HomeMy WebLinkAbout2014-04-02; Planning Commission; AgendasThe City of CARLSBAD Planning Division
PLANNING COMMISSION AGENDA
www.carlsbadca.gov
Council Chambers
Wednesday April 2, 2014 6:00 p.m. 1200 Carlsbad Village Drive
NOTICE TO THE PUBLIC:
1. It is the Planning Commission’s Policy to adjourn the meeting no later than 10:00 p.m.
2. Meetings are divided into categories shown below.
3. When you are called to speak, please come forward and state your name and address.
4. Persons with a disability may request an agenda packet in appropriate alternative formats as required
by the Americans with Disabilities Act of 1990 by contacting the City Manager’s office at 760-434-2821
(voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon
on the Friday preceding the meeting. All persons requiring reasonable accommodations or auxiliary
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the Friday preceding the meeting to make such arrangements.
5. PLEASE NOTE: Any agenda related writings or documents provided to the majority of the Planning
Commission after distribution of the Agenda packet will be available for public inspection at the
Planning Division located at 1635 Faraday Avenue, Carlsbad, CA 92008. In addition, a binder containing
all agenda related writings and documents will be held by the Minutes Clerk at each Planning
Commission meeting and available for public review.
6. VISUAL MATERIALS FOR PLANNING COMMISSION: Visual materials should be submitted to the
Planning Division at 1635 Faraday Avenue no later than noon on the day of a Regular Planning
Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public
presentations. Please label all materials with the agenda item number you are representing. Items
submitted for viewing, including presentations/digital materials, will be included in the time limit
maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides,
maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least
60 days after final action on the matter. Your materials will be returned upon written request. Video
clips cannot be accommodated.
7. Meeting Decorum: Carlsbad Municipal Code sections 1.20.320 and 1.20.330 require members of the
public to observe order at this meeting and to conduct themselves in a courteous manner. California
Penal Code section 403 makes it a misdemeanor for any person to willfully disturb or break up any
assembly or meeting with lawful authority.
PUBLIC COMMENT:
If you desire to speak about an item not listed on the agenda, a “Time Reservation Request” form should
be filed with the Minutes Clerk. A total of 15 minutes is provided for the Public Comment portion of the
Agenda. Speakers are limited to three (3) minutes each. In conformance with the Brown Act, no action can
occur on items presented during Public Comment.
PUBLIC HEARINGS:
Please file a written request to speak on items listed on this agenda as Public Hearings.
ALL OTHER CATEGORIES:
For all other agenda items a “Request to Speak” form must be filed with the Minutes Clerk before the item
is announced. There is a five (5) minute time limit for individual speakers.
PLANNING COMMISSION AGENDA
April 2, 2014
Page 2
CALL TO ORDER 6:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES March 19, 2014 Approved 6-0
PLANNING COMMISSION PUBLIC HEARING
1. CDP 13-27 – TAYLOR REMODEL – Request for approval of a Coastal Development Permit to allow for
the addition of 977 square feet of additional living area to an existing single-family residence and a
268 square foot addition to an existing garage on a .43 acre lot located at 2371 Buena Vista Circle
within the Mello II Segment of the Coastal Zone within Local Facilities Management Zone 1. The City
Planner has determined that the project belongs to a class of projects that the State Secretary for
Resources has found do not have a significant impact on the environment, and is therefore
categorically exempt from the requirement for the preparation of environmental documents
pursuant to Section 15301 (Existing Facilities) of the state CEQA guidelines. The subject property is
located within the appeals jurisdiction of the California Coastal Commission.
RESOLUTION NO. 7037
STAFF RECOMMENDATION: Approval
PLANNER: Austin Silva ENGINEER: Steve Bobbett
PLANNING COMMISSION ACTION: Approved 6-0
2. POWER PLANT AGREEMENT – Staff will provide the commission with an overview of the Settlement
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) and the submittal of a Petition to Amend (PTA)
application to the California Energy Commission (CEC). The City Council approved the Agreement on
January 14, 2014. The purpose of the overview is to introduce the commission to the Agreement and
to provide commissioners an opportunity to ask questions about the Agreement.
STAFF: Gary T. Barberio, Assistant City Manager
Planning Commission Member Comments
City Planner Comments
City Attorney Comments
TIME: 7:40 p.m.
PLANNING COMMISSION AGENDA
April 2, 2014
Page 3
PLANNING COMMISSION PROCEDURE
For those in the audience who are not familiar with the operation of a Planning Commission, the following
is a summary of the procedure:
On matters concerning applications for Specific Plans, Planned Unit Developments, Master Plans, Street
Name Changes, Condominium Permits and Tentative Subdivision Maps over 50 units, the Planning
Commission acts in an advisory capacity to the City Council. These items are automatically forwarded to
the City Council with a report from the Planning Commission.
