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