HomeMy WebLinkAbout2014-04-22; City Council; Resolution 2014-074EXHIBIT 2
1 RESOLUTIONNO. 2014-074
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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.
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WHEREAS, on May 12,1998, the City Council adopted Resolution of Intention 98-
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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
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issues regarding specific land uses, including use ofthe power plant property, inconsistent land
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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
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amendment of the public utility exemptions from the Zoning Ordinance's non-conforming use
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provisions; and
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WHEREAS, on June 11, 2002, the City Council confirmed that the comprehensive
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27 analysis or specific plan update should be applicant/property owner-initiated, and, although the
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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
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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
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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
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addressing San Diego Gas and Electric's (SDG&E) need to procure gas-fired power generation
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up to 600 MWs in the San Diego region; and
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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
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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
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changes in CECP plant design, energy Infrastructure and property considerations beneficial to
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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
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associated with the amendment; and
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WHEREAS, staff has reviewed Resolution 98-145 as one of the prior legislative
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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
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longer necessary as the purpose of that requirement is fulfilled; and
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WHEREAS, these land use actions and project approvals include the Agreement,
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which satisfactorily addresses the many long-term, unresolved issues regarding the Encina
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27 Power Station and its demolition and site remediation, its initial redevelopment strategy, future
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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
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commercial and open spaces uses forthe Encina Power Station and adjacent SDG&E operations
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center; the long term stewardship of Agua Hedionda Lagoon by Poseidon Resources, including
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its dredging, upon shut down of the Encina Power Station; the approval of the Cannon Road
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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,
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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.
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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.
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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)