On matters concerning amendments to the General Plan and Zone Codes, or applications for Zone Change,
Precise Development Plans and Site Development Plans, the Planning Commission acts in an advisory
capacity to the City Council if the Planning Commission recommends approval. But, if the Planning
Commission wishes to deny the application, they act as final decision makers. Therefore, if the Planning
Commission recommends approval, the item is automatically forwarded to the City Council. If it is denied
by the Planning Commission, the application must be appealed if it is to go forward to the City Council.
On matters concerning applications for Variances, Conditional Use Permits, Special Use Permits, Planned
Unit Developments, Site Development Plans, Condominium Permits and Tentative Subdivision Maps for
fewer than 50 units, the Planning Commission is delegated the authority to take final action, unless those
items are appealed to the City Council. Applicants or protestants of record should contact the City Planner
for further information on the right of appeal. An appeal may be filed with the City Clerk at City Hall within
(10) calendar days of the decision. The cost of filing an appeal is $1,062 plus noticing costs.
For each item on the agenda, the planning staff will present a report to the Planning Commission. On items
for public hearing, the audience will be asked for comment. Those wishing to speak are asked to come
forward, speak into the microphone, and give their name and address for the taped record. A time limit of
five minutes is allotted to each speaker. After testimony is completed, the applicant is allowed a rebuttal.
The Planning Commission is anxious to hear all persons wishing to give testimony. However, it is requested
that each new speaker add new information, and not repeat points which previous speakers have made.
Persons not desiring to speak, but wishing to be recorded as proponents or protesters of record, may do so
by submitting their name and address to the minutes clerk.
Community & Economic Development
1635 Faraday Ave. Carlsbad, CA 92008 760-602-2710 760-602-8560 fax
AGENDA ITEM #2
Memorandum
April 2, 2014
To: Planning Commission
From: Don Neu, City Planner
Re: Agenda Item #2 – Power Plant Agreement
At the April 2, 2014 Planning Commission meeting, Assistant City Manager, Gary T. Barberio will
provide the commission with an overview of the Settlement 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). The City Council approved the Agreement on January 14, 2014,
(Resolution 2014-010).
A summary of the specific provisions of the Agreement is provided in the attached Exhibit 1. The
general points of the Agreement are as follows:
NRG will amend its CECP project, proposing a plant that is more environmentally friendly, lower
profile, utilizing “peaker” technology, with the amount of power generation facilities allowed on
site and hours of operation capped.
NRG will immediately begin the process to completely shut down and demolish the Encina
Power Station structures at no cost to taxpayers and begin the process to remediate and
redevelop the site.
SDG&E would propose to relocate its operations yard (“North Coast Service Center”) at NRG’s
expense and transfer ownership of the service center property (along with the Cannon Park
site) from SDG&E to the city, as long as it is cost neutral to SDG&E and its ratepayers, freeing up
the service center land for more appropriate uses. If it is not possible to relocate the service
center, NRG will pay the city $10 million.
In exchange for these conditions the city will support the new CECP project.
The purpose of the overview is to introduce the commission to the Agreement and to provide
commissioners an opportunity to ask questions about the Agreement.
Attachments:
Exhibit 1 – Summary of Specific Provisions of the Agreement
Exhibit 2 – Aerial Photo: CECP Amended site, EPS site, and SDG&E Lot 11
Exhibit 3 – Aerial Photo: NRG-SDG&E Public Land Dedications
Exhibit 1
Summary of Specific Provisions of the Agreement
Amended CECP
NRG, the City and the CMWD commit to the following associated with Amended CECP:
NRG agrees that the CECP site is limited to no more than approximately 600
megawatts of fossil fuel power generation utilizing a peaker configuration (6 GE
LMS100s and a 1-2 mw black start unit);
NRG agrees that the CECP will be located east of the railroad tracks and west of Interstate 5, occupying the current location of the aboveground fuel oil storage tanks 4-
7;
NRG agrees that the CECP will not operate between the hours of midnight to 6:00
a.m., unless directed to do so by CAISO;
NRG agrees that the CECP will be designed to address all Carlsbad Fire Department
safety concerns;
The City and the CMWD will work cooperatively with NRG to establish related services to CECP including recycled water supply, potable water supply, sanitary sewer service,
fire response, and natural gas line service;
The City and NRG will work cooperatively to identify and provide easements necessary
for the Agua Hedionda Lift Station and the Vista-Carlsbad Interceptor Sewer Pipeline projects;
The City and NRG will work cooperatively to determine a mutually acceptable
alignment for the Coastal Rail Trail.
