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 -