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HomeMy WebLinkAbout1990-01-23; City Council; NS-108; Emergency Ord - Prohibit gas & electric facs in public utility zone...1 2 3 4 5 6 7 8 e e ORDINANCE NO. NS-108 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN EMERGENCY MEASURE PROHIBITING THE EXPANSION OF GAS AND ELECTRIC UTILITY FACILITIES LOCATED WITHIN THE PUBLIC UTILITY ZONE PENDING STUDIES AND CHANGES IN THE GENERAL PLAN AND ZONING ORDINANCE. WHEREAS, the Public Utility Zone was establishec created in 1971; and WHEREAS, that zone has not been studied or substant 9 II amended since that time: and 10 11 12 ?a &Eg gz;E 0uum no<< $>S ma,? +5D: u ,ai ,>ma ZZJ 2052 a: D: d +81? >Z$ bo mug a>- woo 13 14 15 16 17 18 19 20 WHEREAS, the general plan designation establishj public utilities land use classified llU1l was established Oc 15, 1974 and has not been substantially reviewed or amended that time: and WHEREAS, the City needs additional time comprehensively study both the General Plan and Public Uti1 Zones in order to determine the appropriateness of develo standards and to determine whether or not, due to the passa time, existing standards are no longer appropriate or suffi to protect the health, safety and welfare of its citizens; a WHEREAS, public utilities, without distinction be 21 I1 electrical energy generation, gas generation, water utili 11 treatment of waste water processing and disposal utilitie: 22 23 24 other public utilities are permitted within that designation upon obtaining a specific plan, master plan or similar ac 25 11 adopted by ordinance and that none of these uses are a condit 26 11 use within that designation: and 27 !I WHEREAS, the San Diego Gas and Electric Co 28 constructed the existing Encina power plant in approximately 1 2 3 4 5 6 7 8 9 10 11 Om SW? (I)> &E& g&cng OIL$% no44 z>+2 9,s" mgoi E$&n- ~wao zoas q8y c2" a u ,ad >rn< u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e and prior to the General Plan designation establishing a p utilities land use and implementing zone; and WHEREAS, the construction and operation of the E plant was permitted subject to a final specific plan; and WHEREAS, that specific plan requires notice and p hearings of any changes to it; and WHEREAS, there have been a number of changes in the without notice and hearings including a fuel tank installati 1975, a two-story 50' x 16' control room in 1977, the reloc of a maintenance building, expansion of a switching substatic driveway in 1980, the expansion of a distribution substatil 1982, the addition of a 6,168 square foot administration bui in 1984, the remodeling of the electric shop in 1985, lunc remodeling in 1985, addition of a storeroom and repair facili 1986, the construction and addition of a 20' x 40' pipe st shed in 1986, the construction of a 30' x 30' metal paint sh 1986, the addition of microwave dishes and radio antenna att to the existing stack in 1986, and the addition of two temp office trailers in 1987; and WHEREAS , SDG&E was informed that any f modifications, changes, amendments or additions to its plant require a complete major amendment to the specific plan proc in accordance with Chapter 21.36 of the Carlsbad Municipal Cod at that time the cumulative impact of all previous minor amend would be considered and an analysis would be made as to whethc conditions are necessary to address those cumulative impacts i CI L 1 2 3 4 5 6 7 8 9 10 - Y slug <go8 OUkF Z>iZ ot-sg mu0lL E2-l gags >58f: >2q 60 0) o> &E& ooaa LL s ai +>ma woo rrun 11 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26 27 1' 28 I! 0 0 WHEREAS, Ordinance No. 9372 adopted December amending SDG&E's specific plan required five year reviews and reviews have not been commenced nor completed; and WHEREAS, SDGbrE has notified the City that it has a notice of intention (llNOI1v) on December 26, 1989 wit California Energy Commission for expansion of its Encina fa( in order to generate an additional 460 megawatts of energy will require an additional five to six acres of land; and WHEREAS, SDGbrE has notified the City that the I plant is one of the prime candidates for expansion and thz fact, it intends to promote that site as a prime candidate bc of the ready availability of land and abundant water for cc purposes at that location; and WHEREAS, the construction of the addition to its ex: plant will have significant effects on the environment incl the construction and erection of two smoke stacks 150 feet which will represent a hazard to aircraft and a navigal obstruction to aircraft using the Palomar Airport located F the City of Carlsbad; and WHEREAS, the construction and expansion of the ex: plant will add pollutants and noxious emissions to the envirc affecting the health and safety of the citizens of Carlsbad a: environs; and WHEREAS, the construction and expansion of the ex: plant will effect the Agua Hedionda Lagoon and the balance 0: and wildlife; and 3 1 2 3 4 5 6 7 8 9 10 11 no, sum yrz qp& a:=& OlLU noaa Z>iF 9,-a: m5'0 ti ,ai nu. +>ma wmo a: a: d E2-J ZOZS '$$f? ps G" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 