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HomeMy WebLinkAbout2012-03-13; City Council; 20833; PROPOSED SDG&E OPERATIONS CENTERCITY OF CARLSBAD - AGENDA BILL 10 AB# 20.833 PROPOSED SDG&E NORTH COUNTY DEPT. DIRECTOR MTG. :^/13/12 OPERATIONS CENTER -CITY ATTORNEY fk DEPT. CED PROCESSING REQUIREMENTS CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution No.201 2-058ALLOWING the proposed SDG&E North County Operations Center temporary mobile building at the Encina Power Plant site to be processed by a Conditional Use Permit (CUP), without requiring an update to the entire Specific Plan 144. ITEM EXPLANATION: A CUP application has been submitted to add a proposed temporary mobile building to the existing SDG&E Operations Center adjacent to the Encina Power Plant site, and Cannon Park. The SDG&E Operations Center lot is part of a larger 650-acre Specific Plan area (SP 144) which also includes Agua Hedionda Lagoon, the Encina Power Plant, and a number of properties surrounding the lagoon owned by Cabrillo Power. A CUP application was submitted for a 2,850 square foot temporary mobile building to be used as a multi-purpose meeting room for SDG&E employees. Currently, the Operations Center employees travel to San Diego approximately weekly for training and testing. Previous City Council action (City Council Resolution of Intention No. 98-145, attached) refiects Council's intention to require that any applicant within the area subject to Specific Plan 144 prepare a comprehensive update of the specific plan prior to the issuance of any new permits for construction. Since 1998, the City has been generally consistent in adhering to the City Council's adopted direction that any new facilities or improvements are not allowed until a comprehensive update to the Specific Plan is completed. However, there have been some warranted exceptions approved by the City Council in the recent past. In June 2002, the City Council determined that the processing of the Carlsbad Desalination Plant project would require a comprehensive update/amendment (AB#16,790 attached for reference) to Specific Plan 144. At that time, the Council also determined that if in the future an alternative processing approach is warranted, staff should return with a Council resolution proposing the alternative approach. In 2003, the City Council passed Resolution 2003-208 (attached for reference), allowing the processing of the Desalination Plant as an amendment to Specific Plan 144, rather than as a comprehensive update to Specific Plan 144. Due to the mobile building being a temporary use until such time as SDG&E finds a new location for its Operations Center or SDG&E brings forward an alternative that includes a permanent and comprehensive plan to address their training space needs at the present location, staff is recommending that the City Council allow the processing of the SDG&E temporary mobile building with a Conditional Use Permit instead of requiring a comprehensive update to SP 144. The following justifications are provided to support this recommended change in the position of the City Council for this specific proposal: 1. The proposal is for a temporary use. The proposal includes utilizing a mobile building which requires the approval of a Conditional Use Permit. The Zoning Ordinance classifies the use as a mobile DEPARTMENT CONTACT: Dan Halverson 760-602-4631; Daniel.Halverson@carlsbadca.gov FOR CITY CLERKS USE ONLY. 4 COUNCIL ACTION: APPROVED 4 CONTINUED TO DATE SPECIFIC • DENIED 4 CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 building and Section 21.42.140(A)(90) limits the occupancy of mobile buildings to a five-year term, unless extended by the Planning Commission for any additional five-year terms. Through the Conditional Use Permit, supported by these provisions in the ordinance, the period that the mobile building is on site can and will be limited. 2. SDG&E has expressed an interest in working with the City on a longer term plan to relocate the North County Operations Center from its current location to a new location off the coastline. The proposed mobile building will allow SDG&E to meet its current operational needs on a temporary basis while a possible new location is pursued, or alternately, until a permanent and more comprehensive plan to address their training needs on the current site is brought fon^^ard. The long term benefit of a relocated Operations Center to the community is that the coastally proximate site could be made available in the future for other uses that would capitalize on being located along Carlsbad Boulevard and the Interstate 5 corridor. 3. In order to ensure that progress towards a new location, or alternatively towards a permanent and more comprehensive plan to address their training needs is being diligenfiy pursued, the City Council, after review and recommendation by the Planning Commission, shall be the final decision- making body on any additional five-year extension of the Conditional Use Permit for the SDG&E North County Operations Center temporary mobile building. 