HomeMy WebLinkAbout2011-10-11; City Council; 20709; APPROVAL AMENDMENTS ENCINA POWER STATIONCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20.709
10/11/11
Clerk
APPROVAL OF AMENDMENTS TO THE
ZONING ORDINANCE SECTION 21.36.020
TABLE "A", THE ENCINA POWER STATION
PRECISE DEVELOPMENT PLAN PDP 00-
02(E) AND THE ENCINA SPECIFIC PLAN SP
144(N)
DEPT. HEAD
CITY ATTY. {
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-158, approving an amendment to the Carlsbad Municipal Code, Zoning
Ordinance Section 21.36.020 Table "A", ZCA 11-05, regarding generation and transmission of
electrical energy as permitted uses in the Public Utility Zone; and,
Adopt Ordinance No. CS-159. approving an amendment to the Encina Power Station Precise
Development Plan PDP 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; (2) revise the contents of the Precise Development Plan as necessary to reflect this
inconsistency; and (3) make minor housekeeping changes to reflect the approved status of the
Carlsbad Seawater Desalination Plant. The Encina Power 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 and within Local Facilities
Management Zones 1 and 3; and,
Adopt Ordinance No. CS-160, approving an amendment to the Encina Specific Plan SP 144(N)
that (1) 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 Encina Power Station is not consistent with the General Plan or Zoning Ordinance.
The Encina Specific Plan extends between the Pacific Ocean and Cannon Road, encompasses the
Agua Hedionda Lagoon, the Encina Power Station, and properties within Local Facilities
Management Zones 1, 3 and 13.
ITEM EXPLANATION:
Ordinance Nos. CS-158, CS-159 and CS-160 were introduced and first read at the Joint Special
Meeting of the City Council and Housing and Redevelopment Commission held on September
27, 2011. The second reading allows the City Council to adopt the ordinances. Ordinance Nos.
CS-159 and CS-160 will become effective thirty days after adoption. Ordinance No. CS-158 will
become effective no sooner than thirty days after adoption, but not until approved by the
California Coastal Commission. The City Clerk will have the ordinances published within fifteen
days, if adopted.
DEPARTMENT CONTACT: KAREN R. KUNDTZ, Asst. City Clerk 760.434.2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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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 P
X
X
X
CUP
3
3
2
2
2
2
2
3
2
3
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
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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 21.105 of this title) (defined: Section
21.105.015)
Recycling process/transfer facility
Satellite television antennae (subject to the provisions of Section 21 .53. 1 30 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.
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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.
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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 11th day of October 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONATD R. BALL, City Attorney
ATTEST:
LORRANE M. WOOD, City Clerk
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1 ORDINANCE NO. CS-159
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
, CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE ENCINA POWER STATION PRECISE DEVELOPMENT
4 PLAN PDP 00-02(E) TO (1) CLARIFY THE ENCINA POWER
STATION IS NOT CONSISTENT WITH THE GENERAL PLAN
5 OR ZONING ORDINANCE DUE TO ITS LOCATION IN THE
COASTAL ZONE AND ITS GENERATING CAPACITY, AMONG
6 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
8 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
10 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.: PDP 00-02(E)
13
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
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considered a request, consistent with Chapter 21.36 of the Municipal Code, to approve
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amendment "(E)" to the Encina Power Station Precise Development Plan, PDP 00-02; and
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WHEREAS, after procedures in accordance with the requirements of law, the
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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
10 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.
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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
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Joint Special Meeting
City Council and Housing and Redevelopment Commission on the 27th day
2011, and thereafter.
Carlsbad within
of the Carlsbad
of September
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 1 1th day of October 201 1 , by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
Q-^P rw~_
RONALD R. BALL, City Attorney
s'/f
-^44^/^yMATT HALL, Mayor
ATTEST:
-dijfs " ^n^rfr^/" ~/^&vLt{ wttL- /// '/ pvty^
'LORRAINE] M. WOOD, City cierk
v\Mlll/(//
(SEAL) ^V^^o'''
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1 ORDINANCE NO. CS-160
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
o CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE ENCINA SPECIFIC PLAN SP 144(N) THAT (1)
4 INCORPORATES PRECISE DEVELOPMENT PLAN POP 00-
02(E) AS APPROVED BY CITY COUNCIL ORDINANCE NO. CS-
5 159: (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)
l\ 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 ar|d
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
22 follows:
SECTION I: That SP 144(N), dated September 7, 2011, on file in the Planning
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Department, and incorporated herein by reference, is approved. SP 144(N) shall constitute the
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development plan for the property and all development within the plan area shall conform
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substantially to the plan.
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SECTION II: That the findings of the Planning Commission in Planning
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Commission Resolution No. 6807 shall constitute the findings of the City Council.
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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 11th day of October 2011, by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALT) R. BALL, City Attorne
MATT MAIL, Mayor
ATTEST:
LORRAfNE M. WOOD, City Clerk
(SEAL)
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