HomeMy WebLinkAbout2009-01-27; City Council; Resolution 2009-020EXHIBIT 4
1 JOINT RESOLUTIONS NO. 2009-020
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD AND THE HOUSING & REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD,
4 CALIFORNIA, FINDING THAT THE PROPOSED
CARLSBAD ENERGY CENTER PROJECT DOES NOT
5 COMPLY WITH ALL APPLICABLE LAND USE LAWS,
REGULATIONS, ORDINANCES, AND STANDARDS
6
7 WHEREAS, NRG Energy, Inc. has submitted an Application for Certification
8 (AFC) for the Carlsbad Energy Center Project (CECP) to the California Energy
9
Commission (CEC); and
10
WHEREAS, the CEC has jurisdiction in approving new power plants over 49
11
mega watts; and
12
WHEREAS, the City of Carlsbad recognizes the need to develop energy
resources that meet the growing demands of our region; and
15 WHEREAS, as home to the existing Encina Power Station (EPS) since the 1950s
16 and the numerous other regional facilities, Carlsbad understands a community's
17 responsibility in hosting regional resources and the impacts associated with such; and
18 WHEREAS, due to recent advances in technology, a state-of-the-art power plant
19 is not coastal dependent land use; and
20 WHEREAS, the proposed CECP would constitute a non-coastal dependent
21
industrial land use at the EPS site for an estimated additional 40 years; and
22
WHEREAS, the proposed CECP will negatively impact the future redevelopment
23
of the EPS site (defined as those parcels owned by NRG and San Diego Gas and
25 Electric which are located west of Interstate 5, North of Cannon Road, South of Agua
26 Hedionda Lagoon, and East of Carlsbad); and
27
28
1 WHEREAS, the City Council has reviewed the AFC and found it to be
2 inconsistent and detrimental to the best interests of the community; and
WHEREAS, the proposed CECP contains severe and possibly unavoidable
4
environmental impacts; and
5
WHEREAS, the City of Carlsbad has required for over twenty-five years that a
6
comprehensive land use plan be conducted for Specific Plan 144 (which includes the
7
Encina Power Station site) to clearly identify acceptable future land uses and guide site
o
9 Redevelopment, which results in land use incompatibility without the desired update;
10 and
11 WHEREAS, any proposed non-coastal dependent industrial land use (including
12 energy generation) should be located away from the Encina Power Station site to avoid
13 impacting significant coastal resources; and
14 WHEREAS, the proposed CECP has failed to demonstrate any extraordinary
15 public benefit as required by the South Carlsbad Coastal Redevelopment Plan;
16
WHEREAS, the City of Carlsbad has provided on numerous occasions the City's
17
perspective of the applicable land use regulations in relation to the CECP; and
1 o
WHEREAS, The California Energy Commission staff should recognize City
2Q Council's authority in determining local land use laws, ordinances, regulations, and
2i standards.
22
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, and the Housing & Redevelopment Commission of the City of Carlsbad,
California, as follows:
26
1. That the above recitations are true and correct.
27
28
46
1 2. That the City Council and the Housing & Redevelopment Commission
2 have reviewed the record of information available to California Energy
Commission.
4
3. The City Council and the Housing & Redevelopment Commission, based
5
on the above mentioned information, find that proposed CECP does not
6
comply with applicable land use regulations and the Redevelopment Plan of
8 the City of Carlsbad.
9 4. Recommends that the California Energy Commission staff recognize this
10 non-compliance and reflect City Council's position into the California Energy
11 Commission's CECP Staff Analysis.
12 ///
13
14
15
16
17 '"
18 /»
19 ///
20 ///
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 Joint Special Meeting of the
Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 27th day of January, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLAUDE A LEWIS, Chairman
ATTEST:
TISA HILDABRAND, Secretary
(SEAL)
<
r o; ESTABLISHED \
1970
^ MSyor
ATTEST:
LORRAINE M. WOOD, City CMrk""//,,'
SEAL *