HomeMy WebLinkAbout2014-05-20; City Council; 21601; CECP Amendment GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(O)CITY OF CARLSBAD - AGENDA BILL
RECOMMENDED ACTION:
CS-253
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AB# 21,601 CECP AMENDMENT
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0)
DEPT. DIRECTOR
MTG. 5/20/14 CECP AMENDMENT
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) CITY ATTORNEY
DEPT. CED
CECP AMENDMENT
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) CITY MANAGER
CS-254 , and That the Council hold a public hearing and INTRODUCE Ordinances No.
CS-255 APPROVING, respectively, amendments tothe City ofCarlsbad Zoning Ordinance (ZCA 14-
01), Encina Power Station Precise Development Plan (PDP 00-02(F)), and the Encina Specific Plan (SP
144(0)): and ADOPT Resolution No. 2014-096 APPROVING a General Plan Amendment
(GPA 14-01) based on the findings contained therein.
ITEM EXPLANATION:
On January 14, 2014, the City Council approved Resolution 2014-010, which authorized the Mayor to
execute an agreement (Agreement) between the City ofCarlsbad (City), the Carlsbad Municipal Water
District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC (Collectively NRG), and San Diego
Gas & Electric (SDG&E) addressing City and CMWD support for a change in the proposed technology of
the approved Carlsbad Energy Center Project (CECP) according to a number of terms and conditions.
Additionally, Resolution 2014-010 directed staff to review the City's prior legislative actions concerning
the CECP and recommend changes, if any, that would be needed to reflect the changed circumstances,
reduced environmental profile and significant community benefits associated with the future Amended
CECP. As a result, the City Planner identified the following actions that would be necessary to
demonstrate the city's support ofthe Amended CECP:
• A General Plan Amendment (GPA 14-01) to revise the description of the Public Utility (U)
designation of the Land Use Element to allow generation of electrical energy by fossil fuel only
if it is the subject of the Agreement, dated January 14, 2014, between the City, CMWD, NRG,
and SDG&E.
• A Zone Code Amendment (ZCA 14-01) to repeal and revoke the previous legislative action
amending Chapter 21.36 - Public Utility Zone (P-U) which only allowed the generation of
electrical energy outside of the coastal zone.
• A Precise Development Plan Amendment (PDP 00-02(F)) to delete the previous text additions
which demonstrated opposition to the CECP as originally proposed and to include text that
supports the Amended CECP.
• A Specific Plan Amendment (SP 144(0)) to repeal the Encina Specific Plan.
DEPARTMENT CONTACT: Barbara Kennedy 760-602-4626 Barbara.KennedvPcarlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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The proposed amendments do not approve any development for the Amended CECP, but rather allow
for NRG's application to the CEC, amending the previously approved CECP, to be found consistent with
the city's General Plan and zoning regulations.
On April 16, 2014, the Planning Commission held a public hearing to consider the proposed
amendments and voted 5-0 (Siekmann absent) to recommend approval to the City Council. The
following table lists the decision-making authority for each of the city-initiated applications.
Project Planning Commission City Council
GPA 14-01 RA X
ZCA 14-01 RA X
PDP 00-02(F) RA X
SP 144(0) RA X
RA = Recommended approval
X = Final city decision-making authority
Only one person, a representative from North County Advocates (Dave Voss), spoke at the public
hearing. Although he applauded the City for taking steps toward demolition of the Encina Power
Station, he criticized the "peaker-plant" technology that would be used for the Amended CECP and
stated that there were more efficient ways to generate electrical energy. A full disclosure of the
testimony, including the Planning Commission's discussion and staff responses, is included in the
attached minutes. A complete description and staff analysis of the project is included in the Report to
the Planning Commission dated April 16, 2014 (Exhibit 7).
FISCAL IMPACT:
Processing the proposed amendments has involved normal costs associated with staff time, public
noticing, and hearing.
ENVIRONMENTAL IMPACT:
The City Planner has determined that the proposed amendments are exempt from the provisions of
CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Furthermore, Municipal Code Section 1919.04.070 A.l.c.(l) identifies minor zone or
municipal code amendments that refine or clarify existing land use standards as being exempt from
CEQA. A Notice of Exemption will be filed by the City Planner upon approval of the project.
EXHIBITS:
CS-253
CS-254
GS-255
2014-096
(ZCA 14-01)
(PDP 00-02(F))
(SP 144 (0))
(GPA 14-01)
1. City Council Ordinance No..
2. City Council Ordinance No.
3. City Council Ordinance No..
4. City Council Resolution No.,
5. Location Map
6. Planning Commission Resolutions No. 7039, 7040, 7041 and 7042
7. Planning Commission Staff Report, dated April 16, 2014
8. Draft Excerpts of Planning Commission Minutes, dated April 16, 2014
9. Strikeout/Underline version of Precise Development Plan PDP 00-02(F).
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EXHIBIT 1
ORDINANCE NO. CS-253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING ORDINANCE CS-158 AND REVOKING AN
AMENDMENT TO ZONING ORDINANCE CHAPTER 21.36, PUBLIC
UTILITY ZONE, AND SPECIFICALLY TO TABLE "A" OF SECTION
21.36.020, PERMITTED USES, REGARDING GENERATION AND
TRANSMISSION OF ELECTRICAL ENERGY.
CASE NAME: CECP AMENDMENT
CASE NO.: ZCA 14-01
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request to repeal Ordinance CS-158 and revoke Zone Code Amendment ZCA 11-05;
and
WHEREAS, the City Council did on the 20th day of May 2014 hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors
relating to ZCA 14-01- CECP AMENDMENT; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said ZCA 14-01 be approved as
shown on Exhibit ZCA 14-01, dated April 16,2014.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That Ordinance CS-158 is repealed and ZCA 11-05 is revoked.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7040 shall also constitute the findings and conditions ofthe
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text ofthe ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City ofCarlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 20th dav of Mav 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
Exhibit ZCA 14-01
April 16, 2014
ZCA 14-01 - CECP Amendment
Revisions to Zoning Ordinance Chapter 21.36
P-U Public Utility Zone.
(Note: Proposed text additions are shown as bold and underlined.
Proposed text deletions are shown as stricken. The changes that are
shown affect only those uses shown below. All other uses in table A are
unchanged by this amendment.)
21.36.020 Permitted Uses
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. (See note 1 below)
"CUP" indicates use is permitted with approval of a conditional use permit. (See note 1
below)
1 = Minor Conditional Use Permit (Process One), pursuant to Chapter 21.42 of this title.
2 = Minor Conditional Use Permit (Process Two), pursuant to Chapter 21.42 of this title.
3 = Minor Conditional Use Permit (Process Three), pursuant to Chapter 21.42 of this title.
"ACQ" indicates use is permitted as an accessory use.
Use CUP Acc
Generation and transmission 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.
Gonoration of oloctrical onorgy, accossory, by a govornmont entity or by a
company authorized or approved for such use by the California Public Utilities
Commission in or outside the Coastal Zone and limited to a generating capacity X
of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is
prohibited in the Coastal Zone-
Transmission of electrical energy if conducted by a government entity or by a
company authorized or approved for such use by the California Public Trades
Commission
EXHIBIT 2
ORDINANCE NO. CS-254
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE
ENCINA POWER STATION PRECISE DEVELOPMENT PLAN PDP 00-
4 I I 02(F) LOCATED AT 4600 CARLSBAD BOULEVARD, ALONG THE
SOUTH SHORE OF THE AGUA HEDIONDA LAGOON AND WEST
5 I I OF INTERSTATE 5 AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONES 1 AND 3.
6 II CASE NAME: CECP AMENDMENT
CASE NO.: PDP 00-02(F)
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WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a request, consistent with Chapter 21.36 of the Municipal Code, to approve
amendment "(F)" to the Encina Power Station Precise Development Plan, PDP 00-02; and
WHEREAS, the City Council did on the 20th day of May 2014 hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors
relating to PDP 00-02(F) - CECP AMENDMENT; and
WHEREAS, after procedures in accordance with the requirements of law, the City
I Council has determined that the public interest indicates that PDP 00-02(F) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That PDP 00-02(F), dated April 16, 2014, on file in the Planning
Department, and incorporated herein by reference, is approved. PDP 00-02(F) shall constitute the
I development plan for the property and all development within the plan area shall conform
substantially to the plan.
SECTION II: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 7041 shall also constitute the findings and conditions ofthe
I City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certif/ the adoption of this ordinance and cause the full text ofthe ordinance or a
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summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City ofCarlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 20th day of May 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 3
ORDINANCE NO. CS-255
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING THE ENCINA SPECIFIC PLAN
SP 144, LOCATED BETWEEN THE PACIFIC OCEAN AND CANNON
ROAD, AND ENCOMPASSING THE AGUA HEDIONDA LAGOON,
ENCINA POWER STATION, CARLSBAD SEAWATER DESALINATION
PLANT, AGRICULTURAL LANDS AND PROPERTIES WITHIN LOCAL
FACILITIES MANAGEMENT ZONES 1, 3, AND 13.
CASE NAME: CECP AMENDMENT
CASE NO.: SP 144(0) . :
WHEREAS, the Encina Specific Plan SP 144 was originally adopted by the City
Council as Ordinance No. 9279 on August 3,1971, and has since been amended numerous times;
and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a
request to approve Specific Plan Amendment (SP 144 (0)) to repeal the Encina Specific Plan; and
WHEREAS, the City Council did on the 20th day of May 2014 hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said SP 144(0) be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That SP 144 - Encina Specific Plan is repealed in its entirety.
SECTION II: That the findings of the Planning Commission in Planning Commission
Resolution No. 7042 shall constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause the full text ofthe ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City ofCarlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on
the 20th day of May 2014, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 4
RESOLUTION NO. 2014-096
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, ADOPTING AN AMENDMENT TO THE GENERAL PLAN
LAND USE ELEMENT TO CHANGE THE PUBUC UTILITIES LAND USE
DESIGNATION REGARDING GENERATION OF ELECTRICAL ENERGY.
CASE NAME: CECP AMENDMENT
5 CASE NO.: GPA 14-01
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on April 16, 2014, hold a duly noticed public hearing as prescribed by law to
consider General Plan Amendment 14-01, according to "Exhibit X-GPA 14-01" attached to
6 The City Council ofthe City of Carlsbad, California, does hereby resolve as follows
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11 Planning Commission Resolution No. 7039 dated April 16, 2014; and
12 WHEREAS, the City Council ofthe City of Carlsbad, on the 20th day of May
^ ^ 2014, held a duly noticed public hearing to consider said General Plan Amendment; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
That the above recitations are true and correct.
19 Carlsbad as follows:
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2. That the recommendation of the Planning Commission for the approval of
22 General Plan Amendment GPA 14-01 is adopted and approved, and that the findings of the
Planning Commission contained in Planning Commission Resolution No. 7039 on file with the City
23 Clerk and incorporated herein by reference are the findings ofthe City Council.
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3. This action is final the date this resolution is adopted by the City Council
25 The Provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Umits for Judicial Review"
shall apply
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1 "NOTICE TO APPLICANT"
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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
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
4 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
5 for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
preparation of such record, the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the record is either personally
7 delivered or mailed to the party, or his attorney of record, if he has one. A written request for
the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City ofCarlsbad,
8 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council ofthe City
of Carlsbad on the 20th day of May 2014, by the following vote to wit:
AYES:
NOES:
Council Members Packard, Wood, Schumacher, Blackburn.
Council Member Hall.
ABSENT: None.
MARK P'XCKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, Cif^Clerk
EXHIBIT 5
: vj^AC I.F LC- '
Legend
Specific Plan 144 Boundary
Precise Development Planning Area
SITE MAP e
NOT TO SCALE
CECP Amendment
GPA 14-01 / ZCA 14-01 / PDP 00-02(F) / SP 144(0)
EXHIBIT 6
1 PLANNING COMMISSION RESOLUTION NO. 7039
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CAUFORNIA, RECOMMENDING APPROVAL OF AN
3 AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TO CHANGE
THE PUBLIC UTIUTIES LAND USE DESIGNATION REGARDING
4 GENERATION OF ELECTRICAL ENERGY.
CASE NAME: CECP AMENDMENT
5 CASE NO.: GPA 14-01
^ WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
^ authorized the Mayor to execute an agreement (Agreement) between the City of Carlsbad (City), the
Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC
(Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
change in the proposed technology of the approved Carlsbad Energy Center Project (CECP) Plant and
the submittal of a Petition to Amend (PTA) application to the California Energy Commission (CEC) for
approval of this technology change, conditioned upon the decommissioning, demolition, removal and
remediation of the current Encina Power Station (EPS) site, as well as other infrastructure and
property considerations beneficial to the residents of Carlsbad; and
j^g WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
17 legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
18 the changed circumstances, reduced environmental profile and significant community benefits
19 associated with the project amendment; and
20 WHEREAS, in response to City Council Resolution 2014-010, the City Planner has filed a
verified application for an amendment to the General Plan, GPA 14-01, to amend the Land Use
Element, and specifically the land use classification "Public Utilities"; and
WHEREAS, said verified application constitutes a request for a General Plan Amendment
as shown on Exhibit "X - GPA 14-01" dated April 16, 2014, attached hereto and on file in the Carlsbad
Planning Division, CECP Amendment - GPA 14-01, as provided in Government Code Section 65350 et.
seq. and Section 21.52.150 ofthe Carlsbad Municipal Code; and
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1 WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
2 hearing as prescribed by law to consider said request; and
^ WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public heanng, the Commission
^0 RECOMMENDS APPROVAL of CECP Amendment - GPA 14-01, based on the following
findings:
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Findings:
1. GPA 14-14-01 responds to City Council Resolution 2014-010 and is consistent with the concerns
and intent and the public health, safety and welfare objectives of in that:
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a. The Public Utilities (U) General Plan land use designation will be amended to specify
15 that a primary function of the U designation "...may include the generation of
electrical energy by fossil fuel only if it is the subject of and consistent with the
16 Agreement between and among the City of Carisbad (City) and the Carlsbad Municipal
Water District (CMWD), Cabrillo Power I LLC and Carisbad Energy Center LLC, and San
17 Diego Gas and Electric and approved by the City and CMWD on January 14, 2014."
IS b. In accordance with the Agreement, the decommissioning, demolition and removal of
the EPS by a specific date, removal of all NRG facilities located west of the railroad,
and remediation of the current EPS site, as well as other infrastructure and property
considerations, will be beneficial to the residents of Carisbad and provide an
opportunity for future redevelopment of the site.
GPA 14-14-01 is consistent with the overall Land Use Element Goals A.1 and A.2, which state:
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A.1 A City which preserves and enhances the environment, character and
23 image of itself as a desirable residential, beach and open space oriented
community; and
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A.2 A City which provides for an orderiy balance of both public and private
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community and ensures that all such uses, type, amount, design and
2^ arrangement serve to protect and enhance the environment, character and
image of the City.
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PC RESO NO. 7039 -2-
1 GPA 14-01 is consistent with these goals because, in accordance with the Agreement, the
Amended CECP will have less impact on the environment by utilizing current "peaker-plant"
2 technology that 1) significantly reduces or eliminates the use of ocean water for cooling, 2)
significantly reduces its hours of operation, noise, air pollutant and greenhouse gas emissions;
^ and 3) will have a reduced visual profile by being constructed away from the coastline and
partially below grade. Additionally, the decommissioning, demolition and removal of the EPS
by a specific date, removal of all NRG facilities located west of the railroad, and remediation
of the current EPS site will allow for future redevelopment of the EPS site, which could include
the adjacent SDG&E North Coast Service Center, with visitor-serving commercial and open
5 space uses to provide residents and visitors enhanced opportunities for coastal access and
services, reflecting the California Coastal Act's goal of "maximizing public access to the coast."
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3. GPA 14-01 is consistent with the Land Use Element's Special Planning Considerations -
8 Regional Issues goal, in that it recognizes the City's role as a participant in regional planning by
continuing to allow facilities that may generate electrical energy, for the city's and the
9 region's benefit, as a permitted primary use.
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4. The City Planner has determined the project is exempt from the California Environmental
Quality Act (CEQA) because it will not have a significant effect on the environment. This
determination is pursuant to State CEQA Guidelines Section 15061(b) (3) and Municipal Code
Section 19.04.070 A.l.c.(l). CEQA Guidelines Section 15061(b) (3) states "when it can be seen
with certainty that there is no possibility that the activity in question may have a significant
13 effect on the environment, the activity is not subject to CEQA." Furthermore, Municipal Code
Section 1919.04.070 A.l.c.(l) identifies minor zone or municipal code amendments that refine
14 or clarify existing land use standards, which the project does, as being exempt from CEQA
because they also are not considered to have a significant environmental effect.
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NEIL BLACK, Chairperson
24 CARLSBAD PLANNING COMMISSION
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
the City of Carisbad, California, held on April 16, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
Segall
NOES:
ABSENT:
ABSTAIN:
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DON NEU
City Planner
PC RESO NO. 7039
Exhibit X-GPA 14-01
April 16, 2014
GPA 14-01 - CECP Amendment
Revision to General Plan Land Use Element
{Note: Proposed text additions are shown as bold and underlined.
Proposed text deletions are shown as stricken.)
C. LAND USE CLASSIFICATIONS
6. PUBUC UTILITIES (U)
This category of land use designates areas, both existing and proposed, either being used or
which may be considered for use for primary public or quasi-public functions designed to serve
all or a substantial portion of the community.
Primary functions may include such uses as the treatment of waste water, public agency
maintenance storage and operating facilities, generation of electrical energy or other primary
utility functions designed to sorvo all or a substantial portion of tho community. A primary
function designed to sorvo all or a substantial portion of the community may alse-include the
generation of electrical energy by fossil fuel only if it is the subject of and consistent with the
Agreement between and among the City of Carisbad (Citv) and the Carlsbad Municipal Water
District (CMWD). Cabrillo Power I LLC and Carisbad Energy Center LLC, and San Diego Gas and
Electric and approved by the City and CMWD on January 14. 2014. if it is located outsido the
Coastal Zone but only if it is conducted by a govornmont entity or by a company and such use is
authorized or approved by tho California Public Utilities Commission.
Sites identified with a "U" designation indicate that the City is studying or may in the future
evaluate the location of a utility facility which could be located within a one kilometer radius of
the designations on a site for such a facility. Specific siting for such facilities shall be
accomplished only by a change of zone, and an approved Precise Development Plan adopted by
ordinance and approved only after fully noticed public hearings.
1 PLANNING COMMISSION RESOLUTION NO. 7040
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
3 REPEAL ORDINANCE CS-158 AND REVOKE AN AMENDMENT TO ZONING
ORDINANCE (ZCA 11-05) CHAPTER 21.36, PUBLIC UTILITY ZONE, AND
4 SPECIFICALLY TO TABLE "A" OF SECTION 21.36.020, PERMITTED USES,
REGARDING GENERATION AND TRANSMISSION OF ELECTRICAL ENERGY.
5 CASE NAME: CECP AMENDMENT
CASE NO.: ZCA 14-01
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8
WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
authorized the Mayor to execute an agreement (Agreement) between the City of Carlsbad (City), the
9 Carisbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC
10 (Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
11 change in the proposed technology of the approved Carlsbad Energy Center Project (CECP) Plant and
12 the submittal of a Petition to Amend (PTA) application to the California Energy Commission (CEC) for
approval of this technology change, conditioned upon the decommissioning, demolition, removal and
remediation of the current Encina Power Station (EPS) site, as well as other infrastructure and
property considerations beneficial to the residents of Carlsbad; and
WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
the changed circumstances, reduced environmental profile and significant community benefits
associated with the project amendment; and
WHEREAS, in response to City Council Resolution 2014-010, the City Planner
recommends the repeal of City Council Ordinance CS-158, which adopted the changes approved by
23 ZCA 11-05, and the revocation of ZCA 11-05, which amended Zoning Ordinance Chapter 21.36, Public
24 Utility Zone, and specifically Table "A" of Section 21.36.020, Permitted Uses, regarding generation and
25 transmission of electrical energy; and
26 WHEREAS, the City Planner has prepared a proposed Zone Code Amendment and
27 related ordinance pursuant to Section 21.52.020 of the Carisbad Municipal Code to repeal Ordinance
CS-158 and revoke ZCA 11-05; and
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1 WHEREAS, Ordinance CS-158, although adopted on October 11, 2011, is not effective
2 as it has not been approved by the California Coastal Commission; and
^ WHEREAS, ZCA 14-01 affects all Public Utility (P-U) zoned properties, including those
inside and outside the city's Coastal Zone; and
WHEREAS, the CECP Amendment - ZCA 14-01 is set forth and attached in the draft City
Council Ordinance marked "Exhibit X" and dated April 16, 2014; and
WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, examining ZCA 14-01, analyzing the information submitted by City staff, and considering any
written and oral comments received, the Planning Commission considered all factors relating to
ZCA 14-01.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
15 Carisbad as follows:
16 A) That the foregoing recitations are true and correct.
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I'' B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CECP AMENDMENT- ZCA 14-01, based on the following
findings:
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Findings:
ZCA 14-01 is consistent with the General Plan in that it:
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1. ZCA 14-01 amends the Public Utilities Zone by revoking ZCA 11-05 and in doing so, enables the
21 amended Carlsbad Energy Center Project to be found consistent with the City's Zoning
Ordinance.
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23 „
Supports GPA 14-01 in that it permits the generation of electrical energy. GPA 14-01
24 amends the General Plan Land Use Element description of the Public Utilities land use
designation to identify electrical energy generation as a primary use and to specifically
2^ allow the generation of electrical energy by fossil fuel (such as natural gas) only if it is
the subject of and consistent with the Agreement between and among the City of
Carlsbad (City) and the Carlsbad Municipal Water District (CMWD), Cabrillo Power I
LLC and Carisbad Energy Center LLC, and San Diego Gas and Electric and approved by
the City and CMWD on January 14, 2014.
PC RESO NO. 7040
1 b. Recognizes the City's role as a participant in regional planning, consistent with the
Land Use Element's Special Planning Considerations-Regional Issues goal, by
2 continuing to allow facilities that may generate electrical energy for the city's and the
region's benefit as a permitted, primary use.
3. ZCA 14-01 reflects sound principles of good planning in that it supports City Council Resolution
2014-010, is consistent with the General Plan, as amended by GPA 14-01, and simply restores
text in Section 21.36.020 of the Carisbad Municipal Code - Public Utility (P-U) which allows the
"generation and transmission of electrical energy", which was in effect prior to the approval
5 of ZCA 11-05 and adoption of Ordinance CS-158.
7 4. ZCA 14-01 is consistent with the Local Coastal Program in that the Local Coastal Program
Amendment (LCPA 11-06) associated with ZCA 11-05 has not been approved by the
8 California Coastal Commission (CCC). Therefore, because ZCA 11-05 is not in effect in
the Coastal Zone, revocation of ZCA 11-05 and repeal of Ordinance CS-158 would have
9 no impact on the Local Coastal Program. The approval of ZCA 14-01 would not be subject
to CCC approval as it simply restores prior text regarding the generation and
10 transmission of electrical energy that was previously approved by the CCC.
11
12
ZCA 14-01 is consistent with the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project (SCCRP) in that it permits the generation and transmission of
electrical energy, which the SCCRP, in Section VI (600), identifies as uses that may be
13 permitted in the SCCRP Project Area upon the satisfaction of certain criteria.
14 5. The City Planner has determined the project is exempt from the California Environmental
Quality Act (CEQA) because it will not have a significant effect on the environment. This
15 determination is pursuant to State CEQA Guidelines Section 15061(b) (3) and Municipal Code
Section 19.04.070 A.l.c.{l). CEQA Guidelines Section 15061(b) (3) states "when it can be seen
16 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, Municipal Code
17 Section 1919.04.070 A.l.c.(l) identifies minor zone or municipal code amendments that refine
or clarify existing land use standards, which the project does, as being exempt from CEQA
because they also are not considered to have a significant environmental effect.
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PC RESO NO. 7040 -3-
1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
2 the City of Carisbad, California, held on April 16, 2014, by the following vote, to wit:
^ AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
Segall
4
5 NOES:
g ABSENT:
7 ABSTAIN:
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13
NEIL BLACK, Chairperson
^° CARLSBAD PLANNING COMMISSION
ATTEST:
14 DON NEU
City Planner
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1 PLANNING COMMISSION RESOLUTION NO. 7041
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CAUFORNIA, RECOMMENDING THAT THE CITY COUNCIL
3 APPROVE AN AMENDMENT TO THE ENCINA POWER STATION PRECISE
DEVELOPMENT PLAN PDP 00-02(F) LOCATED AT 4600 CARLSBAD
4 BOULEVARD, ALONG THE SOUTH SHORE OF THE AGUA HEDIONDA
LAGOON AND WEST OF INTERSTATE 5 AND WITHIN LOCAL FACILITIES
5 MANAGEMENT ZONES 1 AND 3.
CASE NAME: CECP AMENDMENT
6 CASE NO.: PDP 00-02(F)
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15
WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
authorized the Mayor to execute an agreement (Agreement) between the City of Carlsbad (City), the
Carisbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carisbad Energy Center LLC
(Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
change in the proposed technology of the approved Carlsbad Energy Center Project (CECP) Plant and
the submittal of a Petition to Amend (PTA) application to the California Energy Commission (CEC) for
approval of this technology change, conditioned upon the decommissioning, demolition, removal and
remediation of the current Encina Power Station (EPS) site, as well as other infrastructure and
Ig property considerations beneficial to the residents of Carlsbad; and
17 WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
18 legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
19 the changed circumstances, reduced environmental profile and significant community benefits
20 associated with the project amendment; and
21 WHEREAS, in response to City Council Resolution 2014-010, the City Planner
22
recommends amending the Encina Power Station Precise Development Plan, PDP 00-02(E); and
23
WHEREAS, the City of Carisbad has filed a verified application for property described as:
24
That portion of Lot "H" of Rancho Agua Hedionda in the City of
25 Carisbad, County of San Diego, State of California, according to
partition map thereof No. 823, filed in the Office of the County
26 Recorder of San Diego County, November 16, 1896, as described in
Certificate of Compliance recorded October 30, 2001, as Document No.
27 2001-0789068, Parcel 4 (Assessor's Parcel Numbers 210-010-46)
28 ("the Property"); and
1 WHEREAS, said verified application constitutes a request for an amendment to Precise
2 Development Plan PDP 00-02 - CECP Amendment - PDP 00-02(F); and
^ WHEREAS, Precise Development Plan PDP 00-02, provides land use information,
procedures and standards for the Encina Power Station, consistent with the Public Utility Zone as
found in Municipal Code Chapter 21.36; and
WHEREAS, the City Planner has prepared a proposed Precise Development Plan
Amendment and related ordinance pursuant to Section 21.36.040 and Section 21.52.020 ofthe Carlsbad
Municipal Code; and
WHEREAS, the proposed CECP Amendment - PDP 00-02(F) is set forth and attached in
the draft City Council Ordinance and in the revised Encina Power Station Precise Development Plan,
both marked "Exhibit X" and dated April 16, 2014; and
13 WHEREAS, changes to the attached PDP 00-02(F) document are shown in underiine for
14 added text and strikeout for deleted text; and
15 WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
16 hearing as prescribed by law to consider said request; and
17 WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Precise Development Plan amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carisbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
24 RECOMMENDS APPROVAL of CECP AMENDMENT- PDP 00-02(F), based on the
following findings: 25
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Findings:
1. The amendment to the Encina Power Station Precise Development Plan, PDP 00-02(F), responds
to and is consistent with the concerns and intent of the Agreement in that PDP 00-02(F):
PC RESO NO. 7041 -2-
1 a. Incorporates the future Amended CECP into PDP 00-02(F) and specifically allows the
generation of electrical energy by fossil fuel (such as natural gas) only if it:
2
(1) is built and operated using "peaker configuration" technology that is
^ environmentally friendly and has a low profile;
(2) is subject to a cap limiting the amount of power generation facilities allowed on
site and the hours of operation;
(3) includes the decommissioning, demolition and removal of the EPS by a specific
date, removal of all NRG facilities located west of the railroad, and remediation of
g the current Encina Power Station site, as well as other infrastructure and property
considerations beneficial to the residents of Carisbad; and
7 (4) is the subject of and consistent with the Agreement.
8 b. Deletes much of the text added by PDP 00-02(E) that among other things, prohibits
the generation of 50 megawatts or more of electrical energy in the Coastal Zone and
9 makes clear that the expansion of the current Encina Power Station or addition of a
new power facility (unless consistent with Zoning Ordinance limitations) would not be
10 consistent with the General Plan.
21
PDP 00-02(F) is consistent with the General Plan in that: 11
12
Properties within the General Plan Public Utilities ("U") land use designation,
j^3 which is the designation for the properties within the PDP area, require approval of a Precise Development Plan (PDP) adopted by ordinance.
14
In accordance with the General Plan (as amended by GPA 14-01) PDP 00-02(F) permits
15 the generation of electrical energy and specifically allows the generation of electrical
energy by fossil fuel (such as natural gas) only if it is the subject of and consistent with
16 the Agreement.
17 3. PDP 00-02(F) is consistent with the Zoning Ordinance in that it maintains the Encina Power
Station Precise Development Plan provisions, including development standards, permitting
18 procedures, permitted utility and other uses, and identification of applicable regulating land
use documents so that PDP 00-02(F) stays consistent with the intent and purpose of the Public
19 Utility Zone as expressed in Carisbad Municipal Code Section 21.36.010.
20 4 PDP 00-02(F) is consistent with the repeal of the Encina Specific Plan - SP 144 (SP-144(0)) in
that it deletes the requirement for development within the PDP area to be consistent with the
Encina Specific Plan, deletes the requirement to amend or comprehensively update SP 144 in
22 association with a formal update to the PDP, and eliminates references to SP 144.
23 5. PDP 00-02(F) is consistent with the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Project (SCCRP) in that:
24
a. The future construction of the Amended CECP and the decommissioning, demolition
25 and removal of the EPS by a specific date, removal of all NRG facilities located west of
the railroad, and remediation ofthe site supports the Redevelopment Goal of Section
26 IV (400) of the SCCRP to facilitate "the redevelopment of the Encina power generating
facility to a smaller, more efficient power generating plant."
27
28
PC RESO NO. 7041 -3-
5
1 b. Section VI (600) of the SCCRP, permits the generation and transmission of electrical
energy and identifies uses that may be permitted in the SCCRP Project Area upon the
2 satisfaction of certain criteria, including approval of a Precise Development Plan.
3 6. PDP 00-02(F) would not be detrimental to the public interest, health, safety, convenience, or
welfare of the City in that according to the Agreement, the decommissioning, demolition and
^ removal of the EPS by a specific date, removal of all NRG facilities located west of the railroad,
and remediation of the current EPS site, as well as other infrastructure and property
considerations, will be beneficial to the residents of Carisbad and provide an opportunity for
g future redevelopment of the site.
1 7. PDP 00-02(F) identifies that environmental review for future construction of the amended
CECP, demolition of the EPS, and remediation of the site will be required in accordance with
8 CEQA.
9 8. The City Planner has determined the project is exempt from the California Environmental
Quality Act (CEQA) because it will not have a significant effect on the environment. This
10 determination is pursuant to State CEQA Guidelines Section 15061(b) (3) and Municipal Code
Section 19.04.070 A.l.c.(l). CEQA Guidelines Section 15061(b) (3) states "when it can be seen
11 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, Municipal Code
12 Section 1919.04.070 A.l.c.(l) identifies minor zone or municipal code amendments that refine
or clarify existing land use standards, which the project does, as being exempt from CEQA
because they also are not considered to have a significant environmental effect. 13
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
the City of Carisbad, California, held on April 16, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
17 Segall
18 NOES:
19 ABSENT:
ABSTAIN:
22 / i^^'-^^ ^
NEIL BLACK, Chairperson
23 CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7041
1
PLANNING COMMISSION RESOLUTION NO. 7042
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
3 CARLSBAD, CAUFORNIA, RECOMMENDING THAT THE CITY COUNCIL
REPEAL THE ENCINA SPECIFIC PLAN SP 144, LOCATED PRIMARILY
4 BETWEEN THE PACIFIC OCEAN AND CANNON ROAD, AND
ENCOMPASSING THE AGUA HEDIONDA LAGOON, ENCINA POWER
STATION, CARLSBAD SEAWATER DESALINATION PLANT, AGRICULTURAL
LANDS AND PROPERTIES WITHIN LOCAL FACILITIES MANAGEMENT
6 ZONES 1, 3, AND 13.
CASE NAME: CECP AMENDMENT
CASE NO.: SP 144(0)
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WHEREAS, on January 14, 2014, the City Council approved Resolution 2014-010, which
authorized the Mayor to execute an agreement (Agreement) between the City of Carisbad (City), the
Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carisbad Energy Center LLC
(Collectively NRG), and San Diego Gas & Electric (SDG&E) addressing City and CMWD support for a
change in the proposed technology of the approved Carisbad Energy Center Project (CECP) Plant and
the submittal of a Petition to Amend (PTA) application to the California Energy Commission (CEC) for
approval of this technology change, conditioned upon the decommissioning, demolition, removal and
remediation of the current Encina Power Station (EPS) site, as well as other infrastructure and
property considerations beneficial to the residents of Carlsbad; and
WHEREAS, City Council Resolution 2014-010 directs staff to review the City's prior
19 legislative actions concerning the CECP and recommend changes, if any, as may be needed to reflect
20 the changed circumstances, reduced environmental profile and significant community benefits
21 associated with the project amendment; and
22 WHEREAS, in response to City Council Resolution 2014-010, the City Planner
23 recommends the repeal of the Encina Specific Plan - SP 144 including amendments A-N (collectively
24 referred to as SP 144); and
25 WHEREAS, the City of Carlsbad has filed a verified application for property described as:
26
27
A portion of Lot F of Rancho Agua Hedionda in the County of San Diego
and a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of
Carisbad, and a portion of Block "W" of Palisades No. 2, Map 1803 in
2g the City of Carisbad, County of San Diego, State of California; also
being Assessor Parcel Numbers 206-070-16 and -17; 210-010-24, -40, - r^-'
1
42, -44, -45 and -46; and 211-010-05, -24, -30 and -31 of the Assessor's
2 map of San Diego County
3 ("the Property"); and
4 WHEREAS, said verified application constitutes a request for a Specific Plan amendment,
5 on file in the Carisbad Planning Division, CECP AMENDMENT-SP 144(0) as provided by Government
6 Code Section 65453; and
WHEREAS, the proposed CECP AMENDMENT- SP 144(0) is set forth and attached in the
draft City Council Ordinance marked Exhibit "X" dated, April 16, 2014, attached hereto; and
WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Specific Plan amendment; and
WHEREAS, a Specific Plan was not required when the EPS was constructed in the
1950s; and
WHEREAS, the Encina Specific Plan SP 144, originally adopted by the City Council as
Ordinance No. 9279 on August 3, 1971, placed 13 conditions of development on the property and
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19 provided methods of enforcement for the EPS; and
20 WHEREAS, the Encina Specific Plan SP 144 has since been amended numerous times,
21 including:
22 a. On December 4, 1973 and May 4, 1976, SP 144(A) and (B), respectively,
23 allowed for the construction of the 400' stack; and
24 b. On May 3, 1977, SP 144(C) approved the water treatment and maintenance
25 building at the EPS site; and
c. Between 1978 and 1993, amendments SP 144(D), (E), and (F) were applied for
and withdrawn; and
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PC RESO NO. 7042 -2-f6
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d. On January 16,1996, SP 144(G) removed 24.2 acres of land from the Specific
Plan area; and
e. On June 13, 2006, SP 144(H) incorporated a Precise Development Plan
(PDP 00-02) for the Carisbad Seawater Desalination Project (CSDP) and the existing EPS; and
f. In 2007, SP 144(1) was submitted by the Carisbad Energy Center as part of its
proposal for power generation onsite and which is still pending; and
g. On September 22, 2009, SP 144(J) was approved to incorporate PDP-00-02(B)
for modifications to the CSDP; and
h. On May 24, 2011, SP 144(K) was approved to revise text and graphics in order
11 to identify lands that are subject to the Cannon Road-Agricultural/Open Space (CR-A/OS) zone and
12 incorporate the provisions of the CR-A/OS zone; and
13 i. On March 18, 2011, SP 144(M) was applied for and withdrawn; and
14 j. On September 11, 2011, together with other land use and zone code
15 amendments regarding the generation of electrical energy, SP 144(N) was approved to modify the
provisions of the Specific Plan and to clarify that the EPS is not consistent with the General Plan and
Zoning Ordinance; and
k. On December 6, 2011, SP 144(L) was approved for expansion and upgrade to
the Agua Hedionda Sewer Lift Station (SLS) and Trunk Line.
WHEREAS, the Precise Development Plan is the appropriate regulatory document for
the CSDP, the SLS the existing EPS, and the Amended CECP; and
WHEREAS, outside of the PDP area, there are there are no further infrastructure plans
proposed to support any development of any existing undeveloped land or open space areas within
the boundaries of the Specific Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carisbad as follows:
PC RESO NO. 7042 -3-7^
1 B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of CECP AMENDMENT-SP 144(0) based on the following
findings:
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Findings:
1. Repeal of the Encina Specific Plan SP 144 is consistent with the provisions of the General Plan in
5 that the properties within the boundaries of SP 144 have land use designations of Public
Utilities (U), Open Space/Travel Recreation (OS/TR), Residential High Density/Open Space
6 (RH/OS), Open Space (OS) and Travel Recreation (TR). These properties can be adequately
regulated though existing approvals and/or existing or future land use plans as follows:
The General Plan requires approval of a Precise Development Plan (PDP) adopted by
ordinance for properties that have a U land use designation.
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8
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Property owned by Cabrillo I LLC that has a U land use designation and on which is
IQ or will be located the EPS, CSDP, SLS, Amended CECP, and SDG&E Switch Yard are
regulated by PDP 00-02 to the extent those or other uses are not regulated by the
11 California Public Utilities Commission, California Energy Commission, or other
agency. All of the conditions of approval required by SP 144 that apply to this
12 property have either been satisfied, are included in PDP 00-02, or have been made
no longer necessary by approval of the Agreement.
13
ii. Properties owned by SDG&E that have a U land use designation (SDG&E
14 maintenance yard and adjacent Encina Substation) would require approval of a
PDP prior to development. There are no unique development standards or
15 outstanding conditions of approval within SP 144 that apply to these properties.
^6 b The General Plan requires approval of a Site Development Plan for properties with a
Combination District (OS/TR and RH/OS) containing an area of less than 25 acres
(small, vacant property on the north shore of the lagoon by Garfield Street) and a
Specific Plan for properties containing 25 acres or more (50-acre vacant parcel at
Cannon Road and Interstate 5). There are no unique development standards or
outstanding conditions of approval within SP 144 that apply to these properties.
20 c. The Hubbs-Seaworid Research Institute has an OS land use designation and the use
and development has been approved by a Conditional Use Permit (CUP 92-10). There
21 are no unique development standards or conditions of approval within SP 144 that
apply to this property.
22
The Agua Hedionda Lagoon, properties located east and west of Carlsbad Boulevard,
23 Cannon Park, and habitat preserve property located east of Grand Pacific Drive and
south of Cannon Road all have an OS land use designation. There are no unique
24 development standards or outstanding conditions of approval within SP 144 that
apply to these properties.
25
e. The remaining properties within SP 144 with an OS land use designation are within the
Cannon Road Open Space, Farming and Public Use Corridor and are limited to
agriculture and open space uses consistent with Proposition D. There are no unique
development standards or outstanding conditions of approval within SP 144 that
2g apply to these properties
PC RESO NO. 7042
1
f. Except for a portion of the lagoon, all properties within SP 144 are within the
2 Commercial/Visitor Overlay Zone.
3 g. The South Carlsbad Coastal Redevelopment Plan regulates several properties within
SP 144, including all properties with a U designation, a portion of the lagoon, and the
4 50-acre vacant parcel at Cannon Road and Interstate 5.
5 2. All of the properties within the boundaries of SP 144 are within the California Coastal
Commission (CCC) permit jurisdiction and are subject to the Agua Hedionda Land Use Plan
6 (AHLUP). Any development proposed within the AHLUP must be consistent with coastal
polices, the requirements of the AHLUP, and must receive approval of a Coastal Development
7 Permit by the CCC.
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8 3. The repeal of Specific Plan 144 supports City Council Resolution 2014-010, and would not be
detrimental to the public interest, health, safety, convenience, or welfare of the City in that
according to the Agreement, the decommissioning, demolition and removal of the EPS by a
specific date, removal of all NRG facilities located west of the railroad, and remediation of the
current EPS site, as well as other infrastructure and property considerations will be beneficial
to the residents of Carisbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
13 the City of CaHsbad, California, held on April 16,2014, by the following vote, to wit:
14 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, and
Segall
NOES:
ABSENT:
ABSTAIN:
15
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17
18
19
20
21
NEIL BLACK, Chairperson
22 CARLSBAD PLANNING COMMISSION
ATTEST:
23
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25
DON NEU
26 City Planner
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PC RESO NO. 7042 -5-
EXHIBIT 7 The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: April 16, 2014
Application complete date: N/A
Project Planner: Barbara Kennedy
Project Engineer: N/A
SUBJECT: GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT - Request for
recommendations of approval to adopt (1) a General Plan Amendment to modify the
description of the Public Utilities (U) land use designation to support the amended
Carlsbad Energy Center Project (CECP); (2) a Zone Code Amendment to the Public Utility
(P-U) Zone to repeal Ordinance CS-158 and revoke ZCA 11-05; (3) an amendment to the
Encina Power Station Precise Development Plan as necessary to be consistent with the
General Plan and Zoning Ordinance; and (4) a Specific Plan amendment to repeal the
Encina Specific Plan. The City Planner has determined the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section
15061(b)(3) and Carlsbad Municipal Code Section 19.04.070 A.l.c.(l).
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 7039, 7040, 7041 and 7042
RECOMMENDING APPROVAL of a General Plan Amendment (GPA 14-01), Zone Code Amendment
(ZCA 14-01), Precise Development Plan Amendment (PDP 00-02(F)), and Specific Plan Amendment
(SP 144(0)) subject to the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On January 14, 2014, the City Council approved Resolution 2014-010, which authorized the Mayor to
execute an agreement (Agreement) between the City of Carisbad (City), the Carlsbad Municipal Water
District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC (Collectively NRG), and San Diego
Gas & Electric (SDG&E) addressing City and CMWD support for a change in the proposed technology of
the approved Carisbad Energy Center Project (CECP) Plant and the submittal of a Petition to Amend
(PTA) application to the California Energy Commission (CEC) for approval of this technology change,
conditioned upon the decommissioning, demolition and removal of the Encina Power Station (EPS) by a
specific date, removal of all NRG facilities located west of the railroad, and remediation of the current
EPS site, as well as other infrastructure and property considerations beneficial to the residents of
Carlsbad. Additionally, Resolution 2014-010 directed staff to review the City's prior legislative actions
concerning the CECP and recommend changes, if any, that would be needed to reflect the changed
circumstances, reduced environmental profile and significant community benefits associated with the
future Amended CECP.
As a result, the City Planner has identified a number of revisions that are necessary to demonstrate the
city's support ofthe Amended CECP and the following actions are recommended:
1. A General Plan Amendment is proposed to revise the description of the Public Utility (U)
designation of the Land Use Element which currently only allows the generation of electrical
energy outside of the coastal zone. The proposed text amendment specifies that a primary
function of the U designation may include the generation of electrical energy by fossil fuel
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 2 -
only if it is the subject of and consistent with the Agreement between and among the City of
Carisbad (City) and the Carisbad Municipal Water District (CMWD), Cabrillo Power I LLC and
Carisbad Energy Center LLC, and San Diego Gas and Electric, and approved by the City and
CMWD on January 14, 2014.
2. A Zone Code Amendment is proposed to repeal the previous legislative action (Ordinance
CS-105 adopting ZCA 11-05) which amended Table "A" of Carisbad Municipal Code (CMC)
Chapter 21.36 - Public Utility Zone (P-U), Section 21.36.020 that currently only permits the
generation of electrical energy "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." The amendment simply deletes the text added by Ordinance CS-158 and
restores the previous text that permits "Generation and transmission of electrical energy" in
the P-U Zone throughout the city.
3. A Precise Development Plan Amendment is proposed to delete the previous text addition
(PDP 00-02(E)) which demonstrated opposition to the CECP as originally proposed. The
proposed amendment is required to ensure that the PDP is consistent with the proposed
General Plan and Zone Code Amendments and that the Amended CECP is supported, subject
to and consistent with the terms ofthe Agreement.
4. Lastly, a Specific Plan Amendment is proposed to repeal the Encina Specific Plan - SP 144.
The City Planner had previously identified that SP 144 was outdated, and therefore, rather
than preparing an amendment to update the Specific Plan to support the Amended CECP,
the proposed amendment (SP 144(0)) would repeal SP 144. Instead, future development
would rely on other existing or future land use documents which provide land use
information, procedures, standards and regulations.
The proposed amendments do not approve any development for the CECP, but rather allow for NRG's
application to the CEC, amending the previously approved CECP, to be found consistent with the city's
General Plan and zoning regulations.
The future Amended CECP would be located on a smaller site located south of the Agua Hedionda
Lagoon between 1-5 and the railroad tracks. The four fuel oil tanks that are currently located in this area
would be demolished. According to the city's findings and the Agreement, the future energy plant
would have less impact on the environment by utilizing current "peaker-plant" technology that
eliminates the use of ocean water for cooling, and which would significantly reduce the hours of
operation, noise, air pollutant and greenhouse gas emissions. The future Amended CECP would be
constructed further away from the coastline than the existing EPS plant and partially below grade which
would result in a reduced visual profile. The terms of the Agreement require the decommissioning,
demolition and removal of the EPS by a specific date, removal of all NRG facilities located west of the
railroad, and remediation of the current EPS site. This would allow for future redevelopment of the EPS
site, and potentially the adjacent SDG&E North Coast Service Center (SDG&E maintenance yard) as well,
with visitor-sen/ing commercial and open space uses. The Agreement also requires NRG and SDG&E to
dedicate lands along the coastline and lagoon to the city.
III. ANALYSIS
As discussed above, the proposed revisions are in response to City Council Resolution 2014-010 which
directs staff to review prior legislative actions concerning the CECP and to recommend changes to
3^
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 3
support the Amended CECP. The proposed amendments consist entirely of text changes. No changes to
the General Plan land use or Zoning maps would occur. Further, the proposals would not approve any
development. The recommendation for approval ofthe amendments was developed by analyzing their
compliance/consistency with the Agreement dated January 14, 2014 and with the following:
A. Carisbad General Plan;
B. Zoning Ordinance;
C. Encina Power Station Precise Development Plan;
D. Encina Specific Plan - SP 144;
E. South Carisbad Coastal Redevelopment Project; and
F. Local Coastal Program -Agua Hedionda Land Use Plan.
A. General Plan
The proposed General Plan Amendment (GPA 14-01) affects only the description ofthe "Public Utilities"
land use designation found in the Land Use Element. The proposed text additions are shown in bold
underiine and text deletions are shown as strikothrough. These revisions are also included as an exhibit
to Planning Commission Resolution No. 7039.
PUBUC UTIUTIES (U)
This category of land use designates areas, both existing and proposed, either being
used or which may be considered for use for primary public or quasi-public functions
designed to serve all or a substantial portion of the community.
Primary functions may include such uses as the treatment of waste water, public agency
maintenance, storage and operating facilities, generation of electrical energy or other
primary utility functions dosignod to serve all or a substantial portion of tho community.
A primary function dosignod to sorvo all or a substantial portion of tho community may
atee include the generation of electrical energy by fossil fuel only if it is the subject of
and consistent with the Agreement between and among the City of Carisbad (City) and
the Carisbad Municipal Water District (CMWD). Cabrillo Power I LLC and Carisbad
Energy Center LLC, and San Diego Gas and Electric and approved bv the City and
CMWD on January 14. 2014. if it is located outside tho Coastal Zone but only if it is
conducted by a govornmont entity or by a company and such uso is authorized or
approvod by tho Colifornia Public Utilities Commission.
Sites identified with a "U" designation indicate that the City is studying or may in the
future evaluate the location of a utility facility which could be located within a one
kilometer radius of the designations on a site for such a facility. Specific siting for such
facilities shall be accomplished only by a change of zone, and an approved Precise
Development Plan adopted by ordinance and approved only after fully noticed public
hearings.
The amended Public Utilities description demonstrates the city's suppori: of the CECP and implements
the Land Use Element goals for:
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 4
"a City which preserves and enhances the environment, character and image of itself as
a desirable residential, beach and open space oriented community;" and
"a City which provides for an orderly balance of both public and private land uses within
convenient and compatible locations throughout the community and ensures that all
such uses, type, amount, design and arrangement serve to protect and enhance the
environment, character and image ofthe City."
Supporting the Amended CECP would ultimately result in an enhancement of the environment and
character of the city. The plant would be built and operated using current "peaker-plant" technology,
thereby significantly reducing or eliminating the use of ocean water for cooling, and significantly
reducing the hours of operation, noise, air pollutant and greenhouse gas emissions, which will reduce
overall environmental impacts. The plant would be constructed away from the coastline and partially
below grade so that it has a reduced visual profile, and together with the commitment and a schedule
for the demolition of the existing EPS, would significantly enhance the visual character of the city.
Remediation ofthe current EPS site will allow for future redevelopment ofthe site, which could include
the adjacent SDG&E maintenance yard, as envisioned in the draft General Plan (February 2014) with
visitor-serving commercial and open space uses to provide residents and visitors enhanced
opportunities for coastal access and services. Lands along the lagoon and coastline would be dedicated
to the city for new beach and recreational uses, reflecting the California Coastal Act's goal of
"maximizing public access to the coast." Lastly, the proposed amendment supports the Land Use
Element's Special Planning Considerations - Regional Issues goal, in that it recognizes the City's role as a
participant in regional planning by continuing to allow facilities that may generate electrical energy, for
the city's and the region's benefit, as a permitted primary use.
B. Zoning Ordinance
The proposed Zoning Ordinance amendment (ZCA 14-01) to CMC Chapter 21.36 - Public Utility Zone
(P-U) would restore the text in "Table A" of CMC Section 21.36.020 which permits the "generation and
transmission of electrical energy." This text was in effect prior to the adoption of Ordinance CS-158 for
ZCA 11-05. These revisions are included as an exhibit to Planning Commission Resolution No. 7040. The
Local Coastal Program Amendment (LCPA 11-06) that was associated with ZCA 11-05 is still
pending approval by the California Coastal Commission (CCC) and therefore, is not yet in effect.
The repeal of Ordinance CS-158 and approval of ZCA 14-01 would have no impact on the Local
Coastal Program and would not be subject to CCC approval as it simply restores the text that was
previously adopted by the city and the CCC. As a follow-up, the City Planner will submit a request
to the CCC to wfthdraw LCPA 11-06.
Additionally, the P-U Zone (CMC Section 21.36.030) requires approval of a Precise Development Plan
(PDP) prior to the issuance of any building permits or entitlements. Section C below describes and
analyzes the proposed amendment (PDP 00-02(F)) to the Encina Power Station Precise Development Plan.
C. Encina Power Station Precise Development Plan
The Encina Power Station Precise Development Plan (PDP) encompasses approximately 95 acres of land
located south of the Agua Hedionda Lagoon, east of Carlsbad Boulevard and west of 1-5. Existing uses on
the site includes the Encina Power Station and associated fuel oil tanks, the Carisbad Seawater
Desalination Plant (CSDP), the Agua Hedionda Sewer Lift Station (SLS), and the SDG&E switch yard. The
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 5
purpose of the PDP is to identify existing and approved uses, and provide land use information,
procedures and standards for development, consistent with the requirements ofthe Public Utility zone.
The primary purpose of the proposed amendment (PDP 00-02(F)) is to ensure that the PDP is internally
consistent with the General Plan and Zoning Ordinance amendments, and the Agreement dated January
14, 2014, between and among the City and CMWD, NRG, and SDG&E. The proposed amendment
deletes most of the text previously added by PDP 00-02(E) that, among other things, prohibited the
generation of 50 megawatts or more of electrical energy in the Coastal Zone and did not allow for the
expansion of the current Encina Power Station or the addition of a new power facility. The amendment
specifically incorporates the future Amended CECP into the PDP and specifically allows the generation
of electrical energy by fossil fuel (such as natural gas) using "peaker configuration" technology
according to and consistent with the terms of the Agreement. It also explicitly identifies that
environmental review for future construction of the CECP, including demolition of the EPS, and
remediation of the site will be conducted by the California Energy Commission according to their
certified regulatory program under the California Environmental Quality Act (CEQA). Future projects
not subject to the CEC or CPUC will require CEQA review by the City of Carisbad prior to issuance of
entitlements or permits.
The Encina Power Station Precise Development Plan, as amended by PDP 00-02(F), is included as an
exhibit to Planning Commission Resolution No. 7041, with text additions shown as underiined and text
deletions shown as strikothrough.
D. Encina Specific Plan - SP 144
In 1971, the City Council adopted the Encina Specific Plan - SP 144 to provide rules and regulations for
the orderly development of 680 acres of Public Utility (P-U) and Open Space (OS) zoned lands owned by
SDG&E. The Specific Plan was never adopted by the CCC and is not part of the Local Coastal Program.
The lands, which are entirely within the coastal zone, are generally located east of the Pacific Ocean,
primarily north of Cannon Road, and encompass the Agua Hedionda Lagoon, the EPS and associated fuel
oil tanks, the CSDP, and agricultural lands and properties located along the south shore of the Agua
Hedionda Lagoon. As originally approved, SP 144 placed 13 conditions of development on the property
and provided methods of enforcement for the existing EPS (constructed in the 1950s). Over the years,
and particularly in the 1970s, SP 144 was amended numerous times to address proposed changes at the
Encina Power Station.
In 1975, the P-U zone requirements were revised to require the adoption of a Precise Development Plan
rather than a Specific Plan. In 2006, SP 144 was revised to incorporate the Encina Power Station Precise
Development Plan (PDP 00-02) which established a plan and text for the 95 acre EPS site. The PDP
provided land use information, procedures and standards for the existing EPS and approved
development of the CSDP. Because the PDP serves as the primary approval document for the CSDP and
EPS, every amendment to PDP 00-02 also requires an amendment to SP 144.
The proposed Specific Plan Amendment (SP 144(0)) would repeal the Specific Plan. Instead,
development would be regulated by other existing land use documents (General Plan, PDP, zoning, etc.)
that provide land use information, procedures and standards. The Specific Plan contains no unique
development standards or approvals for the properties within its boundaries (see Attachment 6). These
properties are listed below, together with the associated existing or future regulatory document(s):
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 6
• The 95 acre Encina Power Station site (owned by Cabrillo Power I, LLC) - existing development,
including the EPS, SDG&E Switchyard, CSDP, and SLS is subject to Precise Development Plan
PDP 00-02. Future development proposals within this area would require approval of a PDP
amendment. Subsequent to the demolition of the EPS and remediation of the site, future
redevelopment with visitor-serving and open space use would require a comprehensive
planning effort in accordance with the Draft General Plan Land Use Element.
• The SDG&E maintenance yard - according to the terms of the Agreement, every effort will be
made to relocate this use. As with the EPS site described above, the property would be
redeveloped with other visitor-serving and open space uses. If SDG&E is unable to relocate the
use, compensation by NRG (according to the terms of the Agreement) would be made to the
city. Any future development proposal would require approval of a PDP in accordance with the
existing Public Utility land use and zone designations.
• The Encina Substation property - any future development proposal would require approval of a
PDP in accordance with the existing Public Utility land use and zone designations.
• The Agua Hedionda Lagoon, properties located east and west of Carisbad Boulevard, Cannon
Park, and habitat preserve property located south of Cannon Road and east of Grand Pacific
Drive - designated open space.
• The Hubbs-Seaworid Research Institute - located on the north shore of the outer lagoon, and
west of the railroad tracks. This project was approved by a Conditional Use Permit and is
subject to the conditions of approval.
• The 5.8 acre parcel located on the north shore of the outer lagoon, and east of Carlsbad
Boulevard - the General Plan land use map designates this site as a Combination District for
High Density Residential/Open Space (RH/OS) land uses. The General Plan requires approval of
a Site Development Plan for Combination District properties containing less than 25 acres.
• The 50 acre parcel located east of 1-5 - the General Plan land use map designates this site as a
Combination District for future Travel-Recreation/Open Space (T-R/OS) land uses. The General
Plan requires approval of a Specific Plan for Combination District properties containing 25 acres
or more.
• Agricultural properties east of 1-5 and north of Cannon Road - this property is within the Cannon
Road Open Space, Farming and Public Use Corridor and is limited to agricultural and open space
uses consistent with Proposition D.
Additionally, all of the properties listed above, that are north of Cannon Road, are located within the
Agua Hedionda Land Use Plan (AHLUP) segment ofthe coastal zone. In October 1996, Carisbad received
certification of both Land Use and Implementation Plans, and permit authority from the California
Coastal Commission (CCC) for most ofthe city's coastal zone. However, within the Agua Hedionda Local
Coastal Program (AHLCP) Segment, only the land use plan has been certified by the CCC, and thus, the
CCC has retained coastal development permit authority within the AHLCP Segment. Therefore, any
development within their jurisdiction requires approval of a coastal development permit by the CCC and
compliance with related conditions of approval, prior to building permit issuance or effectiveness of any
entitlement.
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 7
All of the previous conditions of approval for development within SP 144 have been met and SP 144
authorizes no new development in the Specific Plan area over and above that which will be allowed by
PDP 00-02(F). Furthermore, future development of land within the boundaries of the Specific Plan can
be regulated by other existing and future land use documents. Therefore, the repeal of SP 144 would
not result in an inability to regulate development of lands that are currently within its boundaries.
Lastly, because SP 144 was never adopted by the CCC, a Local Coastal Program Amendment is not
required for the proposed amendment to repeal the Specific Plan.
E. South Carlsbad Coastal Redevelopment Project
The South Carisbad Coastal Redevelopment Project (SCCRP) encompasses coastal portions of Carlsbad
from the Encina Power Station south to the Carlsbad city limit. The uses permitted by the SCCRP are
consistent with those permitted by the General Plan and Zoning Ordinance. The SCCRP permits
generation and transmission of electrical energy conditioned upon a finding of extraordinary public
purpose and subject to a Precise Development Plan, unless the use is regulated by the California Public
Utilities Commission (CPUC). Further, the plan identifies goals including developing new parking areas,
adding opportunities for recreation, and redeveloping the Encina Power Station into a smaller, more
efficient plant. Redevelopment Agencies were officially dissolved by the state Legislature on February 1,
2012. However, the SCCRP plan has not expired and the goals of the Redevelopment Plan are still
effective.
The future Amended CECP is consistent with the SCCRP in that the future project will be a smaller, more
efficient plant that will be built and operated using "peaker configuration" technology, and which will be
located further away from the coastline, between the railroad tracks and 1-5. The terms of the
Agreement require the decommissioning, demolition and removal ofthe EPS by a specific date, removal
of all NRG facilities located west of the railroad, and remediation of the current EPS site in order to
provide an opportunity for future redevelopment of the site with visitor-serving commercial and open
space uses. Additionally, lands along the coastline and lagoon would be dedicated to the city and would
allow for new beach and recreational opportunities and open space amenities which will be beneficial to
both visitors and Carisbad residents.
F. Local Coastal Program - Agua Hedionda Land Use Plan
The Agua Hedionda Land Use Plan specifically addresses generation of electricity and power plants.
However, other than descriptive statements about the existing Encina Power Station, the AHLUP has no
standards and only one policy regarding generation of electricity. Land Use Policy 2.3, which regards a
45-acre vacant property located east of and across Interstate 5, is unrelated to the Amended CECP.
The City's General Plan is not part of the Local Coastal Program and therefore, California Coastal
Commission (CCC) approval is not required.
The City's Zoning Ordinance is included in the City's Local Coastal Program and approval of a Local
Coastal Program Amendment (LCPA) by the CCC is normally required for any amendments to the Zoning
Ordinance in order to be effective in the Coastal Zone. However, the Zone Code Amendment (ZCA 14-
01) associated with this project simply restores text that was approved by the CCC prior to the text
amendment associated with ZCA 11-05 that prohibited generation of electrical energy in the coastal
zone (Ordinance CS-158). An LCPA is not required for ZCA 14-01 because the Local Coastal Program
Amendment (LCPA 11-06) that was associated with ZCA 11-05 is still pending approval by the CCC
and therefore, is not yet in effect. The repeal of Ordinance CS-158 and approval of ZCA 14-01
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0) - CECP AMENDMENT
April 16, 2014
Page 8
would have no impact on the Local Coastal Program and would not be subject to CCC approval as
it simply restores the text that was previously adopted by the city and the CCC. As a follow-up,
the City Planner will submit a request to the CCC to withdraw LCPA 11-06.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined the project is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b) (3) which 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, Municipal Code Section 1919.04.070
A.l.c.(l) identifies minor zone or municipal code amendments that refine or clarify existing land use
standards as being exempt from CEQA. A Notice of Exemption shall be filed with the County Clerk upon
approval of this project.
ATTACHMENTS;
1. Planning Commission Resolution No. 7039 (GPA)
2. Planning Commission Resolution No. 7040 (ZCA)
3. Planning Commission Resolution No. 7041 (PDP)
4. Planning Commission Resolution No. 7042 (SP)
5. Location Map
6. Properties within the Boundaries of SP 144
7. SP 144(N) is on file in the Planning Division
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Exhibit X-PDP 00-02(F)
PDP 00-02(F)
Encina Power Station
Precise Development Plan
April 16,2014
PREPARED BY:
Cityof Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, Califomia 92008
PROPERTY OWNER:
Cabrillo Power I LLC
4600 Carlsbad Boulevard
Carlsbad, Califomia 92008
ORIGINAL PDP 00-02 PREPARED BY:
Hofman Planning and Engineering
3152 Lionshead Avenue
Carlsbad, Califomia 92010
Encina Power Station Precise Development Plan
PDP 00-02
Plan and text to provide land use information, procedures and standards; to depict the existing Encina Power
Station; and to approve the Carlsbad Seawater Desalination Plant (CSDP)
APPROVED BY:
Planning Commission Resolution No.6088, May 3, 2006
City Council Ordinance No. NS-806, June 20, 2006
PDP 00-02(A) - WITHDRAWN
PDP 00-02(B)
(An amendment to reconfigure the approved CSDP)
APPROVED BY:
Planning Commission Resolution No.6632, August 19, 2009
City Council Ordinance No. NS-CS-058, September 22, 2009
PDP 00-02(C)
(An amendment to incorporate the Agua Hedionda Sewer Lift Station and Trunk Line into the PDP)
APPROVED BY:
Planning Commission Resolution No.6817, October 5, 2011
City Council Ordinance No. CS-167, December 13, 2011
* #11! # *
PDP 00-02(D) - VOID
PDP 00-02(E)
(Changes to power plant standards to clarify that the Encina Power Station is not consistent with the General
Plan or Zoning Ordinance due to its location in the coastal zone and its power generation capacity)
APPROVED BY:
Planning Commission Resolution No.6806, September 7, 2011
City Council Ordinance No. CS-159, October 11, 2011
PDP 00-02(F)
(Revisions necessary to support the amended Carlsbad Energy Center Project ( CECP )
APPROVED BY:
Planning Commission Resolution No. , April 16, 2014
City Council Ordinance No. , , 2014
ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN
TABLE OF CONTENTS
I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT 7
B. ZONING ORDINANCE COMPLIANCE 7
C. ESTABLISHMENT OF BASELINE CONDITIONS 8
D. BUILDING PERMIT ISSUANCE FOR ALLOWED USES 9
II. PHYSICAL SETTING
A. ESTABLISHMENT OF PDP PLANNING AREAS 9
B. EXISTING LAND USES AND CONDITIONS 9
C. CARLSBAD SEAWATER DESALINATION FACILITY 12
D. SEWER LIFT STATION 13
E. AMENDED CARLSBAD ENERGY CENTER PROJECT 13
F. SURROUNDING DEVELOPMENTS 14
III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS
A. EIR 03-05, ADDENDA, AND MITIGATION MONITORING & REPORTING
PROGRAM (MMRP) 15
B. PDP 00-02(C)- MITIGATED NEGATIVE DECLARATION AND MMRP 15
C. CITY OF CARLSBAD GENERAL PLAN 16
D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT (SCCRP) 16
E. LOCAL COASTAL PROGRAM COMPLIANCE 17
F. GROWTH MANAGEMENT PROGRAM COMPLIANCE 18
G. COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD 19
H. COASTAL RAIL TRAIL 19
I. HABITAT MANAGEMENT PLAN 20
J. DEVELOPMENT AGREEMENT-DESALINATION FACILITY 20
K. REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION 21
rv. DEVELOPMENT STANDARDS 22
V. PUBLIC IMPROVEMENTS
A. PUBLIC IMPROVEMENTS OVERVIEW 29
B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT 29
VI. PROCEDURES AND AMENDMENTS
A. PDP APPROVAL 29
B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES 30
C. FORMAL AMENDMENTS TO APPROVED PDP 30
D. CONSISTENCY DETERMINATION WITH APPROVED PDP 31
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 1
LIST OF EXHIBITS
EXHIBIT 1: Regional Map
EXHIBIT 2: Vicinity Map
EXHIBIT 3: Cabrillo Power Properties - Zoning Map
EXHIBIT 4: Cabrillo Power Properties - General Plan Map /Local Coastal Program Boundary
EXHIBIT 5: PDP Planning Areas
EXHIBIT 6: Site Plan
EXHIBIT 7: South Carlsbad Coastal Redevelopment Plan Boundary/Public Dedications
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 2
GLOSSARY OF TERMS
AHL Agua Hedionda Lagoon
Cabrillo Cabrillo Power I LLC
CEC Califomia Energy Commission
CCC Califomia Coastal Commission
CECP Amended Carlsbad Energy Center Project*
CEQA Califomia Environmental Quality Act
City City ofCarlsbad
CRT Coastal Rail Trail
CSDP Carlsbad Seawater Desalination Plant
EIR Environmental Impact Report
EPS Encina Power Station
EWPCF Encina Wastewater Pollution Control Facility
Lagoon Agua Hedionda Lagoon
LCP Local Coastal Program
LFMP Local Facilities Management Plan
MMRP Mitigation Monitoring and Reporting Program
MOD Million Gallons per Day
MND Mitigated Negative Declaration
NCTD North County Transit District
PA Planning Area
PDP Precise Development Plan
Poseidon Poseidon Resources Corporation
PRC Poseidon Resources Corporation
SCCRP South Carlsbad Coastal Redevelopment Plan
SDCWA San Diego County Water Authority
SDG&E San Diego Gas and Electric
SLS Proposed Agua Hedionda Sewer Lift Station and Associated Improvements
SP144 Specific Plan 144
*As described in the January 14, 2014, settlement agreement approved by and attached to City Council
Resolution 2014-010.
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 3
INTRODUCTION
This Precise Development Plan (PDP) is intended to serve as an informational and regulatory
docimient to meet the City's zoning requirements for the Public Utility Zone. This PDP applies to
approximately 95 acres of property owned by Cabrillo Power I LLC. The property is located
between Cannon Road and the soudi shore of the Agua Hedionda Lagoon (AHL) and extends east
from Carlsbad Boulevard to Interstate 5.
Within the PDP are four existing, primary uses (Exhibit 6):
1. The Encina Power Station (EPS), which is owned and operated by Cabrillo Power I LLC
and Carlsbad Energy Center LLC (collectively, NRG.) The primary ftmction of the EPS is
electrical power generation. The EPS is currently capable of producing 965 Megawatts
(MW) of electricity and providing roughly 25% of San Diego Coxmty's total energy
requirements.
2. The Carlsbad Seawater Desalination Project (CSDP), a facility which when completed in
2016 will produce 50 MGD of desalinated water for distribution to the San Diego County
Water Authority's Second Aqueduct and the region's water supply. Poseidon Resources
Corporation, owner of the CSDP, has entered into a long-term lease with Cabrillo Power I
LLC.
3. The Agua Hedionda Sewer Lift Station (SLS) and associated improvements are part of a
regional sewage collection system (Vista/Carlsbad Sewer Interceptor System) which
receives sewage flow from the cities of Vista and Carlsbad. The SLS is maintained and
operated by Encina Wastewater Authority (EWA) by agreement with the cities. It has been
approved for expansion and upgrade with constmction scheduled to begin in late 2014.
4. Upland aquaculture operations and processing areas.
Within the boundaries of the PDP, between the railroad tracks and Interstate 5, NRG has received
approval to constmct a 558 Megawatt power plant, the "Carlsbad Energy Center Project." The
Califomia Energy Commission licensed (approved) this project in 2012, but the project has not
been constmcted.
Since the licensing, dramatic changes in the Southem Califomia energy supply environment have
occvured due to the unexpected closure of the San Onofre Nuclear Generating Station. This has
resulted in an accelerated and increased need for power. Additionally, San Diego Gas and Electric
has indicated interest in purchasing power from the CECP, but only if NRG was willing to change
the proposed technology of the CECP and seek approval of the change from the CEC.
In response, NRG is proposing to amend its approval and build a power plant that is more
environmentally friendly, has a lower profile, and uses "peaker configuration" technology, among
other things. Furthermore, NRG is interested in submitting its amendment proposal to the Energy
Commission, but only if the City of Carlsbad would be supportive of such an application.
The purpose of Precise Development Plan Amendment PDP 00-02(F) is to support City Council
Resolution 2014-010, dated January 14, 2014, which authorized the Mayor to execute an agreement
Encina Power Station Precise Development Plan - PDP 00-02(F)
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(Agreement) between the City ofCarlsbad (City), the Carlsbad Municipal Water District (CMWD),
Cabrillo Power I LLC and Carlsbad Energy Center LLC (collectively NRG), and San Diego Gas &
Electric (SDG&E) addressing City and CMWD support for a change in the proposed technology of
the approved Carlsbad Energy Center Project (CECP) Plant and the submittal of a Petition to
Amend (PTA) application to the Califomia Energy Commission (CEC) for approval of this
technology change. This support is conditioned upon the decommissioning, demolition and
removal of the EPS by a specific date, removal of all NRG facilities located west of the railroad,
and remediation of the current Encina Power Station (EPS) site, as well as other infrastmcture and
property considerations beneficial to the residents of Carlsbad. Resolution 2014-010 also directed
staff to review the City's prior legislative actions conceming the CECP and recommend changes, if
any, as may be needed to reflect the changed circumstances, reduced environmental profile and
significant community benefits associated with the amendment.
The future Amended CECP electric generating plant and related facilities are under the Califomia
Energy Commission's licensing jurisdiction and cannot be constmcted or operated without the
Energy Commission's certification. It is the CEC, not the City of Carlsbad, which has review
approval and authority over the fiiture Amended CECP.
The PDP:
a. Depicts the existing land uses and baseline conditions.
b. Establishes development standards consistent with applicable land use standards such as
the General Plan, Agua Hedionda Land Use Plan and Zoning Ordinance.
c. Includes provisions for administrative approvals for minor accessory uses and facility
modifications necessary for daily power generation, desalination, sewer treatment, and
other operations and to meet security requirements.
d. Facilitates building permit issuance for allowed land uses within the PDP area.
e. Recognizes that NRG has begun the process to completely shut down and demolish the
Encina Power Station stmctures and begin the process to remediate and redevelop the
site.
f Identifies the location for the fiiture development of the Amended CECP project which
proposes a plant that is more environmentally friendly, lower profile, utilizes "peaker
configuration" technology, and which caps the amount of power generation and hours
of operation.
g. Establishes PDP amendment procedures.
• PDP Chapters:
I. Purpose of the Precise Development Plan
II. Physical Setting
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III. Incorporation of Applicable Regulations and Documents
IV. Development Standards
V. Public Improvements
VI. Procedures and Amendments
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I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT
The PDP project area, located on the southem shore of Agua Hedionda Lagoon (AHL),
west of Interstate 5 and east of Carlsbad Boulevard, has a Public Utility (P-U) zoning
designation per City of Carlsbad land use regulations. Exhibit 1 (Regional Map) and
Exhibit 2 (Vicinity Map) locate the site within the northem San Diego County coastline.
Standards for the EPS were originally approved by Specific Plan 144 (SP-144) in 1971.
Subsequently, in 1975, the P-U zone was revised to require approval of a PDP prior to
development.
The Public Utility Zone, Chapter 21.36 of the Carlsbad Municipal Code, implements the
corresponding General Plan designation of Public Utilities (U). Exhibit 3 (Zoning) and
Exhibit 4 (General Plan) depict these land use designations, respectively. The list of
permitted uses and stmctures (Section 21.36.020) in the PU Zone includes the generation
and transmission of electrical energy, energy transmission facilities, use and storage of fuel
oils, wastewater facilities, and related facilities. The processing, use, and storage of
domestic and agricultural water supplies are also identified as permitted uses in the P-U
Zone. Accordingly, the existing EPS and CSDP, approved SLS, and Amended CECP are
permitted uses.
Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or
entitlements "until a precise development plan has been approved for the property". This
document is prepared consistent with the requirements of the P-U Zone, and serves as the
site's official PDP. The PDP serves as the primary entitiement for the CSDP and SLS.
The CSDP, SLS, and other potential improvements contemplated within the PDP area
require building permits as necessary. Other fiiture improvements may also require
entitiements, including amendments to this PDP. Additionally, since the PDP project area
is within the boundaries of the SCCRP, it is subject to the provisions of this plan as
discussed further in Section III. D.
B. ZONING ORDINANCE COMPLIANCE
Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for
certain public utility and related uses subject to a precise development plan procedure to:
''Insure compatibility of the development with the General Plan and the surrounding
developments"
The PDP satisfies the above by providing:
1. a baseline of existing conditions (December 2010)
2. guidance for building permit and entitlement issuance for allowed uses
3. establishment of planning areas
4. development standards that require General Plan compliance
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5. amendment and implementation procedures
6. linkage to other related regulations, approvals, and documents
Consistency with the General Plan will allow for continued compatibility with the
surrounding developments in the adjacent area, further discussed in lI.E of this document.
"Insure that due regard is given to environmental factors "
The certification of an Environmental Impact Report (EIR) was processed concurrent with
the approvals for the CSDP, as well as this PDP. EIR 03-05 and implementation of the
corresponding Mitigation Monitoring and Reporting Program (MMRP) satisfied the above
regarding adequate environmental review.
The adoption of a Mitigated Negative Declaration (MND) for the SLS was processed
concvurent with the approvals for the SLS, as well as the associated PDP amendment (PDP
00-02(C). The MND, and implementation of the corresponding MMRP, is adequate
environmental review for the project.
Environmental review for the fiiture development of the Amended CECP, including shut-
down and demolition of the EPS and remediation of the site, will be required in accordance
with CEQA and conducted by the Califomia Energy Commission. The Califomia Energy
Commission is the lead agency under the Califomia Environmental Quality Act (CEQA)
for the Amended CECP and has a certified regulatory program imder CEQA. Under its
certified program, the Energy Commission is exempt from having to prepare an
environmental impact report. Its certified program, however, does require environmental
analysis of the project, including an analysis of altematives and mitigation measures to
minimize any significant adverse effect the project may have on the environment.
Future projects not subject to the CEC or CPUC will require CEQA review by the City of
Carlsbad prior to issuance of entitlements or permits.
"Provide for public improvements and other conditions of approval necessitated by the
development"
The above will be satisfied by compliance with conditions of approval for related permits
of uses allowed by the PDP, including the CSDP and SLS. Public Improvements are
addressed in Chapter V.
D. ESTABLISHMENT OF BASELINE CONDITIONS
The existing conditions and land uses within the P-U Zone as it relates to this site are
established. This is an important function of the PDP since it will serve as the development
baseline for any project implementation at this site, such as the CSDP and approved SLS
expansion and upgrade. Existing conditions and land uses are outlined in Chapter II,
Physical Setting.
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E. BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES
This document is designed to ensure compliance with applicable regulations prior to the
issuance of any building permit or entitiement for development within the PDP jurisdiction.
Chapter IV provides development standards, outlines allowed and conditional uses, and
establishes other provisions. In addition. Chapter III of the PDP incorporates by reference
all other applicable regulations, permits and documents.
By providing a PDP for the property as required by the Zoning Ordinance, and as a guide to
assess implementation compliance, this document facilitates building permit and
entitlement issuance procedures.
IL PHYSICAL SETTING
A. ESTABLISHMENT OF PDP PLANNING AREAS
Exhibit 5 (PDP Planning Areas) shows the PDP area and corresponding Planning Area
boundaries.
The Assessor's Parcel Numbers (APN) for the land witiiin the PDP is 210-010-46. As
determined by the APN the area of the PDP is approximately 95.5 acres.
B. EXISTING LAND USES AND CONDITIONS
The EPS and the AHL are well-established features of coastal North County. AHL is
connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just
south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD
railroad, and 1-5. The lagoon is an integral part of the EPS since it provides the source of
seawater that is vital to the cooling operations of the power plant's steam turbines in
service.
Exhibit 6 (Site Plan) shows existing stmctures, paved and parking areas at the EPS, and the
locations ofthe CSDP, SLS, aquaculture operations and future Amended CECP. Planning
Areas 1, 2, and 3 are also depicted on this exhibit.
Planning Area 1 (PA 1)
Planning Area 1 consists of approximately 46 acres and is generally located south of the
outer AHL, and adjacent to Carlsbad Boulevard. PA 1 contains the most recognizable
features of the EPS: the power generating facility and emissions stack are located on the
westem portion of this Planning Area.
The boiler/turbine building is the main building onsite and is approximately 200 feet in
height. The stack reaches a maximum height of 400 feet. Other facilities located in PA 1
include water, steam, and natural gas pipelines. An NCTD rail line forms the eastem
boundary.
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The primary land uses in PA 1 are the power generating facility and emissions stack,
support facilities, the electrical switching station and related facilities, the water intakes,
and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic
Reduction SCR (pollution control technology) are located within this PA. The perimeter
landscaping along Carlsbad Boulevard and a portion of the south shore of the outer AHL
basin is also located within PA I.
In addition to the major stmctures listed above, the main entrance to the EPS is located in
Planning Area 1, at 4600 Carlsbad Boulevard, south of AHL. The seawater desalination
demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of
the CSDP, including the intake pump station and intake & discharge pipelines, are located
in PA 1.
A total of 174 spaces are available at various parking lots within Planning Area 1 to serve
existing uses and the CSDP (Parking discussed in IV).
Other Existing Onsite Uses in PA 1 include:
o Chemical and chemical waste storage tanks
o Water tank storage facilities
o Mobile Office Trailer (4,330 square feet)
o Commimications facilities
o Constmction materials storage
o Fabrication/machine shops
o Vehicle storage areas
o Shipping/receiving areas
o Administrative support areas
o Fire brigade facilities
o Trash recycling facilities
o Processing, use and storage of natural gas, and liquid natural gas
o Processing, use and storage of water supplies
o Fuel oil pipelines and booster stations
o Maintenance, storage and operating facilities
o Railroad access and loading/unloading facilities
o Seawater desalination demonstration facility
o Discharge pond
o Seawater intake
o Upland aquaculture operations and processing areas
The Selective Catalytic Reduction (SCR) facility and related equipment are located to tiie
southeast of turbine Unit 5 of the power generating facility. Components related to
implementation of the SCR facility located onsite include: two aqueous ammonia storage
tanks, tmck unloading station, and piping from the storage tanks to the boilers.
The seawater desalination demonstration facility is located north of the main gate off
Carlsbad Boulevard. The seawater desalination demonstration facility supply pump is
capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the
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demonstration facility. The objective of the demonstration plant is to develop data for the
monitoring ofthe fiiU-scale (50 MGD) CSDP facility.
This demonstration facility utilizes approximately 23 existing parking spaces, which will be
re-established when the seawater desalination demonstration facility is no longer needed
onsite. The area is surrounded by trees and shmbs, which serve to screen the facility from
views along Carlsbad Boulevard and from the north shore of the AHL. The maximum
height of this facility is less than 20 feet.
Planning Area 2 (PA 2)
Planning Area 2 is approximately 34 acres in size. PA 2 is the site for the future Amended
CECP. It currently contains four large fuel oil storage tanks, which are generally located
between 1-5 and the NCTD railway, and nortii of the overhead electrical transmission lines.
Fuel oil was formerly the primary fiiel source used to fire the electricity generating boilers
at the EPS. However, beginning in the 1970s, the EPS switched to use natural gas as the
primary fuel consumed in the production of electricity because of its lower emissions and
costs. As late as 2001, natural gas curtailments to the EPS resulted in an increased, though
intermittent reliance on fuel oil.
