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HomeMy WebLinkAbout2009-10-20; City Council; CS-067; Prohibiting thermal electric facilities in the coastal zone...ORDINANCENO. CS-0671 AN ORDINANCE OF THE CITY COUNCIL OF THE 2 CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN 3 URGENCY ORDINANCE PROHIBITING THE EXPANSION OR LOCATION OF THERMAL 4 ELECTRIC POWER GENERATION FACILITIES WITHIN THE COASTAL ZONE PENDING STUDIES 5 AND CHANGES IN THE GENERAL PLAN AND ZONING ORDINANCES AND OTHER LAND USE 6 REGULATIONS. 7 8 9 14 15 16 22 23 24 WHEREAS, the Public Utility Zone was established and created in 1971; and 10 WHEREAS, that zone has not been studied or substantially amended 11 since that time; and 12 WHEREAS, the General Plan designation establishing a public utilities 13 land use classified "U" was established October 15, 1974 and has not been substantially reviewed or amended since that time ; and WHEREAS, the City needs additional time to comprehensively study both the General Plan designation and Public Utilities Zone in order to determine 18 17 whether or not, due to the passage of time and advances in technology, existing 19 standards are no longer appropriate or sufficient to protect the health, safety and 20 welfare of its citizens; and21 WHEREAS, public utilities, without distinction between electrical energy generation, gas generation, water utilities, treatment of waste water processing and disposal utilities and other public utilities are permitted within that 25 by ordinance and none of these uses are a conditional use within that designation; designation upon approval of a Precise Development Plan or similar actions adopted 26 27 and 28 -1 - 1 2 3 4 5 WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was 7 8 9 10 11 12 17 18 19 24 25 26 27 28 WHEREAS, the San Diego Gas and Electric Company (SDG&E) constructed the existing Encina Power Station ("EPS") in approximately 1952 and prior to the General Plan designation establishing a public utilities land use and implementing zone; and adopted in 1982 which pertained to the properties then owned by SDG&E including the EPS; and WHEREAS, the LCP contains numerous regulations and restrictions which impact the EPS site and other properties within the LCP that may be impacted by uses at the EPS site including those regulations and restrictions related to public access, land use, building height, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon; and 14 WHEREAS, since its adoption, the Agua Hedionda LCP has not been 15 comprehensively updated; and 16 WHEREAS, in 1999, SDG&E sold a significant portion of its holdings within Specific Plan 144 to Cabrillo Power LLC, now known as the Carlsbad Energy Center LLC, including the EPS and outer, middle, and inner basins of the Agua Hedionda Lagoon; and 21 20 i icuiui iua uay WHEREAS, the Carlsbad Energy Center LLC ("Applicant") filed a 22 Notice of Intention on September 14, 2007 with the California Energy Commission 23 ("CEC") for the development of the proposed Carlsbad Energy Center Project ("CECP"), a 558-megawatt (MW) gross combined-cycle power generating facility which will require an additional 32 acres of land as an expansion of the EPS; and -2- 1 2 3 4 5 WHEREAS, at the time the existing EPS was established it required a 6 daily need for hundreds of millions of gallons of once-through cooling ocean water 7 to operate the plant and generate electricity; and 8 WHERAS, with current technology thermal electric power generation9 10 1.1 12 18 19 25 26 27 28 WHEREAS, the CEC has notified the City that the proposed EPS site is the prime candidate for the construction of the proposed CECP expansion of the existing plant because of the ready availability of land and existing electric utility related infrastructure; and facilities no longer require ocean water for cooling and as such are no longer considered coastal-dependent land uses; and WHEREAS, the construction of the proposed CECP expansion of the 13 existing plant will add pollutants and noxious emissions to the environment, 14 particularly to the ocean and lagoon, affecting the health, safety and welfare of the 15 citizens of Carlsbad and its environs; and 16 WHEREAS, the construction of the proposed CECP expansion of the existing plant will affect the fish and wildlife ecosystem of the Agua Hedionda Lagoon;and WHEREAS, the construction of the proposed CECP expansion of the 21 20 EPS may be prejudicial to other proposed nearby land uses; and 22 WHEREAS, the construction of the proposed CECP expansion to the 23 EPS will require increased fossil fuel consumption and expose the citizens of Carlsbad to additional environmental risks at the proposed location; and WHEREAS, the City intends to study the appropriateness of the General Plan land use designation and other land use policies for the site; and -3- 1 2 3 4 districts amended, would severely prejudice the ability of the City to permit, 6 conditionally permit or prohibit expansion or location of thermal electric power 7 generation facilities at this location or at other locations; and 8 WHEREAS, these considerations are consistent with longstanding Cityy 10 11 12 17 18 19 25 26 27 28 WHEREAS, construction of the proposed CECP expansion may be in conflict with a zoning proposal which the City Council intends to study; and WHEREAS, processing and approval of the proposed CECP expansion, until these studies are completed and the General Plan and zoning Council policy, including those expressed in City Council Resolution 98-145, which declared the City's intention to comprehensively study land use policies within SP 144, which encompasses the Encina Power Station, Agua Hedionda Lagoon, and 13 surrounding properties, and determine appropriate revisions. 14 WHEREAS, the City Council has determined for the reasons stated 15 above, such construction of the proposed CECP expansion of the existing Encina 16 Power Station represents a current and immediate threat to the public health, safety and welfare; and WHEREAS, this ordinance is adopted pursuant to Government Code section 65858(b), and CS -009 allowing the adoption of such urgency ordinances by 21 20 a majority vote of its legislative body, after notice and hearing pursuant to 22 Government Code section 65090; and 23 WHEREAS, it is the intent of the City Council to extend this urgency ordinance for 10 months and 15 days following a notice and public hearing to the expiration of 45 days from the adoption of this ordinance. -4- 1 2 3 4 c processed or approved which would increase the size, location, generating capacity 6 or use of the existing Encina Power Station or allow the establishment of any other 7 thermal electric power generation facility within the Coastal Zone. 8 SECTION 3: On or before 45 days following the adoption of this 10 11 12 17 18 19 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: No development application shall be accepted, ordinance, the City Council shall hold a public hearing to consider extending this ordinance for 10 months and 15 days pursuant to Government Code section 65858(b). The City Clerk is directed to notice the hearings as required by 13 Government Code section 65090. 14 DECLARATION OF URGENCY: This ordinance is hereby declared to 15 be an emergency ordinance adopted as an urgency measure to protect the public 16 health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a current and immediate threat to the public health, safety or welfare and that approval of additional development or expansion of the Encina Power Station which may be required in 21 20 order to comply with existing ordinances would represent a threat to the public 22 health, safety and welfare of the citizens of Carlsbad. 23 EFFECTIVE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after 45 days of the date of its adoption unless extended by the City Council pursuant to Section 3. Thereafter, it shall remain in effect until contemplated studies studying the appropriateness of the -5- 1 2 3 4 land use designation in the General Plan and zoning districts within the zoning code for electric and gas power generating plants are completed unless sooner repealed by the City Council. At least ten days prior to the expiration of this interim ordinance, the City Council shall issue a written report describing the measures it has taken to 6 alleviate the conditions which led to the adoption of this ordinance. The City Clerk of 7 the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published within 15 days after its adoption. y 10 11 12 13 /// 14 15 /// 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 15 1 £.lo 17 18 19 7ftjL\J 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 20- day of October. 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20* day of October, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY / / / ••• " /) ' - //J-f^j^/L/^C /fe/. ^4- /ffft-sc^-ty RONALD R. BALL, City Attorney / /\ /? / /O// f \ / 1 "A / / I/// j I {// ( \M/M/? ^i/^f^ CLAllDE^L^/vlS.ttayor ATTEST: ,7T /O i /70//J7A// 0(AJ^\ ^S^ , ^-J^ yORRAlMfi M. WQOD\ City Clerk 1 ^ ^-^ ^IIB^ to** .• /oV*»^ - <*. .''-^-x.--^rOj-ggfa ^''•^ggx^o^ij.% -^ JL*<LJJU<^ 0 "?.'&',$&&|M:0 =yij