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HomeMy WebLinkAbout2014-04-22; City Council; Resolution 2014-074EXHIBIT 2 1 RESOLUTIONNO. 2014-074 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, FINDING THE REQUIREMENT OF CITY COUNCIL RESOLUTION 98-145 TO COMPREHENSIVELY UPDATE SPECIFIC 4 PLAN 144 IS NO LONGER NECESSARY AS THE PURPOSE OF THAT REQUIREMENT IS FULFILLED. 10 11 12 13 WHEREAS, on May 12,1998, the City Council adopted Resolution of Intention 98- 5 6 7 145, declaring its intention to study and consider amendments to the General Plan, Zoning 8 designations and the Zoning Ordinance pertaining to the Encina Power Plant and surrounding ^ properties then under the ownership of the San Diego Gas and Electric Company and directing staff to prepare a work plan and commence a study regarding the amendments; and WHEREAS, the resolution of intention was directed not only at the Encina Power Station but all other properties within the 680-acre Encina Specific Plan (Specific Plan 144), 14 which encompasses Agua Hedionda Lagoon and surrounding properties and extends from the 15 Pacific Ocean to Cannon Road to the east; and 16 WHEREAS, the purpose and objective of Resolution 98-145 was to 17 . . . comprehensively study Specific Plan 144 properties to address the many long-term, unresolved 18 issues regarding specific land uses, including use ofthe power plant property, inconsistent land 19 20 use designations and Local Coastal Program requirements which had not been addressed, 21 among others; and 22 WHEREAS, the resolution also directed staff to consider the repeal or 23 amendment of the public utility exemptions from the Zoning Ordinance's non-conforming use 24 provisions; and 25 WHEREAS, on June 11, 2002, the City Council confirmed that the comprehensive 26 27 analysis or specific plan update should be applicant/property owner-initiated, and, although the 28 1 update has not occurred and has been waived as a requirement by the City Council from time 2 to time, the city has continued to apply the requirement to development proposals in Specific Plan 144, both public and private; and WHEREAS, in May of 2012, the California Energy Commission (CEC) approved NRG's application for certification of the Carlsbad Energy Center Project (CECP) over the 3 4 5 6 7 vigorous objections of the City of CaHsbad and the Carlsbad Redevelopment Agency; and 8 WHEREAS, as part of the certification proceedings, the city recommended unsuccessfully the CEC apply the comprehensive update requirement; and WHEREAS, since October, 2012, the energy supply environment in Southern California has dramatically changed due to the permanent closure of the San Onofre Nuclear Generation Station (SONGS) and as a result the California Independent System Operator 9 10 11 12 13 14 (CAISO) and the California Public Utilities Commission (CPUC) have determined that additional 15 power generation capacity is currently needed in the San Diego Region by 2018; and WHEREAS, most recently on March 13, 2014, the CPUC approved a decision 17 addressing San Diego Gas and Electric's (SDG&E) need to procure gas-fired power generation 18 up to 600 MWs in the San Diego region; and 19 2Q WHEREAS, given the recent CAISO and CPUC determination of power needs in 21 the San Diego region, SDG&E recently indicated its interest in entering into a Power Purchase 22 Agreement (PPA) with NRG for electricity generated from the CECP, but only if NRG is willing to change the proposed technology ofthe approved CECP from a "combined-cycle configuration" plant to a "peaker configuration" plant and submit a Petition to Amend (PTA) application to the CEC for the previously approved CECP; and 23 24 25 26 27 28 1 WHEREAS, NRG is interested in submitting a PTA application, but only if the City 2 and former Redevelopment Agency would be supportive of such an application; and WHEREAS, on January 14, 2014, the City Council and CaHsbad Municipal Water District approved the Settlement Agreement (Agreement) between and among the City of Carlsbad, the Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad Energy 7 Center LLC (collectively "NRG"), and SDG&E to support a change in the proposed technology of 8 the approved CECP and the submittal of a PTA application to the CEC for approval of the ^ technology change, conditioned upon the decommissioning, demolition, removal and 10 . ,. u remediation of the current Encina Power Station (EPS) site by a certain date, as well as other 11 changes in CECP plant design, energy Infrastructure and property considerations beneficial to 12 j3 the residents of CaHsbad; and 14 WHEREAS, the Agreement directs staff to review the City's prior legislative 15 actions concerning the CECP and recommend changes, if any, as may be necessary to reflect the changed circumstances, reduced environmental profile and significant community benefits 17 associated with the amendment; and 18 WHEREAS, staff has reviewed Resolution 98-145 as one of the prior legislative 19 20 actions, and, based on the many benefits provided in the Agreement as well as land use actions 21 and project approvals that have occurred since 1998 or that are presently underway, 22 recommends the resolution's requirement to comprehensively update Specific Plan 144 is no 23 longer necessary as the purpose of that requirement is fulfilled; and 24 WHEREAS, these land use actions and project approvals include the Agreement, 25 which satisfactorily addresses the many long-term, unresolved issues regarding the Encina 26 27 Power Station and its demolition and site remediation, its initial redevelopment strategy, future 28 1 power generation, and disposition of SDG&E properties along Carlsbad Boulevard; the draft 2 preferred land use plan prepared for the General Plan Update, which identifies visitor-serving 3 commercial and open spaces uses forthe Encina Power Station and adjacent SDG&E operations 4 center; the long term stewardship of Agua Hedionda Lagoon by Poseidon Resources, including 5 its dredging, upon shut down of the Encina Power Station; the approval of the Cannon Road 6 7 Open Space, Farming and Public Use Corridor, which applies to Specific Plan 144 agricultural 8 properties east of 1-5 and north of Cannon Road and which limits these properties to agricultural and open space uses consistent with Proposition D; and the Agua Hedionda Land Use Plan, part ofthe city's Local Coastal Program forthe power plant and lagoon area, which is a planned action ofthe overall General Plan Update now underway. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 9 10 11 12 13 14 California, as follows: 15 1. That the above recitations are true and correct 2. That the City Council finds the City Council Resolution 98-145 17 requirement to comprehensively update Specific Plan 144 is no longer necessary as the purpose of that requirement is fulfilled. 18 3. That City Council Ordinance CS-050, adopted in 2009, repealed and 1^ replaced the city's former non-conforming building and use standards (Carlsbad Municipal Code 20 Chapter 21.48) and specifically repealed the public utility exemptions therein. 21 /// 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 Regular Meeting ofthe City Council ofthe City of CaHsbad on the 22"'' day of April, 2014, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Schumacher and Blackburn. None. ABSENT: Council Member Hall. MARK PACKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, City Clerk (SEAL)