WHEREAS, the construction and expansion of the exi; plant will require enlarging the bridge along Carlsbad Boull over the Agua Hedionda Lagoon further disrupting fish and wild and WHEREAS, the construction and expansion of the exi plant may alter sand migration and transport systems in the co region near the Agua Hedionda Lagoon and may adversely i beaches along the Pacific Coast of a presently unknown extent WHEREAS, changes to this bridge will be a disruption to planning and circulation within the City of Carl and WHEREAS, expansion of the Encina power plant mz prejudicial to other nearby land uses that are proposed anc being processed for approval; and WHEREAS, the City has adopted an ordinance prohib on-shore oil facilities supporting off-shore oil exploration WHEREAS, the expansion to the Encina plant will re increased oil and fossil fuels and expose the citizens of Car to additional environmental risks; and WHEREAS, the City intends to study the appropriat of the general plan land use designation for the site: and WHEREAS, expansion of the Encina plant may be in con with a zoning proposal which the City Council intends to study WHEREAS, processing and approval of the expansion c Encina plant, until these studies are completed and the ge plan and zoning district amended, would severely prejudicc ~ ability of the City to permit, conditionally permit or pro ~ I 4 1 2 3 4 5 6 7 8 9 10 - 2m 29% <<:OS &zZ 0; g g mG;g gum0 :=En- zo9s >5sr CY% Go go<< ob-= >df tm< u ‘41 21 11 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26 i~ 27 28 I I, 0 0 expansion of power generating plant at this location or at t locations: and WHEREAS, the City Council has determined for the re( stated above, such expansion of existing power generating p represent a current and immediate threat to the public he’ safety and welfare; and WHEREAS, this ordinance is adopted pursuant to Gover Code Section 65858(b) allowing the adoption of such url ordinances by a four-fifths vote of its legislative body notice and hearing pursuant to Government Code Section 65090 WHEREAS, it is the intent of the City Council to e this interim ordinance for 22 months and 15 days following a n and public hearing prior to the expiration of 45 days fror adoption of this ordinance NOW, THEREFORE, the City Council of the City of Carl California does ordain as follows: SECTION 1: That the above recitations are true correct. SECTION 2: No development application shall be acce processed or approved which would increase the size, loca generating capacity or use of the existing Encina power gener facility within the general plan lrU1l designation and lrPU1l z districts as shown on the map attached as Exhibit A. SECTION 3: On or before 45 days following the ado of this ordinance, the City Council shall hold a public heari consider extending this ordinance for 22 months and 15 pursuant to Government Code Section 65858 (b) . The City Cle 5 I I1 0 0 1 directed to notice the hearings as required by Government 2 3 4 5 6 7 8 9 10 11 12 Section 65090. DECLARATION OF URGENCY: This ordinance is ht declared to be an emergency ordinance adopted as an urgency mei to protect the public health, safety and welfare and shall effect immediately upon its adoption. The facts constitutinc emergency are set forth above and represent a current and immec threat to the public health, safety or welfare and that app: of additional development or expansion of the Encina plant 7 may be required in order to comply with existing ordinances 1 represent a threat to the public health, safety and welfare o citizens of Carlsbad. - Zu% 52: gang -0 w g DOQQ Z>JZ GI--a: u * a1 aKcb ouu [qGg gE5 gE&- go33 '$85 pa 5 u 13 14 15 16 17 18 EFFECTIVE: This ordinance shall be effei immediately upon passage and shall be of no further fora effect after 45 days of the date of its adoption unless ext, by the City Council pursuant to Section 3. Thereafter, it remain in effect until contemplated studies studying appropriateness of the land use designation in the General Pla 19. the zoning districts within the zoning code for electric an( power generating plants are completed unless sooner repealed k City Council. 20 21 22 23 24 25 At least ten days prior to the expiration of this in ordinance, the City Council shall issue a written report descr the measures it has taken to alleviate the conditions which 1 the adoption of this ordinance. The City Clerk of the Ci. 26 27 28 Carlsbad shall certify to the adoption of this ordinance and 6 I . !I e 0 1 2 3 4 5 6 7 8 9 10 11 12 am m>Z 13 mum &Em <pg gb$z 14 Z>iF SkFg mu,& 15 gWm0 :$E!O- 16 ZOS$ so 0 u -a1 >ma qgy E:!$ 17 18 19. 20 21 22 23 24 25 I 26 27 28 it to be published once in the Carlsbad Journal within 15 after is adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeti the Carlsbad City Council on the 23rd day of January, 195 the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY Lf2.b. VINCENT F. BIONDO, JR., City Attorney mUDE A. LEWIS, Mayor " ATTEST: o"eAL 4- I;)- ALETHA L. RAUTENKRANZ, City C4erk 7 c EXISTING Z( J"d".-4" - -.- - d -d"M44_" "" e._.- I 1 SDG&E City of