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HomeMy WebLinkAbout2009-12-01; City Council; Resolution 2009-299/>// 2— 1 RESOLUTION NO. 2009-299 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING ITS 3 INTENTION TO STUDY AND CONSIDER 4 AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN , ZONING ORDINANCE AND OTHER 5 REGULATIONS PERTAINING TO THE LOCATION AND OPERATION OF THERMAL ELECTRIC POWER 6 GENERATION FACILITIES WITHIN THE CITY 7 WHEREAS, at its regular meeting on October 20, 2009, the City Council 8 9 adopted Resolution No. 2009-263 which declares its intention to consider amendments 10 to the General Plan, the Zoning Ordinance and other regulations pertaining to the 11 location and operation of thermal electric power generation facilities within Carlsbad's 12 Coastal Zone; and 13 WHEREAS, City staff was authorized and directed to study and prepare 14 recommendations and to set public hearings before the Planning Commission and City 15 Council to determine whether the present General Plan and Zoning designations for 16 thermal electric power generation facilities within the City, including the Encina Power 17 Station site, should be amended; and 18 WHEREAS, the study may include preparing land use alternatives and/or 20 a "Conceptual Master Plan or Land Use Development Strategy" for the properties 21 included in the Encina Power Station site and, may include the use of consulting firms to 22 assist city staff in preparing said land use alternatives for the Encina Power Station site 23 and/or preparing appropriate environmental review documents; and WHEREAS, staff is also directed to consider the repeal or amendments to 25 Carlsbad Municipal Code section 21.48.100 regarding Public Utility exemptions from the 26 non-conforming use provisions to the Zoning Ordinance, as appropriate; and 27 28 1 WHEREAS, City staff have developed land use study options for City 2 Council consideration; and 3 WHEREAS, projected cost for professional consultant services for said 4 land use study for the Encina Power Plant and related properties and/or related 5 environmental review is estimated to be no more than $200,000, and shall be paid for 6 by the Carlsbad Redevelopment Agency with funds loaned to said Agency from the City 7 of Carlsbad pursuant to a Cooperative Agreement approved by the Council and8 9 Housing and Redevelopment Commission on August 7, 2001; and 10 WHEREAS, the City Council desires to loan the Carlsbad Redevelopment 11 Agency said funds in order to complete said study and related environmental review. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 13 Carlsbad, California as follows: 14 1. That the above recitations are true and correct. 15 2. That pursuant to Section 21.52.020 of the Carlsbad Municipal Code and 16 Section 65358 of the State Government Code, the City Council of the City of Carlsbad17 y 18 declares its intention to consider amendments to the Land Use Element of the General 19 Plan, the Zoning Ordinance and other regulations pertaining to the location and 20 operation of thermal electric power generation facilities within the City of Carlsbad. 21 3. That the Planning Director is hereby authorized and directed to study this 22 land use matter, prepare recommendations and to set public hearings before the 23 Planning Commission, City Council, and Housing and Redevelopment Commission to 24 determine whether the present Land Use Element of the General Plan and Zoning 25 designations for thermal electric power generation facilities within the City, including the 26 Encina Power Station site, should be amended. 28 1 4. That the Planning Director is hereby authorized and directed to study 2 alternative land uses and, if appropriate, prepare a "Conceptual Master Plan and/or 3 Land Use Development Strategy" for the properties included in the Encina Power 4 Station site. 5 5. That the Planning Director is authorized to solicit Requests for 6 Qualifications (RFQ's) and/or Proposals from consulting firms that are qualified and 8 interested to assist Director in completing said study and preparing recommendations 9 on alternative land uses for the Encina Power Station site and/or prepare the 10 appropriate environment review document. 11 6. That the Planning Director is also directed to consider the repeal or 12 amendment to Carlsbad Municipal Code section 21.48.100 regarding Public Utility 13 exemptions from the non-conforming use provisions to the Zoning Ordinance, as 14 appropriate. 15 7. That the City Council authorizes the Finance Director to appropriate 17 funding in the form of a loan to the Carlsbad Redevelopment Agency in an amount not 18 to exceed $200,000 from the General Fund-Fund Balance to complete the desired study 19 and alternative land use recommendations report and/or related environmental review 20 for the Encina Power Plant properties, and that said loan shall constitute an 21 indebtedness of the Housing and Redevelopment Commission and shall be repaid. 22 23 24 25 26 27 28 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 Joint Special Meeting of the Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on the 1st day of December 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. LEIS, Mayor ATTEST: LORRAINE M. WO ity Clerk '