HomeMy WebLinkAbout2009-12-01; City Council; CS-070; Prohibiting power generation facilities in the coastal zone...1
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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
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said emergency interim ordinance, after notice and hearing, by a four-fifths vote for
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up to ten (10) months and fifteen (15) days; and a subsequent extension for up to
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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
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1971; and
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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
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substantially reviewed or amended since that time; and
26 WHEREAS, the City needs additional time to comprehensively study
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both the General Plan and Public Utilities Zones in order to determine whether or
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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
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energy generation, gas generation, water utilities, treatment of waste water
6 processing and disposal utilities and other public utilities are permitted within that
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designation upon obtaining a Specific Plan, Precise Development Plan or similar
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actions adopted by ordinance and none of these uses are a conditional use within9
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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
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zone; and
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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,
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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 Encina Power Station and outer, middle, and inner basins
of the Agua Hedionda Lagoon; and
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5 WHEREAS, the CECP represents an expansion of the Encina Power
6 Station; and
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WHEREAS, the CEC has notified the City that the proposed Encina
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Power Station site is the prime candidate for expansion because of the ready9
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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
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WHERAS, with current technology, thermal electric power generation
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facilities no longer require ocean water for cooling and as such are no longer
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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;
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21 WHEREAS, the construction and expansion of the existing plant will
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add pollutants and noxious emissions to the environment affecting the health, safety
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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
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5 environmental risks; and
6 WHEREAS, the City intends to study the appropriateness of the
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General Plan land use designation for the site; and
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WHEREAS, construction of the CECP may be in conflict with a zoningy
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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
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location of thermal electric power generation facilities at this location or at other
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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
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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as follows:
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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
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SECTIONS: No development application shall be accepted,
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5 SECTION 4: That Ordinance No. CS-067 is extended ten (10)
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months and fifteen (15) days.
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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 publicy
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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
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safety and welfare of the citizens of Carlsbad.
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EFFECTIVE: This ordinance as amended shall be effective
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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
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City Council shall issue a written report describing the measures it has taken to
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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, 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: