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HomeMy WebLinkAbout1989-09-26; City Council; NS-87; CMC 21 amend - Prohibit on-shore oil facs except in C-M, M & P-M zones...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 e 0 ORDINANCE NO. NS-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT ON-SHORE OIL FACILITIES EXCEPT IN THE C- M, M AND P-M ZONES UPON CERTAIN FINDINGS AND CONDITIONS. The City Council of the City of Carl sbad does ordain as folloi SECTION I: Title 21, Chapter 21.42 of the Carlsbad Municipal is amended by the amendment of Section 21.42.010 to add subsel 21.42.010(15) to read as follows: "(15) In the C-M, M and P-M zones, on-shore oil and gas facil including, but not limited to processing plants, refineries, st1 facilities, transfer stations, pipelines, warehouses, offices, t' terminals, he1 icopter pads and the 1 i ke are prohibited except upon findin' the City Council that: (a) Approval of the proposed project and faci 1 i ti es wi 11 no danger to life and property to residents of the neighborhood, communi1 City. (b) Approval of the proposed project will not PO potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweig' possible adverse environmental effects. (d) There are no feasible alternatives to the pro1 project ; and (e) The location and approval of the on-shore facilitil the particular location clearly outweigh any potential harm to public he' safety, peace, morals, comfort, and general welfare of persons residir working in the neighborhood or community and will not be detrimenta injurious to property in the neighborhood, community or to the general we1 of the City. Such facilities shall require a planned industrial permit pur2 to Chapter 21.34 and conditional use permit pursuant to Chapter 21.50." SECTION 11: That Title 21, Chapter 21.53 of the Carlsbad Munic Code is amended by the addition of Section 21.53.250 to read as follows: "21.53.250 On-shore oil and qas facilities. In all zones e) C-M, M and P-M on-shore oil and gas facilities including, but not limitec processing plants, refineries, storage facilities, transfer stat- pipe1 ines, warehouses, offices, tanker terminals, he1 icopter pads and the are prohibited. I' SECTION 111: That Title 21, Chapter 21.30 of the Carl sbad Munic Code is amended by the addition of subsection 21.30.010(29) to read as foll "(29) On-shore oil and gas facilities subject to the provisior ., , 0 0 I( Section 21.42.010(15) .I' 1 /I SECTION IV: That Title 21, Chapter 21.32 of the Carlsbad Muni 2 3 4 Section 21.42.010(15)." Code is amended by the addition of subsection 21.32.010(35) to read as fol "(35) On-shore oil and gas facilities subject to the provisic 5 SECTION V: That Title 21, Chapter 21.34 of the Carl sbad Muni 6 Code is amended by the addition of subsection 21.34.020(11) to read as fol 7 a 9 10 11 I.2 I "(11) On-shore oil and gas facilities subject to the provisic Section 21.42.010(15)." EFFECTIVE DATE: This ordinance shall be effective thirty days its adoption, and the City Clerk shall certify to the adoption of ordinance and cause it to be published at least once in the Carlsbad Jc I ' within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council on the 12thday of September , 1989, and thereafter ... ... . .. ... .. . ... ... ... ... . .. ... ... .I * 1 2 3 4 5 6 7 8 9 10 11 0 0 PASSED AND ADOPTED at a regular meeting of the City Council o City of Carl sbad on the 26th day of September, 1989, by the following to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY l2 13 i ATTEST: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 - 2- ?? - ALETHA L. RAUTENKRAN?, City C1 erk b 28