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HomeMy WebLinkAbout2009-12-01; City Council; CS-070; Prohibiting power generation facilities in the coastal zone...1 2 3 4 5 6 7 8 9 14 15 16 17 22 23 24 EXHIBIT 1 ORDINANCE NO. CS- CS-070 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. CS-067 PROHIBITING THE EXPANSION OR LOCATION OF THERMAL ELECTRIC POWER GENERATION FACILITIES WITHIN CARLSBAD'S COASTAL ZONE FOR TEN MONTHS AND FIFTEEN DAYS WHEREAS, at its regular meeting of October 20, 2009 the City Council adopted Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal electric power generation facilities located in Carlsbad's Coastal Zone; and WHEREAS, Government Code section 65858 authorizes extension of 11 said emergency interim ordinance, after notice and hearing, by a four-fifths vote for 12 up to ten (10) months and fifteen (15) days; and a subsequent extension for up to 13 one additional year; and WHEREAS, this ordinance is adopted pursuant to Government Code section 65858(a) allowing the extension of such urgency ordinance by a four-fifths vote of its legislative body for ten (10) months and fifteen (15) days; and 1R WHEREAS, the Public Utility Zone was established and created in 19 1971; and 20 WHEREAS, that zone has not been studied or substantially amended since that time; and WHEREAS, the General Plan designation establishing a public utilities land use classified "U" was established October 15, 1974 and has not been or substantially reviewed or amended since that time; and 26 WHEREAS, the City needs additional time to comprehensively study 27 both the General Plan and Public Utilities Zones in order to determine whether or 28 -1 - not, due to the passage of time and advances in technology, existing standards are no longer appropriate or sufficient to protect the health, safety and welfare of its2 3 4 energy generation, gas generation, water utilities, treatment of waste water 6 processing and disposal utilities and other public utilities are permitted within that 7 designation upon obtaining a Specific Plan, Precise Development Plan or similar 8 actions adopted by ordinance and none of these uses are a conditional use within9 10 11 12 17 18 19 20 24 25 26 27 28 citizens; and WHEREAS, public utilities, without distinction between electrical that designation; and WHEREAS, the San Diego Gas and Electric Company (SDG&E) constructed the existing Encina Power Station in approximately 1952 and prior to the 13 General Plan designation establishing a public utilities land use and implementing 14 zone; and 15 WHEREAS, the Agua Hedionda Local Coastal Plan (LCP) was16 adopted in 1982 which pertained to the properties then owned by SDG&E including the Encina Power Station; and WHEREAS, the LCP contains numerous regulations and restrictions which impact the Encina Power Station site including those related to public access, 21 land use, recreation, agriculture, aquaculture, visual impacts and uses of the lagoon; 22 and 23 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 Encina Power Station and outer, middle, and inner basins of the Agua Hedionda Lagoon; and -2- 1 2 3 4 5 WHEREAS, the CECP represents an expansion of the Encina Power 6 Station; and 7 WHEREAS, the CEC has notified the City that the proposed Encina 8 Power Station site is the prime candidate for expansion because of the ready9 10 11 12 17 18 19 25 26 27 28 WHEREAS, the Carlsbad Energy Center LLC ("Applicant") filed a Notice of Intention on September 14, 2007 with the California Energy Commission ("CEC") for the development of the Carlsbad Energy Center Project (CECP), a 558- megawatt (MW) gross combined-cycle power generating facility; and availability of land and existing electric utility related infrastructure; and WHEREAS, at the time the existing Encina Power Station was established it required a daily need for hundreds of millions of gallons of once- 13 through cooling ocean water to operate the plant and generate electricity; and 14 WHERAS, with current technology, thermal electric power generation 15 facilities no longer require ocean water for cooling and as such are no longer 16 considered coastal-dependent land uses; and WHEREAS, the construction of the addition to the existing plant will have significant effects on the environment including impacts to existing visual blight; 20 and 21 WHEREAS, the construction and expansion of the existing plant will 22 add pollutants and noxious emissions to the environment affecting the health, safety 23 and welfare of the citizens of Carlsbad and its environs; and24 WHEREAS, the construction and expansion of the existing plant will affect the fish and wildlife ecosystem of the Agua Hedionda Lagoon; and -3- 1 2 3 4 5 environmental risks; and 6 WHEREAS, the City intends to study the appropriateness of the 7 General Plan land use designation for the site; and 8 WHEREAS, construction of the CECP may be in conflict with a zoningy 10 11 12 24 25 26 27 28 WHEREAS, expansion of the Encina Power Station may be prejudicial to other proposed nearby land uses; and WHEREAS, the expansion to the Encina Power Station will require increased fossil fuel consumption and expose the citizens of Carlsbad to additional proposal which the City Council intends to study; and WHEREAS, processing and approval of the CECP, until these studies are completed and the General Plan and zoning districts amended, would severely 13 prejudice the ability of the City to permit, conditionally permit or prohibit expansion or 14 location of thermal electric power generation facilities at this location or at other 15 locations; and16 WHEREAS, the City Council has determined for the reasons stated above, such expansion of the existing Encina Power Station represents a current and immediate threat to the public health, safety and welfare; and 17 18 19 20 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 22 as follows: 23 SECTION 1: That the above recitations are true and correct. SECTION 2: That the proposed CECP represents a current and immediate threat to the public health, safety, and welfare to the Citizens of Carlsbad -4- SECTIONS: No development application shall be accepted, 2 3 4 5 SECTION 4: That Ordinance No. CS-067 is extended ten (10) 6 months and fifteen (15) days. 7 DECLARATION OF URGENCY: This ordinance is hereby declared to 8 be an emergency ordinance adopted as an urgency measure to protect the publicy 10 11 12 17 18 19 25 26 27 28 processed or approved which would increase the size, location, generating capacity or use of the existing Encina Power Station or allow the establishment of any other thermal electric power generation facility within the Coastal Zone. health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth in Ordinance No. CS-067 and Council Resolution No. 2009-263, dated 10/20/2009 on file with the City Clerk and made a 13 part of hereof and represent a current and immediate threat to the public health, 14 safety and welfare of the citizens of Carlsbad. 15 EFFECTIVE: This ordinance as amended shall be effective 16 immediately upon passage and shall be of no further force and effect after ten (10) months and fifteen (15) days of the date of its adoption unless extended by the City Council according to law. At least ten days prior to the expiration of this interim ordinance, the 21 20 City Council shall issue a written report describing the measures it has taken to 22 alleviate the conditions which led to the adoption of this ordinance. The City Clerk of 23 the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published within 15 days after its adoption. -5- 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 INTRODUCED, APPROVED, AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Housing and Redevelopment Commission on the 1st day of December 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 RONALD R. BALL, City Attorney ATTEST: