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HomeMy WebLinkAbout2014-06-03; City Council; 21620; Ordinances Approving Amendments to Zoning Ordinance, Encina Power Station Precise Development Plan, Encina Specific Plan ZCA 14-01 PDP 00-02(F) SP 144(O)CITY OF CARLSBAD - AGENDA BILL 13 '^^^ 21.620 ADOPTION OF ORDINANCES APPROVING AMENDMENTS TO THE ZONING ORDINANCE, ENCINA POWER STATION PRECISE DEVELOPMENT PLAN AND ENCINA SPECIFIC PLAN ZCA 14-01, PDP 00-02(F), SP 144(0) DEPT.DIRECTOR {^^J MTG. 6/03/14 ADOPTION OF ORDINANCES APPROVING AMENDMENTS TO THE ZONING ORDINANCE, ENCINA POWER STATION PRECISE DEVELOPMENT PLAN AND ENCINA SPECIFIC PLAN ZCA 14-01, PDP 00-02(F), SP 144(0) CITY ATTORNEY DEPT. Clerk ADOPTION OF ORDINANCES APPROVING AMENDMENTS TO THE ZONING ORDINANCE, ENCINA POWER STATION PRECISE DEVELOPMENT PLAN AND ENCINA SPECIFIC PLAN ZCA 14-01, PDP 00-02(F), SP 144(0) CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-253. repealing CS-158 and revoking an amendment to the 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 (ZCA 14-01); and. Adopt Ordinance No. CS-254, approving an amendment to the Encina Power Station Precise Development Plan, located at 4600 Carlsbad Boulevard, along the south shore of the Agua Hedionda Lagoon and west of I- 5 (PDP 00-02(F)); and, Adopt Ordinance No. CS-255. 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 Plan, and agricultural lands and properties within Local Facilities Management Zones 1,3, and 13 (SP 144 (0)). ITEM EXPLANATION: Ordinance Nos. CS-253. CS-254 and CS-255. were introduced and first read at the City Council meeting held on May 20, 2014. The second reading allows the City Council to adopt the ordinance. The City Clerk will have the ordinance or a summary ofthe ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,601 on file in the Office ofthe City Clerk. 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 ofthe project. DEPARTMENT CONTACT: Shelley Collins 760-434-2808 Shellev.Collins(S)carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TG DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • EXHIBITS: 1. Ordinance No. CS-253. 2. Ordinance No. CS-254. 3. Ordinance No. CS-255. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 of the 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 of the Carlsbad City Council on the 20th dav of May 2014, and thereafter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3"^ day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Schumacher and Blackburn. None. ABSENT: Council Member Hall. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MARK >ACKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, Citf Clerk ''I, ^ \\<^ 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. "Acc" 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. Generation of electrical energy, accessory, by a government entity or by a company authorized or approved for such use by the California Public Utilities Commission in or outside the Coastal Zone and limited to a generating capacity of fewer than 50 megawatts. Generating capacity of 50 megawatts or more is prohibited in the Coastal Zone. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 02(F) LOCATED AT 4600 CARLSBAD BOULEVARD, ALONG THE SOUTH SHORE OF THE AGUA HEDIONDA LAGOON AND WEST OF INTERSTATE 5 AND WITHIN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: CECP AMENDMENT CASE NO.: PDP 00-02(F) 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 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 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 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 20th day of May 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3'^'^ day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Schumacher and Blackburn. None. ABSENT: Council Member Hall. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MARK I^CKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, CityClerk ,Cit^( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ofthe 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 ofthe 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 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 of the 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 of the Carlsbad City Council on the 20th day of May 2014, and thereafter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3^^ day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Schumacher and Blackburn. None. ABSENT: Council Member Hall. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CEUA A. BREWER, City Attorney MARK PACKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, City derk o- 71 -