The land use activities in this planning area are not readily visible to offsite viewers as the
storage tanks are set below grade and are further visually screened by west-facing, east-
facing, and north-facing landscaped berms.
The primary existing land use activity in this planning area is the storage of fuel oil.
Similar to PA 1, other existing activities in this PA include:
o Processing, use and storage of natural gas and liquid natural gas
o Processing, use and storage of water supplies
o Use and storage of petroleum-based fuels and fuel oils
o Fuel oil pipelines and booster stations
o Maintenance, storage and operating facilities
o Communications facilities
o Administrative and training support facilities
o Dredging operations facilities and storage
Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, which will
be demolished once the SLS is constmcted. The SLS also includes new sewage and
recycled water pipelines that extend across PA 2 from north to south, just east of the NCTD
railway. An EPS materials and equipment storage is another ancillary use in PA 2. A
landscaped berm is partially sited within this planning area as a means of visually
separating the fuel oil storage tanks from southbound travelers on 1-5 and Carlsbad
Boulevard. Fire training is intermittentiy conducted within this planning area.
Planning Area 3 (PA 3)
Planning Area 3 is approximately 14 acres in size and contains two small fuel oil tanks
known as Fuel Tanks 1 and 2. (Fuel Tank 3 was removed to accommodate the CSDP).
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These tanks are located south of the outer basin of the AHL and adjacent to and west of the
NCTD tracks.
PA 3 and an adjacent portion of PA 1 is the location of the CSDP.
Power generation-related facilities located in this planning area include the two smaller fuel
oil tanks, above ground and underground fuel tanks, and water treatment facilities. Other
existing onsite uses in this PA include:
o Use and storage of petroleum-based fuels and fuel oils
o Wastewater treatment facilities
o Wastewater and/or brackish water treatment, disposal, storage and
reclamation facilities
C. CARLSBAD SEAWATER DESALINATION PROJECT (CSDP)
The 50 MGD CSPD is located in a portion of PA 1 and an adjacent portion of PA 3
formerly occupied by Fuel Tank 3. Engineering drawings depicting various components of
the CSDP and building elevations are on file in the Planning Division.
When fully operational, the CSDP will have the capacity to deliver up to 50 MGD of
Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad, neighboring
agencies and/or other regional partners. The CSDP is described vnth detailed analysis in
certified EIR 03-05 and subsequent addendums. A summary is provided below.
The project includes a desalination plant, pipelines and other appurtenant facilities.
Appurtenant facilities include intake and discharge pipes, product water pipeline,
transformers, electrical connections and solids handling building. These appurtenant
facilities are approved primarily in PA 3 and PA 1.
Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Offsite
infrastmcture and facilities to carry and store product water are not included as part of the
PDP as they are not proposed to be located on P-U zoned properties and, therefore, not
subject to PDP provisions.
Source water for the project will come from seawater in the existing cooling water system
at the EPS. Seawater would be diverted from the combined outiet of the power station
condensers and piped to the CSDP. The source water will be pre-treated and filtered
through RO membranes to produce high quality drinking water. The product water would
be stored temporarily in on-site facilities prior to transmission to an offsite conveyance
system. A large diameter pipeline along the east boundary of PA 1, would convey product
water from the desalination plant in a southerly direction to offsite infrastmcture and
facilities.
These product water pipelines, and the new offsite pipelines that would be constmcted for
conveyance of the product water to the San Diego County Water Authority, are described
in certified EIR 03-05 and subsequent addendums.
Cooling water from the condensers of all five units of the power generating stmcture flows
into a common discharge tunnel. The concrete discharge tunnel conveys the cooling water
into an on-site discharge pond before traveling through box culverts under Carlsbad
Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean.
The CSDP will operate up to 24 hours a day, 7 days a week. This facility will produce
water continuously and will be staffed at all times. Maintenance will be conducted onsite
as is customary and standard for such a facility or otherwise required by equipment
manufacturer specifications.
D. AGUA HEDIONDA SEWER LIFT STATION (SLS)
The entire project involves the installation of a sewer tnink line (3,960-foot long force
main and a 8,420-foot long gravity sewer line) to be located between the San Diego
Northem Railroad (BNSF) right-of-way to the west and the 1-5 freeway to the east: a
sewer lift station (50 MGD capacity); a sewer support bridge (140-foot weathered steel
span): and associated improvements on the Vista/Carlsbad Sewer Interceptor System
(Segments VCll, VCI2, VC13, VC 14 and VC15 as referenced in die City of Carlsbad's
2012 Sewer Master Plan). The project also includes the demolition of the wood trestle for
the existing sewer line and the option of relocating a section of an existing high pressure
gas transmission line from its existing frestie bridge (and removal of the bridge) to the new
sewer bridged. However, most of the bridge, except the southem abutment, and offsite
infrastmcture (proposed improvements to the north and south of PA 2) are not included as
part of the PDP amendment as it is not proposed to be located on P-U zoned properties
and, therefore, not subject to PDF provisions.
The SLS will involve a series of three stmctures (two of which will be primarily
underground). These stmctures will be constmcted in an area approximately 80- to 100-
feet southeast of the existing sewer lift station. These three stmctures are the main lift
station, a smaller grinder facility, and a still smaller bio-filter stmcture. The large main
stmcture will be fitted into the terrain of the site with exterior walls functioning as soil
retaining walls, resulting in the facility being situated mostly below grade, with only the
south and westem walls visible up to 25.5 feet in height. The lift station stmcture will be
stained earth-tone colors, with wall texturing for shadowing to fit into the surrounding
area. The existing station and adjacent overflow basin will be removed to accommodate
the SLS.
The project also proposes a number of associated improvements in the same work area,
including installation of a sewer gravity connector line, sewer force main, 12-inch recycled
water line, and replacement of a 3" potable water line with a 6" potable water line. Plans of
the SLS are on file in the Planning Division.
E. AMENDED CARLSBAD ENERGY CENTER PROJECT
The future Amended CECP would be located on a smaller site south of the middle section
of the Agua Hedionda Lagoon, between 1-5 and the railroad fracks. The four fuel oil tanks
that are currently located in this area would be demolished. The Amended CECP would
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 13
generate electrical energy using fossil fuel (natural gas), and would be built and operated
using "peaker configuration" technology that is environmentally friendly and within
stmctures with a lower profile. According to the Agreement dated January 14, 2014, the
Amended CECP is subject to a cap limiting the amoimt of power generation facilities
allowed on site and the hours of operation. Additionally, the city's support of the project is
contingent upon the decommissioning, demolition and removal of the EPS by a specific
date, removal of all NRG facilities located west of the railroad, and remediation of the
current Encina Power Station site, as well as other infrastmcture and property
considerations.
F. SURROUNDING DEVELOPMENTS
As a major electrical generating facility in San Diego Coimty, the EPS is a distinct regional
land use presence. Land uses surrounding the PDP area include residential neighborhoods,
and coastal shoreline areas providing active and passive recreational uses. These include
swimming, surfing, walking, bird watching, fishing and bicycling.
North of the PDP boundary are the waters of AHL; Interstate 5 is located along the eastem
edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the
south is a small community park (Cannon Park) and the operations center of SDG&E.
Single-family residential neighborhoods in the general area include Terramar and Tierra del
Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another
portion of Terramar is located on the east side of Carlsbad Boulevard, further south of
Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north
shore of the lagoon is a research institute and fish hatchery.
Existing Surrounding Land Uses (Adjacent to PDP Jurisdiction)
North: AHL
South: Industrial utility. Cannon Park
East: 1-5 Transportation Corridor
West: Carlsbad Boulevard, Beach Access
Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations
(Adjacent to PDP Jurisdiction)
North: Open Space
South: Open Space, Planned Industrial, Public Utilities/Utility
East: Open Space, Transportation Corridor
West: Open Space
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Page 14
Xp
III. APPLICABLE LAND USE REGULATIONS
A. EIR 03-05, ADDENDA, AND MITIGATION MONITORING AND
REPORTING PROGRAM (MMRP)
Certification of Final EIR 03-05 constitutes the environmental review necessary for this
PDP and the CSDP. The EIR was prepared, processed and certified in compliance with
CEQA (Califomia Environmental Quality Act) in 2006. Subsequent addenda were
approved by the City ofCarlsbad (EIR 03-05(A) and (B) in 2009 and 2013) and by the San
Diego County Water Authority in 2012.
EIR 03-05 and subsequent addenda also cover the environmental review of offsite pipeline
alignments designed to convey the desalinated water for regional distribution from the EPS
location.
Certification of EIR 03-05 requires the implementation of the corresponding Mitigation
Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation
measures for various environmental impacts assessed in EIR 03-05 that otherwise would
create significant impacts. PDP 00-02(B) provides minor revisions to the site plan of the
approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03-05, EIR 03-
05(A), was processed and approved in 2009. Other addendums focused on changes to
offsite pipeline alignments. With the minor revisions and addenda, no new impacts were
identified and the project's mitigation measures have not increased nor are any new
mitigation measures required.
The mitigation measures mostly address environmental impacts from the offsite pipeline
alignments. However, some mitigation measures apply to the desalination facility and
therefore require incorporation into this PDP.
The MMRP is contained in City Council Resolution 2006-156.
B. PDP 00-02(C) - MITIGATED NEGATIVE DECLARATION AND MMRP
Adoption of the Final MND constitutes the environmental review necessary for this PDP
amendment and the SLS. The MND was prepared, processed and certified in compliance
with CEQA. The MND also covers the environmental review of offsite pipeline alignments
and the support bridge alignment designed to convey the pipes (sewer, recycled water, and
potable water) from south of Chinquapin Avenue to the EWPCF.
Adoption of the MND requires the implementation of the corresponding MMRP. The
MMRP outlines necessary mitigation measures for various environmental impacts assessed
in the MND that otherwise would create significant impacts.
The mitigation measures mostly address environmental impacts from the constmction ofthe
bridge abutments, sewer lift station, and constmction noise adjacent to the AHL during bird
breeding season. Therefore, the mitigation measures require incorporation into this PDP.
The MMRP is contained in City Council Resolution 2011-276.
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Page 15
C. CITY OF CARLSBAD GENERAL PLAN
The Land Use Element of the Carlsbad General Plan designates the property as Public
Utility (U). The Public Utility designation is implemented through the (P-U) Public Utility
Zone, Chapter 21.36 of the Carlsbad Zoning Ordinance. The Public Utility category of land
use designates areas, both existing and proposed, either being used or which may be
considered for use for primary public or quasi-public functions designed to serve all or a
substantial portion of the community. The Carlsbad General Plan states that the Public
Utility designation's "primary functions may include such uses as the treatment of waste
water, public agency maintenance storage and operating facilities, generation of electrical
energy or other primary utility functions. A primary function may include the generation of
electrical energy by fossil fuel only if it is the subject of and consistent with the Agreement
between and among the City of Carlsbad (City) and the Carlsbad Municipal Water District
(CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC, and San Diego Gas and
Electric and approved by the City and CMWD on January 14, 2014.
As a utility function serving the region, the General Plan also recognizes the CSDP as a
permitiied primary use. The future Amended CECP, together with the EPS, CSDP and SLS
facilities, would be consistent vsdth the site's land use designation of Public Utilities and the
City's General Plan.
D. SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT (SCCRP)
The SCCRP is a 555-acre redevelopment area located along Carlsbad Boulevard from the
southem city limits to the northem bovmdary of the outer lagoon, and includes properties
owned by Cabrillo Power and SDG&E that are located east and west of the 1-5 freeway and
south of the Agua Hedionda Lagoon. The PDP area is a portion (approximately 95 acres) of
the larger Redevelopment Plan jurisdiction. Identified goals of the SCCRP relative to tiie
EPS and PDP jurisdiction include:
• Facilitating the redevelopment of the Encina power generating facility to a
smaller, more efficient power generating plant.
• Strengthening the economic base of the Project Area and the community by the
installation of needed on- and off-site improvements to stimulate new
commercial/industrial expansion, employment and economic growth.
Developing new beach and coastal recreational opportunities.
• Increasing parking and open space amenities.
• Developing new beach and coastal recreational opportxmities.
• Implementing performance criteria to assure quality site design and
environmental standards to provide unity and integrity to the entire Project Area
development.
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Page 16
In November 2005 the City Council, upon the recommendation of the Housing and
Redevelopment Commission, approved Ordinance NS-779, amending the SCCRP. This
action requires a PDP for a number of certain uses, including a sewer lift station, a
desalination facility and the generation and transmission of electrical energy; a finding of
extraordinary public purpose for those certain uses; and a Redevelopment Permit. In 2009,
an amendment to the CSDP project's Redevelopment Permit (RP 05-12(A)) was processed
along with the amendment (PDP 00-02(B)). The SLS Redevelopment Permit (RP 10-26)
was processed along with the amendment to the PDP (PDP 00-02(C)). Ordinance NS-779
also states that these requirements shall not be required of, or applied to, uses regulated by
the Califomia Public Utilities Commission (CPUC). Ordinance NS-779 is integrated into
the compliance elements outlined in Development Standards, Chapter IV.
The SCCRP permits generation and transmission of electrical energy conditioned upon a
finding of extraordinary public purpose, and subject to a precise development plan unless
the use is regulated by the Califomia Public Utilities Conimission (CPUC). Further, the
plan identifies goals including developing new recreational opportunities and parking, and
redeveloping the Encina Power Station into a smaller, more efficient plant. The Amended
CECP is consistent with the SCCRP in that the future Amended CECP would be a smaller,
more efficient plant that would be built and operated using "peaker configuration"
technology, and which would be located further away from the coastline, between the
railroad tracks and 1-5. The terms of the Agreement, dated January 14, 2014, require the
decommissioning, demolition and removal of the EPS by a specific date, removal of all
NRG facilities located west ofthe railroad, and remediation of the current EPS site, as well
as other infrastmcture and property considerations which will be beneficial to the residents
of Carlsbad and provide an opportunity for future redevelopment of the site. Additionally,
lands along the coastiine and lagoon would be dedicated to the city and would allow for
new beach and recreational opportunities and open space amenities.
E. LOCAL COASTAL PROGRAM COMPLIANCE
The AHL Local Coastal Program (LCP) segment applies to the PDP. The LCP area is also
shown on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP
certification and permit authority from the California Coastal Conimission (CCC) for most
of the city's coastal zone in October 1996. However, the CCC retained permit authority
within the AHL LCP.
Therefore, any development v^thin the PDP jurisdiction requires approval of a coastal
development permit by the CCC prior to building permit issuance or effectiveness of any
entitlement, such as this PDP. Compliance with related coastal permit conditions shall be
addressed prior to building permit issuance, as part of the PDP implementation.
The CSDP is consistent wdth the AHL LCP as reaffirmed by the environmental review and
certification and approval of Final EIR 03-05 and EIR 03-05(A). LikeAvise, the SLS is also
consistent with the AHL LCP as stated in the certification and approval of the Final MND.
The Agua Hedionda Land Use Plan specifically addresses generation of electricity and
power plants. However, other than descriptive statements about the existing Encina Power
Station, the AHLUP has no standards and only one policy regarding generation of
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 17
elecfricity. Land Use Policy 2.3, which regards a 45-acre vacant property located east of
and across Interstate 5, is unrelated to the Amended CECP.
F. GROWTH MANAGEMENT PROGRAM COMPLIANCE
The Growth Management Program, in accordance with Chapter 21.90 of the Carlsbad
Municipal Code, established 25 Local Facilities Management Zones throughout the city.
No development can occur in any of the Zones unless consistency of the development is
determined with the applicable Local Facilities Management Plan (LFMP) for each Zone.
Each LFMP determines existing and future needs for infrastmcture so that future Zone
demands can be adequately assessed, planned, and provided. The EPS, CSDP, and PDP
jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however,
applies only to the northwest comer of the EPS and PDP jurisdiction in the vicinity of the
aquaculture facilities and discharge pond.
Implementation of the PDP, including the CSDP, is consistent with tiie Zone 1 and Zone 3
LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is
not necessary to implement the PDP. This was reaffirmed by the environmental review and
certification of Final EIR 03-05 and EIR 03-05(A) for the CSDP, and the MND for the
SLS, and is summarized below.
LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance
Performance Standard Project Compliance
Administrative Facilities N/A. This standard does not apply to non-residential uses
Library N/A. This standard does not apply to non-residential uses.
Wastewater Treatment The sewer lift station would improve the existing wastewater
facilities and will handle the projected build-out sewage anticipated
from the service area.
Parks N/A. This standard does not apply to non-residential uses.
Drainage Negligible Effect. The EPS, CSDP, and SLS all have a Stormwater
Pollution Prevention Plan (SWPPP) in place. In addition, the future
plans for the Amended CECP, including demolition of the existing
EPS and remediation of the site, will be required to implement a
SWPPP.
Circulation Negligible effect. The CSDP will add 120 Average Daily Trips
(ADT) to the traffic circulation of the area.
The sewer lift station will only add 1 additional ADT to the traffic
circulation of the area for a maintenance vehicle to monitor and
service the sewer lift station.
The future Amended CECP will replace the existing EPS. Impacts
associated with circulation will be analyzed as part ofthe CEC's
environmental analysis of the project.
Fire N/A. This standard does not apply to non-residential uses.
Open Space No effect on open space compliance.
Schools N/A. This standard does not apply to non-residential uses.
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 18
LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance
Performance Standard Project Compliance
Sewer Effects of the CSDP on sewer capacity are discussed and mitigated
in the EIR and Mitigation Monitoring Reporting Program.
The SLS project will not increase in sewer flow.
The future Amended CECP will replace the existing EPS. Impacts
associated with sewer capacity will be analyzed as part of the
CEC's environmental analysis of the project.
Water The CSDP is anticipated to substantially improve the quantity and
quality of the water supply available to the City, neighboring water
agencies and the region. Desalinated water is required to meet all
federal, state, regional and local standards.
The SLS project includes the installation of a 12-inch diameter
recycled water line. This line will serve to distribute recycled water
in the northem portion of Carlsbad for landscape irrigation.
The future Amended CECP will replace the existing EPS. Impacts
associated with water demand will be analyzed as part of the CEC's
environmental analysis of the project..
G. COMMUNITY THEME CORRIDORS
The City of Carlsbad General Plan designates specific transportation corridors as scenic
roadways. Carlsbad Boulevard on the westem perimeter of the PDP is designated as a
"Community Theme Corridor". Carlsbad Boulevard, the local segment of the coast highway
located along southem Califomia's coast, provides superior visual access with lagoon,
ocean, beach, horizon and sunset views.
The NCTD railroad right of way is noted as a "special condition" in the City's Scenic
Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of
way to enhance the visual image of the city to railroad passengers.
The Circulation Element of the General Plan notes that Community Theme Corridors
"cormect Carlsbad with adjacent municipalities and present the City of Carlsbad to persons
entering and passing through the community". The EPS has been in this location for nearly
50 years and, in part, defines part of the existing overall community character.
The review and certification of Final EIR 03-05 included visual assessment of the
desalination facility, recognizing that it proposes to replace an existing oil tank. The
MMRP implemented by the EIR 03-05 generated certain mitigation measures regarding
aesthetics and view impacts from Carlsbad Boulevard and the NCTD railroad right of way.
These mitigation measures are incorporated in the MMRP. Changes proposed to the CSDP
as part of PDP 00-02(B) do not trigger any new mitigation measures, as described in EIR
03-05(A).
H. COASTAL RAIL TRAIL
The City of Carlsbad in coordination with other cities in coastal San Diego County, is
implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail
mostly along the railroad right of way. At completion, this regional trail is intended to
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 19
provide an altemative to freeway commuting along the Interstate 5 coastal corridor. Each
city is pursuing individual segments within their jurisdiction based on funding and other
factors that facilitate constmction.
The City of Carlsbad opened its first segment of the CRT along the east side of the railroad
tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment
southward of this portion of the CRT would cross the SLS's pipe support bridge over AHL
and continue south through the EPS property. The trail would then continue southward
along the NCTD right-of-way within the PDP property. The trail would continue south into
the existing commercial development located on the north side of Cannon Road. The
commercial development accommodates the CRT alignment through its property and
facilitates continued southward alignment to city limits.
As stated in the January 14, 2014 Agreement, the City and NRG shall work in good faith to
determine a mutually acceptable and appropriate alignment for the CRT (provided
however, that failure to reach an agreement on the CRT alignment shall not impact
performance of the obligations of the Agreement). Regardless of final alignment, the CRT
is considered an allowed and supported land use within the PDP. It is specified as an
allowed use within the PDP in Chapter IV, Development Standards.
I. HABITAT MANAGEMENT PLAN
The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space
resources. The PDP area is south and adjacent to the AHL. Implementation of the PDP will
not adversely affect the AHL, nor hinder HMP implementation. The PDP is designated as a
"Development Area", and lies outside of any existing or proposed habitat conservation
areas.
The PDP will not increase or decrease the amount of open space in the city. Consistency
with habitat planning efforts was reaffirmed with the environmental review and
certification of Final EIR 03-05, and approval of EIR 03-05(A) for tiie CSDP and the MND
for the SLS.
J. DEVELOPMENT AGREEMENT - DESALINATION FACILITY
A Development Agreement has been approved between Poseidon Resources Corporation
and the City of Carlsbad. The primary functions of the Development Agreement are to
eliminate uncertainty in planning and provide for the orderly development of the Project,
ensure progressive installation of necessary improvements, provide for public services
appropriate to the development of the Project, and generally serve the purposes for which
development agreements under Sections 65864, et seq. of the Califomia Government Code
and Zoning Ordinance Chapter 21.70 are intended. The Development Agreement is on file
with the City of Carlsbad, in the Planning Division under the filing reference of DA 05-01(A).
An amendment to the Development Agreement, DA 05-01(A), was part of the amendment
package to entitie the reconfigured site plan for the desalination plant covered by PDP 00-
02(B), and related agreement details regarding offsite pipeline distribution and operation
not in the PDP. The amended agreement was approved in 2009.
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Page 20
K. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION
LOCAL
• City of Carlsbad/Carlsbad Mimicipal Water District
REGIONAL
• San Diego County Air Pollution District (APCD)
• Regional Water (Quality Control Board (RWQCB)
• San Diego County Department of Environmental Health (DEH)
STATE
• Califomia Coastal Conimission (CCC)
• Califomia Public Utilities Commission (CPUC)
• Califomia State Lands Commission (SLC)
• Califomia Independent System Operator (ISO)
• Califomia Department of Fish and Game (CDFG)
• Califomia Energy Commission (CEC)
• Califomia Department of Health Services (DHS)
FEDERAL
• National Marine Fisheries Service (NMFS)
• Federal Energy Regulatory Commission (FERC)
• United States Fish & Wildlife Services (USFWS)
• United States Army Corps of Engineers (USCOE)
Some of these agencies have at their discretion the authority to exercise preemptive
jurisdictional regulatory powers over design, facility, and operational characteristics of the
EPS and Amended CECP, which are not subject to the regulatory powers of the City of
Carlsbad or the PDP.
The CSDP is also subject to the regulatory powers of certain agencies noted above.
However, the PDP does not confer any additional regulatory jurisdictional powers upon the
City of Carlsbad than it already retains under applicable state and federal laws.
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Page 21
VII. DEVELOPMENT STANDARDS
Since much of the EPS was built over 30 years ago, the development standards apply only
to new onsite development and/or redevelopment. The proposed development standards
will apply as appropriate to future activity requiring entitlements and/or building permits.
This chapter reviews and integrates various sources of regulations, requirements, conditions
and other provisions. The P-U zoning district. Chapter 21.36, is the primary source of
standards and conditions established within the PDP. In many cases. Chapter 21.36 does
not establish development standards for the P-U zone; instead. Section 21.36.050 identifies
a number of conditions that the City Council may impose on the PDP, such as requirements
for setbacks and parking. Other sources of standards originate from related regulations and
documents as discussed in Chapter III.
The table below and subsequent discussion provides the necessary guidance to review and
approve future building permit and entitlement requests within the PDP area.
OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA
STANDARD or
REQUIREMENT DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PAI
Applies
to PA 2
Applies
to PA 3
Permitted Uses See Discussion Below
Chapter 21.36 -
21.36.020 X X X
Conditional Uses See Discussion Below
Chapter 21.36-
21.36.110;
and the PDP
X X X
Minimum Lot Area 7,500 square feet Chapter 21.36-
21.36.060 X X X
Lot Coverage 50% maximum
See Discussion Below
Chapter 21.36-
21.36.070
X X X
Parking, Loading
and Refuse
Collection Areas
None in front, side or
rear setback adjoining
street; or 10' within
side/rear property line.
See Discussion Below
Chapter 21.36 -
21.36.080;
and the PDP X X X
Landscaping See Discussion Below
Chapter 21.36-
21.36.090; and the
PDP
X X X
Grading See Discussion Below
Chapter 21.36-
21.36.050(6);
and the PDP
X X X
Architecture and
Building Materials See Discussion Below
Chapter 21.36-
21.36.050;
and the PDP
X X X
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 22
STANDARD or
REQUIREMENT DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PAI
Applies
to PA 2
Applies
to PAS
Setbacks See Discussion Below
Chapter 21.36 -
21.36.050 (1);
and tiie PDP
X X X
Parking See Discussion Below
Chapter 21.36 -
21.36.050(11);
and the PDP
X X X
Building Height Not to exceed 35 ft
Chapter 21.36 -
21.36.050 (2);
and the AHL LCP
X X X
Equipment and
Storage Tank
Screening
To remain reasonable
screened by healthy
landscaping/planting Chapter 21.36-
21.36.050;
X X X
Lighting
Lighting Plan
approval prior to
building permit
issuance
Project mitigation
measures below X X X
Precise Development
Plan: PDP 00-02.
Issuance of building
permit or entitlement
in P-U zone first
requires approved
PDP for property.
Zoning Ordinance,
Chapter 21.36;
SCCRP Section
600 (Ordinance
NS-799);
Ordinance NS-806
and subsequent
amendments
approved by
ordinance.
X X X
Redevelopment
Permit:
Rehabilitation,
redevelopment, and
development activities
witiiin SCCRP require
redevelopment permit.
SCCRP Sections
200 and 600
(Ordinance NS-
799)
X X X
Required Finding of
Extraordinary Public
Purpose-RP required
Many utility uses and
government facilities
within SCCRP require
making of this
finding.
SCCRP Section
600 (Ordinance
NS-799)
X X X
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 23
STANDARD or
REQUIREMENT DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PAI
Applies
to PA 2
Applies
to PA 3
Coastal Development
Permit
May be required if
new development in
AHL LCP segment
LCP Permit and
Appeal Jurisdiction
map (on file in the
Planning Division)
Califomia Coastal
Commission -
San Diego Coast
Disfrict Office.
X X X
Mitigation Measures Measures to reduce
environmental
impacts to less than
significant as required
byEIR'sandMND's.
MMRPs per Final
EIR 03-05 for
CSDP and other
project approvals
as applicable.
X X X
Final Precise
Development Plan
Required for Building
Permit Issuance
Zoning Ordinance
Chapter 21.36-
21.36.100
X X X
PERMITTED USES
Permitted uses within the PDP shall be based on the following allowances and/or criteria:
• Consistency with the PDP, including the existing uses for the subject
Planning Area as established by the PDP including Chapter II. B.
• Consistency with the Carlsbad General Plan and Zoning Ordinance,
including the permitted uses and stmctures as outlined by the Public Utility
Zone, Section 21.36.020.
• Consistency with the SCCRP, including Section VI. (600), Uses Permitted in
the Project Area.
• Consistency with the LFMPs for Zones 1 and 3.
• Consistency with the AHL Land Use Plan.
• Consistency with the Scenic Corridor Guidelines.
• Compliance with all applicable local, state, and federal permits, including
any Coastal Development Permit.
• Consistency with applicable environmental documents including MMRPs.
In addition to the permitted uses listed in the Public Utility Zone, CRT alignments, when
associated with future entitlement efforts by the City of Carlsbad and implementation of
trail planning programs, shall also be considered permitted uses.
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 24
CONDITIONAL USES
Conditional uses within the PDP shall be based on the same allowances and/or criteria as
permitted uses, except as modified below:
• Consistency with the Carlsbad Zoning Ordinance, including procedures and
required findings outlined in Chapter 21.42 (Conditional Uses) and Section
21.36.020 (Permitted Uses) ofthe P-U Zone.
• Conditional Use Permits approved in accordance with these provisions shall
make the required finding that the proposed conditional use is consistent
with this PDP.
LOT COVERAGE
The table below reflects compliance wdth the maximum allowance of 50% lot coverage.
The difference between the existing and proposed data reflects the CSDP and SLS.
EXISTING LOT COVERAGE - EPS
Acres Percentage
Buildings 11.96 12.58 %
Paved Area 24.42 25.68 %
Landscaped Area 20.64 21.71 %
Unimproved Area 38.06 40.03 %
Total 95.08 100%
LOT COVERAGE - EPS with < :sDP
Acres Percentage
Buildings 14.57 15.3%
Paved Area 25.50 26.8%
Landscaped Area 22.14 23.31%
Unimproved Area 32.87 34.6%
Total 95.08 100%
LOT COVERAGE - Sewer Lift Station Project*
Acres Percentage
Buildings 14.82 15.58%
Paved Area 26.20 27.25%
Landscaped Area 22.65 23.67%
Unimproved Area 33.87 33.50%
Total 97.54 100%
*Based on LOT COVERAGE - EPS with CSDP
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 25
PARKING, LOADING, AND REFUSE COLLECTION AREAS
• These areas should continue to be visually screened from public view
through the use of existing fencing and landscaping.
Loading, storage and refuse collection should be placed to the rear or sides
of the building they serve.
Outdoor refiise collection and permanent loading areas visible from public
areas should be visually screened, as necessary, to a height up to 10 feet.
Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within
Planning Area I of the PDP. The 174 existing spaces constitute the PDP's baseline parking
supply. The desalination demonstration facility utilizes 23 of the existing spaces onsite, and
maximum parking demands of the existing EPS uses require 112 parking spaces. Therefore,
the current baseline demand for parking spaces is 135 when combining all existing uses
(including the demonstration facility).
At full operation, the CSDP will require 13 parking spaces, a number sufficient for plant
employees, visitors and vendors. Accordingly, a 23-space parking lot has been approved on
the CSDP site, which exceeds the minimum parking requirement.
Once the CSDP is operational, the seawater desalination demonsfration facility will be
removed and the 23 parking spaces it now occupies will again be available with one more
space added. The 112 spaces required by current EPS uses, combined with the future 13
space parking need required by the CSDP produces a total demand for 125 spaces, which
are accommodated by the current baseline of 174 parking spaces plus the 11 extra spaces
provided at the CSDP (for a total of 185 available parking spaces).
The SLS will not require any existing parking spaces. There will be sufficient asphalt
pavement surrounding the SLS to accommodate the maintenance vehicle that will monitor
and service the SLS.
Parking needs for power generation and transmission, desalination and other facilities
within the PDP may require case-by-case basis analysis based on employee numbers, hours
of operations, and other factors. In addition, when applicable, the parking standards of
Zoning Ordinance Chapter 21.44 shall be followed.
LANDSCAPING
A landscape plan may be required prior to building permit issuance. The following criteria
and objectives shall guide landscape review and implementation:
• Landscaping shall be provided per the requirements of Section 21.36.090 of
the Carlsbad Municipal Code, which requires landscaping with irrigation
systems within setbacks, where feasible.
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 26
Consistent wdth the City of Carlsbad Landscape Manual, minimum plant sizes
for onsite plantings, where visible to the public, shall be as follows: 15 gallon
for trees, 5 gallon for woody and massing shmbs and 1 gallon plants for color
and accent shmbs/flowers.
Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of
way shall enhance the visual character of area.
When parking is visible from Carlsbad Boulevard, landscaping shall screen
views of parking from passing motorists and pedesfrians.
Perimeter landscaping, trees or shmbs that are diseased, dying or removed
shall be replaced with similar plants of equal or better screening ability in a
timely manner to the satisfaction of the City Planner.
GRADING
Grading in the visible areas surrounding the lagoon and plant should utilize
natural contour as opposed to hard, angular or exfreme grading concepts,
whenever feasible. Any grading should preserve and enhance natural
appearances of areas visible to the public to minimize visual impacts.
• Grading shall comply with all City and CCC requirements.
ARCHITECTURE & BUILDING MATERIALS
The form and design of any new stmctures, including the CSDP and SLS, would largely be
determined based as a result of the visibility from offsite locations and applicable
government requirements. The following architectural guidelines apply only to the EPS's
perimeter, and other publicly visible components of the PDP area.
• Future buildings and stmctures, and additions and alterations to them or to
existing buildings and stmctures, should be sited and designed in a
compatible manner with the EPS's surroundings, which include the overall
lagoon and ocean environment, views from scenic corridors, public
recreation and open space areas, and established residential neighborhoods.
• Building materials and finishes should also reflect compatibility wdth
surroundings.
• Any mechanical and/or electrical equipment located on the roof of any
stmcture shall be screened in a manner acceptable to the City Planner.
It is recognized that in some cases requirements of other govemmental agencies or the
function, nature, or location of the stmcture or building may limit or make impractical the
ability or need to follow these guidelines. Accordingly, based on evidence provided by the
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 27
applicant to support such a decision, the City Planner may determine compliance with one
or more of these guidelines is unnecessary.
SETBACKS
Exhibit 6 of this document depict minimum required setbacks for the PDP area. However,
similar to the architectural criteria outlined above, it is recognized that in some cases
requirements of other govemmental agencies or the function, nature, or location of the
stmcture or building may limit or make impractical the ability or need to follow setback
requirements. Accordingly, based on evidence provided by the applicant to support such a
decision, the City Planner may determine compliance with setback requirements is
unnecessary. All setbacks noted below are required minimums.
• Carlsbad Boulevard: 50' setback from the Carlsbad Boulevard right of way.
• Agua Hedionda Lagoon: 50'setback from the property line along the
shoreline of the Lagoon. In cases where the top of the bluff is greater than 50
feet from the property line, the top of bluff shall mark the minimum setback
from the Lagoon.
• Interstate 5: 25' setback from Interstate 5 right of way.
• Setback requirements do not apply to:
• Future potential CRT alignments.
• Desalination facility pipeline alignments.
• SLS pipeline alignments and support bridge
• Reasonable modifications or expansion of existing minor stmctures
and improvements, including fencing and screen walls, utility poles
and towers; support stmctures (i.e., guard stations and aquaculture
buildings); detention basins, piping, and underground stmctures (i.e.
oil pumping stations); mandated pieces of equipment (i.e., pollution
confrol facilities) or other minor stmctures dictated by regional, state
or federal agencies; equipment required to support existing
operations (i.e. discharge basin, intake system and dredge support
equipment); and security measures.
• At the discretion of the City Planner, setbacks for the above facilities
may be required for public health, safety, and welfare purposes, such
as to allow adequate vehicle stacking or safe site distances.
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VIII. PUBLIC IMPROVEMENTS
A. OVERVIEW
Since the provision of necessary public improvements is one of the primary purposes of a
PDP per Zoning Ordinance Section 21.36.010 (3), this overview provides a summary of
compliance.
Public improvements for development will be secured through compliance with conditions
of approval consistent with permits issued for activities within the PDP area.
EIR 03-05 analyzed certain improvements associated with the CSDP for environmental
impacts and found no significant impacts will result from their implementation. These
improvements are described in detail in the EIR document, including pages 3-28 and 3-29;
they are referenced herein to indicate their required implementation for consistency with
this PDP.
These improvements (using EIR 03-05 references, and also depicted on Exhibit 7 of this
document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public
parking area which are generally located along Carlsbad Boulevard and the outer Agua
Hedionda Lagoon.
The EIR also addressed improvements regarding Carlsbad Boulevard widening generally
south of the PDP boundary, and installing a screen wall and landscaping for the EPS
frontage along Carlsbad Boulevard.
As part of the approval of PDP 00-02(B) and RP 05-12(A) for the EPS and CSDP,
appropriate public improvement conditions were imposed along and within the PDP. The
SLS has negligible if any Growth Management impacts and does not warrant improvements
to public facilities.
B. OTHER DOCUMENTS - DEVELOPMENT AGREEMENT
Another mechanism that will generate public improvement enhancements is the approval of
Development Agreement (DA 05-01 (A)) that involves the City of Carlsbad and Poseidon.
The Development Agreement is also discussed in Section III. J. within this document.
IX. PROCEDURES AND AMENDMENTS
A. PDP APPROVAL
In accordance with Section 21.36.040 of the Public Utility Zone, tiie PDP requires public
hearing approval by the City Council, after recommendation action by the Planning
Commission.
The City Council's approval of PDP 00-02(F) validates this document as the official PDP
for the subject P-U zoned properties.
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Page 29
B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED
USES
Any request for building permit issuance or an entitlement within the PDP area requires
review for consistency with the PDP.
Based on the location of the specific request, the Development Standards pertinent to the
subject site outlined herein require assessment for compliance. Implementation of this
document during building permit and entitlement review will assist the compliance with
applicable mitigation measures from EIR 03-05 and the MMRP for the CSDP, and the
MND and MMRP for the SLS, the PDP and the various other permits and regulations
affecting the PDP jurisdiction.
Coordination with other agencies may be necessary in certain cases.
C. FORMAL AMENDMENTS TO APPROVED PRECISE DEVELOPMENT
PLAN
Examples of the types of projects or land uses that would require a formal PDP
Amendment subject to City Council approval are listed below. The list is not all-inclusive;
the intent is to provide examples of the scale and magnitude of development that would
mandate formal amendment to the PDP.
• Any expansion of the CSDP to accommodate more than 50 MGD.
• Any proposal for technological restmcturing of the CSDP.
• An amendment initiated by City Council action in order to promote public health
safety and welfare relative to operations or uses within the PDP jurisdiction.
• Any addition, expansion, major modification or change of use that would exceed
the amount of change permitted by administrative approval consistent with
Carlsbad's Planning Division Policy No. 35 regarding Consistency
determinations (see VI. D. below).
• Any revision to the boundaries of the PDP area.
Formal amendments to the PDP shall be processed in accordance with the requirements of
Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City
Council approval.
Requests for a formal amendment to the PDP shall be submitted to the Planning Division
accompanied by necessary graphics, statements and other information including proposed
PDP text and exhibits to support the proposal.
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Page 30
D. CONSISTENCY DETERMINATION WITH APPROVED PDP
Certain improvements, modifications, maintenance activities or other future proposals may
be considered minor in nature and found to be consistent with the PDP.
In these circumstances, building permits may be issued without formal amendment to the
PDP.
The process to determine consistency with the PDP shall be according to Planning Division
Policy No. 35, Discretionary Permit Consistency Determination, as amended from time to
time.
Encina Power Station Precise Development Plan - PDP 00-02(F)
Page 31
Oceanside
Valley Center
Ramona
Santee
El Cajon
North
Note: All locatioru are approximate.
Imperial
Beach
REGIONAL A4AP
Encina Power Station Precise Development Plan
Exhibit 1
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EXHIBIT 8
Planning Commission Minutes April 16,2014 PagelO
4. GPA 14-01/ZCA 14-01/PDP 00-02(FVSP 144(0) - CECP AMENDMENT - Request for
recommendations of approval to adopt (1) a General Plan Amendment to modify the
description ofthe Public Utilities (U) land use designation to support the amended Carlsbad
Energy Center Project (CECP); (2) a Zone Code Amendment to the Public Utility (P-U)
Zone to repeal Ordinance CS-158 and revoke ZCA 11 -05; (3) an amendment to the Encina
Power Station Precise Development Plan as necessary to be consistent with the General
Plan and Zoning Ordinance; and (4) a Specific Plan amendment to repeal the Encina
Specific Plan. The City Planner has determined the project is exempt from the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section
15061(b)(3) and Carlsbad Municipal Code Section 19.04.070 A.1.c.(1).
Commissioner Siekmann recused herself from the dais due to being an intervener at the California Energy
Commission regarding the project.
Mr. Neu introduced Agenda Item 3 and stated Associate Planner Barbara Kennedy would make the staff
presentation.
Ms. Kennedy gave a brief presentation and stated she would be available to answer any questions.
Chairperson Black asked if there were any questions of Staff. Seeing none, Chairperson Black asked if
there were any members of the audience who wished to speak on the item.
Chairperson Black opened public testimony on Agenda Item 4.
David Voss, 7743 Lucia Court, Carlsbad, representing North County Advocates, stated his concerns about
the proposed peaker plant.
Chairperson Black asked if there were any other members of the audience who wished to speak on the
item. Seeing none, he closed public testimony on Agenda Item 4 and asked staff to respond.
Gary Barberio, Assistant City Manager, stated the project before the commission has to do with zoning and
land use.
DISCUSSION
Commissioner Segall stated he supports the project as it is procedural in nature.
Commissioner Anderson stated her support of the project.
Commissioner L'Heureux thanked Mr. Barberio for his presentation at the previous Planning Commission
meeting and also stated he supports the project.
Commissioner Scully also stated her support of the project.
Chairperson Black also supports the project.
MOTION
ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission
adopt Planning Commission Resolutions No. 7039, 7040, 7041 and 7042
recommending approval of a General Plan Amendment (GPA 14-01), Zone Code
Amendment (ZCA 14-01), Precise Development Plan Amendment (PDP 00-02(F)),
and Specific Plan Amendment (SP 144(0)) subject to the findings contained therein.
VOTE: 5-0
AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux,
Commissioner Scully and Commissioner Segall
NOES: None
ABSENT: Commissioner Siekmann
ABSTAIN: None
EXHIBIT 9
PDP 00-02(EF)
Exhibit X-PDP 00-02(EF)
September?, 2011
Encina Power Station
Precise Development Plan
September 7,2011
April 16,2014
PREPARED BY:
City ofCarlsbad
Planning DepartmentDivision
1635 Faraday Avenue
Carlsbad, Califomia 92008
PROPERTY OWNER:
Cabrillo Power I LLC
4600 Carlsbad Boulevard
Carlsbad, Califomia 92008
ORIGINAL PDP 00-02 PREPARED BY:
Hofman Planning and Engineering
3152 Lionshead Avenue
Carlsbad, Califomia 92010
Encina Power Station Precise Development Plan
PDP 00-02
Plan and text to provide land use information, procedures and standards; to depict the existing Encina Power
Station; and to approve the Carlsbad Seawater Desalination Plant (CSDP)
APPROVED BY:
Planning Commission Resolution No.6088. Mav 3. 2006
Citv Council Ordinance No. NS-806. June 20. 2006
PDP 00-02rA) - WITHDRAWN
PDP 00-02(8)
(An amendment to reconfigure the approved CSDPI
APPROVED BY:
Planning Commission Resolution No.6632. August 19. 2009
Citv Council Ordinance No. NS-CS-058. September 22. 2009
*****
PDP 00-02(0
(An amendment to incorporate the Agua Hedionda Sewer Lift Station and Trunk Line into the PDP)
APPROVED BY:
Planning Commission Resolution No.6817. October 5. 2011
Citv Council Ordinance No. CS-167. December 13. 2011
PDP 00-02(D) - VOID
PDP 00-02(E)
(Changes to power plant standards to clarify that the Encina Power Station is not consistent with the General
Plan or Zoning Ordinance due to its location in the coastal zone and its power generation capacity)
APPROVED BY:
Planning Commission Resolution No.6806. September 7. 2011
Citv Council Ordinance No. CS-159. October 11. 2011
PDP 00-02(F)
(Revisions necessary to support the amended Carlsbad Energv Center Proiect ( CECP )
APPROVED BY:
Planning Commission Resolution No. . April 16. 2014
City Council Ordinance No. . 2014
no
ENCINA POWER STATION - PRECISE DEVELOPMENT PLAN
TABLE OF CONTENTS
I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT 447
B. ZONING ORDINANCE COMPLIANCE 437
C. RELATIONSHIP TO SPECIFIC PLAN 111 9 m:
ESTABLISHMENT OF BASELINE CONDITIONS 448
&D
BUILDING PERMIT ISSUANCE FOR ALLOWED USES
II. PHYSICAL SETTING
A. ESTABLISHMENT OF PDP PLANNING AREAS U9
B. EXISTING LAND USES AND CONDITIONS 449
C. APPROVED CARLSBAD SEAWATER DESALINATION FACILITY +«i2
D. PROPOSED SEWER LIFT STATION 4^n
E. SURROUT-iDING DE\^ELOPME>JTSAMENDED CARLSBAD ENERGY CENTER
PROJECT- 44J3
F. SURROUNDING DEVELOPMENTS 3014
III. INCORPORATION OF APPLICABLE REGULATIONS AND DOCUMENTS
A. EIR 03-05. ADDENDA. AND&-MND MITIGATION MONITORING & REPORTING
PROGRAM (MMRP) 24.t5
B. MND MITIGATIO^^ MONITORING & REPORTI>}G PROGR\MPDP 00-02(0-
MITIGATED NEGATD/E DECLARATION AND MMRP 2115
C. CITY OF CARLSBAD GENERAL PLAN 22]6
D. SPECIFIC PLAN 111 (L) 14
&D
SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN-PROJECT (SCCRP) .. ^jH 6
F. E
LOCAL COASTAL PROGRAM COMPLIANCE 3417
G. F
GROWTH MANAGEMENT PROGRAM COMPLIANCE 34J8
HTG
COMMUNITY THEME CORRIDOR: CARLSBAD BOULEVARD 3619
IrJi COASTAL RAIL TRAIL 34jl9
J^LHABITAT MANAGEMENT PLAN 3720
K.LDEVELOPMENT AGREEMENT-DESALINATION FACILITY 3^20
LrK
REGIONAL, STATE, FEDERAL OR AGENCY JURISDICTION 3«21
rv. DEVELOPMENT STANDARDS 3922
V. PUBLIC IMPROVEMENTS
A. PUBLIC IMPROVEMENTS OVERVIEW ^29
Encina Power Station Precise Development Plan - PDP 00-02(eF}
Page 1
B. OTHER DOCUMENTS-DEVELOPMENT AGREEMENT ^29
VI. PROCEDURES AND AMENDMENTS
A. PDP APPROVAL ^729
B. BUILDING PERMIT ISSUANCE FOR ALLOWED USES }%30
C. FORMAL AMENDMENTS TO APPROVED PDP 3930
D. CONSISTENCY DETERMINATION WITH APPROVED PDP 5931
Encina Power Station Precise Development Plan - PDP 00-02(CF)
Page 2
LIST OF EXHIBITS
EXHIBIT 1: Regional Map
EXHIBIT 2: Vicinity Map
EXHIBIT 3: Cabrillo Power Properties - Zoning Map
EXHIBIT 4: Cabrillo Power Properties - General Plan Map /Local Coastal Program Boundary
EXHIBIT 5: PDP 00 02 and SP HI Plan Boundarioo/Public Dedication
EXHIBIT 6: Cabrillo Powor/SDG&E Owiiership Map
EXHIBIT 75: PDP Planning Areas
EXHIBIT S6: Site Plan with CSDP and SLS
EXHIBIT 9: PA 1 Existing Conditions
EXHIBIT 10: PA 2 Existing Conditions
EXHIBIT 11: PA 3 Existing Conditions
EXHIBIT 12: Before/After Desalination Plant: Aerial Photo Simulation
EXHIBIT 13: Conceptual Photo Simulation ofthe SLS
EXHIBIT_-447: South Carlsbad Coastal Redevelopment Plan Boundary/Public Dedications
Encina Power Station Precise Development Plan - PDP 00-02(eF)
Page 3
Ho
APPENDIX ITEMS
Encina Power Station/Specific Plan 144: Backgroimd History
ft Desalination Plant: detailed exhibits and drawings (Rc\iGed per PDP 00 02(B))
G< Sew^er Lift Station: detailed exhibits and drawings (Revised por PDP 00 02(C))
ft Applicable Ordinances, Resolutions and Regulations
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 4
GLOSSARY OF TERMS
AHL
Cabrillo
CEC .
CCC
CECP
CEQA
City
CRT
CSDP
EIR
EPS
EWPCF
Lagoon
LCP
LFMP
MMRP
MGD
MND
NCTD
PA
PDP
Poseidon
PRC
SCCRP
SDCWA
SDG&E
SLS
SP144
Agua Hedionda Lagoon
Cabrillo Power I LLC
California Energv Commission
Califomia Coastal Commission
Amended Carlsbad Energv Center Proiect*
Califomia Environmental Quality Act
Cityof Carlsbad
Coastal Rail Trail
Carlsbad Seawater Desalination Plant
Environmental Impact Report
Encina Power Station
Encina Wastewater Pollution Control Facility
Agua Hedionda Lagoon
Local Coastal Program
Local Facilities Management Plan
Mitigation Monitoring and Reporting Program
Million Gallons per Dav
Mitigated Negative Declaration
North County Transit District
Planning Area
Encina Power Station Precise Development Plan
Poseidon Resources Corporation
Poseidon Resources Corporation
South Carlsbad Coastal Redevelopment Plan
San Diego County Water Authority
San Diego Gas and Electric
Proposed Agua Hedionda Sewer Lift Station and Associated Improvements
Specific Plan 144
*As described in the .kiniiarv 14. 2014. settlement agreement approved hv and attached to Citv Council
Resohaiun 2014-010.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 5
/"If
^-0
INTRODUCTION
• The-This Precise Development Plan (PDP) is intended to serve as an informational and
regulatory document to meet the City's zoning requirements for the Public Utility Zone^ as the zone
applies to the Encina Power Station (EPS). Theis PDP applies to BPS-is-approximately 95 acres of
property owned bv Cabrillo Power I LLCm-s«e. The property-^d is located between Cannon
Road and the south shore of the Agua Hedionda Lagoon (AHL) and extends east from Carlsbad
Boulevard to Interstate 5. along the south shore of Aguo Hedionda Lagoon (AHL).
Within the PDP are four existing, primary uses (Exhibit 6):
1. The Encina Power Station (EPS), which is owned and operated bv Cabrillo Power I LLC
and Carlsbad Energy Center LLC (collectively. NRG.) The primary function of the EPS is
electrical power generation. The EPS is currently capable of producing 965 Megawatts
(MW) of electricity and providing roughly 25% of San Diego County's total energv
requirements.
• Electrical power generation is the primary function ofthe EPS.
•-
The EPS is currently capable of producing 965 Megawatts (MW) of electricity and
providing 25% of San Diego County's total energy requirements.
The EPS is owned by Cabrillo Power I L.L.C.
The EPS has a Public Utilities ("U") General Plan land use designation. Primary functions
of the U designation may include generation of electrical energy, including by thermal
electric power generating facilities such as the Encina Power Station, outside the Coastal
Zone only.
The EPS has a Public Utility ("P-U") zoning. In the P U Zone, generation of electrical
energy is not a permitted use in the Coastal Zone but is permitted as an accessory use in the
Coastal Zone if it generates fewer than 50 megawatts. The P U Zone also clarifies that a
generating capacity of 50 megawatts or more is prohibited in the Coastal Zone.
Whether inside or outside of the Coastal Zone, generation of electrical energy, including as
an accessory use, is only acceptable if by a government entity or by a company authorized
or approved for such use by the Califomia Public Utilities Commission. Cabrillo Power I
L.L.C. currently generates electricity at the Encina Power Station as authorized by tho
California Public Utilities Commission.
The EPS is located inside the Coastal Zone. Because of its location, primary function and
generating capacity, the EPS is inconsistent with the General Plan and not a permitted use
in the P U Zone or this PDP.
The PDP was the primary approval process for the The Carlsbad Seawater Desalination
Project (CSDP). a facility which when completed in 2016 will produce ar-50 million gallon
pe-F -^a-vMGD of desalinated water for distribution to the San Diego County Water
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 6
Authority's Second Aqueduct and the region's water supplyfe6i4ity. at the EPS. The CSDP
is owned by Poseidon Resources Corporation, owner of the CSDP, w^iieh-has entered into a
long-term lease with Cabrillo Power I LTLTC.
2.
-3.
The PDP is also the primary^ approval process for the Agua Hedionda Sewer Lift Station
{SLS)r-a--5^^-W^*f^"^Ql^-^ty~^ewef^^^ and associated improvements are part of a
regional sewage collection system (Vista/Carlsbad Sewer Interceptor System) which
receives sewage flow fi'om the cities of Vista and Carlsbad. The SLS is maintained and
operated by Encina Wastewater Authority (EWA) by agreement with the cities. It has been
approved for expansion and upgrade with construction scheduled to begin in late 2014.
at the EPS.
Upland aquaculture operations and processing areas.
Within the boundaries of the PDF, between the railroad tracks and Interstate 5. NRG has
received approval to construct a 558 Megawatt pow'er plant, the '"Carlsbad Energy Center Project."
The California Energy Commission licensed (approved) this project in 2012. but the project has not
been constructed.
Since the licensing, dramatic changes in the Southern California energy supply environment
have occurred due to the unexpected closure of the San Onofre Nuclear Generating Station. This
has resulted in an accelerated and increased need for power. Additionally, San Diego Gas and
Electric has indicated interest in purchasing power trom the CEC^. but only if NRG was willing to
change the proposed technology of the CECP and seek approval of the change from the CEC.
In response. NRG is proposing to amend its approval and build a power plant that is more
enviromnentallv friendly, has a lower profile, and uses "pealcer configuration" technology, among
other things. Furthemiore. NR.G is interested in submitting its amendment proposal to the Energy
Commission, but onlv if the Citv of Carlsbad would be suppoili ve of such an application.
The purpose of Precise Development Plan Amendment PDP 00-02(F) is to support City Council
Resolution 2014-010, dated January 14, 2014, which authorized the Mayor to execute an agreement
(Agreement) between the City ofCarlsbad (Citv), the Carlsbad Municipal Water District (CMWD),
Cabrillo Power I LLC and Carlsbad Energv Center LLC (collectively NRG), and San Diego Gas &
Electric (SDG&E) addressing City and CMWD support for a change in the proposed technology of
the approved Carlsbad Energy Center Proiect (CECP) Plant and the submittal of a Petition to
Amend (PTA) application to the California Energy Commission (CEC) for approval of this
technology change. This support is conditioned upon the decommissioning, demolition and
removal of the EPS by a specific date, removal of all NRG facilities located west of the railroad,
and remediation of the current Encina Power Station (EPS) site, as well as other infrastmcture and
property considerafions beneficial to the residents ofCarlsbad. Resolution 2014-010 also directed
staff to review the City's prior legislative actions conceming the CECP and recommend changes, if
any, as may be needed to reflect the changed circumstances, reduced enviromnental profile and
significant commimity benefits associated with the amendment.
The future Amended CE'lCP electric generating plant and related facilities are under the
California Energv Commission's licensing jurisdiction and cannot be constructed or operated
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 7
without the Energy Commission's certification. It is the CEC, not the City ofCarlsbad. which has
review approval and authority over the future Amended CECP.
The PDP:
a. Depicts the existing land uses and baseline conditions.
b. Establishes development standards consistent wdth applicable land use standards such as
the General Plan, Specific Plan 144, Agua Hedionda Land Use Plan and Zoning
Ordinances.
c. Includes provisions for administrative approvals for minor accessory uses and facility
modifications necessary for daily power generation, desalination, sewer treatment, and
other operations and to meet security requirements, consistent with the limitations of the
EPS as a use inconsistent with the General Plan and Zoning Ordinance.
d. Establishes PDP amendment procedures.
d. Facilitates building permit issuance for allowed land uses at the EPSwithin the PDP
area.
e. Recognizes that NRG has begun the process to completely shut down and demolish the
Encina Power Station structures and begin the process to remediate and redevelop the
site.;;
t Identifies the location for the fiiture development of the Amended CECP proiect which
proposes a plant that is more environmentallv friendly, lower profile, utilizes "peaker
configuration" technology, and which caps the amovmt of power generation and hours
of operation.
g. Establishes PDP amendment procedures.
PDP Chapters:
I. Purpose of the Precise Development Plan
II. Physical Setting
III. Incorporation of Applicable Regulations and Docimients
IV. Development Standards
V. Public Improvements
VI. Procedures and Amendments
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 8
I. PURPOSE OF THE PRECISE DEVELOPMENT PLAN (PDP)
A. P-U ZONE AND PDP REQUIREMENT
The Encina Power Station (EPS)PDP project area, located on the southem shore of Agua
Hedionda Lagoon (AHL), west of Interstate 5 and east of Carlsbad Boulevard, has a Public
Utility (P-U) zoning designation per City of Carlsbad land use regulations. Exhibit 1
(Regional Map) and Exhibit 2 (Vicinity Map) locate the site within the northem San Diego
County coastline. The history and operations of the powerplant are simimarized in
Appendix A. Standards for the EPS were originally approved by Specific Plan 144
(SP-144) in 1971. Subsequently, in 1975, the P-U zone was revised to require approval of
a PDP prior to development.
A stmimary of the 50 MGD approved facility CSDP owned by Poseidon Resources
Corporation is provided in Section II.C of this document. In addition, a smnmary of the 50
MGD SLS owned by the City ofCarlsbad is provided in Section II.D of this doctmient.
The Public Utility Zone, Chapter 21.36 of the Carlsbad Mimicipal Code, implements the
corresponding General Plan designation of Public Utilities (U). Exhibit 3 (Zoning) and
Exhibit 4 (General Plan) depict these land use designations, respectively. Section
21.36.020 of the PU Zone Chapter The Usts of permitted uses and structures (Section
21.36.020) in the PU Zone . Per Section 21.36.020, generation of electrical energy is a
permitted, primary use outside the City's Coastal Zone only but is permitted as an
accessory use in or outside the City's Coastal Zone only if it is limited to a generating
capacity of fewer than 50 megawatts. Further, Section 21.36.020 clarifies that generation
of electrical energy, whether as a permitted primary or accessory use, is only acceptable if
by a government entity or by a company authorized or approved for such use by the
Califomia Public Utilities Commission-
Other permitted uses in the P-U Zone include the includes the generation and transmission
of electrical energv. energy transmission facilities if conducted by a government entity or
by a company authorized or approved for such use by the Califomia Public Utilities
Commission, use and storage of fiiel oils, energy transmi ssion, wastewater facilities, and
related facilities.
The processing, use, and storage of domestic and agricultural water supplies are also
identified as permitted uses in the P-U Zone. Accordingly, the existing EPS and CSDP,
approved SLS. and Amended CECP are permitted uses.
since it entails processing, use and storage of domestic water supplies, the approved CSDP
is-a permitted-use in x\w~^i^-^--Ze^7-Thii-P--y''--Ziom add-iti^natiy-^-per-mits-facil-iti-es--that
dispose, treat, and reclaim wastewater; accordingly the SLS is also a permitted use.
Section 21.36.030 of the P-U Zone prevents the issuance of any building permits or
entitlements "until a precise development plan has been approved for the property". This
document is prepared consistent with the requirements of the P-U Zone, and serves as the
site's official PDP. The PDP serves as the primary entitlement for the CSDP and SLS.
In the future, tThe CSDP, SLS, and other potential improvements contemplated for the
EPSwithin the PDP area w4H--require building permits as necessary .j eOther future
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 9
improvements may also require entitlements, including amendments to this PDP.
Additionally, Ssince the EPS-PDP project area is within the boxmdaries ofthe SCCRP, it is
subject to the provisions of this plan as discussed fiirther in Section III. BD.
B. ZONING ORDINANCE COMPLIANCE
Section 21.36.010 states that the intent and purpose of the P-U zone is to provide for
certain public utility and related uses subject to a precise development plan procedure to:
"Insure compatibility of the development with the General Plan and the surrounding
developments"
The PDP satisfies the above by providing:
1. a baseline of existing conditions (December 2010)
2. guidance for building permit and entitlement issuance for allowed uses
3. estabhshment of plarming areas
4. development standards that require General Plan compliance
5. amendment and implementation procediu-es
6. linkage to other related regulations, approvals, and documents
Consistency with the General Plan will allow for continued compatibility with the
surrounding developments in the adjacent area, further discussed in lI.E of this docimient.
A list of related regulations, approvals, and documents is provided in Appendix D.
"Insure that due regard is given to environmental factors "
The certification of an Environmental Impact Report (EIR) was processed concurrent with
the approvals for the CSDP, as well as this PDP. EIR 03-05 and implementation of the
corresponding Mitigation Monitoring and Reporting Program (MMRP) satisfied the above
regarding adequate environmental review.
The adoption of a Mitigated Negative Declaration (MND) for the SLS was processed
concurrent with the approvals for the SLS, as well as feis-the associated PDP amendment
(PDP 00-02(C). The MND, and implementation of the corresponding MMRP, is adequate
environmental review for the project.
Environmental review for the fiiture development of the Amended CECP, including shut-
down and demolition of the EPS and remediation of the site, will be required in accordance
with CEQA and conducted by the Califoniia Energv Commission. The California Energv
Commission is the lead agency under the California Environmental Quality Act (CEQA)
for the Amended CECP and has a certified regulatory program under CEQA. Under its
certified program, the Energv Commission is exempt from having to prepare an
environmental impact report. Its certified program, how^ever. does require environmental
analysis of the project, including an analysis of alternatives and mitigation measures to
minimize any significant adverse effect the project may have on the environment.
Encina Power Station Precise Development Plan - PDP 00-02(eF)
Page 10
Future projects not subject to the CEC or CPUC will require CEQA review by the Citv of
Caiisbad prior to issuance of entitlements or permits.
"Provide for public improvements and other conditions of approval necessitated by the
development"
The above will be satisfied by compliance with conditions of approval for related permits
of uses allowed by the PDP, including the CSPD CSDP and SLS. Public Improvements are
addressed in Chapter V.
RELATIONSHIP TO SPECIFIC PLAN-144
Specific Plan 144-fSP-444)-was appr&\-^4--lw-4he-Cit^^-0f C^^^
powerplant and all related property owned at that time by San Diego Gas & Electric
(SDG&E). That included water and southem shoreline areas of AHL east of Interstate 5: in
addition to areas west of 1- 5. B)xhibit 5 depicts the overlapping boundaries of SP 144 and
the-PDP-v
The ow nership of the powerplant property by C^abrillo Power I LLC (Cabrillo) is combined
with their ownership of adjacent lagoon waters west and east of 1-5. PDP provisions apply
(>Bly--te--#ie--ktB4--a}-ea ovvHed-by-Cahriile--aftd--i^ie4^-4j-sinc-^^ lagoon-water is zoned
Open Space (OS). Exhibit 6 depicts the corresponding property ownerships of SDG&E and
Cabrillo as well as the boundaries ofthe PDP.
One of the--Fetoe4--entirieme»t-s--feF-4}ie---S^ —In 2006,
SP 144(H) was formally adopted to includethe PDP area into the Specific Plan. SP 144(H).
therefore, is noted in Chapter III (Incorporation of Applicable Regulations and Documents).
SP 144(J) is the amendment that corresponds with amendment to the PDF via PDP 00-
{;e(B)4<M-the-G;S&P-appFeved4H-5()0%-SP--m^^ as-^-€H--as4W-4)0-()2{A).---are-the44te
numbers that were assigned to an application by the powerplant for a re-powering proposal,
that ijistead is regulated by the California Energy Gonmiission and therefore may not be
subject to PDP or SP 144 provisions. Pertinent provisions from SP 144 are incorporated
into Chapter IV, Development Standards. SP 144(L), as well QS PDP 00-02(C). are the
amendments that incorporate the SLS into the two documents. SP 144(N) incorporates to
recognize die amendments put tbrth by PDP 00 Q2(E).
D. ESTABLISHMENT OF BASELINE CONDITIONS
The existing conditions and land uses within the P-U Zone as it relates to the EPSthis site
are established. This is an important fiinction of the PDP since it will serve as the
development baseline for any fiiture-proj ect implementation at the EPSthis site, such as the
approved CSDP and approved SLS expansion and upgrade. Existing conditions and land
uses are outlined in Chapter II, Physical Setting.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 11
E. BUILDING PERMIT AND ENTITLEMENT ISSUANCE FOR PDP USES
This document is designed to ensure compliance with applicable regulations prior to the
issuance of any building permit or entitlement for development within the PDP jurisdiction.
Chapter IV provides development standards, outlines allowed and conditional uses, and
establishes other provisions. In addition. Chapter III of the PDP incorporates by reference
all other applicable regulations, permits and documents.
By providing a PDP for the property as required by the Zoning Ordinancer-j_and as a guide
to assess implementation compliance, this document facilitates building permit and
entitlement issuance procedures.
II. PHYSICAL SETTING
A. ESTABLISHMENT OF PDP PLANNING AREAS
Exhibit 7-5_(PDP Planning Areas) shows the PDP area and corresponding Plarming Area
boundaries.
The Assessor's Parcel Numbers (APN) for the land within the PDP are 210 010 11 andjs
210-010-4346. As determined by these APNs the area of the PDP is approximately 95 J.
acres.
B. EXISTING LAND USES AND CONDITIONS
The EPS and the AHL are well-established features of coastal North County, AHL is
connected with the ocean at the mouth of the jetty west of Carlsbad Boulevard and just
south of Tamarack State Beach. The lagoon is bridged by Carlsbad Boulevard, the NCTD
railroad, and 1-5. The lagoon is an integral part of the EPS since it provides the source of
seawater that is vital to the cooling operations of the power plant's steam turbines in
service.
Exhibit ^6_(Site Plan with CSPD and proposed SLS) as well as the exhibits contained in
Appendix B & C shows existing structures, paved and parking areas at the EPS, and the
locations of the as well as the approved CSPDCSDP, SLS, aquaculture operations and
proposed SLS locationsfuture Amended CECP. Planning Areas 1, 2, and 3 are also
depicted on this exhibit.
Most existing structures and uses described for each of the planning areas below are part of
the EPS. However, generation of electrical energy is not a permitted use in the Coastal
Zone unless it an accessory use and generates fewer than 50 megawatts. A generating
capacity of 50 megawatts or more is prohibited in the Coastal Zone.
Planning Area 1 (PA 1)
Planning Area 1 depicted on Exhibit 9 consists of approximately 46 acres and is generally
located south of the outer AHL, and adjacent to Carlsbad Boulevard. PA 1 contains the
Encina Power Station Precise Development Plan - PDP 00-02(eF)
Page 12
most recognizable features of the ptotEPS: the power generating facility and emissions
stack are located on the westem portion of this Planning Area.
The boiler/turbine building is the main building onsite and is approximately 200 feet in
height. The stack reaches a maximum height of 400 feet. Other facilities located in PA 1
include water, steam, and natural gas pipelines. An NCTD rail line forms the eastem
boundary.
The primary land uses in PA 1 are the power generating facility and emissions stack,
support facilities, the electrical switching station and related facilities, the water intakes,
and the discharge pond. Two ammonia storage tanks that support the Selective Catalytic
Reduction SCR (pollution control technology) are located within this PA. The perimeter
landscaping along Carlsbad Boulevard and a portion of the south shore of the outer AHL
basin is also located within PA I.
In addition to the major structures listed above, the main entrance to the EPS is located in
Plaiming Area I, at 4600 Carlsbad Boulevard, south of AHL. The seawater desalination
demonstration facility is also located in PA 1 just east of the main guardhouse. A portion of
the CSDP, including the intake pump station and intake & discharge pipelines, are located
in PA 1.
A total of 174 spaces are available at various parking lots within Planning Area 1, shown
on Exhibit 9, to serve existing uses and the CSDP (Parking discussed in IV).
Other Existing Onsite Uses in PA 1 include:
o Chemical and chemical waste storage tanks
o Water tank storage facilities
o Mobile Office Trailer (4,330 square feet)
o Communications facilities
o Construction materials storage
o Fabrication/machine shops
o Vehicle storage areas
o Shipping/receiving areas
o Administrative support areas
o Fire brigade facilities
o Trash recycling facilities
o Processing, use and storage of natural gas, and liquid natural gas
o Processing, use and storage of water supplies
o Fuel oil pipelines and booster stations
o Maintenance, storage and operating facilities
o Railroad access and loading/unloading facilities
o Seawater desalination demonstration facility
o Discharge pond
o Seawater intake
o Upland aquaculture operations and processing areas
Encina Power Station Precise Development Plan - PDP 00-02(€F)
Page 13
The Selective Catalytic Reduction (SCR) facility and related equipment are located to the
southeast of turbine Unit 5 of the power generating facility. Components related to
implementation of the SCR facility located onsite include: two aqueous ammonia storage
tanks, truck unloading station, and piping from the storage tanks to the boilers.
The seawater desalination demonsfration facility is located north of the main gate off
Carlsbad Boulevard. The seawater desalination demonsfration facility supply pump is
capable of diverting up to 200 gallons per minute (GPM) of the EPS cooling water into the
demonstration facility. The objective of the demonstration plant is to develop data for the
monitoring of the firtwe-fuU-scale (50 MGD) CSDP facility.
This demonstration facility utilizes approximately 23 existing parking spaces, which will be
re-established when the seawater desalination demonstration facility is no longer needed
onsite. The area is surrounded by trees and shrubs, which serve to screen the facility from
views along Carlsbad Boulevard and from the north shore of the AHL. The maximum
height of this facility is less than 20 feet.
Planning Area 2 (PA 2)
Planning Area 2, shown on Exhibit 10, is approximately 34 acres in size. PA 2 is the site
for the future Amended CECP. It currently contains four large fiiel oil storage tanks, which
are generally located between 1-5 and the NCTD railway, and north of the overhead
electrical transmission lines. Fuel oil was formerly the primary fiiel source used to fire the
electricity generating boilers at the EPS. However, beginning in the 1970s, the EPS
switched to use natural gas as the primary fiiel consumed in the production of electricity
because of its lower emissions and costs. In recent years As late as 2001, natural gas
curtailments to the EPS resulted in an increased, though intermittent reliance on fiiel oil.
This situation could occur again in future years if energy supply and demand reach peak
lev-els-and natural gas availabi-hty-is scaree-.-
The land use activities in this planning area are not readily visible to offsite viewers as the
storage tanks are set below grade and are fiirther visually screened by west-facing, east-
facing, and north-facing landscaped berms.
The primary existing land use activity in this planning area is the storage of fuel oil.
Similar to PA I, other existing activities in this PA include:
o Processing, use and storage of natural gas and liquid natural gas
o Processing, use and storage of water supplies
o Use and storage of petroleum-based fiiels and fuel oils
o Fuel oil pipelines and booster stations
o Maintenance, storage and operating facilities
o Communications facilities
o Administrative and training support facilities
o Dredging operations facilities and storage
Existing ancillary land uses in PA 2 also include the Carlsbad sewer lift station, which will
be demolished once the SLS, to be located adjacent and east of the existing sewer lift
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 14
station within PA 2, is constructed^ (Exhibit 10 depicts the location ofthe SLS). The SLS
also includes new sewage and recycled water pipelines that extend across PA 2 from north
to south, just east of the NCTD railway. An EPS materials and equipment storage is another
ancillary use in PA 2. A landscaped berm is partially sited within this planning area as a
means of visually separating the fiiel oil storage tanks from southbound travelers on 1-5 and
Carlsbad Boulevard. Fire training is intermittently conducted within this planning area.
Planning Area 3 (PA 3)
Plarming Area 3, shown by Exhibit 11, is approximately 14 acres in size and contains three
two small fiiel oil tanks known as Fuel Tanks 1 and^ 2._ and 3 (Fuel Tank 3 waswill be
removed to accommodate the approved CSDP). These tanks are located south of the outer
basin of the AHL and adjacent to and west of the NCTD tracks.
PA 3 and an adjacent portion of PA 1 is the location of the CSDP.
Power generation-related facilities located in this planning area include the three-two
smaller fiiel oil tanks, above ground and underground fiiel tanks, and water treatment
facilities. Other existing onsite uses in this PA include:
o Use and storage of petroleum-based fiiels and fuel oils
o Wastewater freatment facilities
o Wastewater and/or brackish water treatment, disposal, storage and
reclamation facilities
C. APPROVED CARLSBAD SEAWATER DESALINATION
FACILITYPROJECT (CSDP)
The 50 MGD CSPD was apptH.)ved t^f-«is located in a portion of PA I and an adiacent the
portion of PA 3 cun-ently fonnerly occupied by Fuel Tank 3. , the southernmost tank.
Appendix B contains engineering Engineering drawings depicting various components of
the CSDP and building elevations are on file in the Planning Division.
When fiilly operational, the approved CSDP will have the capacity to deliver up to 50
MGD of Reverse Osmosis (RO) permeate (product water) to the City of Carlsbad,
neighboring agencies and/or other regional partners. The CSDP is described with detailed
analysis in certified EIR 03-05; and EIR 03-()5-(VV|r"an---^-ddefldun%--4€>-4he—certified
EIRsubsequent addendums. A summary is provided below.
The project includes a desalination plant, pipelines and other appurtenant facilities.-ftiel
Tank-3—and surretmding-earthen containment dikes and adjacent-i>aved-afeaswill be
removed to accommodate the approved desalination plant. Detailed exhibits and a
preliminary grading plan ofthe approved facility are included in Appendix B.
_Appurtenant facilities are-assetM-ated with-the--4esaHnat-i0n-4{icility. consistent-^vith-the
preject description in certified EIR 03-05 and EIR. 03••05(A): such- asincludeT intake and
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 15
discharge pipes, product water pipeline, fransformers, electrical connections and solids
handling building. These appurtenant facilities are approved primarily in PA 3 and PA 1.
Ground level and aerial photo simulations of the facility are provided in EIR 03-05. Exhibit
12 shows a before/after conceptual aerial photo simulation ofthe CSDP.
Offsite infrastructure and facilities to carry and store product water are not included as part
of the PDP as they are not proposed to be located on P-U zoned properties and, therefore,
not subject to PDP provisions.
Source water for the project vyill come from seawater in the existing cooling water system
at the EPS. Appendix B, Exhibit F provides a process flow diagram for the CSDP.
Seawater would be diverted from the combined outlet of the power station condensers and
piped to the CSDP. The source water vyill be pre-treated and filtered through RO
membranes to produce high quality drinking water. The product water would be stored
temporarily in on-site facilities prior to transmission to an offsite conveyance system.leeal
and/or-f egi^ial-sti^age-and-disfri butien-s¥st A large diameter pipeline, approved along
the east boundary of PA 1, would convey product water from the desalination plant in a
southerly direction to offsite infrastructure and facilities.
These product water pipelines, and the new offsite pipelines that would be constructed for
conveyance of the product water to the City of Garlsbad. neighboring water agencies and/or
the San Diego County Water Authority, are described in certified EIR 03-05 and
subsequent addendumsElR 03 05(A).
Cooling water from the condensers of all five units of the power generating stmcture flows
into a common discharge tunnel. The concrete discharge tunnel conveys the cooling water
into an on-site discharge pond before traveling through box culverts under Carlsbad
Boulevard into a riprap-lined channel with a surface discharge into the Pacific Ocean.
The CSDP will operate up to 24 hours a day, 7 days a week. This facility will produce
water continuously and will be staffed at all times. Maintenance will be conducted onsite
as is customary and standard for such a facility or otherwise required by equipment
manufacturer specifications.
D. PROPOSED AGUA HEDIONDA SEWER LIFT STATION (SLS)
The entire project involves the installation of a sewer tmnk line (3,960-foot long force
main and a 8,420-foot long gravity sewer line) to be located between the San Diego
Northem Railroad (BNSF) right-of-way to the west and the 1-5 freeway to the east: a
sewer lift station (50 MGD capacity); a sewer support bridge (140-foot weathered steel
span): and associated improvements on the Vista/Carlsbad Sewer Interceptor System
(Segments VCll,. VC12,v VCI3,7 VC 14R and VCI5 as referenced in the City of
Carlsbad's 2003-2012 Sewer Master Plan). The project also includes the demolition of the
wood trestle for the existing sewer line and the option of relocating a section of an existing
high pressure gas transmission line from its existing trestle bridge (and removal of the
bridge) to the new sewer bridged. However, most of the bridge, except the southem
abutment, and offsite infrastmcture (proposed improvements to the north and south of PA
Encina Power Station Precise Development Plan - PDP 00-02(€F)
Page 16
2) are not included as part of the PDP amendment as it is not proposed to be located on P-
U zoned properties and, therefore, not subject to PDF provisions.
The SLS will involve a series of three stmctures (two of which vyill be primarily
underground). These stmctures will be constmcted in an area approximately 80- to 100-
feet southeast of the existing sewer lift station. These three stmctures are the main lift
station, a smaller grinder facility, and a still smaller bio-filter stmcture. The large main
stmcture will be fitted into the terrain of the site with exterior walls fiinctioning as soil
retaining walls, resulting in the facility being situated mostly below grade, with only the
south and westem walls visible up to 25.5 feet in height. The lift station stmcture will be
stained earth-tone colors, with wall texturing for shadowing to fit into the surrounding
area. The existing station and adjacent overflow basin will be removed to accommodate
the SLS.
The project also proposes a number of associated improvements in the same work area,
including installation of a sewer gravity connector line, sewer force main, 12-inch recycled
water line, and replacement of a 3" potable water line with a 6" potable water line. Plans of
the SLS are provided in appendix C and a photo simulation is provided in Exhibit 13.on
file in the Planning Division.
E. AMENDED CARLSBAD ENERGY CENTER PROJECT
The future Amended CECP would be located on a smaller site south of the middle section
of the Agua Hedionda Lagoon, between 1-5 and the railroad tracks. The four fuel oil tanks
that are currentiv located in this area would be demolished. The Amended CECP would
generate electrical energy using fossil fuel (natural gas), and would be built and operated
using "peaker configuration" technology that is environmentallv friendly and within
stmctures with a lower profile. According to the Agreement dated January 14, 2014. the
Amended CECP is subject to a cap limiting the amount of power generation facilities
allowed on site and the hours of operation. Additionally, the city's support of the proiect is
contingent upon the decommissioning, demolition and removal of the EPS by a specific
date, removal of all NRG facilities located west of the railroad, and remediation of the
current Encina Power Station site, as well as other infrastructure and property
considerations.
fivF. SURROUNDING DEVELOPMENTS
As a major electrical generating facility in San Diego County, the EPS is a distinct regional
land use presence. Land uses surrounding the PDP area include residential neighborhoods,
and coastal shoreline areas providing active and passive recreational uses. These include
swimming, surfing, walking, bird watching, fishing and bicycling.
North of the PDP boundary are the waters of AHL; Interstate 5 is located along the eastem
edge of the PDP area; to the west is Carlsbad Boulevard and the Pacific Ocean; and, to the
south is a small community park (Cannon Park) and the operations center of SDG&E.
Single-family residential neighborhoods in the general area include Terramar and Tierra del
Oro, both on the west side of Carlsbad Boulevard and south of the PDP entrance. Another
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 17
portion of Terramar is located on the east side of Carlsbad Boulevard, ftirther south of
Cannon Park, across Cannon Road. The railroad tracks bisect the PDP area. On the north
shore of the lagoon is a research institute and fish hatchery.
Existing Surrounding Land Uses (Adjacent to PDP Jurisdiction)
North: AHL
South: Industrial utility, Cannon Park
East: 1-5 Transportation Corridor
West: Carlsbad Boulevard, Beach Access
Existing Surrounding General Plan, Zoning and Local Coastal Plan Designations
(Adjacent to PDP Jurisdiction)
North: Open Space
South: Open Space, Planned Industrial, Public Utilities/Utility
East: Open Space, Transportation Corridor
West: Open Space
III. APPLICABLE LAND USE REGULATIONS
A. EIR 03-05, EIR 03 05(A) ADDEND A. AND ^MITIGATION MONITORING AND
^REPORTING—PROGRAM (MMRP)
Certification of Final EIR 03-05 constitutes the environmental review necessary for this
PDP and the proposed CSDP. The EIR was prepared, processed and certified in compliance
with CEQA (Califomia Environmental Quality Act) in 2006. Subsequent addenda were
approved bv the Citv ofCarlsbad (EIR Q3-05(A) and (B) in 2009 and 2013) and by the San
Diego County Water Authorit>- in 2012.
EIR 03-05 and subsequent addenda also covers the environmental review of offsite pipeline
alignments designed to convey the desalinated water for regional distribution from the EPS
location.
Certification of EIR 03-05 requires the implementation of the corresponding Mitigation
Monitoring and Reporting Program (MMRP). The MMRP outlines necessary mitigation
measures for various environmental impacts assessed in EIR 03-05 that otherwise would
create significant impacts. PDP amendment 00-02(B) provides minor revisions to the site
plan of the approved CSDP as analyzed by certified EIR 03-05. An Addendum to EIR 03-
05, EIR 03-05(A), was processed and approved in 2009. Other addendums focused on
changes to offsite pipeline alignments. With the minor revisions and addenda. nNo new
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 18
impacts were identified and the project's mitigation measures have not increased nor are
any new mitigation measures required.
