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HomeMy WebLinkAboutLCPA 89-01; City of Carlsbad Offshore Oil; Local Coastal Program Amendment (LCPA) (13)c-. Y STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CA LI FORN I A COASTA L COMMISSION SAN DIEGO COAST DISTRICT - 1333 CAMINO DEL R10 SOUTH, SUITE 125 SAN DIEGO, CA 92108-3520 - (61 9) 297-9740 November 27, 1989 - TO: FROM: SUBJECT : COMMISSIONERS AND INTERESTED PERSONS CHUCK DAMM, SOUTH COAST DISTRICT DIRECTOR DEBORAH N. LEE, COASTAL PROGRAM MANAGER, SAN DIEGO AREA OFFICE PAUL B. WEBB. COASTAL PROGRAM ANALYST, SAN DIEGO AREA OFFICE STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-89 TO THE CITY OF CARLSBAD LOCAL COASTAL PROGRAM (For Public Hearing and Possible Final Action at the Coastal Commission Hearing of December 12-15, 1989) SYNOPS 1 S BACKGROUND The Carlsbad Local Coastal Program consists of six geographic segments. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and I1 segments in 1980 and 1981, _respectively. found several provisions of the Mello I and I1 segments unacceptable and ~ declined to adopt the LCP implementing ordinances for the LCP. .In October, 1985, the Commission approved major amendments, related to steep slope protection and agricultural preservation, to the Mello I and I1 segments, which resolved the major differences between the City and the Coastal Comission. working towards certification of all segments of its local coastal program. Since the 1985 action, the Commission has approved several major amendments to the City of Carlsbad LCP. However, the City of Carlsbad The City then adopted the Mello I and I1 segments and began The proposed LCP amendment would apply to all segments of the City's Land Use Plan (LUP). areas within the City's coastal zone. The proposed changes in the zoning code would also apply to all SUMMARY OF AMENDMENT REQUEST The City of Carlsbad proposes to amend all six segments of the City's Local Coastal Program Land Use Plan to prohibit on-shore oil and gas support facilities except upon a determination of the City Council that the following six findings are true: the project will pose no danger to life and property; the project will not pose a potential threat of damage or injuries to residents; the benefits of the project clearly outweigh any adverse environmental effects; no feasible alternatives to the project exist; the approval at the particular location outweighs any potential harm to public health, safety, peace morals, comfort or general welfare; and the proposed project is permitted within the underlying zone. Page 2 The amendment request seeks to amend the zoning code to limit on-shore oil and gas support facilities to the C-M (Heavy Commercial-Limited Industrial), M (Industrial), and P-M (Planned Industrial) zones. A Conditional Use Permit (CUP) would also be required in these specified zones. SUMMARY OF STAFF RECOMMENDATION Staff recommends that the Commission approve, as submitted by the City of Carlsbad, LCP Amendment 1-89, to allow for the regulation of on-shore support facilities for off-shore oil and gas exploration and development activities, including changes to the City's zoning code limiting on-shore support facilities to the C-M, M and P-M zones and the requirement that a conditional use permit (CUP) be granted for such uses. found beginning on Page 4: the supporting findinqs beqin on Paqe 5 of this report. The appropriate resolutions can be ADDITIONAL INFORMATION Further information on the City of Carlsbad LCP amendment may be obtained from Paul Webb at the San Diego Area Office of the Coastal Commission, 1333 Camino del Rio South, Suite 125, San Diego, CA 92108-3520, (619) 297-9740. PART I. OVERVIEW ~ - A. LCP HISTORY The City of Carlsbad Local Coastal Program (LCP) currently consists of six segments: the Agua Hedionda Lagoon LCP segment comprised of approximately 1,100 acres; the Carlsbad Mello I LCP segment with 2,000 acres; the Carlsbad Mello I1 LCP segment which includes approximately 5,300 acres; the West Batiquitos Lagoon/Sammis Properties segment with 200 acres; the East Batiquitos Lagoon/Hunt Properties segment with 1,500 acres and the Village Area Redevelopment segment with approximately 100 acres (see Exhibit 1). The Mello I, Mello I1 and Agua Hedionda segments of the Carlsbad LUP cover the majority of the City's coastal zone. They are also the segments of the LCP which 1nvolve.the greatest number of coastal resource issues and have been the subject of the most controversy over the past years. involved in the process of certifying the land use plans for these segments were agricultural preservation, protection of steep-sloping hillsides and wetland habitats, the provision of adequate visitor-serving commercial facilities, and preservation of the scenic resources of the area. Among those issues 4 In the summer of 1985, the City submitted two amendment requests to the Commission; and, in October of 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and Mello I1 segments, respectively. These (major) amendments to the LCP involved changes to the agricultural preservation, steep slope protection and housing policies-of the Mello I and I1 segments of the LCP. After certification of these amendments, the City adopted the Mello I Page 3 and 71 LCP segments and began the process of preparing documents for "effective" certification of the entire LCP and assumption of permit authority for the City's coastal zone. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment of the LCP. cation maps occurred in December and the City assumed permit authority for this LCP segment plan area on December 14, 1988. To date, no other segments of the LCP have become fully certified. A review of the post-certifi- The City is currently in the process of preparing the various ordinance and post-certification maps for implementation of the remainder of its LCP. The City is also expected to prepare a single LCP document that incorporates into the originally-certified LCP segments all the LCP amendments which have occurred since the time-of the segments' certifications. 8. STANDARD OF REVIEW The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. This section requires the Commission to certify an LUP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act. Specifically, it states: (c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is-in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the Commission. Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions or their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of those Commissioners present. C. PUBLIC PARTICIPATION The City has held numerous Planning Commission and City Council meetings with regard to the the subject amendment request. All of these local hearings were duly noticed to the public. Notice of the subject review has been distributed to all known interested parties. PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. resolution and a staff recommendation are provided just prior to the resolution. The appropriate motion to introduce the Page 4 A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad LUP Amendment, entitled LCPA 89-1, to the Mello I, Mello 11, Agua Hedionda, East Batiquitos/Hunt Properties, West Batiquitos/Sammis Properties and Village Redevelopment Area segments, as submitted) MOTION I - - I move that the Commission certify the land use plan amendment, entitled LCPA 89-1, to the City of Carlsbad's Local Coastal Program, as submitted. Staff Recommendation Staff recommends a YES vote and the adoption of the following resolution and findings. Commissioners is needed to pass the motion. An affirmative vote by the majority of the appointed Resolution I The Commission hereby approves certification of the amendment to the Carlsbad's Local Coastal Program and adopts the findings stated below on the grounds that the land use plan, as amended, meets the requirements of and is in conformity with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the land use plan, as amended, will contain a specific access component as required by Section 30500 of the Coastal Act; the land use plan, as amended, will be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment meets the requirements of Section 21080.5(d)(2)(1) of the California Environmental Quality Act, as there would be no feasible mitigation measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment. B. RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad LCP Implementation Plan Amendment, entitled ZCA 89-1, to the Mello I, Mello I:, Agua Hedionda, East Batiquitos/Hunt Properties, West Batiquitos/Sammis Properties and Village Redevelopment Area segments, as submitted) MOTION I1 I move that the Commission reject the implementation plan amendment, entitled ZCA 89-1, to the City of Carlsbad Local Coastal Program, as submitted. . Page 5 Staff Recommendation Staff recommends a and findings. present is needed to pass the motion. vote and the adoption of the following resolution An affirmative vote by a majority of the Commissioners Resolution I1 The Comnission hereby approves certification of the amendment to the City of Carlsbad's Local Coastal Program on the grounds that the amendment conforms with, and is adequate to carry out, the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment. PART 111. FINDINGS FOR APPROVAL OF LAND USE PLAN AMENDMENT/LCPA 89-1 A. AMENDMENT DESCRIPTION. The,City of Carlsbad praposes to amend all six segments of the City's Local Coastal Program Land Use Plan. That is, the Mello I, Hello 11, Agua Hedionda, East Batiquitos/Hunt Properties, West Batiquitos/Samnis Properties and Village Redevelopment Area segments of the Carlsbad LCP will be amended to restrict on-shore oil and gas support facilities except upon a determination of the City Council that the following six findings are true: (a) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. (b) Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to the proposed project. (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and (f) The proposed project is permitted within the underlying zone. t Page 6 - B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT. The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that the portion of the LCP amendment known as LCPA 89-1, as set forth in the resolution for certification, is consistent with the policies and requirements of Chapter 3 of the Coastal Act and does meet the basic state goals specified in Section 30001.5 of the Coastal Act which states: The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: a) Protect, maintain and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources. b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economical needs of the people of the state. c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. d) Assure priority for coastal-dependent and coastal-related development over other developments on the coast. e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. C. CONFORMITY OF LCPA 89-1 WITH CHAPTER 3 POLICIES OF THE COASTAL ACT. 1. Planning and Locatinq New Development. Section 30250(a) of the Act states, in part: (a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accomnodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have a significant adverse effects, either individually or cumulatively, on coastal resources. In addition, Section 30260 of the Act states: Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be - accommodated consistent with other policies of this division, they may Page 7 nonetheless be permitted in accordance with this section and Sections. 30261 and 30262 if (1) alternative locations are infeasible or more environmentally damaging; (2) to do otherwise would adversely affect the public welfare; and (3) environmental effects are mitigated to the maximum extent feasible. The proposed amendment to the Carlsbad LUP would have one material effect on land use decisions in the City's coastal zone. On-shore support facilities for off-shore oil and gas development would only be allowed where six specific findings could be made. The findings, listed above, primarily relate to insuring that the public health, safety and welfare are not abridged by the development of such uses, that no adverse environmental impacts will result from such uses, and that they are consistent with the underlying zone designation of any candidate site. Currently, there are no coastal dependent industrial uses or sites within the incorporated limits of the City of Carlsbad. located directly on the shoreline is the San Diego Gas & Electric Encina Generation facility located at Agua Hedionda Lagoon. Several other industrial and limited-industrial/comnercial type facilities are or have been located in the southerly portions of the City, but these sites are located inland from Carlsbad Blvd. and are not directly on the coastline. None of the Carlsbad LCP segments contain policies governing coastal dependent industrial uses. The only industrial facility In past actions, the Comnission has found that certain on-shore support facilities for oil and gas exploration and development constitute coastal dependent industrial facilities. In reviewing the proposed LUP amendment, the Comission is mindful of the high priority placed on coastal dependent industrial uses by the policies of the Coastal Act. Clearly, land use policies which would prohibit coastal dependent industrial facilities, including the construction of certain types of on-shore oil and gas support facilities, from being developed in appropriate locations would not be consistent with Sections 30250 or 30260 of the Act. The proposed amendment does not, however, prohibit such uses. On-shore support facilities would be allowed, subject to findings that such uses are not inconsistent with public health, safety and welfare needs. Although the wording is different, the findings required under LCPA 89-1 are generally consistent with the requirements of Section 30260, which allow new coastal dependent industrial uses only where there are no feasible less environmentally-damaging alternatives, no adverse impacts to the public welfare, and where mitigation has been provided. Therefore, give that the proposed amendment would not preclude the City's ability to provide for high- priority land uses, the Commission finds that the subject amendment request is consistent with Sections 30250 and 30260 of the Act. Page 8 - PART IV. FINDINGS FOR APPROVAL OF IMPLEMENTATION PLAN AMENDMENT/ZCA 89-1 __ A. AMENDMENT DESCRIPTION As a companion to LCPA 89-1, the City has also proposed an amendment to the zoning code, ZCA 89-1. facilities to the City's industrial zones, the P-M (Planned Industrial), C-M (Heavy Comercial/Limited Industrial) and M (Industrial) zones. Such uses would be allowed only subject to a Conditional Use Permit (CUP). ZCA 89-1 would limit on-shore oil and gas support B. CONFORMITY OF THE IHPLEHENTATTON PLAN AMENDMENT WITH THE CERTIFIED LAND USE PLAN In review of the proposed zoning code amendment, the amendment must be consistent with and adequate to carry out the policies of the certified LUP. With regard to this particular amendment to the City's Implementation plan, one additional factor is also Important; the availability of industrially zoned land at or near the shoreline that could accommodate coastal dependant industrial facilities. The proposed LUP amendment would seek to regulate the use of shoreline and near-shoreline properties through the application of specific criteria and the adoption of mandatory findings that indicate that oil and gas support facilities would not have any adverse impacts on public health, safety and welfare. The proposed zoning amendment proposes to implement the making of such findings through the CUP process. for the discretionary action mechanism necessary to make such findings. is, the CUP process provides for review by a decision-making body, which is empowered to make the necessary findings. - The use of the CUP process would allow That Of greater significance, however, is the provision of both appropriate zones for on-shore support facilities and appropriate land available with the zone designations. The City of Carlsbad has proposed to utilize three industrial zones for potential on-shore support facilities, the M, C-M and P-M zones. These industrial zones would, generally speaking, support the broad types of uses that would include activities normally associated with on-shore oil and gas facilities. The allowed uses in the current zoning code would include manufacturing, processing, storage, distribution facilities, machine shops and other uses that would be similar to on-shore oil and gas support facilities. In this respect, ZCA 89-1 is consistent with and adequate to carry out the policies of the amended LUP. The remaining question revolves around the availability of industrially zoned land suitable for on-shore support facilities. existing uses of the City's actual shoreline, many of the the typical kinds of on-shore oil and gas support facilities would not find suitable locations on Carlsbad's beach front. The City supports no marinas, harbors or piers, and has not developed a transportation infrastructure necessary to provide direct support to an off-shore oil platform, as one example. The majority of the ~ shoreline is characterized by either steep coastal bluffs and/or public recreational facilities, including Carlsbad State Beach and South Carlsbad Taken in the context of Page 9 - State Beach, which, taken together, account for about 75% of the City's s horel i ne. The remaining areas which offer large parcels typically required by industrial uses, which could be suitable for industrial uses and which are located near to the shoreline are located in south Carlsbad, between Carlsbad Blvd. and 1-5. The area is bounded on the north by Cannon Road, and on the south by Poinsettia, and contains a number of large parcels with industrial zoning. Any or all of these sites could be utilized for certain types of on-shore support facilities, other than those that require a waterfront location. - Given that existing property ownership and topography preclude the use of immediate waterfront areas for industrial facilities, and given that properties suitable for industrial uses are available in close proximity to the shoreline, the Commission finds that the proposed amendment to the City's zoning code will allow suitable areas for industrial use to accommodate for on-shore oil and gas support facilities. the potential for processing another land use plan and/or zoning amendment to support a specific proposal. amendment request ZCA 89-1 is consistent with and adequate to carry out the policies of all segments of the City of Carlsbad LUP, as amended. In addition, there would always be Therefore, the Commission finds that the subject PART V. CALIFORNIA ENVIRONMENTAL QUALITY ACT CONSIDERATIONS. Section 21080.9 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program or amendments to it. Instead, the CEQA responsibilities are assigned to the Coastal Commission. However, the Comission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process [see Section 15251(f) of the CEQA guidelines.] Thus, under CEQA, both the Commission and local government are relieved of the responsibility to prepare an EIR for each LCP or amendment thereof. Commission is required in an LCP amendment submittal to find that the LCP amendment does conform with CEQA provisions. In the case of the subject LCP amendment request, the Commission finds that approval of the subject LCP amendment would not result in significant environmental impacts under the meaning of the California Environmental Quality Act. ~ Nevertheless, the Specifically, the LCP amendment, provides for on-shore oil and gas support facilities, with adequate regulation to ensure that development of any such facilities would not have any adverse impacts upon the general health, safety and welfare of the area, and that no feasible less environmentally-damaging alternatives are available. Given these requirements in the amendment request, the Commission finds that the subject LCP amendment submittal will not result in significant environmental impacts under the meaning of the