HomeMy WebLinkAbout2011-09-27; City Council; 20690; CHANGES POWER PLANT STANDARDSCITY OF CARLSBAD
AND
HOUSING AND REDEVELOPMENT
COMMISSION JOINT AGENDA BILL
AB#
MTG.
DEPT.
20.690
9/27/11
CED
CITY COUNCIL ISSUANCE AND
HOUSING AND REDEVELOPMENT
COMMISSION CONCURRENCE OF A
WRITTEN REPORT PER GOVERNMENT
CODE SECTION 68585(d) AND CITY
COUNCIL CONSIDERATION OF
CHANGES TO POWER PLANT
STANDARDS - GPA 11-06/ZCA 11-05/
LCPA 11-06/PDP 00-02(E)/SP 144(N)
DEPT. DIRECTORgr^
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and ADOPT Resolution No. 2011-229 ,
AUTHORIZING the issuance of a written report as required by Government Code Section
65858(d) describing the measures taken to alleviate the condition which led to the adoption of
Urgency Ordinance No. CS-067.
That the Housing and Redevelopment Commission hold a public hearing and ADOPT
Resolution No. 514 CONCURRING with the City Council's issuance of a written report
describing the measures taken by the City to alleviate the condition that led to the adoption of
Urgency Ordinance No. CS-067.
That the
CS-158
City Council
CS-159
hold a public
, and CS-160
hearing and INTRODUCE Ordinances No.
APPROVING, respectively, amendments to the
City of Carlsbad Zoning Ordinance (ZCA 11-05), Encina Power Station Precise Development
Plan (POP 00-02(E)), and the Encina Specific Plan (SP 144(N)); and ADOPT Resolution No.
2011-230 , APPROVING a General Plan Amendment (GPA 11-06) and a Local Coastal
Program Amendment (LCPA 11-06) based upon the findings contained therein.
DEPARTMENT CONTACT: Scott Donnell 760-602-4618 scott.donnell@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
D
D
D
D
Page 2
ITEM EXPLANATION:
Project
Section 65858(d)
Written Report
GPA11-06
ZCA11-05
LC PA 11 -06
POP 00-02(E)
SP 144(N)
Planning
Commission
N/A
RA
RA
RA
RA
RA
City Council
S
X
X
X
X
X
Housing and
Redevelopment
Commission
•/
Coastal
Commission
•
•
N/A = Planning Commission does not review or act on this report
s = Issues (City Council) and concurs (H&RC) with report
RA = Recommended adoption/approval
X = Final City decision-making authority
• = Requires Coastal Commission approval
In 2009, the City Council adopted and extended urgency ordinances prohibiting the expansion
or location of thermal electric power generation facilities in the Coastal Zone pending studies
and changes in various land use regulations. Along with its urgency ordinance actions, the
Council passed resolutions directing staff to study whether present land use provisions
regarding such facilities need amendment, and to consider alternative land uses and a
conceptual master plan for the Encina Power Station.
An additional urgency ordinance (CS-110) adopted in October 2010 extended for a second
time the prohibition on the expansion or location of power generation facilities to October 20,
2011. The prohibition, or moratorium, can be extended only twice and therefore will expire on
that date. A related resolution also continued to express both the city's opposition to power
plants in the Coastal Zone and the Council's direction to staff regarding land use studies and
objectives.
In response, land use amendments are proposed to effectively address the generation of
electrical energy, including by thermal electric power generation facilities, at the Encina Power
Station, in the Coastal Zone, and throughout the city. Exhibit 1 summarizes how the
amendments would revise standards regarding the generation of electrical energy, which
currently is described as a "primary function" of the Public Utilities land use designation and a
permitted use with no restrictions in the Public Utility Zone. The exhibit also notes benefits the
changes would bring, such as enhancing redevelopment opportunities in the Coastal Zone.
Further, as Exhibit 1 notes, recommended changes also apply to the transmission of electrical
energy as well.
On September 7, 2011, the Planning Commission voted 5-0-2 (Commissioner Siekmann
recused herself; Commissioner Nygaard absent) to recommend approval of the project. Four
speakers provided public testimony, three of whom supported the project and one opposed.
The opposing speaker, attorney Brian Fish with the law firm Luce Forward, represented Cabrillo
Power I LLC (owner of the existing Encina Power Station) and NRG Energy, Inc. (applicant of
the Carlsbad Energy Center Project applicant and Cabrillo's parent company). Mr. Fish
Page 3
submitted a letter on the project to the Planning Commission, to which staff responded at the
meeting. Staff's response is provided in the minutes. Both the minutes and the letter are
attached as exhibits.
As noted, the moratorium imposed by Urgency Ordinance CS-067, as extended by Urgency
Ordinance CS-110, expires October 20, 2011. Ten days prior to its expiration, Government
Code Section 65858(d) requires the legislative body to issue a written report describing the
measures taken to alleviate the condition which led to the adoption of the ordinance. Exhibit 2 is
the relevant resolution and report. Exhibit 3 is a resolution recommending the Housing and
Redevelopment Commission concur with the issuance of the report.
FISCAL IMPACT:
The recommended actions impose no additional financial burden beyond normal city costs to
file environmental notices with the County Clerk and process the Local Coastal Program
Amendment through the Coastal Commission.
ENVIRONMENTAL IMPACT:
The Planning Director has determined the project, including the issuance of and concurrence
with the written report is exempt from the California Environmental Quality Act (CEQA)
because it will not have a significant effect on the environment. The project proposes no
development and merely clarifies existing land use standards. The written report is simply an
information item, describing actions the city has or may take.
This determination is pursuant to State CEQA Guidelines Section 15061(b) (3). This section
states "when it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA."
Furthermore, the determination is exempt from CEQA based on Municipal Code Section
19.04.070 A.1.c.(1). This section identifies minor zone or municipal code amendments that
refine or clarify existing land use standards as being exempt from CEQA because they also are
not considered to have a significant environmental effect.
EXHIBITS:
1. Summary of changes and benefits resulting from proposed amendments
2. City Council Resolution No. 2011-229 (65858(d) Report)
3. Housing and Redevelopment Commission Resolution No. 514 (65858(d)
Report)
4. City Council Ordinance No. CS-158 (ZCA 11-05)
5. City Council Ordinance No cs-159 (POP 00-02(E))
6. City Council Ordinance No. _jCS-im_ (sp 144(N))
7. City Council Resolution No. 2011-230 (GPA 11 -06 & LCPA 11 -06)
8. Planning Commission Resolutions No. 6803, 6804, 6805, 6806, 6807
9. Planning Commission Staff Report dated September 7, 2011
10. September 7, 2011, letter from Luce Forward
11. Excerpt of the draft Planning Commission meeting minutes dated September 7, 2011.
EXHIBIT 1
CHANGES TO POWER PLANT STANDARDS -
GPA 11-06/ZCA 11-05/LCPA 11-06/PDP 00-02(E)/SP 144(N)
Summary of Changes and Benefits Resulting from Proposed Amendments
Generation of Electrical Energy
1. Permit generation of electrical energy outside the Coastal Zone but restrict it in
the Coastal Zone to only facilities of fewer than 50 megawatts that are accessory
to another use.
