HomeMy WebLinkAbout1989-03-21; City Council; Resolution 89-91._ I/ 0 0
1 RESOLUTION NO. 89-91
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING ITS
INTENTION TO CONSIDER AN AMENDMENT OF THE
GENERAL PLAN, LOCAL COASTAL PLAN AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT ON-
SHORE OIL AND GAS SUPPORT FACILITIES.
WHEREAS, the United States Department of Interioi
6 ii proposed to add 17 North County parcels to lease sale numb1
7 // which includes 76,735 sea bottom acres north of Encinitas incl
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the sea bottom off Carlsbad's coastline: and,
WHEREAS, the City Council is concerned regardin'
adverse environmental impacts from the location and maintenar
on-shore oil and gas support facilities including, but not lj
n to, processing plants, refineries, storage facilities, trc a mw I?g !gz 8
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stations, pipelines, warehouses, offices, tanker termj
helicopter pads and the like along Carlsbad's coastline; ani
WHEREAS, such adverse environmental impacts may il
catastrophic environmental damage tothe marine ecosystem res1
from a failure of those facilities; and,
WHEREAS, further adverse environmental impact,
include increased air pollution, water pollution, traffic,
2o /I visual, scenic and aesthetic impacts; and,
2x ll WHEREAS, there is a strong likelihood that E
22 II adverse effects will result from on-shore processing, stom
23 11 related service facilities supporting off-shore oil a1
24 11 development authorized by the federal and state government:
25 11 WHEREAS, Government Code Section 65358 permi'
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legislative body of the City to change or add to all or part
adopted general plan when it deems it to be in the public in.
and,
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WHEREAS , the Outer Continental Shelf Lands Act ('to(
(43 U.S.C. Section 1331 et seq.) specifically reserve right
states and their political subdivisions to express concerr
their coastal environments: and,
WHEREAS, OCSLA declares the rights and responsibi:
of all states and the local governments to preserve and p:
their marine, human, and coastal environments through such
as regulation of land and of related development and activity
WHEREAS, in adopting OCSLA, Congress did not intt
occupy the field of regulation of the coastal areas of the s
and ,
WHEREAS, the Coastal Zone Management Act ('ICZMA'
U.S.C.Section 1453 et seq.) requires coastal states' progr
be submitted and approved by the U.S. Secretary of Commerce
WHEREAS, California has a coastal program now in
which has been approved by the Secretary of Commerce undc
CZMA; and,
WHEREAS, that program is embodied in the Cali
Coastal Act of 1986 (California Public Resources Code Sectior
et seq. ) ; and,
WHEREAS, the federal government's approval c
California program presumes that the program gives attention
national interests articulated in the Act but also reserves
City the right to enact a local coastal program recognizinc
local concerns; and,
WHEREAS, oil and gas support facilities could bc
off-shore albeit at greater expense than locating thes
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3. // facilities on-shore; and,
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WHEREAS, off-shore oil has a higher sulphur content
oil produced on-shore: and,
WHEREAS, such facilities are inconsistent wit1
5 redevelopment plan, village design manual and the local cc
6 plan for the redevelopment area,
7 NOW, THEREFORE, the City Council of the City of Car:
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California, finds as follows:
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1. That the above recitations are true and correc
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prohibit on-shore oil and gas facilities including, but not 1 12
its general plan, local coastal plan and zoning ordinanc 11
2. That it is the intention of the City Council to
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gkzi stations, pipelines, warehouses, offices, tanker term owe 14
helicopter pads and the like, except upon findings by the C "Gr< E;d0 zZ%a zo Y >$ 5 17
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zWod 16 that all of the following are true:
(a) Approval of the proposed project and faci
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(c) The benefits of the proposed project ( 22
a potential threat of damage or injuries to nearby residen 21
(b) Approval of the proposed project will nl
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outweigh the possible adverse environmental effects.
proposed project . 25
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(d) There are no feasible alternatives
(e) The location and approval of the o
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facilities at the particular location clearly outwej
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potential harm to public health, safety, peace, morals, con
underlying zone. 7
(f) The proposed project is permitted withj 6
welfare of the City, and 5
to property in the neighborhood, community or to the gc 4
neighborhood or community and will not be detrimental or injc 3
and general welfare of persons residing or working ir
8 3. The City Council directs the Planning Direct
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public hearing and recommendation to the Council 11
matter without undue delay before the Planning Commissic 10
conduct the necessary studies, notices, and reports and bril
12 PASSED, APPROVED AND ADOPTED at a Regular Meeting
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City Council of the City of Carlsbad on the 21st day of $
1989, by the following vote, to wit:
AYES: Council Members Kulchin, Pettine, Mamaux and Larso
NOES: None
ABSENT: Council Member Lewis &>pA CLAUDE A. IS, Mayor
ANN J. KULCHIN, May r Pro-Tem
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ATTEST :
(SEAL)
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