4. The City Council requirement that SP 144 be comprehensively updated occurred during a time when all of the Encina Property was under the single ownership of SDG&E. Today a majority of the Encina Property west of Interstate 5 is under the ownership of NRG. Having multiple property owners complicates the ability to update the entire plan and objections by one of the owners can prevent the update from taking place. Because of the interests of the current property owners it is not feasible to comprehensively update the plan at this time. FISCAL IMPACT: No fiscal impacts are associated with this action. The processing of the CUP for the operations center has been paid for with the CUP application fees. ENVIRONMENTAL IMPACT: That the City Planner has determined that the action for which approval is proposed does not constitute a project as defined in Section 15378 of the state CEQA Guidelines and is therefore not subject to CEQA. EXHIBITS: 1. City Council Resolution No. 2012-058 2. Location Map 3. City Council Resolution of Intention No. 98-145 4. City Council Agenda Bill No. 16,790, dated June 11, 2002 5. City Council Resolution 2003-208. EXHIBIT 1 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1 RESOLUTION NO. 2012-058 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOWING THE PROPOSED 3 SDG&E NORTH COUNTY OPERATIONS CENTER TEMPORARY MOBILE BUILDING TO BE PROCESSED BY A 4 CONDITIONAL USE PERMIT WITHOUT REQUIRING A COMPREHENSIVE UPDATE TO SPECIFIC PLAN 144 ON 5 PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD. CASE NAME: PROPOSED SDG&E NORTH COUNTY 6 OPERATIONS CENTER TEMPORARY MOBILE BUILDING - PROCESSING REQUIREMENTS 7 " 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a Conditional Use Permit application has been submitted to the City of Carlsbad, California for a proposed temporary mobile building at the SDG&E North County Operations Center located on the SDG&E property at the northeast corner of Cannon Road and Carlsbad Boulevard; and WHEREAS, discussions with the property owners within the Specific Plan 144 area in the past relating to land uses, public access, and other similar matters progressed to the point where City Council believed that it would be necessary to update the entire Specific Plan; and WHEREAS, the City Council of the City of Carlsbad, California previously determined in 1998 (City Council Resolution of Intention No. 98-145) that any applications for the development of the subject area should not be processed until a comprehensive update of Specific Plan 144 is completed, of which the SDG&E North County Operations Center site is a part thereof; and WHEREAS, however since the proposed SDG&E North County Operations Center temporary mobile building Conditional Use Permit is being proposed for only a temporary period of time (5 years), unless extended by Planning Commission for additional five (5) year periods, the City Council authorizes that the Conditional Use Permit for such use be allowed to be processed without the need to update the entire Specific Plan 144. /// 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 2 of Carlsbad as follows: 3 1. That the above recitations are true and correct. 19 20 2. That the City Council authorizes a Conditional Use Permit application for a temporary mobile building on the SDG&E North County Operation Center property, without the necessity for a comprehensive update to Specific Plan 144. 4 5 6 „ That the City Council finds: 7 i. The proposal is for a temporary use. The proposal includes utilizing a mobile building which requires the approval of a Conditional Use 8 Permit. The Zoning Ordinance classifies the use as a mobile building and Section 21.42.140(A)(90) limits the occupancy of mobile buildings 9 to a five-year term, unless extended by the Planning Commission for any additional five-year terms. Through the Conditional Use Permit, 10 supported by these provisions in the ordinance, the period that the mobile building is on site can and will be limited. 11 That SDG&E has expressed an interest in working with the City on a 12 longer term plan to relocate the North County Operations Center from its current location to a new location off the coastline. The proposed 13 mobile building will allow SDG&E to meet its current operational needs on a temporary basis while a possible new location is pursued, 14 or alternately, until a permanent and more comprehensive plan to address their training needs on the current site is brought fon^/ard. 15 The long term benefit of a relocated Operations Center to the community is that the coastally proximate site could be made 16 available in the future for other uses that would capitalize on being located along Carlsbad Boulevard and the Interstate 5 corridor. 17 In order to ensure that progress towards a new location, or lg alternatively towards a permanent and more comprehensive plan to address their training needs is being diligently pursued, the City Council, after review and recommendation by the Planning Commission, shall be the final decision-making body on any additional five-year extension of the Conditional Use Permit for the SDG&E North County Operations Center temporary mobile building. 