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HomeMy WebLinkAbout1976-05-04; City Council; 9456; Ord 9279 amend - SDG&E 400' stack construction SP1 2 3 4 5 6 7 8 9 10 11 12 12 2c 21 2: 21 24 2: 2t 2'; 21 k 0 -- ORDINANCE NO. 9456 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9279 BY THE AMENDMENT OF THE SPECIFIC PLAN SUBJECT TO CERTAIN CONDITIONS, OF A $00 FOOT SINGLE STACK TO REPLACE FOUR EXISTING STACKS AT THE ENCINA POWER PLANT ON PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 5 AND SOUTH OF THE AGUA HEDIONDA LAGOON (SP-l44(B)). APPLICANT: SAN DIEGO GAS & ELECTRIC COMPANY. ADOPTED THEREBY TO PEN4IT THE CONSTRUCTION The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That it does find and declare as follows: 1. A verified application for an amendment to SP-144 to per- mit the construction of a 400 foot single stack to replace the four existing stacks at the Encina Power Plant has been received for the following described property: Those portions of Rancho Agua Bedionda, Map No. 823 in the City of Carlsbad, County of San Diego, together with that portion of Block W Palisades Number TWO, Map No. 1803 in the City of Carlsbad, County of San Diego. Also being Parcel 6, Page 07, Book 206; Parcels 24, 25, 26, & 27, Page 01, Book 210; Parcel 21, Page 21, Book 211 and Parcel 14, Page 01, Book 212 of the Assessor's Map of San Diego County. 2. In accord with Title 21 of the Carlsbad Municipal Code, the matter was referred to the Planning Commission for public hearing. 3. A duly noticed public hearing was held before the Planning Commission at the time and in the place specified in said notice on January 28, 1976 and continued to March 24, 1976 at which time all interested persons were heard. 1 2 3 4 5 6 7 8 9 10 11 12 1: d 14 2c c- u 21 22 22 24 2: 2t 2'; 2E OC 4. Element o The applicant the General P has complied with the Public Facility an and has provided the necessary information which ensures Public Facilities will be available concurrent with need. 5. The subject application has complied with the require- ments of the City of Carlsbad "Environmental Protection Ordinance of 1972" in that an Environmental Impact Report on the project was certified in 1973 and has been fully supplemented with additional current information which constitutes prior compliance. In addition, an EIR for the entire related Encina 5 project as certified by the Public Utilities Cornmission acting as lead agency on the project has been considered. 6. The Planning Commission unanimously recommended the approval of the applicant's request. 7. That a duly noticed public hearing was held before the City Council on April 20, 1976. 8. At said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, the City Council considered all factors relating to the Specific Plan Amendment and made the following findings of fact : (A All conditions of City Council Ordinance 9279 have been complied with and this amendment is consistent with said ordinance and the provisions of the P-U zone. (B) The 400-foot stack is necessary to provide an effective method of dispersing the emissions of the Encina Power Plant as required by the State Air Resources Board. and because of its relationship with Encina 5, will improve the overall quality of air in this area, 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 21 22 23 24 25 26 27 28 nn SDG&E has indicated that some of the corrosion damage, "fallout", in the vicinity of the San Diego Gas & Electric Company Encina Power Plant (more specifically the Terramar Area) is probably started or caused by particles from the Encina Plant. SDG&E has accepted responsibility for such damage and further stated that they will meet with individual Terramar residents to resolve the damage claims and that they are also working with the San Diego County APCD staff to develop a work program that will assure the City and County that necessary corrective action will be taken by the Company. Unless this ordinance is amended, the "fallout" problem will be solved prior to the use of Encina 5 and the stack. The approval of this amendment, with conditions, will improve air quality in the immediate vicinity of the plant. To the extent there are adverse environmental effects to the project, they will be mitigated by the con- ditions of approval. The identical project was approved in 1973 and the conditions surrounding that approval have not materi- ally changed and the applicant has relied on such approval. The construction of the stack will be accompanied by the removal of the four existing stacks and a screening of all duct work so that the aesthetic effect of the plant with the 400-foot stack will be no worse than the existing four stacks. The project is a logical extension of an existing use located in an area already committed to heavy public utility operations. This amendment is consistent with the Carlsbad General Plan and all applicable specific plans. SECTION 2. That Ordinance No. 9279 is amended by the amendment of Section 2 of said ordinance to replace the Specific Plan Map attached thereto with a revised plan labeled SP-l44B, Exhibit A, dated October 10, 1975, on file in the Planning Department and incorporated by reference herein, which is hereby adopted. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 V 20 21 22 23 24 25 26 27 28 Ql3 SECTION 3: That Ordinance Mol 9279 is amended by the amend- ment of Section 2 of said ordinance to add Condition No. 14 to read as follows: "14. In addition to the above conditions, the revised por- tions of the specific plan which permit theconstruction of the 400-foot stack and the removal of the four existing stacks shall be accomplished in accord with the revised specific plan SP-1445 and shall be subject to the following conditions: All applicable requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. All ground lighting shall be arranged to reflect away from adjoining properties and streets. Any mechanical and/or electrical equipment to be located on the roof of the structure shall be screened in a manner acceptable to the Planning Director. Detailed plans for said screening shall be submitted, in triplicate, to the Planning Director for approval. Air pollution equipment capable of monitoring ambient particulates, NOx and SO2 concentrations and other emissions from the Encina Plant as well as air quality in the Carlsbad area shall be placed in service not later than six months fol- lowing the effective date of this ordinance. The number of stations, type of equipment and loca- tion of stations shall be to the satisfaction of the APCD Control Officer and the City of Carlsbad Should the Air Pollution Control Officer of the San Diego County Air Pollution Control District require additional air quality or emissions monitoring equipment and funds for air quality analysis in connection with their current study of emissions from the Encina Power Plant, the applicant shall supply said equipment and funds as deemed. necessary by the Air Pollution Control Officer. The cost of said equipment 4. 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 29 shall not exceed $150,000. The requested funds for air quality analysis shall not exceed $50,000 per year. Any future measure required by the San Diego County Air Pollution Control District to lessen or otherwise control emissions from the Encina Power Plant are hereby incorporated as a part of this Specific Plan Amendment and SDG&E shall comply fully therewith. The costs of such measures shall be borne by SDG&E. (E) I I (F) SDG&E will obtain a report of compliance from the City staff regarding the conditions of this ordinance and from the San Diego County Air Pollution Control Officer regarding compliance with the applicable conditions of the ordinance and with air quality standards, and forward it to the City Council five years from the date of this ordinance or as otherwise required by motion of the City Council, or the Planning Commission. Council shall review the report with reqard to conformance to the conditions of this ordinance and to regulations required by other applicable regulatory agencies, including, but not limited to, the San Diego County Air Pollution Control District, Public Utilities Commission and State Coastal Commission. The City reserves the right to amend this specific plan SP-144B as necessary to add conditions to ensure such compliance. After the initial report is filed the City Counci mayp by motion, require additional reports as they deem necessary. In the event that the City of Carlsbad determines that the 400-foot stack is no longer necessary as a method of air emission dispersion, the 400-foot stack shall be removed at the applicant's expense The applicant may request an amendment to this specific plan to provide a reasonable extension o the period for such removal. The applicant shall make a formal commitment to conduct the studies necessary to determine what operating practices and/or emissions control devices are capable of eliminating the particulat "fallout" problem. A schedule for the completion of the studies shall be established which is satisfactory to the San Diego County Air Pollutic The Planning Commission and City (G) (H) 5. 1 2 3 4 5 E 7 E 5 1( 1: 1: 1: SDG&E shall file an annual report with the City Council regarding improvements in plant and operating proced-ures during the preced-ing year which reduce the emission of air pollutants resulting from the operation of Encina Units 1, 2, 3 and 4. SDG&E shall operate the plant in full compliance with all air quality standards as are or may be established by the APCD. If themonitoring stations indicate the standards are being exceeded at any time, SDG&E shall compLy with all dErectibns of APCD to reduce,through any reasonable means, pollutants from the plant. In the event SDG&E files for a variance or other form of administrative or legal relief from the requirements of APCD, they shall concurrently forward a copy of any such filing, or any sub- sequent communications in connection therewith, to the City of Carlsbad. 0 11 6 2 Control District Officer, the Air Pollution Control District Hearing Board or Court of Law. SDG&E shall fully comply with the abatement order entered. in petition No. 607 The applicant shall further agree to pay claims for property damage resulting from the "5allout" problem until compliance with the abatement order is achieved. The particulate "fallout'' problem shall be con- trolled to the satisfaction of the City Council of the City of Carlsbad and of the Air Pollution Control Officer prior to the final building permil clearance for Encina 5 and. the single stack. Not later than eight months after the Building Inspector signs the final inspection for the 400-foot stack, the four stacks on the existing Encina Power Plant shall be completely removed. SECTI0'P.J 4. That the thirty-five foot height limit establish ed by Condition No. 5 of Section 2, of Ordinance No. 9279, shall not apply to the 400-foot stack or the duct work and screening to 6. )e constructed on top of the main generation building in conjunc- :ion with the construction of the stack and the removal of the four existing stacks. " EFFECTIVE DATE: This ordinance shall be effective thirty lays after its adoption, and the City Clerk shall certify to :he adoption of this ordinance and cause it to be published 3t least once in the Carlsbad Journal within fifteen days after its adoption. an adjourned INTRODUCED AND FIRST READ at / regular meeting of the Zarlsbad City Council held on the27thday of April , 1976, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held , 1976, by the following vote, to wit: Councilmen Packard, Skotnicki and Councilwoman Casle on the 4th day of May AYES: NOES: Councilman Lewis A ABSENT: None ABSTAINED: Councilman ATTEST :