The mitigation measures mostly address environmental impacts from the offsite pipeline
alignments. However, some mitigation measures apply to the desalination facility and
therefore require incorporation into this PDP.
The MMRP is contained in City Council Resolution 2006-156., which io referenced in
Appendix D.
B. SLS MND PDP 00-02(C) J SP Ui(L)IRP 10 26/CDP 10 17/HDP 10 05 /
SUP 10 02/HMP 10 03/MITIGATEb NEGATIVE DECLARATION AND
MMRPTION MONITORING AND REPORTING PROGIL\M
Adoption of the Final MND constitutes the environmental review necessary for this PDP
amendment and the SLS. The MND was prepared, processed and certified in compliance
with CEQO A.
.The MND also covers the environmental review of offsite pipeline alignments and the
support bridge alignment designed to convey the pipes (sewer, recycled water, and potable
_water) from south of Chinquapin Avenue to the EWPCF.
Adoption of the MND requires the implementation of the cortesponding MMRP. The
MMRP outlines necessary mitigation measures for various environmental impacts assessed
in the MND that otherwise would create significant impacts.
The mitigation measures mostly address environmental impacts from the constmction ofthe
bridge abutments, sewer lift station, and constmction noise adjacent to the AHL during bird
breeding season. Therefore, the mitigation measures require incorporation into this PDP.
The MMRP is contained in City Council Resolution 2011-276., • which is referenced in
Appendix D.
C. CITY OF CARLSBAD GENERAL PLAN
The Land Use Element of the Carlsbad General Plan designates the existing EPS property
as Public Utility (U). The Public Utility designation is implemented through the (P-U)
Public Utility Zone, Chapter 21.36 of the Carlsbad Zoning Ordinance. This PDP, compliant
with Chapter 21.36, ensures compatibility with the City's General Plan.
The Public Utility category of land use designates areas, both existing and proposed, either
being used or which mav be considered for use for primary public or quasi-public functions
designed to serve all or a substantial portion of the community. The Carlsbad General Plan
states that the Public Utility designation's "primary functions may include such uses as the
treatment of waste water, public agency maintenance storage and operating facilities,
generation of electrical energy or other primary utility fimctions. A primary ftmction may
include the generation of electrical energv bv fossil fuel only if it is the subject of and
consistent with the Agreement between and among the City of Carlsbad (City) and the
Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 19
Center LLC, and San Diego Gas and Electric and approved bv the City and CMWD on
January 14. 2014.
The desalination use is considered consistent with those land uses. However, since tho EPS
is within the boundaries of tho Coastal Zone, it is not considered a primar>' fiinction ofthe
U designation.
As a utility ftmction serving the region, the General Plan also recognizes the CSDP as a
pennitted primary use. The fiiture Amended CECP. togetiier with Therefore,
implementation of tho PDP, including building permit issuance for the EPS. CSDP and SLS
facilities, would be consistent with the site's land use designation of Public Utilities and the
City's General Plan. However, the existing EPS, an expansion of it, or the addition of a now
power facility is or would not be considered consistent with the U designation.
SPECIFIC PLAN 144 H-N
The amendment to formally include the PDP area into SP 141, procesood as SP H4(H),
was approved concurrently with the CSDP, EIR 03 05, and other approvals.
SP 144(H) formalized the inclusion of tho PDP area and will likewise provide specific plan
covoragc compliant with State law^ guidolinco per Govomment Code Section 65450.
Applicable conditions or regulations resulting from the integration ofthe PDP into SP 144
are outlined with otiier development standards, planning area by planning area, in Chapter
IV. Changes proposed to tho PDP that aro considered "formal amendments" also require an
amendment or comprehensive update of SP 144. See Section VI C. for details.
SP 144 (J) is tho amendment to SP 114 that implements tho sito plan reconfiguration for tho
CSDP covered by tho amendment to PDP (PDP 00 02(B)), tho Redevelopment Permit
Amendment (RP 05 12(A)) and EIR 03 05 Addendum (EIR 03 05 (A)).
SP 111(L) is the amondmont to SP 114 that implements the SLS covered by tho amondmont
to this PDP (PDP 00 02 (C)), the Rodovolopment Permit (RP 10 26), and tho M>JD.
SP 144(N) amended SP 144 to doloto and modify provisions of the plan regarding
generation of electrical energy and Encina Powder Station consistency with the General
Plan. It corroopondo to PDP 00 02(E).
ED. SOUTH CARLSBAD COASTAL REDEVELOPMENT PLAN-PROJECT
(SCCRP)
The SCCRP is a 555-acre redevelopment area located along Carlsbad Boulevard from the
southem city limits to the northem boundary of the outer lagoon, and includes properties
owned bv Cabrillo Power and SDG&E tiiat are located east and west ofthe 1-5 freeway and
south ofthe Agua Hedionda Lagoon. . As shown on Exhibit 13. tho Thg_PDP area is a
portion (approximately 95 acres) of the larger Redevelopment Plan jurisdiction. Identified
goals of the SCCRP relative to the EPS and PDP jurisdiction include:
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 20
• Facilitating the redevelopment of the Encina power generating facility to a
smaller, more efficient power generating plant.
• Strengthening the economic base of the Project Area and the community by the
installation of needed on- and off-site improvements to stimulate new
commercial/industrial expansion, employment and economic growth.
Developing new beach and coastal recreational opportunities.
• Increasing parking and open space amenities.
• Developing new beach and coastal recreational opportunities.
• Implementing performance criteria to assure quality site design and
environmental standards to provide unity and integrity to the entire Project Area
development.
In November 2005 the City Council, upon the recommendation of the Housing and
Redevelopment Commission, approved Ordinance NS-779, amending the SCCRP. This
action requires a PDP for a number of certain uses, including a sewer lift station, a
desalination facility and the generation and fransmission of electrical energy; a finding of
extraordinary public purpose for those certain uses; and a Redevelopment Permit. In 2009,
an amendment to the CSDP project's Redevelopment Permit (RP 05-12(A)) was processed
along with the amendment (PDP 00-02(B)). The SLS Redevelopment Permit (RP 10-26)
was processed along with the amendment to the PDP (PDP 00-02(C)).
Ordinance NS-779 also states that these requirements shall not be required of, or applied to,
uses regulated by the Califomia Public Utilities Commission (CPUC). Ordinance NS-779 is
referenced in Appendix D, and integrated into the compliance elements outlined in
Development Standards, Chapter IV.
The SCCRP permits generation and transmission of electrical energv conditioned upon a
finding of extraordinary public purpose, and subject to a precise development plan unless
the use is regulated bv the Califomia Public Utilities Commission (CPUC). Further, the
plan identifies goals including developing new recreational opportunities and parking, and
redeveloping the Encina Power Station into a smaller, more efficient plant. The Amended
CECP is consistent with the SCCRP in that the future Amended CECP would be a smaller,
more efficient plant that would be built and operated using "peaker configuration"
technology, and which would be located fiirther away from the coastiine, between the
railroad tracks and 1-5. The terms of the Agreement, dated January 14, 2014, require the
decommissioning, demolition and removal of the EPS by a specific date, removal of all
NRG facilities located west of the railroad, and remediation of the current EPS site, as well
as other infrastmcture and property considerations which will be beneficial to the residents
of Carlsbad and provide an opportunity for future redevelopment of the site. Additionally,
lands along the coastline and lagoon would be dedicated to the citv and would allow for
new beach and recreational opportunities and open space amenities.
The General Plan states that a primary function of the Public Utilities land use designation
may include generation of elecfrical energy outside the Coastal Zone only. Since all of the
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 21
SCCRP ia witiiin the boundaries of the Coastal Zone and the EPS is within the SCCRP, tho
EPS is not a permitted use within the redevelopment plan.
FE. LOCAL COASTAL PROGRAM COMPLIANCE
The AHL Local Coastal Program (LCP) segment applies to the PDP. The LCP area is also
shovra on Exhibit 4 (General Plan Designations/LCP Boundary). Carlsbad received LCP
certification and permit authority from the Califomia Coastal Commission (CCC) for most
ofthe city's coastal zone in October 1996. However, the CCC retained permit authority
within the AHL LCP.
Therefore, any development within the PDP jurisdiction requires approval of a coastal
deyelopment permit by the CCC prior to building permit issuance or effectiveness of any
entitlement, such as this PDP. Compliance with related coastal permit conditions shall be
addressed prior to building permit issuance, as part of the PDP implementation.
The CSDP is consistent with the AHL LCP as reaffirmed by the environmental review and
certification and approval of Final EIR 03-05 and EIR 03-05(A). Likewise, the SLS is also
consistent with the AHL LCP as stated in the certification and approval of the Final MND.
The Agua Hedionda Land Use Plan specifically addresses generation of elecfricity and
power plants. However, other than descriptive statements about the existing Encina Power
Station, the AHLUP has no standards and only one policy regarding generation of
electricity. Land Use Policy 2.3, which regards a 45-acre vacant property located east of
and across Interstate 5, is unrelated to the Amended CECP.
GF. GROWTH MANAGEMENT PROGRAM COMPLIANCE
The Grovyth Management Program, in accordance with Chapter 21.90 of the Carlsbad
Municipal Code, established 25 Local Facilities Management Zones throughout the city.
No development can occur in any of the Zones unless consistency of the development is
determined vyith the applicable Local Facilities Management Plan (LFMP) for each Zone.
Each LFMP determines existing and fiiture needs for infrastmcture so that fiiture Zone
demands can be adequately assessed, planned, and provided. The EPS, CSDP, and PDP
jurisdiction lie within Local Facilities Management Zone 1 and Zone 3; Zone 1, however,
applies only to the northwest comer of the EPS and PDP jurisdiction in the vicinity of the
aquaculture facilities and discharge pond.
Implementation of the PDP, including the CSDP, is consistent with the Zone 1 and Zone 3
LFMPs and their performance standards; amendment of the Zone 1 and Zone 3 LFMPs is
not necessary to implement the PDP. This was reaffirmed by the environmental review and
certification of Final EIR 03-05 and EIR 03-05(A) for the CSDP, and the MND for the
SLS, and is summarized below.
LFMP Zone 1 and Zone 3 - Performance Standards & Proiect Compliance
Performance Standard Proiect Compliance
Administrative Facilities N/A. This standard does not apjDly to non-residential uses
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 22
LFMP Zone 1 and Zone 3 - Performance Standards & Project Compliance
Performance Standard Project Compliance
Library N/A. This standard does not apply to non-residential uses.
Wastewater Treatment The sewer lift station would improve the existing wastewater
facilities and will handle the projected build-out sewage anticipated
from the service area.
Paries N/A. This standard does not apply to non-residential uses.
Drainage Negligible Effect. The EPS. CSDP. and SLS all have a Stonnwater
F^ollution Prevention Plan (SWPPP) in place. In addition, the future
plans for the Amended CECP. including demolition ofthe existing
EPS and remediation of the site, will be required to implement a
SWPPP.
Circulation Negligible effect, fhe CSDP will add 120 Average Daily Trips
(ADT) to the traffic circulation ofthe area.
The sewer lift .station will onlv add 1 additional ADT to the traffic
circulation ofthe area for a maintenance vehicle to monitor and
service the sewer lift station.
The future Amended CECP will replace the existing EPS. Impacts
associated with circulation will be analyzed as part of the CEC's
environmental analysis ofthe proiect.
Fire N/A. This standard does not apply to non-residential uses.
Open Space No effect on open space compliance.
Schools N/A. This standard does not appiv to non-residential uses.
Sewer Effects ofthe CSDP on sewer capacity are discussed and mitigated
in the EIR and Mitigation Monitoring Reporting Program.
The SLS project will not increase in sewer flow.
The future Amended CECP will replace the existing EPS. Impacts
associated with sewer capacity will be aiialvzed as part of the
CEC"s environmental analysis of the proiect.
Water The CSDP is anticipated to substantially improve the quantity and
quality ofthe water supply available to the Citv, neighboring water
agencies and the region. Desalinated water is required to meet all
federal, state, regional and local standards.
The SLS project includes the installation of a 12-inch diameter
recycled water line. This line will serve to distribute recycled water
in the northern portion of Ccirlsbad for landscape irrigation.
The future Amended CECP will replace the existing EPS. Impacts
associated with water demand will be analyzed as part ofthe CEC's
environmental analysis ofthe project..
CSDP
LFMP Zone 1 and Zone 3—Performance Standards & Proiect Compliance
Performance Standard Froject Compliance
Administrative Facilities N/A. This standard does not apply to non residential uses
Library : r,r..jr: .
N/A. This standard does not apply to non residential uses. r,i_..if
VVUOICVVUIUI 1 ICullllClll xii iCc-ta vji r W ll call 1 tcrit ai c U1 bv UabcU Ttrru f rt Hi gcticU U1 • int^
EIR and MMRP.
Parks N/A. This standard does not apply to non residential uses.
LJ, 1L
i^cgiigiuic i lie i_>f L3 1 iciD OLUl 111 VV ciici riJittiiiuri r icvcllliUil
Plnrt AAAPPT^*^ in r^lnf p T'ITJ^ HP^HI innf ir^n •Ct^r*i]i-t\ i mill olf/~> rTMTt TV r^r r^' ill piuuc. l IIC ucsui11lallUll—ictviilty—Win—cAlaU
implement a SWPPP.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 23
LFMP Zone 1 and Zone 3—Performance Standards & Proiect Compliance
Performance Standard Project Compliance
Circulation Negligible effect. The desalination facility will only add 120
Average Daily Trips (ADT) to the traffic circulation of the area.
1 liw N/TArThis standard does not apply to non-residential uses.
Open Space No effect on open space compliance.
Schools N/A. This standard docs not apply to non-residential uses-
Sewer Effects on sewer capacity are discussed and mitigated in the EIR
and MMRP.
water OCllCllClul CliUvl UllUvipulCU.. lilt/ V^OL/r UlillL'ipuLCU l\J water
aUvlslullUaiiy iiiipruvc tiic LjUaiiiH^ uxiu ^wuiiiy UT Liic wmci &uppi|j
water
aVctliuLtiC—tx)—11IC—tTTTTj—llclgliUtnTrrg WUlCl OgCtttrtCD dl lU UlC ICglUli;
Y~^•^^^»r^1^^-^fl^•^:^/^ iifo^fg^y rfaf^^^ir^^f^ fr\ maatDil fpHpirnl gt.nto rptrir^nni nnn
water
i:ycbullitulcU WalCTnti TO^ulIt?U LU Incci ctli^cutrtcJif ^uLCv Cglullurctntr
local standards.
LFMP Zone 1 and Zone 3—Performance Standards & Proiect Compliance
Performance Standard Project Compliance
Administrative Facilities N/A. This standard does not apply to non rosidontial uses
Library N/A. This standard does not apply to non-residential uses.
iX.tiPI gpwpr 1 11 ft ^tinti r\Y\ wni 11 • iTW'WrAVP • tHp PV i '^.tin g w.T'^tpWfifp.r -W'QStcWalcr • I rgaciTitgrTl •fV-i/-.il<fir»n ^ \i7411 V*»^1 •ft-.rt »-v*>.~viKmitrl nut '^Pii^nr'P intir*imtpn -W'QStcWalcr • I rgaciTitgrTl
Icivtiitlpo oilU ArilrTmrrvlic illc [Jl UJCL'lctT^crtUlU"'UUl 3CVvu.^c a.titlvijJu-lCvt
from the service area.
Paries N/A. This standard does not apply to non residential uses.
Drainage Nogligiblo Effect. Tho EPS has a SWPPP in place. In additionhe
sewer lift station will also implement a SWPPP.
t^i-fr^ 111 ri4-t /-\ t-y lslprr1io"il^lp pffppt Tihfat.,.cp\vpr lift' *^.t.itinn \A/ill onlv nHH 1 .if1Hitinn.n1
v^ircuiaiion r^Ciii!gil/iC Cl lC7v/t. 11 itr^cVYci mx aicttTon vviij ijnij tivivj r^ax^^rruixrrraj
A Pinr f.-v fUrt +vr>-Cfirk ^ J »'rt i > T r>f i/-.i^ rt-P •fKrt rmrtrt fr^v •~, *v% n itltPmn I^P I'pVlif^lP v^ircuiaiion
rvry't—lU UlC Ifeiil rv vUlutiUII Ul Ul^ XUI a iliiTlMlCllu.HCC VPIlluiC
to monitor and service the sewer lift station.
N/A. This standard does not apply to non-residential uses.
Open Space No effect on open space compliance.
r^ C
Schools N/A. This standard does not apply to non residential uses.
Sewer Tho project will not result in an increase in sewer flow.
Water The projoct includes the installation of a 12 inch diameter recycled
Ti7t-it.a-n lii->ia nplnic lina ^sfil l. cpn^p ff\ rliptriV^nto rppvplpH \\/f^tfM* irt tnA
Water
WctlcFitnC;—i f tttr tific Wrti atJi Vi? tU WJ^^ i C\./ydCU WtilCI H i titC
northern portion of Carlsbad for landscape irrigation.
HG. COMMUNITY THEME CORRIDORS
The City of Carlsbad General Plan designates specific transportation corridors as scenic
roadways. Carlsbad Boulevard on the westem perimeter of the PDP is designated as a
"Community Theme Corridor". The scenic corridor guidelines applicable to Carlsbad
Boulevard and the railroad right of way ore referenced in Appendix D. Carlsbad Boulevard,
the local segment of the coast highway located along southem California's coast, provides
superior visual access with lagoon, ocean, beach, horizon and sunset views.
Encina Power Station Precise Development Plan - PDP 00-02(CF)
Page 24
The NCTD railroad right of way is noted as a "special condition" in the City's Scenic
Corridor Guidelines. Provisions require treatment of areas adjacent to the railroad right of
way to enhance the visual image of the city to railroad passengers.
The Circulation Element of the General Plan notes that Community Theme Corridors
"cormect Carlsbad with adjacent municipalities and present the City of Carlsbad to persons
entering and passing through the community". The EPS has been in this location for nearly
50 years and, in part, defines part of the existing overall community character.
The review and certification of Final EIR 03-05 included visual assessment of the
desalination facility, recognizing that it proposes to replace an existing oil tank. The
MMRP implemented by the EIR 03-05 generated certain mitigation measures regarding
aesthetics and view impacts fi-om Carlsbad Boulevard and the NCTD railroad right of way.
These mitigation measures are incorporated in the MMRP, as referenced in Appendix D.
Changes proposed to the CSDP as part of PDP 00-02(B) do not trigger any new mitigation
measures, as described in EIR 03-05(A).
IH. COASTAL RAIL TRAIL
The City of Carlsbad in coordination with other cities in coastal San Diego County, is
implementing the Coastal Rail Trail (CRT), designed to provide a non-motorized trail
mostly along the railroad right of way. At completion, this regional trail is intended to
provide an alternative to freeway commuting along the Interstate 5 coastal corridor. Each
city is pursuing individual segments within their jurisdiction based on funding and other
factors that facilitate construction.
The City of Carlsbad opened its first segment of the CRT along the east side of the railroad
tracks north of Tamarack Avenue to Oak Street in November 2005. Future trail alignment
southward of this portion of the CRT would cross the SLS's pipe support bridge over AHL
and continue south through the EPS property. The trail would then continue southward
along the NCTD right-of-way within the PDP property. The trail would continue south into
the existing commercial development located on the north side of Cannon Road. The
commercial development accommodates the CRT alignment through its property and
facilitates continued southward alignment to city limits.
As stated in the January 14, 2014 Agreement, the City and NRG shall work in good faith to
determine a mutually acceptable and appropriate alignment for the CRT (provided
however, that failure to reach an agreement on the CRT alignment shall not impact
performance of the obligations of the Agreement). Regardless of final alignment, the CRT
is considered an allowed and supported land use within the PDP. It is specified as an
allowed use within the PDP in Chapter IV, Development Standards.
JI. HABITAT MANAGEMENT PLAN
The City of Carlsbad's Habitat Management Plan (HMP) protects the City's open space
resources. The PDP area is south and adjacent to the AHL. Implementation of the PDP will
not adversely affect the AHL, nor hinder HMP implementation. The PDP is designated as a
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 25
"Development Area", and lies outside of any existing or proposed habitat conservation
areas.
The PDP will not increase or decrease the amount of open space in the city. Consistency
with habitat planning efforts was reaffirmed with the environmental review and
certification of Final EIR 03-05, and approval of EIR 03-05(A) for the CSDP and the MND
for the SLS.
KJ. DEVELOPMENT AGREEMENT - DESALINATION FACILITY
A Deyelopment Agreement has been approved between Poseidon Resources Corporation
and the City of Carlsbad. The primary fimctions of the Development Agreement are to
eliminate uncertainty in planning and provide for the orderly development of the Project,
ensure progressive installation of necessary improvements, provide for public services
appropriate to the development of the Project, and generally serve the purposes for which
deyelopment agreements under Sections 65864, et sec[. of the California Government Code
and Zoning Ordinance Chapter 21.70 are intended. The Development Agreement is on file
with the City of Carlsbad, in the Planning Division under the filing reference of DA 05-01 (A).
An amendment to the Development Agreement, DA 05-01(A), was part of the amendment
package to entitle the reconfigured site plan for the desalination plant covered by PDP 00-
02(B), and related agreement details regarding offsite pipeline distribution and operation
not in the PDP. The amended agreement was approved in 2009.
LK. REGIONAL, STATE, FEDERAL OR OTHER AGENCY JURISDICTION
LOCAL
• City of Carlsbad/Carlsbad Municipal Water District/Carlsbad Housing &
Redevelopment Commission
REGIONAL
• San Diego County Air Pollution District (APCD)
• Regional Water Quality Control Board (RWQCB)
• San Diego County Department of Environmental Health (DEH)
STATE
• Califomia Coastal Conimission (CCC)
• Califomia Public Utilities Commission (CPUC)
• Califomia State Lands Commission (SLC)
• California Independent System Operator (ISO)
• Califomia Department of Fish and Game (CDFG)
• Califomia Energy Commission (CEC)
• Califomia Department of Health Services (DHS)
Encina Power Station Precise Development Plan - PDP 00-02(G^F)
Page 26
FEDERAL
• National Marine Fisheries Service (NMFS)
• Federal Energy Regulatory Commission (FERC)
• United States Fish & Wildlife Services (USFWS)
• United States Army Corps of Engineers (USCOE)
Some of these agencies have at their discretion the authority to exercise preemptive
jurisdictional regulatory powers over design, facility, and operational characteristics of the
EPS and Amended CECP. which are not subject to the regulatory powers of the City of
Carlsbad or tiie PDP.
The CSDP is also subject to the regulatory powers of certain agencies noted above.
However, the PDP does not confer any additional regulatory jurisdictional powers upon the
City of Carlsbad than it already retains imder applicable state and federal laws.
VII. DEVELOPMENT STANDARDS
Since much of the EPS was built over 30 years ago, the development standards apply only
to new onsite development and/or redevelopment. The proposed deyelopment standards
will apply as appropriate to fiiture activity requiring entitlements and/or building permits.
This chapter reviews and integrates various sources of regulations, requirements, conditions
and other provisions. The P-U zoning district. Chapter 21.36, is the primary source of
standards and conditions established within the PDP. In many cases. Chapter 21.36 does
not establish development standards for the P-U zone; instead, Section 21.36.050 identifies
a number of conditions that the City Council may impose on the PDP, such as requirements
for setbacks and parking. Other sources of standards originate from related regulations and
documents as discussed in Chapter III.
The table below and subsequent discussion provides the necessary guidance to review and
approve fiiture building permit and entitlement requests within the PDP area. Furthermore,
Appendix D lists many applicable ordinances, resolutions and regulations.—While not
comprehensive, Appendix D is helpful in identifying those documents and standards
particular to the PDP area.
OVERVIEW OF STANDARDS AND REQUIREMENTS FOR PDP AREA
Encina Power Station Precise Development Plan - PDP 00-02(€F)
Page 27
STANDARD or
REQUIREMENT DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PAI
Applies
to PA 2
Applies
to PA 3
Permitted Uses See Discussion Below
Chapter 21.36-
21.36.020 X X X
Conditional Uses See Discussion Below
Chapter 21.36 -
21.36.110;
and the PDP
X X X
Minimum Lot Area 7,500 square feet Chapter 21.36-
21.36.060 X X X
Lot Coverage 50% maximum
See Discussion Below
Chapter 21.36-
21.36.070
X X X
Parking, Loading
and Refiise
Collection Areas
None in front, side or
rear setback adjoining
street; or 10' within
side/rear property line.
See Discussion Below
Chapter 21.36-
21.36.080;
and the PDP X X X
Landscaping See Discussion Below
Chapter 21.36-
21.36.090; and the
PDP
X X X
Grading See Discussion Below
Chapter 21.36-
21.36.050 (6);
and the PDP
X X X
Architecture and
Building Materials See Discussion Below
Chapter 21.36 -
21.36.050;
and the PDP
X X X
Setbacks See Discussion Below
Chapter 21.36 -
21.36.050(1); .
and the PDP
X X X
Parking See Discussion Below
Chapter 21.36 -
21.36.050(11);
and the PDP
X X X
Building Height Not to exceed 35 ft
Chapter 21.36-
21.36.050 (2);
SP HI; and the
AHL LCP
X X X
Equipment and
Storage Tank
Screening
To remain reasonable
screened by healthy
landscaping/planting
SP444
Chapter 21.36-
21.36.050;
X X X
Lighting
Lighting Plan
approval prior to
building permit
issuance
SP 111; also see
e«¥y- pProject
mitigation
measures below
X X X
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 28 I?)
STANDARD or
REQUIREMENT DESCRIPTION
SOURCE of
REQUIREMENT
Applies
to PAI
Applies
to PA 2
Applies
to PA 3
Precise Development
Plan: PDP 00-02.
Issuance of building
permit or entitlement
in P-U zone first
requires approved
PDP for property.
Zoning Ordinance,
Chapter 21.36;
SCCRP Section
600 (Ordinance
NS-799);
Ordinance NS-806
and subsequent
amendments
approved by
ordinance.
X X X
Redevelopment
Permit:
Rehabilitation,
redevelopment, and
development activities
within SCCRP require
redevelopment permit.
SCCRP Sections
200 and 600
(Ordinance NS-
799)
X X X
Required Finding of
Extraordinary Public
Purpose-RP required
Many utility uses and
government facilities
within SCCRP require
making of this
finding.
SCCRP Section
600 (Ordinance
NS-799)
X X X
Coastal Development
Permit
May be required if
new development in
AHL LCP segment
LCP Permit and
Appeal Jurisdiction
map (on file in the
Planning Division)
Califomia Coastal
Commission -
San Diego Coast
District Office.
X X X
Mitigation Measures Measures to reduce
environmental
impacts to less than
significant as required
by EIR's and MND's.
MMRPs per Final
EIR 03-05 for
CSDP and other
project approvals
as applicable.
X X X
Final Precise
Development Plan
Required for Building
Permit Issuance
Zoning Ordinance
Chapter 21.36-
21.36.100
X X X
Encina Power Station Precise Development Plan •
Page 29
PDP 00-02(GF)
PERMITTED USES
Permitted uses within the PDP shall be based on the following allowances and/or criteria:
• Consistency wdth the PDP, including the existing uses for the subject
Planning Area as established by the PDP including Chapter II. B.
• Consistency with the Carlsbad General Plan, Encina Specific Plan, and
Zoning Ordinance, including the permitted uses and structures as outiined by
the Public Utility Zone, Section 21.36.020.
Consistency with the SCCRP, including Section VI. (600), Uses Permitted in
the Project Area.
Consistency with the LFMPs for Zones 1 and 3.
Consistency with the AHL Land Use Plan.
Consistency with the Scenic Corridor Guidelines.
Compliance wdth all applicable local, state, and federal permits, including
any Coastal Development Permit.
• Consistency with applicable environmental documents including MMRPs.
It should be noted that the EPS is not considered a permitted use within the PDP. It is not
consistent with the General Plan or the Zoning Ordinance. Further information about the
EPS in relation to land use standards may be found in the Introduction and in chapters I and
III of this PDP.
In addition to the permitted uses listed in the Public Utility Zone, CRT alignments, when
associated with fiiture entitlement efforts by the City of Carlsbad and implementation of
trail plaiming programs, shall also be considered permitted uses.
CONDITIONAL USES
Conditional uses within the PDP shall be based on the same allowances and/or criteria as
permitted uses, except as modified below:
• Consistency with the Carlsbad Zoning Ordinance, including procedures and
required findings outiined in Chapter 21.42 (Conditional Uses) and Section
21.36.020^440 (Permitted Uses and structures permitted by conditional use
pennit) of the P-U Zone.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 30
• Conditional Use Permits approved in accordance with these provisions shall
make the required finding that the proposed conditional use is consistent
with this PDP.
le^LOT COVERAGE
The table below reflects compliance with the maximum allowance of 50% lot coverage.
The difference between the existing and proposed data reflects the CSDP and SLS.
EXISTING LOT COVERAGE - EPS
Acres Percentage
Buildings 11.96 12.58 %
Paved Area 24.42 25.68 %
Landscaped Area 20.64 21.71 %
Unimproved Area 38.06 40.03 %
Total 95.08 100%
LOT COVERAGE - EPS with Approved CSDP
Acres Percentage
Buildings 14.57 15.3%
Paved Area 25.50 26.8%
Landscaped Area 22.14 23.31%
Unimproved Area 32.87 34.6%
Total 95.08 100%
LOT COVERAGE - Sewer Lift Station Project*
Acres Percentage
Buildings 14.82 15.58%
Paved Area 26.20 27.25%
Landscaped Area 22.65 23.67%
Unimproved Area 33.87 33.50%
Total 97.54 100%
*Based on LOT COVERAGE - EPS with AppvowdCSDP
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 31
ParkingPARKING. LOADING, AND REFUSE COLLECTION areasAREAS
• These areas should continue to be visually screened from public view
through the use of existing fencing and landscaping.
• Loading, storage and refuse collection should be placed to the rear or sides
of the building they serve.
• Outdoor refuse collection and permanent loading areas visible from public
areas should be visually screened, as necessary, to a height up to 10 feet.
Based on a 2001 parking study of the EPS, there are 174 existing parking spaces within
Planning Area 1 ofthe PDP. The 174 existing spaces constitute the PDP's baseline parking
supply^ as depicted on Exhibits 8 and 9. The desalination demonstration facility utilizes 23
of the existing spaces onsite, and maximum parking demands of the existing EPS uses
require 112 parking spaces. Therefore, the current baseline demand for parking spaces is
135 when combining all existing uses (including the demonstration facility).
At full operation, the CSDP will require 13 parking spaces, a number sufficient for plant
employees, visitors and vendors. Accordingly, a 2223-space parking lot has been approved
on the CSDP site, which exceeds the minimum parking requirement.
Once the CSDP is operational, the seawater desalination demonstration facility will be
removed and the 23 parking spaces it now occupies will again be available with one more
space added. The 112 spaces required by current EPS uses, combined with the fiiture 13
space parking need required by the CSDP produces a total demand for 125 spaces, which
are accommodated by the current baseline of 174 parking spaces plus the 119 extra spaces
provided at the CSDP (for a total of 18^5 available parking spaces).
The SLS will not require any existing parking spaces. There wdll be sufficient asphalt
pavement surrounding the SLS to accommodate the maintenance vehicle that will monitor
and service the SLS.
Because of the unique uses at the EPS, determination of pParking needs for power
generation and transmission, desalination and other facilities within the PDP may require
case-by-case basis analysis based on employee numbers, hours of operations, and other
factors. In addition, when applicable, the parking standards of Zoning Ordinance Chapter
21.44 shall be followed.
LANDSCAPING
A landscape plan may be required prior to building permit issuance. The following criteria
and objectives shall guide landscape review and implementation:
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 32
Landscaping shall be provided per the requirements of Section 21.36.090 of
the Carlsbad Municipal Ceode, which requires landscaping with irrigation
systems within setbacks, where feasible^^
Consistent with the City of Carlsbad Landscape Manual, minimum plant sizes
for onsite plantings, where visible to the public, shall be as follows: 15 gallon
for trees, 5 gallon for woody and massing shrubs and 1 gallon plants for color
and accent shrubs/flowers.
Landscaping adjacent to Carlsbad Boulevard and the NCTD railroad right of
way shall be consistent with the scenic corridor and railroad corridor themes
per the Carlsbad Landscape Manual to enhance the visual character of area.
When parking is visible from Carlsbad Boulevard, landscaping shall screen
views of parking from passing motorists and pedestrians.
Perimeter landscaping, trees or shmbs that are diseased, dying or removed
shall be replaced with similar plants of equal or better screening ability in a
timely manner to the satisfaction of the Planning DirectorCity Planner.
GRADING
• Grading in the visible areas surrounding the lagoon and plant should utilize
natural contour as opposed to hard, angular or extreme grading concepts,
whenever feasible. Any grading should preserve and enhance natural
appearances of areas visible to the public to minimize visual impacts.
• Grading shall comply with all City and CCC requirements.
aRCHITECTURE ARCHITECTURE & BUILDING MATERIALS
The form and design of any new stmctures, including the CSDP and SLS, would largely be
determined based as a result of the visibility from offsite locations and applicable
government requirements. The following architectural guidelines apply only to the EPS's
perimeter, and other publicly visible components of the PDP area.
• Future buildings and structures, and additions and alterations to them or to
existing buildings and stmctures, should be sited and designed in a
compatible manner with the EPS's surroundings, which include the overall
lagoon and ocean environment, views from scenic corridors, public
recreation and open space areas, and established residential neighborhoods.
? Building materials and finishes should also reflect compatibility with
surroundings.
• Any mechanical and/or electrical equipment located on the roof of any
structure shall be screened in a manner acceptable to the City Planner.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 33
It is recognized that in some cases requirements of other governmental agencies or the
fimction, nature, or location of the structure or building may limit or make impractical the
ability or need to follow these guidelines. Accordingly, based on evidence provided by the
applicant to support such a decision, the Planning DirectorCity Planner may determine
compliance with one or heth-more of these guidelines is unnecessary.
SETBACKS
Exhibits ^6and 9 of this document depict minimum required setbacks for the PDP area.
However, similar to the architectural criteria outiined above, it is recognized that in some
cases requirements of other govemmental agencies or the fimction, nature, or location of
the structure or building may limit or make impractical the ability or need to follow setback
requirements. Accordingly, based on evidence provided by the applicant to support such a
decision, the Planning DirectorCity Planner may determine compliance wdth setback
requirements is unnecessary. All setbacks noted below are required minimums.
• Carlsbad Boulevard: 50' setback from the Carlsbad Boulevard right of way
is depicted on Exhibits 8 and 9.
Agua Hedionda Lagoon: 50'setback from the property line along the
shoreline of the Lagoon. In cases where the top of the bluff is greater than 50
feet from the property line, the top of bluff shall mark the minimum setback
from the Lagoon.
• Interstate 5: 25' setback from Interstate 5 right of way.
• Setback requirements do not apply to:
• Future potential CRT alignments.
• Desalination facility pipeline alignments.
• SLS pipeline alignments and support bridge
• Reasonable modifications or expansion of existing minor stmctures
and improvements, including fencing and screen walls, utility poles
and towers; support stmctures (i.e., guard stations and aquaculture
buildings); detention basins, piping, and underground structures (i.e.
oil pumping stations); mandated pieces of equipment (i.e., pollution
control facilities) or other minor structures dictated by regional, state
or federal agencies; equipment required to support existing
operations (i.e. discharge basin, intake system and dredge support
equipment); and security measures.
• At tiie discretion of the Planning DirectorCity Planner, setbacks for
the above facilities may be required for public health, safety, and
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 34
welfare purposes, such as to allow adequate vehicle stacking or safe
site distances.
VIII. PUBLIC IMPROVEMENTS
A. OVERVIEW
Since the provision of necessary public improvements is one of the primary purposes of a
PDP per Zoning Ordinance Section 21.36.010 (3), this overview provides a summary of
compliance.
Public improvements for the CSDPdevelopment will be secured through compliance with
conditions of approval consistent wdth permits issued for activities vsdthin the PDP area.
In addition, EIR 03-05 analyzed certain improvements associated with the CSDP for
environmental impacts and found no significant impacts wdll result from their
implementation. These improvements are described in detail in the EIR document,
including pages 3-28 and 3-29; they are referenced herein to indicate their required
implementation for consistency with this PDP.
These improvements (using EIR 03-05 references, and also depicted on Exhibit 5-7_of this
document) include: Fishing Beach, Bluff Area, Hubbs Site and South Power Plant public
parking area which are generally located along Carlsbad Boulevard and the outer Agua
Hedionda Lagoon.
The EIR also addressed improvements regarding Carlsbad Boulevard widening generally
south of the PDP boundary, and installing a screen wall and landscaping for the EPS
frontage along Carlsbad Boulevard.
The proposed SLS will not require any public improvements. As part of the approval of
PDP 00-02(B) and RP 05-12(A) for the EPS and CSDP, appropriate public improvement
conditions were imposed along and within the PDP and SP \A4. As noted in Section III G.
tThe SLS has negligible if any Growth Management impacts and does not warrant
improvements to public facilities.
B. OTHER DOCUMENTS - DEVELOPMENT AGREEMENT
Another mechanism that will generate public improvement enhancements is the approval of
Development Agreement (DA 05-01 (A)) that involves the City of Carlsbad and Poseidonf-^
the-The Development Agreement is also discussed in Section III. KJ. within this document.
IX. PROCEDURES AND AMENDMENTS
A. PDP APPROVAL
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 35
In accordance with Section 21.36.040 of the Public Utility Zone, the PDP requires public
hearing approval by the City Council, after recommendation action by the Planning
Commission.
The City Council^s approval of tiie-PDP 00-02(F) on June 13, 2006, validates this document
as the official PDP for the subject P-U zoned properties. The PDP was approved via City
Council Ordinance NS 806.
B. BUILDING PERMIT ISSUANCE AND ENTITLEMENTS FOR ALLOWED
USES
Any request for building permit issuance or an entitlement within the PDP area requires
review for consistency with the PDP.
Based on the location of the specific request, the Development Standards pertinent to the
subject site outlined herein require assessment for compliance. Implementation of this
document during building permit and entitlement review will assist the compliance with
applicable mitigation measures from EIR 03-05 and the MMRP for the CSDP, and the
MND and MMRP for the SLS, the PDP and the various other permits and regulations
affecting the PDP jurisdiction.
Coordination with other agencies may be necessary in certain cases.
C. FORMAL AMENDMENTS TO APPROVED PRECISE DEVELOPMENT
PLAN
Examples of the types of projects or land uses that would require a formal PDP
Amendment subject to City Council approval are listed below. The list is not all-inclusive;
the intent is to provide examples of the scale and magnitude of development that would
mandate formal amendment to the PDP.
•—Demolition of the existing Encina Power Station.
•—A proposal by a govemment entity or by a company authorized or approved by
the Public Utilities Commission to constmct an electrical generating facility that
is an accessory use and has a generating capacity of fewer than 50 megawatts.
• Any expansion of the CSDP to accommodate more than 50 MGD.
• Any proposal for technological restructuring of the CSDP.
• An amendment initiated by City Council action in order to promote public health
safety and welfare relative to operations or uses within the PDP jurisdiction.
Encina Power Station Precise Development Plan - PDP 00-02(GE)
Page 36
? Any addition, expansion, major modification or change of use that would exceed
the amount of change permitted by administrative approval consistent with
Carlsbad's Planning Division Policy No. 35 regarding substantial conformance
reviewConsistencv determinations (see VI. D. below).
• Any revision to the boundaries of tiie PDP area.
Formal amendments to the PDP shall be processed in accordance wdth the requirements of
Chapter 21.52; and Section 21.36.040 of the Carlsbad Municipal Code, which requires City
Council approval.
Requests for a formal amendment to the PDP shall be submitted to the Plaiming Division
accompanied by necessary graphics, statements and other information including proposed
PDP text and exhibits to support the proposal.
Pursuant to SP HI, a formal amendment to the PDP also requires an amendment or
comprehensive update to SP H'I, as detennined by the City Council.
D. CONSISTENCY DETERMINATION WITH APPROVED PDP
Certain improvements, modifications, maintenance activities or other fiiture proposals may
be considered minor in nature and found to be consistent with the PDP.
In these circumstances, building permits may be issued without formal amendment to the
PDP.
The process to determine consistency with the PDP shall be according to Planning Division
Policy No. 35, Discretionary Permit Consistency Determination (referenced in Appendix
D), as amended from time to time.
Encina Power Station Precise Development Plan - PDP 00-02(GF)
Page 37
Oceanside
Power i^KSgua Hedionda ^wm^m Lagoon
Station
Valley Center
Ramona
Santee
El Cajon
North
Note: All locations are approximate.
Imperial
Beach
REGIONAL MAP
Encina Power Station Precise Development Plan
Exhibit 1
aty of Oceanside
Carisbad City Umits
Encina
Power
Station
aty of
Vista
City of San
Marcos
Note: All locations are approximate.
rL.J
VICINITY A4AP
Encina Power Station Precise Development Plan
Exhibit 2
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I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of
the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m. on Tuesday, May 20, 2014, to consider approval of (1) a General
Plan Amendment to modify the description of the Public Utilities (U) land use designation to support
the amended Carlsbad Energy Center Project (CECP); (2) a Zone Code Amendment to the Public
Utility (P-U) Zone to repeal Ordinance CS-158 and revoke ZCA 11 -05; (3) an amendment to the Encina
Power Station Precise Development Plan as necessary to be consistent with the General Plan and
Zoning Ordinance; and (4) a Specific Plan amendment to repeal the Encina Specific Plan on property
located primarily between the Pacific Ocean and Cannon Road, and encompassing the Agua
Hedionda Lagoon, Encina Power Station, Carlsbad Seawater Desalination Plant, agricultural lands
and properties within Local Facilities Management Zones 1, 3, and 13 and more particularly described
as:
That portion of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, according to partition map thereof
No. 823, filed in the Office of the County Recorder of San Diego County,
November 16, 1896, as described in Certificate of Compliance recorded
October 30, 2001, as Document No. 2001-0789068, Parcel 4 (Assessor's
Parcel Numbers 210-010-46)
and
A portion of Lot F of Rancho Agua Hedionda in the County of San Diego and
a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of Carlsbad,
and a portion of Block "W" of Palisades No. 2, Map 1803 in the City of Cadsbad,
County of San Diego, State of California; also being Assessor Parcel Numbers
206-070-16 and -17; 210-010-24, -40, -42, -44, -45 and -46; and 211-010-05,
-24, -30 and -31 ofthe Assessor's map of San Diego County
Whereas, on April 16, 2014 the City of Carlsbad Planning Commission voted 5-0 (Siekmann absent)
to recommend approval to adopt (1) a General Plan Amendment to modify the description of the Public
Utilities (U) land use designation to support the amended Carlsbad Energy Center Project (CECP); (2)
a Zone Code Amendment to the Public Utility (P-U) Zone to repeal Ordinance CS-158 and revoke
ZCA 11-05; (3) an amendment to the Encina Power Station Precise Development Plan as necessary
to be consistent with the General Plan and Zoning Ordinance; and (4) a Specific Plan amendment to
repeal the Encina Specific Plan. The City Planner has determined the project is exempt from the
California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3)
and Carlsbad Municipal Code Section 19.04.070 A.1.c.(1).
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 May 16, 2014. If you have any questions,
please contact Barbara Kennedy in the Planning Division at (760) 602-4626 or
ba rba ra. ken ned v(5).ca risbadca .gov.
If you challenge the General Plan Amendment, Zone Code 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 Cadsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA
92008, at or prior to the public hearing.
CASE FILE: GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0)
CASE NAME: CECP AMENDMENT
PUBLISH: May 10, 2014
CITY OF CARLSBAD
CITY COUNCIL
• i?'A0.1.F.l!5-''
Legend
Specific Plan 144 Boundary
Precise Development Planning Area
SITEMAP e
WOT ro SCALE
CECP Amendment
GPA 14-01 /ZCA 14-01 / PDP 00-02(F) / SP 144(0)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of
the City of Cadsbad will hold a public hearing at the CouncimTambers, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, IIIIHi. to consider approval of (1) a
General Plan Amendment to modify the description of the Public Utilities (U) land use designation to
support the amended Carlsbad Energy Center Project (CECP); (2) a Zone Code Amendment to the
Public Utility (P-U) Zone to repeal Ordinance CS-158 and revoke ZCA 11-05; (3) an amendment to
the Encina Power Station Precise Development Plan as necessary to be consistent with the General
Plan and Zoning Ordinance; and (4) a Specific Plan amendment to repeal the Encina Specific Plan
on property located primarily between the Pacific Ocean and Cannon Road, and encompassing the
Agua Hedionda Lagoon, Encina Power Station, Cadsbad Seawater Desalination Plant, agricultural
lands and properties within Local Facilities Management Zones 1, 3, and 13 and more particularly
described as:
That portion of Lot"
County of San Diego
No. 823, filed in the
November 16, 1896,
October 30, 2001, as
Parcel Numbers 210-C
and
7o
^i("f
in the City of Cadsbad,
I to partition map thereof
tr of San Diego County,
)f Compliance recorded
8, Parcel 4 (Assessor's
A portion of Lot F of Rancho Agua Hedionda in the County of San Diego and
a Portion of Lot H, Rancho Agua Hedionda Map 823, in the City of Cadsbad,
and a portion of Block "W" of Palisades No. 2, Map 1803 in the City of
Carlsbad, County of San Diego, State of Califomia; also being Assessor
Parcel Numbers 206-070-16 and -17; 210-010-24, -40, -42, -44, -45 and -46;
and 211-010-05, -24, -30 and -31 of the Assessor's map of San Diego
County
Whereas, on April 16, 2014 the City of Carlsbad Planning Commission voted 5-0 (Siekmann absent)
to recommend approval to adopt (1) a General Plan Amendment to modify the description of the
Public Utilities (U) land use designation to support the amended Carlsbad Energy Center Project
(CECP); (2) a Zone Code Amendment to the Public Utility (P-U) Zone to repeal Ordinance CS-158
and revoke ZCA 11-05; (3) an amendment to the Encina Power Station Precise Development Plan
as necessary to be consistent with the General Plan and Zoning Ordinance; and (4) a Specific Plan
amendment to repeal the Encina Specific Plan. The City Planner has determined the project is
exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines
Section 15061(b)(3) and Cadsbad Municipal Code Section 19.04.070 A.l.c.(l).
Those persons wishing to speak on this proposal are cordiall^nvited to attend the public hearing.
Copies of the agenda bill will be available on and after •••••I- If you have any questions,
please contact Barbara Kennedy in the Planning Division at (760) 602-4626 or
barbara.kennedv@carlsbadca.qov.
If you challenge the General Plan Amendment, Zone Code 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 Cadsbad Village
Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASE NAME:
PUBLISH:
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0)
CECP AMENDMENT
CITY OF CARLSBAD
CITY COUNCIL
Legend
I Specific Plan 144 Boundary
Precise Development Planning Area
SITE MAP e
NOT TO SCALE CECP Amendment
GPA 14-01 / ZCA 14-01 / PDP 00-02(F) / SP 144(0)
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filing Stamp
PROOF OF PUBLICATION
(2010 '
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
nf the County aforesaid: I am over the age of
e qWeen yea7s and not a party to or interested m
Sve entitled matter. I am the principal clerk
of the printer of
UT - North County
Formerly known as the North County Tmes find
which newspaper has been adjudicated as a
newspaper of general circulation by the Supenor
court 0^ the county of San Diego, State o
Sfor^^a, for the City of Oceanside and t e O^
ccmnriirio Court Decree numbers l/iJty »
mi71 for the County of San Diego, that the
S of Which the annexed is a P^ted copy (^e
in type not smaller than nonpariel), has be^n
publted in each regular and entire issue "f f^^^
newspaper and not in any supplement thereof on
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING:
SUBJECT: C^CP
LOCATION:
DATE NOTICES MAILED TO PROPERTY OWNERS: S/T//"^
NUMBER MAILED: <^S
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature) ^ '(Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: Q^Union Tribune
f-H North Countv Times
PUBLICATION DATE: Union Tribune
North County Times.
I declare under penalty of perjury under the laws of the State of California that 1 am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct.
Date:
(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
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 th
eighteen years and not a party to or inte
the above-entitled matter. I am the princ
of the printer of
Proof of Publication of
UT - North County
Formerly known as the North County T
which newspaper has been adjudicat
newspaper of general circulation by the
Court of the County of San Diego, |
California, for the City of Oceanside and tl
Escondido, Court Decree numbers i:
172171, for the County of San Diego,
notice of which the annexed is a printed i
in type not smaller than nonpariel),
published in each regular and entire issi
newspaper and not in any supplement t
the following dates, to-wit:
May IQth, 2014
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affeCn that th. Pit r •, , K ^•
Carlsbad will hold a pubUc hearing at tte ^ ^"^ °^
Council Chamber 1200 Carlsbad Village Drive. Carlsbad. California
at 6:00 p.m. on Tuesday, May 20,2014
tto consider approval of (Da General Plan Amendment to modify the desoi„H„„',.v, n v,,- r, . , . designation to support the amended Carlsbad Energy CenterTo ert (CECow^^
PubUc UtiUty (P-U) Zone to repeal Ordmance CS-158 aL revoke Zcl 110^^^^^^ ^ ^""^ Amendment to the
Station Precise Development Plan as necessary to be consistent with the G ' ^, ^^"^inent to the Encina Power
(4) a SpecJic Plan amendment to repeal the Ericina Specific PlanrpropeS'^":'/^" ^"T^ Ordinance; and
Ocean and Cannon Road, and encompassing the Agua Hedionda Laooon I P™ianly between the Pacific
DesaUnation Plant, agiioJtural lands i>d prcpert.es^tS^ Loc^l FaSs fc^^^ Carlsbad Seawater
particularly described as: -^S«nient Zones 1, 3, and 13 and more
Ttot pcmicm of Lot ••tf'-of RartoAma Hedionda rn tha t5tvrfr=ricMH r„„,—rc-.n. o._.. ..
• • \ *a» \'
•- \ ? \v
* W
•- ^^n-••• \X
/ j ••' ' •
.. * .1. '0•^
Environmenta] C
aeOffi^oftheCoMyBSoiiTof&nD^^
olCom*nc.re™dJoc.ob=r30m^SSS;~«i^'??^ Mumli6is21(H)10-46) "^tKo. 2001-0789068, Parcel 4 (Assessor's Parcel
f Z ™ <tos.gi!a>nn to support the amended CaisbKl Energy CeBerSa (raSkO)
2^eWeAn>en^en.tofl>ePublicUtili.y(P^
11-05 j3) an ammdment to the Ei«±H Power Station ftedsa Ds^^
the Encm Spe^ •The Qty Planner to delemmed the pmii^
lelmes Section 15061 htt anrt r=rl.>,.rf m,,-.-™., r..A. r.^'.A. timx^mmm
I certify (or declare) under penalty of
the foregoing is true and correct.
C.aH.Aa.OEOA.puisnan.toS.teCECMOt.^eTs'SSSl^cSi^
c=y:s-srnS.^i:r^r;tr^^
Cax^had, Attn, City Cle^s Ofta, ,2^Car.JS"crj
CASE FILE: GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(0)
CASE NAME: CECP AMENDMENT
iPUBLISH: May 10, 2014.
Cr+T OF CARLSBAD CITY COUNCIL ft
Dated at Oceanside, California
On This-'tZ^ day May 2014
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
CECP Amendment
GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(O)
Barbara Kennedy, Associate Planner
May 20, 2014
Carlsbad Energy Center Project
CECP Amendment
•January 14, 2014 –City Council enters into an
“Agreement” with NRG and SDG&E to support
the Amended CECP
•Remaining follow-up actions necessary to reflect
changed circumstances:
–General Plan Amendment
–Zone Code Amendment
–Precise Development Plan Amendment
–Specific Plan Amendment
CECP Amendment
•General Plan Amendment (GPA 14-01)
–Revises the description of the Public Utility (U)
Land Use Designation
–Only allows the generation of electrical energy if
it is the subject of and consistent with the terms
of the Agreement
CECP Amendment
•Zone Code Amendment (ZCA 14-01)
–Repeals Ordinance CS-105 (adopted ZCA 11-05)
•ZCA 11-05 only permits the generation of electrical energy in
the Public Utility (P-U) zone if located outside the coastal zone
–ZCA 14-01 restores previous text
•Permits the generation of electrical energy in the P-U zone
throughout the city
–ZCA 11-05 not yet adopted by the Coastal Commission
•Local Coastal Program Amendment (LCPA) is not required
CECP Amendment
•Precise Development Plan Amendment
(PDP 00-02(F))
–Deletes previous text addition that opposed the
original CECP
–Necessary to ensure that the PDP is consistent
with the General Plan and P-U zone
–PDP 00-02(F) supports the Amended CECP, subject
to and consistent with the terms of the Agreement
CECP Amendment
•Specific Plan Amendment (SP 144(O))
CECP Amendment
•Specific Plan Amendment (SP 144(O))
–Previously identified as an outdated document
–Repeal SP 144 rather than amend text
–Other existing and future land use documents can
be used to guide development
–SP 144 was never adopted by CCC
•LCPA not required
CECP Amendment
•Environmental Review
–Exempt from CEQA pursuant to Section
15061(b)(3) where it can be seen with certainty
that there is no possibility that the activity in
question will have an impact on the environment
–CMC Title 19 identifies minor zone code
amendments as being exempt from CEQA
Recommendation
INTRODUCE Ordinances No. CS-253, CS-254, & CS-255
APPROVING:
•Zoning Ordinance Amendment (ZCA 14-01)
•Encina Power Station Precise Development Plan
Amendment (PDP 00-02(F))
•Encina Specific Plan Amendment (SP 144(O))
ADOPT Resolution No. 2014-096 , APPROVING:
•General Plan Amendment (GPA 14-01)