21 iv. The City Council requirement that SP 144 be comprehensively updated occurred during a time when all of the Encina Property was 22 under the single ownership of SDG&E. Today a majority of the Encina Property west of Interstate 5 is under the ownership of NRG. Having 2^ multiple property owners complicates the ability to update the entire plan and objections by one of the owners can prevent the update from ^ taking place. Because of the interests of the current property owners it 2^ is not feasible to comprehensively update the plan at this time. 26 /// 27 /// 28 -2- 1 "NOTICE TO APPLICANT" * 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 made applicable in the City of 3 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 4 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 5 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 6 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, 7 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 8 /// III III III III III III III 9 10 11 12 13 14 15 16 17 /// 18 /// 19 /// 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// -3-^•5 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 13*^ day of March, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. (SEAL) NE M. WOOD, City Clerk EXHIBIT 2 SITE MAP NOT TO SCALE SDG&E North County Ops Center CUP 11-07 7 EXHIBIT 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION OF INTENTION NO. 98-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO STUDY AND CONSIDER AMENDMENTS TO THE GENERAL PLAN, ZONING DESIGNATIONS AND THE ZONING ORDINANCES PERTAINING TO THE ENCINA POWER PLANT AND SURROUNDING PROPERTIES PRESENTLY UNDER THE OWNERSHIP OF THE SAN DIEGO GAS AND ELECTRIC COMPANY WHEREAS, the San Dlego Gas and Electric Company (SDG&E) initially constructed the Encina Power Plant in approximately 1952; and WHEREAS, the Public Utility (PU) Zone was established in 1971 and applied to the Encina Power Plant and surrounding properties owned by SDG&E; and WHEREAS, in confomiance with the PU Zone, a Specific Plan was adopted for the 680 acre SDG&E ownership including the Power Plant site; and WHEREAS, the General Plan designation establishing a Public Utilities (U) land use classification was created In 1974 and subsequently applied to the Encina Power Plant; and WHEREAS, in 1973 the City Council approved an amendment to the Specific Plan to pennit enlargement of the Power Plant including the construction of a 400 foot high stack as a means of dispersing Power Plant air emissions and reducing adverse impacts on surounding residential neighborhoods; and WHEREAS, the amended Speciftc Plan required notice and public hearings for any subsequent changes to the Plan; and WHEREAS, there have been a number of changes made at the Power Plant without notice and hearings including a fuel tank installation in 1975, a two-story 50'x16' control room in 1977, the relocation of a maintenance building, expansion of a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 switching substation and driveway In 1980, the expansion ofa distribution substation in 1982, the addition of a 6,168 square foot administration building in 1984, the remodeling of the electric shop in 1985, addition of a storeroom and repair facility in 1986, the construction of a 24' x 40' pipe storage shed in 1986, the construction of a 30' x 30' metai paint shop in 1986, the addition of numerous microwave dishes and radio antenna attached to the stack, and the addition of temporary office trailers; and WHEREAS, SDG&E was infomned that any future modifications, changes, amendments or additions to its plant would require a complete major amendment to the specific pian processed in accordance with Chapter 21.36 of the Carisbad Municipal Code, and at that time, the cumulative impact of all previous changes would be considered and an analysis would be made as to whether any conditions are necessary to address those cumulative impacts; and WHEREAS, in 1975, the PU Zone was updated to require a Precise Development Plan (PDP) rather that a Specific Plan for public utility uses; and WHEREAS. SDG&E has been infonned that a Precise Development Plan is needed for the Power Plant site; and WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was adopted in 1982 which includes the properties owned by SDG&E including the Encina Power Plant site; and WHEREAS, the LCP contains numerous regulations and restrictions whrch impact the SDG&E properties and the Power Plant including public access, land use, recreation, agriculture, aquaculture, visual impacts and uses ofthe lagoon; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the existing Specific Plan for the SDG&E properties does not address the regulations and restrictions ofthe LCP; and WHEREAS, the City applied to the Coastal Commission to obtain effective certification for the Agua Hedionda LCP but was requested by SDG&E to withdraw the application which the city subsequently did based upon a commitment by SDG&E that it would update its Specific Plan and bring the Power Plant site into conformance with tiie Site Development Plan ("Plan") requirements contained in Chapter 21. 