2. Prohibit the generation of 50 megawatts or more of electricity in the Coastal
Zone.
3. Restrict generation of electrical energy inside or outside the Coastal Zone to only
facilities by a government entity or by a company authorized or approved for
such use by the California Public Utilities Commission.
4. Enable the City to regulate and thus determine the compatibility of any future
power generation in the Coastal Zone as such generation would be limited to
fewer than 50 megawatts, which is subject to city, not California Energy
Commission, jurisdiction.
5. Reduce the potential for significant environmental impacts, including but not
limited to visual, air quality, and land use impacts, associated with construction of
a new power generating facility or expansion of an existing facility of 50
megawatts or more.
6. Enhance redevelopment opportunities in the Coastal Zone due to the restrictions
the amendments impose on generation of electrical energy in the Coastal Zone.
7. Allow the possibility of small, accessory power generation at Coastal Zone
facilities such as the Encina Wastewater Treatment Plant.
8. Make clear to the California Energy Commission, which has jurisdiction over
power generating facilities of 50 megawatts or more, the city's land use
standards regarding generation of electrical energy.
9. Amend the Public Utilities land use designation and Public Utility Zone, the only
designation and zone that permit generation of electrical energy.
10. Eliminate provisions regarding future power generation in the Agua Hedionda
Lagoon area through amendments to the Agua Hedionda Land Use Plan and
Encina Specific Plan.
11. Clarify the existing Encina Power Station is not consistent with the General Plan
or Zoning Ordinance through amendments to the Encina Power Station Precise
Development Plan and Encina Specific Plan.
Transmission of Electrical Energy
Clarify transmission of electrical energy may only be conducted by a government
entity or by a company authorized or approved for such use by the California Public
Utilities Commission, which matches the restriction imposed on the generation of
electrical energy.
EXHIBIT 2
1 RESOLUTION NO. 2011-229
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE ISSUANCE OF
3 A WRITTEN REPORT AS REQUIRED BY GOVERNMENT CODE
SECTION 65858(d) TO DESCRIBE THE MEASURES TAKEN BY
4 THE CITY TO ALLEVIATE THE CONDITION WHICH LED TO
THE ADOPTION OF URGENCY ORDINANCE NO. CS-067.
5
WHEREAS, at its regular meeting on October 20, 2009, the City Council adopted
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Urgency Ordinance CS-067, prohibiting any new or expanded thermal electric power generation
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facilities in Carlsbad's Coastal Zone pending studies and changes in the General Plan and
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Zoning Ordinances and other land use regulations; and declaring the ordinance to be an
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emergency ordinance adopted as an urgency measure to protect the public health, safety and
10
welfare and based on the facts stated in the ordinance that represent a current and immediate
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threat to the public health, safety, or welfare; and
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WHEREAS, as authorized by Government Code Section 65858, Urgency
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Ordinance CS-067 was extended by urgency ordinances CS-070 and CS-110, the latter14
adopted October 12, 2010, and set to expire October 20, 2011; and
WHEREAS, Government Code Section 65858(d) requires, ten days prior to the16
expiration of an urgency ordinance extension, the legislative body to issue a written report
describing the measures taken to alleviate the condition which led to the adoption of the18
ordinance.
WHEREAS, the written report is attached hereto as Exhibit A and dated
21 September 23, 2011.
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
~-> of Carlsbad as follows:
24 1. That the above recitations are true and correct.
25 2. That pursuant to Government Code Section 65858(d), the City Council of
the City of Carlsbad authorizes the issuance of a written report describing the measures taken
26 by the City to alleviate the condition that led to the adoption of Urgency Ordinance CS-067.
2' 3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
2° Review," shall apply:
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1 "NOTICE TO INTERESTED PARTIES"
2 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
3 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
4 the appropriate court not later than the nineteenth day following the date
on which this decision becomes final; however, if within ten days after the
5 decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
6 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
7 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."
9
PASSED AND ADOPTED at a Joint Special Meeting of the City Council and
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Housing and Redevelopment Commission of the City of Carlsbad on the 27th day of September
2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.14
ABSENT: None.
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C
MATT HALL, Mayor
ATTEST/
(ALL
RRAINfe M. WOOD, Cify Clerk
(SEAL) '
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,-, -r v ^ r Exhibit AN» rf CITY OF
CARLSBAD
Memorandum
September 23, 2011
To: Lisa Hildabrand, City Manager
From: Scott Donnell, Senior Planner ^2
Via: Gary Barberio, Community and Economic Development Director^ — -^
Don Neu, City Planner $/f
Re: Expiration of Urgency Ordinance CS-067 - Third Required Written Report
PURPOSE AND BACKGROUND
In 2009, the City Council adopted Urgency Ordinance CS-067, prohibiting the expansion or
location of thermal electric power generation facilities in the Coastal Zone pending studies and
changes in various land use regulations. Extensions of the ordinance in December 2009 and
October 2010 continued the moratorium. Urgency Ordinance CS-067 expires October 20, 2011;
by law, it cannot be extended again.
Government Code Section 65858(d) requires the legislative body to issue a written report ten
days prior to the extension or expiration of an urgency ordinance. The report's purpose is to
describe the measures taken to alleviate the urgency ordinance condition. This memorandum
fulfills this purpose and is in addition to the written reports already issued for each of the two
extensions of Ordinance CS-067. Since Ordinance CS-067 cannot be extended again, the
memorandum is the last of the written reports.
MEASURES TAKEN TO ALLEVIATE THE URGENCY ORDINANCE CONDITION
The City of Carlsbad Planning Commission, Housing and Redevelopment Commission, and City
Council, as well as city staff, have addressed and continue to address the concerns and
conditions that led to the adoption of the urgency ordinance. This memorandum focuses on the
measures Carlsbad has taken from October 2010, when the last ordinance extension was
approved, to the present. The attachment to this report chronicles the city's efforts in the prior
year, from October 2009 through October 2010.
On October 12, 2010, the City Council adopted Ordinance CS-110, extending the urgency
ordinance by twelve months, and Resolution 2010-238, declaring the Council's intent to
consider land use amendments related to power generation, including land use changes at the
Encina Power Station site. Since, the City has taken the following measures:
Community & Economic Development
1635 Faraday Ave. Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
Expiration of Urgency Ordinance CS-067 -Third Required Written Report
September 23, 2011
Page 2
1. The city and its Redevelopment Agency continued their active opposition to the proposed
Carlsbad Energy Center Project (CECP), an additional 540-megawatt power generating
facility at the existing Encina Power Station site. The CECP is subject to the California Energy
Commission's jurisdiction and not the city's. Actions taken include the docketing with the
California Energy Commission of substantial written information, including comments
regarding the Presiding Members Proposed Decision (PMPD) and CECP fire safety issues,
and participating in Commission meetings; the CECP remains a pending project.
2. To effectively respond to the City Council determinations and direction expressed in
Ordinance CS-067, its extensions, and related resolutions, staff identified completion of the
following five tasks:
a. Change the Encina Power Station's (EPS) land use designation and zoning;
b. Amend the Local Facilities Management Plan(s) for the EPS to recognize the new land
use designation(s) and zoning;
c. Prohibit the expansion or location of thermal electric power generation facilities in the
Coastal Zone with the possible exception of small incidental power facilities such as at
the Encina Wastewater Pollution Control facility;
d. Revise the Public Utility Zone regarding generation and transmission of electrical
energy consistent with the limitations described in task 2c. above; and
e. Consider identifying zones outside the Coastal Zone and in the city's industrial corridor
for the development of limited, small power generation facilities, such as peaker
plants. (Note: As listed in the summary section below, this task has been further
refined to permit electric generation as a primary use of any size outside the Coastal
Zone, but only by certain conductors and only if determined by the City Council to be a
"primary function.")
Consistent with Council direction, analysis of amending the EPS's Public Utilities land use
designation and zoning, the first task listed, is occurring already as part of the city's General
Plan Update. This analysis is presently occurring in a very conceptual form only. It is
appropriate to consider changes to the power plant site as part of the update process
rather than separate from it because of the property's prominent location and potential for
redevelopment and the likely significant public interest in any changes to its land use.
To elaborate, deliberating land use changes at the EPS apart from the General Plan Update
would duplicate effort and expense and may create confusion if consideration of two major
review efforts happened simultaneously but separately. EPS land use changes can be folded
into the update's environmental impact report and established public participation process
and be considered comprehensively with other contemplated changes. The update process
is expected to conclude in 2013. Further, as any land use changes contemplated are refined,
implementation of the second task, amendment to Local Facilities Management Plan(s), can
follow.
Expiration of Urgency Ordinance CS-067 -Third Required Written Report
September 23, 2011
PageS
Implementation of the last three tasks is presently taking place through proposed
amendments to several land use documents, including the General Plan and Zoning
Ordinance. As discussed in the following item, consideration of the amendments has
already begun through review before the Planning Commission.
3. On September 7, 2011, the Planning Commission at a public hearing adopted resolutions
recommending the City Council approve the following land use amendments:
a. A General Plan Amendment to modify the description of the Public Utilities (U) land use
designation and clarify "generation of electrical energy" may be a primary function of
the U designation if it is located outside the Coastal Zone but only if it is conducted by a
government entity or by a company authorized or approved for such use by the
California Public Utilities Commission (Planning Commission Resolution 6803);
b. A Zone Code Amendment to the Public Utility (P-U) Zone to clarify (a) generation of
electrical energy must be by a government entity or by a company authorized or
approved for such use by the California Public Utilities Commission, is permitted as a
primary use outside the Coastal Zone only, and is permitted as an accessory use in or
outside the Coastal Zone only if it is limited to a generating capacity of fewer than 50
megawatts; (b) generation of 50 megawatts or more is prohibited in the Coastal Zone;
and (c) transmission of electrical energy is a permitted use if conducted by a
government entity or by a company authorized or approved for such use by the
California Public Utilities Commission (Resolution 6804);
c. A Local Coastal Program Amendment to the Agua Hedionda Land Use Plan to eliminate
a requirement for a report that would address whether preservation of land east of
Interstate 5 is needed for power plant expansion (Resolution 6805);
d. An amendment to the Encina Power Station Precise Development Plan as necessary to
be consistent with the General Plan and Zoning Ordinance amendments proposed and
to make housekeeping changes (Resolution 6806); and
e. An amendment to the Encina Specific Plan as necessary to achieve consistency with the
proposed amendments, delete standards regarding future power plants, and make
housekeeping changes (Resolution 6807).
4. On September 27, 2011, it is anticipated the City Council will consider the following actions:
a. Approval of the Planning Commission's recommendations on the above stated
amendments to the General Plan, Zoning Ordinance, Local Coastal Program, Encina
Power Station Precise Development Plan, and Encina Specific Plan;
b. Authorize the issuance of this required written report that describes the measures taken
by the city to alleviate the conditions that led to the adoption of Urgency Ordinance CS-
067.
On this date, it is also anticipated the city's Housing and Redevelopment Commission will
consider concurring with the City Council's issuance of the written report.
Expiration of Urgency Ordinance CS-067 -Third Required Written Report
September 23, 2011
Page 4
SUMMARY
The land use amendments recommended by the Planning Commission and pending City Council
review are measures Carlsbad has taken to specifically address the condition that led to the
adoption of Urgency Ordinance CS-067 and its extensions. In summary, the amendments would
accomplish the following:
1. Permit generation of electrical energy outside the Coastal Zone but restrict it in the Coastal
Zone to only facilities of fewer than 50 megawatts that are accessory to another use.
2. Prohibit the generation of 50 megawatts or more of electricity in the Coastal Zone.
3. Restrict generation of electrical energy inside or outside the Coastal Zone to only facilities
by a government entity or by a company authorized or approved for such use by the
California Public Utilities Commission.
4. Enable the City to regulate and thus determine the compatibility of any future power
generation in the Coastal Zone as such generation would be limited to fewer than 50
megawatts, which is subject to city, not California Energy Commission, jurisdiction.
5. Reduce the potential for significant environmental impacts, including but not limited to
visual, air quality, and land use impacts, associated with construction of a new power
generating facility or expansion of an existing facility of 50 megawatts or more.
6. Enhance redevelopment opportunities in the Coastal Zone due to the restrictions the
amendments impose on generation of electrical energy in the Coastal Zone.
7. Allow the possibility of small, accessory power generation at Coastal Zone facilities such as
the Encina Wastewater Treatment Plant.
8. Make clear to the California Energy Commission, which has jurisdiction over power
generating facilities of 50 megawatts or more, the city's land use standards regarding
generation of electrical energy.
9. Amend the Public Utilities land use designation and Public Utility Zone, the only designation
and zone that permit generation of electrical energy.
10. Eliminate provisions regarding future power generation in the Agua Hedionda Lagoon area
through amendments to the Agua Hedionda Land Use Plan and Encina Specific Plan.
11. Clarify the existing Encina Power Station is not consistent with the General Plan or Zoning
Ordinance through amendments to the Encina Power Station Precise Development Plan and
Encina Specific Plan.
Furthermore, revisions to the Encina Power Station land use designation and zoning,
contemplated as part of the General Plan update and in a manner consistent with Council
direction and these proposed amendments, would also lessen the condition that led to the
urgency ordinance adoption.
DN:SD:bd
Attachment
Attachment to Expiration of Urgency Ordinance CS-067 - Third Required Written Report
Note: This memo provides a summary only of the city's actions regarding the adoption and
extension of Urgency Ordinance CS-067 from October 2009 through October 2010; please refer
to the agenda bills, ordinances, and resolutions referenced below for complete information.
October 20. 2009
The City Council adopted Urgency Ordinance CS-067 on October 20, 2009, to: 1) declare that
the proposed Carlsbad Energy Center Project (CECP), an expansion of the existing Encina Power
Station, represents a current and immediate threat to public health, safety and welfare; and 2)
adopt 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, 45 days after its adoption, unless it was extended.
On the same date, the City Council also adopted Council Resolution 2009-263, declaring its
intention to study and consider amendments to the General Plan Land Use Element, Zoning
Ordinance, and other regulations pertaining to the location and operation of thermal electric
power generation facilities within the City.
Please refer to Agenda Bill 20,007 for more information.
December 1. 2009
On this date, 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, among other things: 1) prepare a land use study of the
Encina Power Station property and 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.
The first written report describing the measures taken to alleviate the subject urgency
ordinance condition is included as part of Agenda Bill 20,054.
October 5, 2010
At a joint meeting of the City Council and Housing and Redevelopment Commission on October
5, 2010, the City Council adopted Resolution 2010-237, authorizing the issuance of the second
written report describing the measures taken to date to alleviate the condition which led to the
adoption of the urgency ordinance. At the same meeting, the Housing and Redevelopment
Commission adopted Resolution 493, concurring with the City Council's issuance of a written
report.
The second report was issued fifteen days prior to the October 20, 2010, expiration of
Ordinance CS-070. It is included as part of Agenda Bill 20,377.
Attachment to Expiration of Urgency Ordinance CS-067 -Third Required Written Report:
Page 2
October 12, 2010
At its October 12, 2010, meeting, the City Council adopted Ordinance CS-110, extending the
previously adopted Ordinance CS-070 for 12 months (through October 20, 2011), It also
adopted Resolution 2010-238, declaring its intention to consider amendments to the Land Use
element of the General Plan, the Zoning Ordinance, and other regulations pertaining to the
location and operation of thermal electric power generation facilities within the City of
Carlsbad. Contemplated amendments included land use changes at the Encina Power Station
site.
Agenda Bill 20,380 provides further information.
EXHIBIT 3
1 RESOLUTION NO. 514
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 CONDITION THAT LEAD
5 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 in Carlsbad's Coastal Zone pending studies and changes in the General
10 Plan and Zoning Ordinances and other land use regulations; and declaring the ordinance to be
an emergency ordinance adopted as an urgency measure to protect the public health, safety and
welfare and based on the facts stated in the ordinance that represent a current and immediate
threat to the public health, safety, or welfare; and
WHEREAS, as authorized by Government Code Section 65858, Urgency
Ordinance CS-067 was extended by urgency ordinances CS-070 and CS-110, the latter
16 adopted October 12, 2010, and set to expire October 20, 2011; and
*' WHEREAS, Government Code Section 65858(d) requires, ten days prior to the
1 R expiration of an urgency ordinance extension, the legislative body to issue a written report
19 describing the measures taken to alleviate the condition which led to the adoption of the
20 ordinance; and
21 WHEREAS, said written report is attached as Exhibit A to City Council Resolution
22 No. 2011-229. and is incorporated herein by reference.
23
24 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad, California as follows:
26 1 • That the above recitations are true and correct.
27 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 of the City of Carlsbad
28 describing the measures taken by the City to alleviate the condition that led to the adoption of
Urgency Ordinance CS-067.
1 3. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code,
2 "Time Limits for Judicial Review," shall apply:
3 "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
8 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,
9 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
10 PASSED AND ADOPTED at a joint special meeting of the Housing and
Redevelopment Commission and City Council and of the City of Carlsbad on the 27th day of
12 September 2011, by the following vote, to wit:
13 AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard.
14 NOES: None.
15 ABSENT: None.
16
17 JA
18 MATT HALL^'Chairman
19 ATTEST:
20
21 —,—, .LtSA HILDABRAND, Secretary
22 (SEAL)
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EXHIBIT 4
ORDINANCE NO. CS-158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO ZONING ORDINANCE SECTION
21.36.020 TABLE "A" REGARDING GENERATION AND
TRANSMISSION OF ELECTRICAL ENERGY AS PERMITTED
USES IN THE PUBLIC UTILITY ZONE.
CASE NAME: CHANGES TO POWER PLANT STANDARDS
CASE NO.: ZCA 11-05
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Table A in Section 21.36.020 of the Carlsbad Municipal Code
is amended to read as follows:
Table A
Permitted Uses
In the table, below, subject to all applicable permitting and development requirements of the
municipal code:
"P" indicates use is permitted.
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
"Ace" indicates use is permitted as an accessory use.
Use CUP Ace
Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2))
Agriculture: only the following agricultural uses, and buildings accessory to such agricultural
uses, are permitted in the P-U zone: (a) field and seed crops, (b) truck crops, (c) horticultural
crops, (d) orchards and vineyards, (e) pasture and rangeland, (f) tree farms, (g) fallow lands,
(h) greenhouses
Airports
Alcoholic treatment centers
Any other use which the planning commission or city council may determine to be similar to
the permitted uses in the zone and to fall within the intent and purposes of the zone (see
note 1)
Aquaculture (defined: Section 21.04.036)
Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10))
Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section
21.04.048
Campsites (overnight) (subject to Section 21.42.140(B)(40))
Cemeteries
Columbariums, crematories, and mausoleums (not within a cemetery)
Energy transmission facilities, including rights-of-way and pressure control or booster
stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of
energy sources
Fairgrounds
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
Generation of electrical energy, primary, by a government entity or by a company authorized
or approved for such use by the California Public Utilities Commission outside the City's
Coastal Zone only
Generation of electrical energy, accessory, by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission in or
outside the City's Coastal Zone and limited to a generating capacity of fewer than 50
megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone
Golf courses
Governmental maintenance and service facilities
Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70))
Hazardous waste facility (subject to Section 21.42,140(B)(75)) (defined: Section 21.04.167)
Hospitals (defined: Section 21.04.170)
Hospitals (mental) (defined: Section 21.04.175)
Mobile buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265)
Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70))
Petroleum products pipeline booster stations
Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and
agricultural water supplies
Public utility district maintenance, storage and operating facilities
Radio/television/microwave/broadcast station/tower
Recreation facilities
Recreational facilities (public or private, passive or active)
Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section
21.105.015)
Recycling collection facilities, small (subject to Chapter 21 . 1 05 of this title) (defined: Section
21.105.015)
Recycling process/transfer facility
Satellite television antennae (subject to the provisions of Section 21.53.130 of this code)
Signs subject to the provisions of Chapter 21 .41
Stadiums
Transit passenger terminals (bus and train)
Transmission of electrical energy if conducted by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission
Using and storage of fuel oils
Wastewater treatment, disposal or reclamation facilities
Windmills (exceeding height limit of zone) (subject to Section 21 .42. 140(B)(160))
Wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section
21.04.379)
Zoos (private) (subject to Section 21.42. 140(B)(170)) (defined: Section 21.04.400)
Note:
1. Providing there shall not be permitted any use which creates noxious gas or odor,
excessive sound vibration or significant atmospheric pollution.
X
X
X
X
X
X
X
X
X
X
X
2
1
3
2
2
2
1
2
2
2
1
2
3
2
2
1/2
2
X
-2-
1 SECTION II: That the findings of the Planning Commission in Planning
2 Commission Resolution No. 6804 shall constitute the findings of the City Council.
3 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
4 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
5 published at least once in a publication of general circulation in the City of Carlsbad within
6 fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be
7 effective until approved by the California Coastal Commission.
