner of a nonconforming lot, structure or use to prove to the planning director that such lot, structure or use was lawfully established, existed on the date of adoption or amendment of this chapter, and has existed continuously as defined herein. B. Nothing in this chapter shall be deemed to prevent the rehabilitation, repair, alteration, strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official. Repairs and alterations may be made to restore a structure to the same condition that existed prior to damage or deterioration, provided that such repairs or structural alterations conform to the provisions of this chapter. 21.48.040 Nonconforming lots. A. A nonconforming lot may be developed, provided that the development is consistent with the General Plan and complies with all of the requirements and development standards of the zone, master plan, or specific plan in which it is located. 21.48.050 Nonconforming residential structures and uses. A. Specific Provisions. __.1, A nonconforming residential structure and/or nonconforming residential use may be continued and the structure and/or use repaired, altered, expanded or replaced in accordance with the provisions of this chapter provided that the repair, alteration, expansion or replacement does not: a. Result in an additional structural nonconformity; and, b. Increase the degree of the existing nonconformity of all or part of such structure or use (i.e. the addition of a new dwelling unit to an existing over density residential use except as otherwise allowed by the General Plan); and, c. Reduce the number and size of any required existing parking spaces. 2. Any expansion of floor area or the addition of a new dwelling unit that results in an increase in parking demand, pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking demand, in compliance with the parking requirements of Chapter 21.44. 3. An existing single family residence which does not meet the required parking standard (i.e. a two car garage) may expand floor area if a minimum of two off-street parking spaces are provided on-site in a location consistent with Section 21.44.060(4). B. Repair or Alteration. 1. A nonconforming residential structure and/or a structure which is occupied by a nonconforming residential use may be repaired or altered, provided that the repair or alteration complies with all current fire protection and building codes and regulations contained in Titles 17 and 18. C. Expansion. 1. A nonconforming residential structure and/or a nonconforming residential use may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the planning director approves the findings of fact pursuant to Section 21.48.080(6). -4- 1 2. Where a single-family residential structure is nonconforming only by reason of substandard yards, the provisions of this chapter requiring a nonconforming construction permit 2 for an expansion shall not apply provided that: a. The area of expansion is not more than 40% of the existing floor space prior to 3 the enlargement or a maximum of 640 square feet, whichever is less; and b. The area of expansion, when combined with prior expansions of the 4 nonconforming structure, does not exceed 40% of the floor space that existed prior to any expansions or 640 square feet, whichever is less; and 5 c. The area of expansion shall comply with all current development standards including, but not limited to, setbacks, lot coverage and height limitations; and 6 d. Expansions that exceed the limits of this exception shall require a nonconforming construction permit. 7 D. Replacement in the Event of a Disaster. 1. A nonconforming residential structure and/or nonconforming residential use that 8 is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a 9 nonconforming construction permit is submitted within two years of the date of the disaster and the planning director approves the findings of fact pursuant to Section 21.48.080(6). The 10 planning director may grant an extension to the above two-year application submittal limit upon demonstration of good cause by the applicant. 1 E. Voluntary Demolition and Subsequent Replacement. 1. A nonconforming residential structure and/or nonconforming residential use that 12 js proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the planning director approves the findings of fact pursuant to Section 21.48.080(6) prior to the date of the demolition.14 ... 21.48.060 Nonconforming non-residential structures. A. Specific Provisions. 1. A nonconforming non-residential structure may be continued and the structure repaired, altered, expanded or replaced in accordance with the provisions of this chapter provided that the repair, alteration, expansion or replacement does not:17 a. Result in an additional structural nonconformity; and, b. Increase the degree of the existing nonconformity of all or part of such structure; 18 and c. Reduce the number and size of any required existing parking spaces. 2, Any expansion of floor area that results in an increase in parking demand. pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking2(} demand. B. Repair or Alteration. 1. A nonconforming non-residential structure may be repaired or altered subject to 22 issuance of all required discretionary and building permits, provided that the repair or alteration complies with all current fire protection and building codes and regulations contained in Titles 17 and 18. C. Expansion. 1. A nonconforming non-residential structure may be expanded, so as to occupy a greater area of land or more floor area subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the planning director approves the findings of fact pursuant to Section 26 21.48.080(8). D. Replacement in the Event of a Disaster. 27 1. A nonconforming non-residential structure that is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to issuance of all required 28 -5- / i discretionary and building permits and provided that an application for a nonconforming construction permit is submitted within two years of the date of the disaster and the planning director approves the findings of fact pursuant to Section 21.48.080(6). E. Voluntary Demolition and Subsequent Replacement. 1. A nonconforming non-residential structure that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the planning director approves the findings of fact pursuant to Section 21.48.080(6) prior to the date of the demolition. 21.48.070 Nonconforming non-residential uses. A. Specific Provisions. 