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.
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WHEREAS, the Public Utility Zone was established and created in
1971; and
10 WHEREAS, that zone has not been studied or substantially amended
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since that time; and
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WHEREAS, the General Plan designation establishing a public utilities
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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
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whether or not, due to the passage of time and advances in technology, existing
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standards are no longer appropriate or sufficient to protect the health, safety and
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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
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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
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and
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5 WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was
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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
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WHEREAS, since its adoption, the Agua Hedionda LCP has not been
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comprehensively updated; and
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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
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WHEREAS, the Carlsbad Energy Center LLC ("Applicant") filed a
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Notice of Intention on September 14, 2007 with the California Energy Commission
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("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
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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
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to operate the plant and generate electricity; and
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WHERAS, with current technology thermal electric power generation9
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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,
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particularly to the ocean and lagoon, affecting the health, safety and welfare of the
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citizens of Carlsbad and its environs; and
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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
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EPS may be prejudicial to other proposed nearby land uses; and
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WHEREAS, the construction of the proposed CECP expansion to the
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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
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districts amended, would severely prejudice the ability of the City to permit,
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conditionally permit or prohibit expansion or location of thermal electric power
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generation facilities at this location or at other locations; and
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WHEREAS, these considerations are consistent with longstanding Cityy
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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.
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WHEREAS, the City Council has determined for the reasons stated
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above, such construction of the proposed CECP expansion of the existing Encina
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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
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a majority vote of its legislative body, after notice and hearing pursuant to
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Government Code section 65090; and
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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.
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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
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thermal electric power generation facility within the Coastal Zone.
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SECTION 3: On or before 45 days following the adoption of this
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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.
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DECLARATION OF URGENCY: This ordinance is hereby declared to
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be an emergency ordinance adopted as an urgency measure to protect the public
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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
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order to comply with existing ordinances would represent a threat to the public
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health, safety and welfare of the citizens of Carlsbad.
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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
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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
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the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be
published within 15 days after its adoption.
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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
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RONALD R. BALL, City Attorney / /\ /? / /O// f \ / 1 "A / /
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yORRAlMfi M. WQOD\ City Clerk
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