8 ///
9 ///
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INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad
City Council and Housing and Redevelopment Commission on the 27th day of September
2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBITS
1 ORDINANCE NO. CS-159
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE ENCINA POWER STATION PRECISE DEVELOPMENT
. PLAN POP 00-02(E) TO (1) CLARIFY THE ENCINA POWER
STATION IS NOT CONSISTENT WITH THE GENERAL PLAN
OR ZONING ORDINANCE DUE TO ITS LOCATION IN THE
COASTAL ZONE AND ITS GENERATING CAPACITY, AMONG
OTHER THINGS; (2) REVISE THE CONTENTS OF THE
PRECISE DEVELOPMENT PLAN AS NECESSARY TO
7 REFLECT THIS INCONSISTENCY AND (3) MAKE MINOR
HOUSEKEEPING CHANGES TO REFLECT, AMONG OTHER
o THINGS, THE APPROVED STATUS OF THE CARLSBAD
SEAWATER DESALINATION PLANT. THE ENCINA POWER
9 STATION PRECISE DEVELOPMENT PLAN ENCOMPASSES
THE 95-ACRE ENCINA POWER STATION AT 4600 CARLSBAD
BOULEVARD, LOCATED ALONG THE SOUTH SHORE OF
AGUA HEDIONDA LAGOON AND WEST OF INTERSTATE 5
11 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONES 1
AND 3.
12 CASE NAME: CHANGES TO POWER PLANT STANDARDS
CASE NO.: POP 00-02(E)
13
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
14
considered a request, consistent with Chapter 21.36 of the Municipal Code, to approve
15
amendment "(E)" to the Encina Power Station Precise Development Plan, POP 00-02; and
16
WHEREAS, after procedures in accordance with the requirements of law, the
17
City Council has determined that the public interest indicates that PDP 00-02(E) be approved.
18
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
1 Q^ follows:
20 SECTION I: That PDP 00-02(E), dated September 7, 2011, on file in the
21 Planning Department, and incorporated herein by reference, is approved. PDP 00-02(E) shall
22 constitute the development plan for the property and all development within the plan area shall
23 conform substantially to the plan.
24 SECTION II: That the findings of the Planning Commission in Planning
25 Commission Resolution No. 6806 shall constitute the findings of the City Council.
26 ///
27 ///
28 ///
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, 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.
INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad
City Council and Housing and Redevelopment Commission on the 27th day of September
2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 6
1 ORDINANCE NO. CS-160
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
~ CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE ENCINA SPECIFIC PLAN SP 144(N) THAT (1)
4 INCORPORATES PRECISE DEVELOPMENT PLAN PDP 00-
02(E) AS APPROVED BY CITY COUNCIL ORDINANCE NO. CS-
159: (2) DELETES STATEMENTS REGARDING FUTURE
POWER GENERATING FACILITIES; AND (3) CLARIFIES THE
6 ENCINA POWER STATION IS NOT CONSISTENT WITH THE
GENERAL PLAN OR ZONING ORDINANCE. THE ENCINA
7 SPECIFIC PLAN EXTENDS BETWEEN THE PACIFIC OCEAN
AND CANNON ROAD, ENCOMPASSES THE AGUA HEDIONDA
8 LAGOON, THE ENCINA POWER STATION, AND PROPERTIES
WITHIN LOCAL FACILITIES MANAGEMENT ZONES 1, 3, AND
9 13.
CASE NAME: CHANGES TO POWER PLANT STANDARDS
10 CASE NO.: SP 144(N)
WHEREAS, the Encina Specific Plan SP 144 was originally adopted by the City
12 Council as Ordinance No. 9279 on August 3, 1971, and has since been amended several times;
13 and
14 WHEREAS, SP 144 contains the rules and regulations for the orderly
15 development of 680 acres of land, which includes the Agua Hedionda Lagoon, agricultural
16 operations and natural open space, and the Encina Power Station; and
17 WHEREAS, the City Council of the City of Carlsbad has reviewed and
18 considered Specific Plan Amendment SP 144(N) for the Encina Specific Plan; and
19 WHEREAS, after procedures in accordance with requirements of law, the City
20 Council has determined that the public interest indicates that said SP 144(N) be approved.
21 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
SECTION I: That SP 144(N), dated September 7, 2011, on file in the Planning
Department, an
24
substantially to the plan.
27
22 follows:
23 u
Department, and incorporated herein by reference, is approved. SP 144(N) shall constitute the
development plan for the property and all development within the plan area shall conform
25
26 n
SECTION II: That the findings of the Planning Commission in Planning
Commission Resolution No. 6807 shall constitute the findings of the City Council.
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, 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.
INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad
City Council and Housing and Redevelopment Commission on the 27th day of September
2011, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
EXHIBIT 7
1 RESOLUTION NO. 2011-230
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN
3 AMENDMENT AND LOCAL COASTAL PROGRAM
AMENDMENT TO REVISE LAND USE STANDARDS
4 REGARDING THE GENERATION AND TRANSMISSION OF
ELECTRICAL ENERGY AND EXPANSION OPPORTUNITIES
5 FOR THE ENCINA POWER STATION.
CASE NAME: CHANGES TO POWER PLANT STANDARDS
6 CASE NO. : GPA 11 -06/LCPA 1 1 -06
7 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
8
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
9
Commission did, on September 7, 201 1, hold a duly noticed public hearing as prescribed by law
to consider General Plan Amendment GPA 11-06 and Local Coastal Program Amendment
11
LCPA 11-06, as referenced in Planning Commission Resolutions No. 6803 and 6805,
respectively; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 6803 recommending to the City Council approval of GPA 11-06 and adopted Planning
Commission Resolution No. 6805 recommending to the City Council approval of LCPA 11-06;16
17
WHEREAS, the City Council of the City of Carlsbad, on the 27th day of18
September 2011, held a duly noticed public hearing to consider said General Plan Amendment;
20
~. WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the General Plan Amendment and Local Coastal Program Amendment.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
26 1 • That the above recitations are true and correct.
27 2. That the recommendation of the Planning Commission for the approval of
General Plan Amendment GPA 11-06 is adopted and approved, and that the findings of the
28
1 Planning Commission contained in Planning Commission Resolution No. 6803 on file with the
City Clerk and incorporated herein by reference are the findings of the City Council.
2
3. That the recommendation of the Planning Commission for the approval of
3 Local Coastal Program Amendment LCPA 11-06 is adopted and approved, and that the findings
of the Planning Commission contained in Planning Commission Resolution No. 6805 on file with
4 the City Clerk and incorporated herein by reference are the findings of the City Council.
4. That the approval of LCPA 11-06 shall not become effective until it is
, approved by the California Coastal Commission and the California Coastal Commission's
approval becomes effective.