1. A nonconforming non-residential use and/or structure which is occupied by a "nbnconforming non-residenfiaTuse may be~Tron1inued-and the stracture^nd/oruse-repaired, altered, expanded or replaced in accordance with the provisions of this chapter provided that the repair, alteration, expansion or replacement does not: a. Increase the degree of the existing nonconformity of all or part of such structure or use; and, 10 b. Reduce the number and size of any required existing parking spaces. 2. Any expansion of a non-residential use and/or structure which is occupied by a 11 nonconforming non-residential use that results in an increase in parking demand, pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking demand. 12 B. Repair or Alteration. 1. A structure which is occupied by a nonconforming non-residential use may be 13 repaired or altered subject to issuance of all required discretionary and building permits, provided that he repair or alteration complies with all current fire protection and building codes and regulations contained in Titles 17 and 18. C. Expansion of Use. 15 1. A nonconforming non-residential use may be expanded, so as to occupy a greater area of land or more floor area within a structure, subject to issuance of all required 16 discretionary and building permits, provided That an 'application for a conditional use permit is submitted and the planning commission approves the findings of fact pursuant to Section 1? 21.42.030(A). D. Relocation. 18 1. A nonconforming non-residential use may be moved, in whole or in part, to any _other_on-site structure, or to any other portion ofjhe structure, \o\ or site within or upon which it Hs^located, subject to issuanee of-lalT required-discretionarJjraTicl^lSunding~peTrn1t?rand provided, that an application for a conditional use permit is submitted and the planning commission 20 approves the findings of fact pursuant to Section 21.42.030(A). E. Change of Use. 21 1 A nonconforming non-residential use may be changed to a use that is permitted in the zone in which the subject property is located, or may be changed to a use that is more 22 conforming, subject to approval of the planning director and the issuance of a business license. F. Replacement of Use.23 1. A nonconforming non-residential use may be replaced with the same or a similar use, as determined by the planning director, so long as the replacement use does not expand or in any other manner increase the degree of nonconformity with the use regulations of this title. G. Discontinuance. 25 1. if a structure or parcel of land which is occupied by a nonconforming non- residential use is, or hereafter becomes vacant and remains unoccupied for a continuous period of one year or more, the planning director shall determine and shall notify the owner of the 27 property, in writing, that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished.28 .6. 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 H. Reestablishment of a Nonconforming Use in the Event of a Disaster. 1. A nonconforming non-residential use that is destroyed by fire, explosion, other casualty or natural disaster, may be reestablished subject to issuance of all required discretionary and building, permits and provided that an application for a conditional use permit is submitted within two years of the date of the disaster, and the planning commission approves the findings of fact pursuant to Section 21.42.030(A). I. Voluntary Demolition and Subsequent Reconstruction. 1. A nonconforming non-residential use that is proposed to be voluntarily demolished and subsequently reconstructed, may be reestablished subject to issuance of all required discretionary and building permits and provided that an application for a conditional use permit is submitted and the planning commission approves the findings of fact pursuant to Section 21.42.030(A) prior to the demolition. 21.48.080 Nonconforming construction permit A. Authority. 1. The planning director or his designee may approve, conditionally approve or deny a nonconforming construction permit as prescribed in this chapter, upon making the findings of fact listed in Section 21.48.080(6) of this chapter. B. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts are found to exist in regard thereto: a. . The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property. b. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter. c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18. d. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located. C. Application and Fees. 1. Application for a nonconforming construction permit may be made by the owner of the property affected or the authorized agent of the owner. Application shall be made in writing on a form provided by the planning department. The application shall state fully the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans, a legal description of the property involved and all other materials as specified by the planning department. 2. At the time of filing the application, the applicant shall pay a processing fee in an amount as specified by city council resolution. D. Notices. 1. Upon the filing of an application for a nonconforming construction permit, the planning director shall give written notice by mail or personal delivery to the project applicant, the owner of the subject real property or the owner's duly authorized agent and to all property owners as shown on the latest equalized assessment roll within three hundred feet of the subject property at least fifteen days prior to a decision on the application. E. Decision-Making Process. 1. Applications for nonconforming construction permits shall be acted upon in accordance with the decision process identified below: a. Any person so notified in accordance with Section 21.48.080(0) above may file written objections or a written request to be heard within ten days after the mailing or personal delivery of the notice. If a written request to be heard is filed, the planning director shall -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1? 20 21 22 23 24 25 26 27 28 schedule an informal hearing and provide written notice to the applicant and the requestor at least five days prior to the hearing. The hearing is not a formal public hearing, b. An application for a nonconforming construction permit may be approved, conditionally approved or denied by the planning director based upon his/her review of the facts as set forth in the application and review of the circumstances of the particular case, and the planning director may only approve, or conditionally approve, the nonconforming construction permit if all of the findings of fact in Section 21.48.080(6) of this chapter are found to exist. F. Announcement of Findings and Decision. 