Encina Power Station
NRG commits to the following related to the Encina Power Station:
Within 30 days of the Agreement execution, NRG will initiate measures to shut down
Units 1-5 of the EPS;
NRG agrees to shut down EPS (Units 1-5) the earlier of (a) midnight on December 31, 2017, or (b) the commercial operation date of CECP;
o If the EPS continues to operate beyond the shutdown date, NRG will pay the
City (on a monthly basis), a liquidated damages payment equal to $1/kW-mo.
multiplied by the greater of (a) the generating capacity of the Unit or Units (in
MW) remaining online or (b) 300 MW (estimated at approximately $3.6 to $12 million annually).
NRG will start and will fully fund the above-ground demolition and remediation of all
EPS structures within 1 year following the shut down and will complete within 2 years
of the start of demolition;
NRG will remediate the environmental concerns that are not associated with the
above-ground demolition in conjunction with redevelopment of the EPS site;
NRG will present to the City an initial proposed strategy for the redevelopment of the EPS site within 180 days of the Agreement execution;
NRG will grant the City Irrevocable Offers of Dedication (IODs), in addition to the
easements already agreed to as a part of the Poseidon Desalination Plant (PDP) project, over those properties identified in the PDP approval (Bluff Area Parcel, Fishing
Beach Parcel, Hubbs Site Parcel, and South Power Plant Parcel).
SDG&E North Coast Service Center and SDG&E Encina Power Station substation
NRG, SDG&E and the City commit to the following related to the SDG&E North Coast Service
Center (Service Center) and the SDG&E Encina Power Station substation:
Service Center
SDG&E and the City agree to work in good faith to relocate the Service Center from its
current location to (a) land SDG&E currently owns on the north side of Cannon Road
east of I-5 known as Parcel 11, or (b) another site mutually acceptable to the City and SDG&E, provided that:
o The cost of the new Service Center is done in a manner which is cost neutral to
SDG&E and its ratepayers;
o The “all in” cost of the Service Center relocation shall not exceed $22.5 million
as long as the new Service Center is in operation by December 31, 2017;
o The new Service Center is built to SDG&E specifications and is constructed and
transferred to SDG&E at no cost to SDG&E;
o SDG&E will pay and NRG will reimburse the costs of feasibility studies needed
for the new Service Center location;
o Relocation of the Service Center is also subject to the following:
Execution of binding agreements on terms acceptable to SDG&E and
consistent with the above terms;
A Private Letter Ruling from the IRS, satisfactory to SDG&E, confirming
the tax treatment of the Service Center relocation;
Obtaining all required regulatory approvals;
SDG&E will transfer ownership of the existing Service Center buildings
and site, along with the Cannon Park site, and the Agua Hedionda North
Shore Bluff Parcel (APN 206-070-16) to the City upon SDG&E receiving
title to the new Ops Center.
NRG agrees to fund up to $22.5 million to relocate the Service Center, as funds are
needed beginning when NRG issues the final notice to proceed for the CECP;
If the notice to proceed for construction of the new Service Center is not issued by the
3rd anniversary of the operation date for the CECP, NRG agrees to pay the City $10 million, and NRG would then have no further obligations;
If the City takes title to the existing Service Center site, the City and NRG agree to
consider a joint development strategy for the EPS site and the Service Center site;
The City and NRG will work cooperatively in addressing the EPS site and the existing Service Center site in the pending citywide General Plan update.
SDG&E Encina Power Station substation
SDG&E agrees that, as a part of a long-term plan and contingent upon the successful
execution of a Power Purchase Agreement (PPA) with NRG for the Amended CECP, it
will work cooperatively with the City to identify and permit a new substation site, such
that any future material improvements or expansions to the transmission system, beyond the needs of CECP, would be made at the new site.
City and CMWD Obligations
The City commits to the following within the Agreement:
The City will support NRG’s Petition to Amend (PTA) application to the California
Energy Commission (CEC) for the proposed changes to the CECP approval;
City agrees to not oppose the continued operation of EPS until the earlier of January 1, 2018 or the commercial operation date of Amended CECP;
The City and CMWD, along with NRG, will review all city ordinances, resolutions,
policies, regulatory documents, etc. that may conflict with the Amended CECP project and the City will consider recommending revisions to such documents to the City Council and the CMWD Board of Directors.
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AGUA HEDIONDA LAGOON
CarlsbadDesalination Plant
Proposed CarlsbadEnergy Center Project
NRG Property
Encina Power Station
SDG&E Substaion &Switch Yards
SDG&E North CoastService Center
Cannon Park
SDG&E Lot 11
J:\Requests2010Plus\PropEnviron\MuniProp\5225912_14Indicative, for discussion only. All boundaries are approximate.
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J:\Requests2010Plus\PropEnviron\MuniProp\5225912_14Indicative, for discussion only. All boundaries are approximate.
1 - Aqua No Shore Parcel
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5 - South Power Plant
6 - SDG&E Service Center7 - Cannon Park
Owner
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SDG&E