5. This action is final the date this resolution is adopted by the City Council.
8 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review," shall apply:
9
"NOTICE TO INTERESTED PARTIES"
10 The time within which judicial review of this decision must be sought is
11 governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
12 Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
13 on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
14 amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
15 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
16 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
17 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28
-2-
1 PASSED AND ADOPTED at a Joint Special meeting of the City Council and
2 Housing and Redevelopment Commission of the City of Carlsbad on the 27th day of September
3 2011, by the following vote, to wit:
4 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
5 NOES: None.
6 ABSENT: None.
7
8
9n __^
MATT HALL, Mayor
10
'' 1 ATTEST:
12
13 O*0ftRAM^p M. WOOD, City Clerk
14 (SEAL)
15
16
17
18 ''''*/M£,,.'^N'
19
20
21
22
23
24
25
26
27
28
-3-
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council and the Carlsbad Housing and Redevelopment Commission of the City of Carlsbad will
hold a joint public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Tuesday, September 27, 2011, to consider approving (1) a General
Plan Amendment to modify the description of the Public Utilities (U) land use designation and
clarify "generation of electrical energy" may be a primary function of the U designation if it is
located outside the Coastal Zone but only if it is conducted by a government entity or by a
company authorized or approved for such use by the California Public Utilities Commission; (2)
a Zone Code Amendment to the Public Utility (P-U) Zone to clarify (a) generation of electrical
energy must be by a government entity or by a company authorized or approved for such use
by the California Public Utilities Commission, is permitted as a primary use outside the Coastal
Zone only, and is permitted as an accessory use in or outside the Coastal Zone only if it is
limited to a generating capacity of fewer than 50 megawatts; (b) generation of 50 megawatts or
more is prohibited in the Coastal Zone; and (c) transmission of electrical energy is a permitted
use if conducted by a government entity or by a company authorized or approved for such use
by the California Public Utilities Commission; (3) a Local Coastal Program Amendment to the
Agua Hedionda Land Use Plan to eliminate a requirement for a report that would address
whether preservation of land east of Interstate 5 is needed for power plant expansion; (4) an
amendment to the Encina Power Station Precise Development Plan as necessary to be
consistent with the General Plan and Zoning Ordinance amendments proposed and to make
housekeeping changes; and (5) an amendment to the Encina Specific Plan as necessary to
achieve consistency with the proposed amendments, delete standards regarding future power
plants, and make housekeeping changes. The City Council will also consider authorizing the
issuance of a written report, pursuant to Government Code Section 65858(d), describing the
measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No.
CS-067 and the subsequent extensions of that ordinance. The Housing and Redevelopment
Commission will consider concurring with the Council's issuance of the written report.
Whereas, on September 7, 2011 the City of Carlsbad Planning Commission voted 5-0-2 to
recommend approval of (1) a General Plan Amendment to modify the description of the Public
Utilities (U) land use designation and clarify "generation of electrical energy" may be a primary
function of the U designation if it is located outside the Coastal Zone but only if it is conducted
by a government entity or by a company authorized or approved for such use by the California
Public Utilities Commission; (2) a Zone Code Amendment to the Public Utility (P-U) Zone to
clarify (a) generation of electrical energy must be by a government entity or by a company
authorized or approved for such use by the California Public Utilities Commission, is permitted
as a primary use outside the Coastal Zone only, and is permitted as an accessory use in or
outside the Coastal Zone only if it is limited to a generating capacity of fewer than 50
megawatts; (b) generation of 50 megawatts or more is prohibited in the Coastal Zone; and (c)
transmission of electrical energy is a permitted use if conducted by a government entity or by a
company authorized or approved for such use by the California Public Utilities Commission; (3)
a Local Coastal Program Amendment to the Agua Hedionda Land Use Plan to eliminate a
requirement for a report that would address whether preservation of land east of Interstate 5 is
needed for power plant expansion; (4) an amendment to the Encina Power Station Precise
Development Plan as necessary to be consistent with the General Plan and Zoning Ordinance
amendments proposed and to make housekeeping changes; and (5) an amendment to the
Encina Specific Plan as necessary to achieve consistency with the proposed amendments,
delete standards regarding future power plants, and make housekeeping changes.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after September 23, 2011. If you
have any questions, please contact Scott Donnell in the Planning Division at (760) 602-4618 or
scott.donnell@carlsbadca.gov.
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
September 17th, 2011
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
On this 19th, of September, 2011
Proof of Publication of
N(?TICE OF PUBLIC HEARING
v)
~^
Allsholrse
NORTH COUNTY TIMES
Legal Advertising
f NOTICE IS HEREBY GIVEN to you, because your Interest may be
-— affected, that the City Council and the Carlsbad Housing and Rede-velopment Commission of the City of Carlsbad will hold a joint public hearing at
the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at
6-00 p.m. on Tuesday, September 27, 2011, to consider approving (1) a Gen-eral Plan Amendment to modify the description of the Public Utilities (U) land
use designation and clarify 'generation of electrical energy* may be a primary
function of the U designation if it is located outside the Coastal Zone but only if
it is conducted by a government entity or by a company authorized or approved
for such use by the California Public Utilities Commission; (2) a Zone Code
Amendment to the Public Utility (P-U) Zone to clarify (a) generation of electri-
cal energy must be by a government entity or by a company authorized orapproved for such use by the California Public Utilities Commission, is permit-
ted as a primary use outside the Coastal Zone only, and is permitted as an
accessory use in or outside the Coastal Zone only if it is limited to a generating
capacity of fewer than 50 megawatts; (b) generation of 50 megawatts or more
is prohibited in the Coastal Zone; and (c) transmission of electrical energy is a
permitted use if conducted by a government entity or by a company authorized
or approved for such use by the California •Public Utilities Commission; (3) a
Local Coastal Program Amendment to the Agua Hedionda Land Use Plan to
eliminate a requirement for a report that would address whether preservation of
land east of Interstate 5 is needed for power plant expansion; (4) an amend-ment to the Encina Power Station Precise Development Plan as necessary to
be consistent with the General Plan and Zoning Ordinance amendments pro-posed and to make housekeeping changes; andJ5) an amendment to the
Encina Specific Plan as necessary to achieve consistency with the proposed
amendments, delete standards regarding future power plants, and make
housekeeping changes. The City Council will also consider' authorizlncI the
issuance of a written report, pursuant to Government Code Section 6585i8(d),
describing the measures taken to alleviate the condition which lad to the adop-
tion of Urgency Ordinance No. CS-067 and the subsequent extensions of thatordinance. The Housing and Redevelopment Commission will consider con-
curring with the Council's issuance of the written report.
Whereas, on September 7, 2011 the City of Carlsbad Planning Commission
voted 5-0-2 to recommend approval of (1) a General Plan Amendment to mod-
ify the description of the Public Utilities (U) land use designation and clarify
"generation of electrical energy" may be a primary function of the U designation
if it is located outside the Coastal Zone but only if it is.conducted by a govern-
ment entity or by a company authorized or approved for such use by the
California Public Utilities Commission; (2) a Zone Code Amendment to the
Public Utility (P-U) Zone to clarify (a) generation of electrical energy must beby a government entity or by a company authorized or approved for such use
by the California Public Utilities Commission, is permitted as a primary useoutside the Coastal Zone only, and is parmitted as an accessory use in or
outside the Coastal Zone only if it is limited to a generating capacity of fewer
than 50 megawatts; (b) generation of 50 megawatts or more is prohibited in the
Coastal Zone; and (c) transmission of electrical energy is a permitted use if
conducted by a government entity or by a company authorized or approved for
such use by the California Public Utilities Commission; (3) a Local Coastal
Program Amendment to the Agua Hedionda Land Use Plan to eliminate a
requirement for a report that would address whether preservation of land eastof Interstate 5 is needed for power plant expansion; (4) an amendment to the
Encina Power Station Precise Development Plan as necessary to be consistentwith the General Plan and Zoning Ordinance amendments proposed and to
make housekeeping changes; and (5) an amendment to the Encina SpecificRan as necessary to achieve consistency with the proposed amendments,
delete standards regarding future power plants, and make housekeeping
changes.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Copies of the agenda bill will be available on and after
September 23, 2011. If you have any questions, please contact Scott Donnellin the Planning Division at 760-602-4618 or scottdonnell® carisbadca.gov.