1. Not more than twenty days following the termination of the proceedings for a nonconforming construction permit, the planning director shall announce his/her findings by letter. The letter shall recite, among other things: a. The facts and reasons which, in the opinion of the planning director, make the granting or denial of the nonconforming construction permit necessary to carry out the provisiens-afid-general-purpose of^his-ttttej b. That the nonconforming construction permit be granted or denied; and, c. If the letter orders that the nonconforming construction permit be granted, it shall also recite such conditions and limitations as the planning director may impose. G. Mailing of Notice of Decision. 1. Not later than seven days following the announcement of a decision ordering that a nonconforming construction permit be granted or denied, a copy of the letter shall be mailed to the applicant at the address shown on the application filed with the planning director. H. Appeals. 1. In the case of nonconforming construction permits, the action of the planning director may be appealed to the planning commission in accordance with Section 21.54.140 of this title. The planning commission's action to approve, conditionally approve or deny is final. l^ Expiration^ Period^ 1. ~ Expiration of Permit:"ifNbt Exercised. — - - a. Any nonconforming construction permit becomes null and void if not exercised within twenty-four months of the date of approval. 2. Extension of Permit if Not Exercised. a. Not-more than ninety days or less than forty-five days prior to the expiration of a nonconforming construction permit the permittee may apply to the planning director for an extension of the permit. The planning director may extend the time, without public notice, within which the right or privilege granted under a nonconforming construction permit must be exercised for one additional year upon receipt of a written request from the applicant prior to the expiration of such nonconforming construction permit. In granting such extension the planning —director shall fnake-a-written findtag that-fieighborhood conditions have not substantially changed since the granting of such nonconforming construction permit. J. Amendment. 1. Any approved nonconforming construction permit may be amended by following the same procedure as for approval of a nonconforming construction permit and upon payment of the application fee contained in the most recent fee schedule adopted by the city council. 21.48.090 Abatement of nonconforming structures and uses. A. If a nonconforming use and/or structure is determined by the planning director to be adverse to the orderly development of the city and/or to the public health, safety, or welfare of persons or property, the planning director shall schedule a public hearing before the planning commission to establish the conditions of abatement and the abatement period. The abatement period shall start from the date of the applicable resolution and shall be: 1. For all Residential Uses. a. Not less than one or more than five years. 2. For all Non-Residential Uses. a. Not less than one or more than ten years. -8- 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 3. For all Nonconforming Structures. a. Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to Section 6.16.150 of the Carlsbad Municipal Code. B. Public Hearing Notice. 1. Notice of said public hearing shall be given as required by Section 21.54.060. C. Public Hearing Evidence. 1. The planning commission shall consider at the public hearing, all pertinent data to enable it to arrive at an equitable abatement period which will protect the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, sufficient time to amortize their investment. B. The owner or lessee shall be allowed to present any evidence related to the case. C. When setting the abatement period, the planning commission shall take into consideTatro7FtTie~7yp«rof construction age, condition, and extent of nonconformity of the structure or use in question; any structural alterations or expansions; and/or the installation of major equipment designed into the structure prior to the date of nonconformity. D. Hearing Decision. 1. After the close of the public hearing, the planning commission shall determine and establish by resolution the abatement period, and shall set forth in said resolution all findings and facts upon which the date of such abatement period is based. E. Notice of Decision to Owner. 1. The secretary of the planning commission shall formally notify the owner of the property of the action of the planning commission by mailing a copy of the resolution, via certified return receipt mail, within ten days following the date of its adoption by the planning commission. F -Appeal 1. The above action of the planning commission shall be final unless an appeal to the city council is filed in accordance with the procedure provided in Section 21.54.150. G. Recordation. 1. The secretary of the planning commission shall transmit a final signed copy of the resolution of the planning commission or city council, whichever is final, to the County Recorder of San Diego for recordation. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoptioh7~burhbt untTI"appToved byDieTialifornia Coastal Commission and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. -9- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the 11th day of August, 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the 18th day of August, 2009, by the following vote, to wit: 5 AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn 6 NOES: None 7 ABSENT: None 8 9 10 11 12 13 14 15 16 17 18 19- 20 21 22 23 24' 25 26 27 28 APPROVED AS TO FORM AND LEGALITY ATTEST: LOF(RAINEKOOD(City Clerk (SEAL) -10- Encina Power Plant Land Use Analysis Christer Westman October 5, 2010 Encina Power Plant Land Use Analysis •Interim Ordinance CS-067 adopted Oct. 2009 •Extended by CS-070 Dec. 2009 •Expires Oct. 20, 2009 •Government Code Section 65858(d) •Issuance of a written report Recommendation •Authorize issuance of the written report •Adopt: City Council –Resolution No. 2010-237 Housing and Redevelopment Commission –Resolution No. 493