36 of the Carisbad Municipai Code; and WHEREAS, SDG&E did not follow through on its commitment regarding the LCP; and WHEREAS, the Zoning designations on the SDG&E properties are not in strict conformance with the General Plan designations on the properties in that portions of the properties are zoned Public Utility (PU) but are designated on the General Plan for Open Space (OS) or Travel/Recreational Commercial (TR) use; and WHEREAS, because of the aforementioned occurrences and unresolved issues, the city has requested of SDG&E on numerous occasions that it prepare a comprehensive, updated Plan for the existing and future use and development of its property; and WHEREAS, despite numerous verbal agreements to do an updated Plan, SDG&E has not come fonward with a formal proposal, work program or timeline for initiating a process to update its Plan and address outstanding concerns and issues; and -3- 10 1 WHEREAS, SDG&E has now infonned the city that it is mandated by the 2 courts to divest itself from its electric generating operations and facilities and has applied to the Califomia Pubiic Utilities Commission for pemiission to sell the Encina Power Plant to a private operator without addressing or agreeing to address the aforementioned issues regarding outdated plans, tand use inconsistencies, coastal concerns and unfulfilled commitinents; and 8 WHEREAS, the sale of the Power Plarit site to a private operator raises 9 additional issues and public concems including future restrictions on public access to the Agua Hedionda Lagoon, future dredging of the lagoon, restrictions on the use of the site to only industrial or power generation notwithstanding consideration of the public health, safety or general welfare, the disposition of Cannon Park, proposed future changes of land use, the continuation of aquaculture and research at the lagoon, beach 10 11 12 13 14 15 area improvements, environmental clean-up and mitigation related to oil and fuel 16 storage and usage; and 17 WHEREAS, the city believes that it is necessary in order to protect tiie 18 interests of its citizens for the city staff to initiate a process to address the 19 aforementioned issues and concerns and to study and consider a comprehensive, 20 updated plan for the SDG&E properties including the Encina Power Plant site; and 22 WHEREAS, the city believes that it is necessary for this process to 23 include consideration of amendments to the existing Zoning and General Plan 24 designations of the SDG&E properties; and 2^ WHEREAS, these considerations should Include whether the continued 26 use of a portion ofthe property for a Power Plant is in the best interest of the citizens of 27 28 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carisbad and is the best, long-term use of the property given its superior coastal location and its proximity to other existing, sun-ounding uses that can be adversely impacted by Power Plant use; and WHEREAS, since SDG&E Intends to sell the Encina Power Plant to a private operator, Section 21.48.100 of the Carlsbad Municipal Code which exempts Public Utilities from certain non-confomiing use provisions ofthe Zoning Ordinance may no longer be appropriate or necessary and this code section should be considered for amendment or repeal. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carisbad. California as follows: 1. That the above recitations are tme and correct. 2. That pursuant to Section 21.52.020 of the Carisbad Municipal Code and Section 65368 of the State Government Code, the City Council of the City of Carisbad declares its intention to consider amendments to the General Plan and the Zoning Ordinance as it pertains to the Encina Power Plant and the sun-ounding properties now under the ownership of the San Diego Gas and Electric Company (SDG&E) as shown on the attached location map and labeled Exhibit "A". 3. City staff is hereby directed to study this matter, prepare recommendations and to set public hearings before the Planning Commission and City Council to determine whether the present General Plan and Zoning designations for the SDG&E property including the Power Plant site should be amended. 4. Part of the study may include preparing altemative land uses and a "conceptual Master Plan" for the properties including the Encina Power Plant site and, at this time, staff is authorized to solicit Requests for Qualifications (RFQs) from consulting fimis that are interested in contracting with the city to assist staff in preparing said alternative uses for the Power Plant site. -5- 5. Staff is also directed to consider the repeal or amendments to Section 21.48.100, as appropriate, of the Carisbad Municipal Code regarding Public Utility exemptions from the non-confomiing use provisions ofthe Zoning Ordinance. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the J-^th day of May ^ i ggs, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Hall 8 NOES: None 9 /\ /ABSENT: j;ouncl>^eBiber Hall 10 11 12 CLAU ATTEST: 13 14 15 16 ALETHA 17 18 19 20 21 22 23 24; 25 26 27 28 LETHA L. RAUTENKRANZ, City Clerk / T3 0) > O M Pu fX CO O c O g O < o z o o CITY OF CARLSBAD - AGENDA BILL EXHIBIT 4 I a- AB# 16,790 MTG. 6-11-02 DEPT. PLN ^ TITLE: ENCINA POWER PLANT PROCESSING REQUIREMENTS PROPOSED DESALINATION FACILITY DEPT. HD. CJTY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council DIRECT staff to continue to require a comprehensive Amendment/Update of Specific Plan 144 in conjunction with the processing of any application on the Encina Power Plant site. If the Council determines that an alternative processing approach is warranted, the City Attorney should be directed to return with a Council resolution fonnalizing the alternative approach. ITEM EXPLANATION: An application has been submitted for a proposed desalination plant on the Encina Power Plant property. The Encina Power Plant is part of a larger 650-acre Specific Plan, SP 144, which also Includes Agua Hedionda Lagoon and a number of properties surrounding the Lagoon owned by Cabrillo Power and Sempra Energy (SDG&E). In 1998, the City Council passed a Resolution of Intention (Resolution No. 98-145 attached) to have staff do a land use study for the Specific Plan area. The Specific Plan is very old. There are many unresolved issues associated with the Specific Plan properties including zoning designations which do not match the General Plan, out-dated plans that do not show existing structures and improvements, Local Coastal Plan requirements that have not been addressed and numerous other issues. The purpose of the land use study was to address these issues but also to establish a future vision for the area. Two major objectives which the city wanted to address in formulating this vision was 1) to secure public ownership df the south shore of the lagoon east of 1-5 in order to enhance public access and use of this open space area and 2) to consider the possibility of demolishing the existing power plant and constructing a smaller one thereby freeing-up some additional beach front property for public use. Initiation of the land use study was subsequently put on hold when the Power Plant was sold by SDG&E to Cabrillo Power. It was the city's intent to work with the new owner to update the Specific Plan and include consideration of replacing the existing Power Plant with a newer, smaller and more visually pleasing plant. The city attempted to negotiate a M.O.U. with the new owner which would include a process to study the existing and future land use but the M.O.U. never materialized and discussions have ceased. In July of 2000, the City Council approved the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project. The Encina Power Plant site is located within the boundaries of the Redevelopment Project. Two of the stated goals of the Plan were: • Facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant • Developing new beach and coastal recreational opportunities. Based upon the adoption of the Redevelopment Plan and the Council's Resolution of Intention in 1998, it has been staffs consistent position that no new improvements or facilities will be allowed at the Encina Power Plant and no application for new facilities will be processed on the site until the entire Specific Plan 144 is amended and the matters described above are addressed. In December 2001. the Planning Department was requested to provide a letter to Poseidon Resources Corporation which, in part, would identify processing requirements for a proposal to locate a desalination facility at the Encina Power Plant. A copy of the letter is attached. The issue of the Specific Plan update is included in the letter (top of Page 2). '4 PAGE 2 OF AGENDA BILL NO. ^^''^^^ A forma! application for the desalination plant has now been submitted and the issue of requiring an update of the Specific Plan in conjunction with the processing of the application has been raised. Interested parties associated with the proposed desalination plant have indicated to staff that the project must be processed in a very expedient manner and they are concerned that updating the Specific Plan will not allow them to meet the required timeframes. Therefore, staff is returning to the City Council at this time to secure direction regarding this matter. Staff believes that the most effective way to address the goals and formulate a vision for the Specific Plan area as previously identified by the City Council, is to continue to require the processing of a Specific Plan Amendment/Update with any application which proposes new facilities or improvements on the Encina Power Plant site. However, there are alternative processing schemes which could be considered by the Council. Staff has identified four processing approaches, which are described below. Alternative 1 - Applicant/Property owner - initiated Comprehensive Specific Plan Amendment/ Update. This alternative would require the applicant for any proposed project, such as the desalination plant, to prepare an update of the Specific Plan with the authorization of the property owners (Cabrillo Power and Sempra Energy). The city would then be a reviewer of the Plan prepared by the applicant which is nonnally the process which is followed. This alternative would require the cooperation and resource commitment by the property owners. /Mtemative 2 - City-initiated Comprehensive Specific Plan Amendment/Update. This alternative was the one originally being pursued by the city in 1998 because of lack