If you challenge the General Plan Amendment, Zone Code Amendment, LocalCoastal Program Amendment, Precise Development Plan Amendment and/or
Specific Plan Amendment in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice
or in written correspondence delivered to the City of Carlsbad, Attn: City
Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to
the public hearing.
CASE FILE:GPA 11-06/ZCA 11-05/LCPA 11-06/PDPOO-02(E)/SP 144(N)CASE NAMECHANGES TO POWER PLANT STANDARDS
PITY OF CARLSBADCITY COUNCIL AND HOUSING AND REDEVELOPMENt COMMISSION
PUBLISH: September!?, 2011 net 2299917
AM3AV-O9-008-1 uopmisuj.p
e\ zaijnsuco iuauia6jeip ap suas ®09tS
ja|ad
*|jeqe6 a|
CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92O54
CITY OF VISTA
600 EUCALYPTUS AVE
VISTA CA 92084
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 921 82-4505
STATE OF CALIFORNIA
DEPT OF FISH AND GAME
3883 RUFFIN ROAD
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CA COASTAL COMMISSION
ATTN TON I ROSS
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
AIRPORT LAND USE COMMISSION
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CARLSBAD CHAMBER OF
COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
STEVE MACIEJ - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METRpPeCTTAN DR
EGOCA 92108
CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
SUPERVISOR
RM335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF DEFENSE
LOS ANGELES DISTENG
PO BOX 2711
LOS ANGELES CA 90053
DEPT OF ENERGY
STE 400
611 RYAN PLZDR
ARLINGTON TX 760114005
DEPT OF ENERGY
STE 350
901 MARKET ST
SAN FRANCISCO CA 94103
DEPT OF FISH & GAME
ENVSERVDIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM100
1220NST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE. 811
LOS ANGELES CA 90017
DEPT OF JUSTICE
DEPTOFATTYGEN
RM700
110 WEST AST
SAN DIEGO CA 92101
DEPT OF TRANSPORTATION
RM 5504
1120NST
SACRAMENTO CA 95814
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOSALAMITOSCA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
DEPT
SD COUNTY
PLANNING & LAt
STE B-E
IRD
I DlEGOCA 92123
5201
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
SANDAG
EXEC DIRECTOR
STE 800
1ST INTLJ>t2^01 B ST
5lEGO CA 92101
STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
US ARMY CORPS OF ENGINEER
1455 MARKET ST FL 17
SAN FRANCISCO CA 94103
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
MID PACIFIC REG
2800 COTTAGE WY
SACRAMENTO CA 95825
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT4169
430 GST
DAVIS CA 95606
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801
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GEORGE L PIANTKA, PE
NRG ENERGY, INC.
5790 FLEET STREET, STE 200
CARLSBAD, CA 92008
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JENNIFER A. HEIN, ESQ.
GENERAL COUNSEL - WEST REGION
NRG ENERGY, INC.
5790 FLEET STREET, STE 200
CARLSBAD, CA 92008
JENNIFER CHAVEZ, ESQ.
LUCE, FORWARD,, HAMILTON & SCRIPPS
600 WEST BROADWAY, STE 2600
SAN DIEGO, CA 92101
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS, CA 92069
SAN DIEGO GAS & ELECTRIC CO
8315 CENTURY PARK CT.
SAN DIEGO, CA 92123
LEUCADIA WATER DISTRICT
1960 LA COSTA AV
CARLSBAD, CA 92009
CARLSBAD MUNICIPAL WATER
DISTRICT
ENCINA WASTEWATER AUTHORITY
6200AVENIDAENCINAS
CARLSBAD, CA 92011
PETER MACLAGGAN
POSEIDON RESOURCES
501 W. BROADWAY, STE 2020
SAN DIEGO, CA 92101
BRIAN C. FISH
LUCE FORWARD
600 WEST BROADWAY STE 2600
SAN DIEGO CA 92101-3372
Notices must also be emailed to
Piantka, Hein, and Chavez as
follows:
George.piantka@nrgenergy.com
Jennifer.hein@nrgenergy.com
ichavez@luce.com
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Presented to the City Council
by Scott Donnell at meeting
of 9/27/11 Item #7
SAN LUIS KEY BAND OF MISSION INDIANS
1889 Sunset Drive • Vista, California 92081
760-724-8505 • FAX 760-724-2172
www. slrmissionindians. org
September 27, 2011
Honorable Matt Hall
Mayor VIA EMAIL
City of Carlsbad council@carlsbadca.gov
1 200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: TRIBAL SUPPORT AND AGREEMENT WITH PROPOSED GENERAL
PLAN AMENDMENT 11-06
Dear Mayor Hall and City Council Members:
The San Luis Rey Band of Mission Indians ("Tribe") has received and reviewed the
proposed City of Carlsbad's General Plan Amendment 11-06 ("GPA 11-06"). After a review of
the relevant and pertinent documents regarding GPA 11 -06, the Tribe supports the City's
proposed GPA in that it would revise the current text of the General Plan Land Use Element in
its description of the Public Utilities ("U") land use designation.
Furthermore, we are in support and agreement that thermal electric power generating
facilities, including the expansion of existing facilities, should not be allowed or placed within
the "U" designation areas if such facilities are located and/or are proposed to be located within
the Coastal Zone.
The Tribe supports and is in agreement with General Plan Amendment 11-06 for the
health and safety of our tribal members within your City's jurisdiction, as well as the protection
and preservation of our valuable and irreplaceable cultural resources that are located within the
Coastal Zone and surrounding areas.
Therefore, it is our hope that the City of Carlsbad's leadership will approve General Plan
Amendment 11-06.
Sincerely,
Carmen Mojado
Secretary of Government Relations
San Luis Rey Rand of Mission Indians
Tribal Support for GPA 11-06
City of Carlsbad
Page I of I
Changes to Power Plant StandardsScott DonnellSeptember 27, 2011
Proposed Project•Responds to Council direction and concerns–Moratorium on Coastal Zone power generation–Power generation land use standards•Amends standards regarding–Generation of electrical energy–Transmission of electrical energy
Proposed Project•Provides a written report per state law–Describes city efforts during moratorium–Moratorium expires October 20, 2011
Present Standards•Power generation permitted only by–Public Utilities land use designation (“U”)–Public Utility zone (“P‐U”)•No size, location, or conductor restrictions
Pacific OceanLLAA CCOOSSTTAA AAVVPPAALLOOMMAARR AAIIRRPPOORRTT RRDDPPOOIINNSSEETTTTIIAA LLNNCCAARRLLSSBBAADD BBLL PPOOIINNSSEETTTTIIAA LLNNCCAARRLLSSBBAADD VVIILLLLAAGGEE DDRROOLLIIVVEENNHHAAIINN RRDDALGA RDALGA RDCCOOLLLLEEGGEE BBLLCCAANNNNOONN RRDDTAMARACK AVTAMARACK AVMMEELLRROOSSEE DDRR
EELL CCAAMMIINNOO RREEAALL
AAVVIIAARRAA PPYY RRAANNCCHHOO SSAANNTTAA FFEE RRDD10MilesCOASTAL ZONEOWNER NAME:CABRILLO POWER I L L CCARLSBAD MUNICIPAL WATER DISTRICTCITY OF CARLSBADLEUCADIA WATER DISTRICTSAN DIEGO GAS&ELECTRIC COVALLECITOS WATER DISTRICTPublic Utility ParcelsEncina Power StationEncina Power StationSDG&ESDG&ECityCityVallecitosVallecitosLeucadiaLeucadiaCityCityCity/CMWDCity/CMWD
Proposal•Affects properties–Designated “U” and zoned “P‐U” only•Establishes 50 megawatts as a threshold
Why 50 Megawatts?•Fewer than 50 megawatts: City jurisdiction•50 megawatts or more: State jurisdiction–California Energy Commission–Carlsbad Energy Center Project
Proposal•Defines Carlsbad’s standards regarding powergeneration–In Coastal Zone–Outside Coastal Zone•May require overriding findings by state
Plan Relationships (Geographic)PDP 00‐02SP 144Agua Hedionda Land Use PlanLocal Coastal ProgramGeneral Plan/Zoning Ord
C. LAND USE CLASSIFICATIONS 6. PUBLIC UTILITIES (U) This category of land use designates areas, both existing and proposed, either being used orwhich may be considered for use for public or quasi‐public functions. Primary functions may include such uses things as the generation of electrical energy, treatmentof waste water, public agency maintenance storage and operating facilities, or other primaryutility functions designed to serve all or a substantial portion of the community. A primaryfunction designed to serve all or a substantial portion of the community may also include thegeneration of electrical energy if it is located outside the Coastal Zone but only if it isconducted by a government entity or by a company and such use is authorized or approved bythe California Public Utilities Commission. Sites identified with a "U" designation indicate that the City is studying or may in the futureevaluate the location of a utility facility which could be located within a one kilometer radius ofthe designations on a site for such a facility. Specific siting for such facilities shall beaccomplished only by a change of zone, and an approved Precise Development Plan adopted byordinance and approved only after fully noticed public hearings. Proposed Changes –GPA 11‐06A primary function designed to serve all or a substantial portion of the community…may also include the generation of electrical energy…
C. LAND USE CLASSIFICATIONS 6. PUBLIC UTILITIES (U) This category of land use designates areas, both existing and proposed, either being used orwhich may be considered for use for public or quasi‐public functions. Primary functions may include such uses things as the generation of electrical energy, treatmentof waste water, public agency maintenance storage and operating facilities, or other primaryutility functions designed to serve all or a substantial portion of the community. A primaryfunction designed to serve all or a substantial portion of the community may also include thegeneration of electrical energy if it is located outside the Coastal Zone but only if it isconducted by a government entity or by a company and such use is authorized or approved bythe California Public Utilities Commission. Sites identified with a "U" designation indicate that the City is studying or may in the futureevaluate the location of a utility facility which could be located within a one kilometer radius ofthe designations on a site for such a facility. Specific siting for such facilities shall beaccomplished only by a change of zone, and an approved Precise Development Plan adopted byordinance and approved only after fully noticed public hearings. Proposed Changes –GPA 11‐06[power generation may be a primary function] if it is located outside the Coastal Zone…but only if it is conducted by a government entity or by a company and such use is authorized or approved by the California Public Utilities Commission.
Proposed Changes –ZCA 11‐05•Amends Public Utility Zone only•Adds standards based on Coastal Zone•Defines acceptable conductors
Proposed Changes –ZCA 11‐05•Power generation, inside the Coastal Zone:–Is acceptable only as an accessory use–Is acceptable only if fewer than 50 megawatts–Is prohibited if 50 megawatts or more–Is prohibited as a primary use
Proposed Changes –ZCA 11‐05•Power generation, outside the Coastal Zone:–Is acceptable as a primary use (50 megawatts ormore)–Is acceptable as an accessory use (fewer than 50megawatts or more)
Proposed Changes –ZCA 11‐05Power generation, all locations:•Must be conducted by a government entity ora company authorized for such use by the PUC
Proposed Changes –ZCA 11‐05Power transmission, all locations:•Must be conducted by a government entity ora company authorized for such use by the PUC
Proposed Changes –Other Documents•LCPA 11‐06 – (Agua Hedionda Land Use Plan)•SP 144(N) – (Encina Specific Plan)•PDP 00‐02(E) – (Precise Development Plan)
Other DocumentsAgua Hedionda Land Use PlanPrecise Development PlanEncina Specific Plan
Other Documents•Proposed amendments–Ensure consistency–Eliminate future power generation provisions–Reflect that power generation is not a coastaldependent land use
Pacific OceanLLAA CCOOSSTTAA AAVVPPAALLOOMMAARR AAIIRRPPOORRTT RRDDPPOOIINNSSEETTTTIIAA LLNNCCAARRLLSSBBAADD BBLL PPOOIINNSSEETTTTIIAA LLNNCCAARRLLSSBBAADD VVIILLLLAAGGEE DDRROOLLIIVVEENNHHAAIINN RRDDALGA RDALGA RDCCOOLLLLEEGGEE BBLLCCAANNNNOONN RRDDTAMARACK AVTAMARACK AVMMEELLRROOSSEE DDRR
EELL CCAAMMIINNOO RREEAALL
AAVVIIAARRAA PPYY RRAANNCCHHOO SSAANNTTAA FFEE RRDD10MilesCOASTAL ZONEOWNER NAME:CABRILLO POWER I L L CCARLSBAD MUNICIPAL WATER DISTRICTCITY OF CARLSBADLEUCADIA WATER DISTRICTSAN DIEGO GAS&ELECTRIC COVALLECITOS WATER DISTRICTPublic Utility ParcelsCityCityVallecitosVallecitosLeucadiaLeucadiaCityCity
Project Benefits•Respond to City Council direction•Clarify Carlsbad’s power generation standards•Emphasize city discretion•May require state to make overriding findings
Recommendation•City Council authorize issuance of a writtenreport•Housing and Redevelopment Commissionconcur with issuance
RecommendationCity Council approve:•GPA 11‐06•ZCA 11‐05•LCPA 11‐06•PDP 00‐02(E)•SP 144(N)
Outreach EffortsLPCA Changes – mailed JulyGP/Zone Changes ‐mailed July & AugPublic Hearing Notices – mailed Aug & SeptNRGDD DSDG&EDD DEncinaWastewater AuthorityDD DOther U/P‐Uproperty ownersDD