California Environmental Quality Act. Furthermore, the Commission finds that there are no feasible alternatives which have not been explored or implemented which would reduce the potential for any such impacts under the meaning of CEQA. (5099A) LOCAL COASTAL- PROGRAM 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 If IC 1: 1I 1: 2( 2: 2; 2: 24 21 2( 2' 21 RES3LUTION NO. 89-330 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PLAN TO PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES EXCEPT UPON THE CITY COUNCIL MAKING CERTAIN FINDINGS. LCPA 89-1 WHEREAS, on August 2, 1989 the Carlsbad Planning Commission adopted Resolution Nos. 2898 and 2901 recommending to the City Council that the Negative Declaration, and Local Coastal Plan, LCPA 89-1, be approved: and I WHEREAS, the City Council of the City of Carlsbad, on September 12, 1989 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Local Coastal Plan Amendment LCPA 89-1; and WHEREAS, a Negative Declaration was issued on June 7, 1989 and submitted to the State Clearinghouse for a 30 day review period. No comments were received from that review - period. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Resolution No. 2898 on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter and the Negative Declaration is hereby approved. .... .... .... 1 2 3 4 5 6 1 E I 1( 11 1; 1: , 14 I! 11 1' 1 1 2 2 2 2 2 2 2 i : 3, That the findings and conaztions of the Planning Commission in Resolution No. 2901 on file with the City Clerk - and incorporated herein by reference constitute the findings of the City Council in this matter and the Local Coastal Plan Amendment LCPA 89-1 is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19b day of SeDmer , 1989 by the following vote, to dit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: aQxl-A R. 6?mL ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- t. 1 - 1 2 3 4 5 6 9 E S I( 11 1: 1: 11 I! 11 1' 1 1 2 2 2 2 2 1 i I i I z I 2 - I t\ tL I The proposed amendment will prohibit on-shore oil and gas support facilities except in the C-H, H, and P-H Zones which allow land uses which will generally be more compatible with such facilities than uses found in other zones. PLANNING mISS ION RESOLUTION NO. 2900 A RSOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING AfWWAL OF A ZON€ CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.42, 21.53, 21.30, 21.32, and 21.34, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION(S) 21.42.010(15), 21.53.250, 21.30.010(29), 21.32.010(35), and 21.34.020(11), TO PROHIBIT ON-SHORE OIL AND GAS FACILITIES. APPLICANT: CITY OF CARLSBAD CASE NO.: ZCA 89-1 WHEREAS, the Planning Commission did on the 2nd day of August, 1989, 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 Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as fol 1 ows : - On-shore support facilities will require the approval of a conditional use pemit in addition to determining that all of the proposed findings are true which will assure that all potential adverse impacts are identified and mitigated. The proposed amendments will not cause any significant environmental impacts- and a Negative Declaration has been issued by the Planning Director on June 7, 1989 and recommended for APPROVAL, by the Planning Comnission on August 2, 1989. A) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAl of ZCA 89-1, according to Exhibit "A", dated August 2, 1989, attached hereto and made a part hereof, based on the following findings. 8) f i nd i nq: 1. 2. 3. ...e .... 1 2 3 4 5 6 7 0 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 Planning Cotmission of the City of Carlsbad, California, held on the 2nd day of August, - 1989, by the following vote, to wit: - AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, Erwln, McFadden, Holmes & Marcus. NOES : None. ABSENT: None. ABSTAIN: None. m&& MATTHbl HALL, Chairman CARLSBAD PLANNING COMMISSION ATTEST : s P1 anni ng Di rector PC RES0 NO. 2899 EXHIBIT "A" DATED AUGUST 2, 1989 The proposed project is permitted within the underlying - HELLO I SEGMENT OF THE LOCAL COASTAL PROGW EXHIBIT NO. L/ APPLICATION NO. (4UB% L C?A 1-89 LU 13 AwmmsXr' -n&F?? &C Cnlttornta consto1 Commlsrino C-. -1 SECT ION ACT ION 2. Standard Pacific (p. 3) 3. Occidential Land, Inc. (p. 8) 4. Rancho La Costa (Hunt Properties) (p. 18) Add Policy 6: Onshore Oil and Gas Support Facil i ties. Add Policy 5: Onshore Oil and Gas Support facilities. Add Policy 7: Onshore Oil and Gas Support Facil i ties. Proposed Policy: ON-SHORE OIL AND GAS SUPPORT FACILITIES Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carl sbad's coast1 ine and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. The benefits of the proposed project clearly outweigh the possible adverse environmental effects. There are no feasible alternatives to the proposed project. The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to pub1 ic health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or-injurious to property in the neighborhood, community or to the general welfare of the City, and x z