of cooperation and effort by the property owner but was not initiated because the power plant was sold to a new owner. This alternative does not require authorization from the property owners. The Specific Plan Amendment would be prepared by staff which would require additional staff time commitment. The property owners could provide some resistance to cooperating with the staff' preparation. Alternative 3 - Minor Specific Plan Amendment - Defer Comprehensive Update. This alternative would defer a comprehensive amendment/update of the Specific Plan until a later time. The existing Plan would merely be amended to identify any new improvements or facilities if approved by the city such as the desalination plant. The site, however, would still be retained as part of the larger Specific Plan. The consideration of the previously identified city goals and formulation of a vision for the entire Specific Plan area would also be deferred. Alternative 4 - Delete Specific Plan on Power Plant/Desalination Facility Site and Replace with Precise Development Plan. This alternative is the one preferred by the owner ofthe power plant and the applicant for the desalination facility. The zoning of the power plant site (PU) requires a Precise Development Plan (PDP) for any new facilities approved on the site. As previously stated, an application for a PDP has already been fomnally submitted. This alternative would delete the power plant site from the Specific Plan and replace it with the PDP. The city would then just be reviewing the acceptability of the desalination plant on the property. A future update of the Specific Plan including city goals and vision formulation would then just involve the other properties In the Plan primarily owned by Sempra Energy. The best case processing times for Alternatives 1 and 2 are 24 months and for Altematives 3 and 4 18 months. These are best case processing times in that they assume the project is given a high priority, Is adequately resourced and all parties cooperate to a high level. Also, the times do not include Coastal Commission processing. The Coastal Commission has coastal permit authority over the Encina Power Plant site and will eventually have final approval authority. /// /// 15 PAGE 3 OF AGENDA BILL NO. 16.790 Staff is presently operating under the Altemative 1 processing approach described above. If the Council desires to operate under an alternative approach, staff should be so directed and the City Attorney should return with a resolution formalizing the alternative approach. Regardless of the approach that is utilized In processing the application for the proposed desalination facility, staff has drafted some key principles to be used in reviewing tiie application and negotiating the facility. These principles are based on previous Council actions and discussions regarding these items. A summary of the principles are attached as Exhibit 4. ENVIRONMENTAL: It has been determined that an Environmental Impact Report (EIR) will be prepared to analyze the environmental effects of developing a desalination facility at the Encina Power Plant. Carisbad will be the lead agency for conducting the environmental review. FISCAL IMPACT: None associated with this action. Processing of the proposed desalination facility and associated Specific Plan Amendment will require staff time and resources. Fees for processing and the preparation of an EIR will be paid by the applicant. EXHIBITS: 1. SP 144 Boundary Map 2. Resolution of Intention No. 98-145 3. Letter to Poseidon Resources Corporation, dated December 6, 2001 4. Principles for Desalination Negotiations. Co EXHIBIT 5 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 RESOLUTION NO. 2003-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA ALLOWING THE PROPOSED CARLSBAD DESALINATION PLANT AND ENCINA POWER PLANT TO BE PROCESSED WITHOUT REQUIRING A COMPREHENSIVE UPDATE OF THE ENTIRE SPECIFIC PLAN 144 CASE NAME: PROPOSED CARLSBAD DESALINATION PLANT - PROCESSING REQUIREMENTS WHEREAS, an application has been submitted to the City of Carisbad. California for a proposed desalination plant located on the Encina Power Plant property; and WHEREAS, the City Council of the City of Carlsbad. California previously determined that the application should not be processed until comprehensive update of Specific Plan 144 is done, of which the Power Plant is a part; and WHEREAS, discussions with the property owners within the Specific Plan 144 area relating to land use. public access and other similar matters have progressed to the point where the City Council believes that it is not necessary to update the entire Specific Plan at this time. NOW, THEREFORE, the City Council of the City of Carisbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That an amendment of Specific Plan 144 shall be processed for the processing of the Carisbad Desalination Facility and Encina Power Plant rather than a comprehensive update ofthe entire Specific Plan. 17 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the 5th day of AUGUST • 2003. by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None CLAUD ATTEST: LORRAINE M. waOD, City Clerk ' (] (SEAL) -2-