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HomeMy WebLinkAbout2012-01-10; City Council; CS-170; URGENCY ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 21.36 MUNICIPAL CODE...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 ORDINANCE NO. cs-i70 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ZONING ORDINANCE CHAPTER 21.36 OF THE CARLSBAD MUNICIPAL CODE, PUBLIC UTILITY ZONE INCLUDING TABLE A OF SECTION 21.36.020 TO REQUIRE A CONDITIONAL USE PERMIT FOR THE GENERATION AND TRANSMISSION OF ELECTRICAL ENERGY WITH AN ADDITIONAL FINDING THAT THE USE PROVIDES AN EXTRAORDINARY PUBLIC PURPOSE. CASE NAME: CASE NO.: WHEREAS, on December 29, 2011 the California Supreme Court issued its ruling in California Redevelopment Association, et al v. Anna Matasantos, et al.. the case challenging the constitutionality of Assembly bill 1X26 (AB26) and Assembly bill 1X27 (AB27), the bills that sought to force the redevelopment agencies to pay $1.7 billion to the State of California under threat of elimination; and WHEREAS, in its ruling, the court upheld AB26, the bill that dissolves all redevelopment agencies, and found that AB27 which allows redevelopment agencies to avoid elimination by making certain payments to offset state budget expenses, is unconstitutional; and WHEREAS, as a result all redevelopment agencies are required to dissolve and transfer their assets to successor agencies to wind down the redevelopment agencies' affairs; and WHEREAS, since the Supreme Court decision places the status of the South Cartsbad Coastal Redevelopment Plan in question; and WHEREAS, Section VI.A(601) regarding uses permitted in that 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 Project Area provides that for approval of any use not regulated by the Public Utilities Commission, including uses for the generation and transmission of electncal energy, the Cartsbad Housing and Redevelopment Commission must make a finding that the land use serves an extraordinary public purpose; and WHEREAS, the project area for the South Cartsbad Coastal Redevelopment Plan is located entirely within the coastal zone; and WHEREAS, in order to best preserve the unique and precious natural resources which are protected by the coastal zone, the City Council of the City of Cartsbad desires to confirm its intention that uses for generation and transmission of electrical energy not be permitted in the coastal zone without a finding by the governing body that the land use serves an extraordinary public purpose; and WHEREAS, the City of Cartsbad, pursuant to its police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its citizens, and to adopt an urgency ordinance to take effect immediately if necessary to ensure the immediate preservation ofthe public health safety and welfare; and WHEREAS, the Cartsbad Energy Center LLC ("Applicant") filed a Notice of Intention on September 14, 2007 with the California Energy Commission ("CEC") for the development of the proposed Cartsbad Energy Center Project ("CECP"), a 558-megawatt (MW) gross combined-cycle power generating facility which will require an additional 32 acres of land in the Redevelopment Plan area and Coastal Zone as an expansion of the EPS; and WHEREAS, the CEC has notified the City that the proposed EPS site 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 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 WHEREAS, with current technology thermal electric power generation 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 existing plant will add pollutants and noxious emissions to the environment, particularty to the ocean and lagoon, affecting the health, safety and welfare of the citizens of Cartsbad and its environs; and 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 EPS may be detrimental to other proposed nearby land uses due to its industrial nature and associated environmental risks; and WHEREAS, the construction of the proposed CECP expansion to the EPS will require increased fossil fuel consumption and expose the citizens of Cartsbad to additional environmental risks at the proposed location; and WHEREAS, it is the City Council's intention to insure that the generation and transmission of electrical energy in PU zoned properties within the coastal zone by making the use a conditional one subject to a finding that this land use serves an extraordinary public purpose in order to best protect the public from the potential harmful effects of such a use; and 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 WHEREAS, the revised zoning regulations impose further restrictions on current uses within the coastal zone rather than a complete prohibition thereof, and therefore do not constitute "amendments" within the meaning of section 30514 ofthe Coastal Act; and WHEREAS, the zoning amendments do not alter the utilization or conservation of coastal zone resources, impede public access to and along the coastal zone, or interi'ere with the priorities established for coastal-dependent or coastal-related development. WHEREAS, the City is adopting additional regulations to address the appropriateness of the uses within the coastal zone to protect, maintain, and enhance the overall quality of the coastal zone environment which are not in conflict with the Coastal Act's prioritization of citing locations for such uses; and WHEREAS, this ordinance is adopted pursuant to Cartsbad Municipal Code section 1.20.610 and California Government Code section 36937 allowing the adoption of such urgency ordinance to take effect immediately to ensure the immediate preservation of the public peace, health, safety and welfare in the City of Cartsbad; and WHEREAS, on October 11, 2011 the city council approved Ordinance CS-158 amending chapter 21.36 to completely prohibit the generation of 50 megawatts or more of electrical energy in the Coastal Zone; and WHEREAS, Ordinance CS-158 is currently pending before the California Coastal Commission and is not, therefore, in effect. NOW, THEREFORE, the City Council of the City of Cartsbad ordains 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 as follows that: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council finds that it is necessary and appropriate to amend Zoning Ordinance Chapter 21.36 to the Cartsbad Municipal Code, Public Utility Zone, and specifically to Table "A" in section 21.36.020, Permitted Uses, to make the generation and transmission of electrical energy a conditionally permitted use and to add to section 21.36.020(B) a required finding of extraordinary public purpose for issuance of a conditional use permit for the generation and transmission of electrical energy in addition to the other requisite findings for conditional uses provided for in Title 21, Chapter 21,42 ofthe Cartsbad Municipal Code. SECTION 3: This ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health and safety, which is justified by the fact that: a) The California Supreme Court's decision in California Redevelopment Association, et al v. Anna Matasantos, et al. has resulted in the status of the South Cartsbad Coastal Redevelopment Plan being brought into question; and b) The South Cartsbad Coastal Redevelopment Plan, Section VI.A(601) regarding uses permitted in that Project Area provides that for approval of any use not regulated by the Public Utilities Commission, including uses for the generation and transmission of electrical energy, the Carisbad Housing and Redevelopment Commission must make a finding that the land use serves an extraordinary public purpose; and c) The project area for the South Cartsbad Coastal Redevelopment Plan is located entirely within the coastal zone; and d) The Cartsbad Energy Center LLC ("Applicant") filed a Notice of Intention on September 14, 2007 with the California Energy Commission ("CEC") for the development of the proposed Cartsbad Energy Center Project ("CECP") of a 558-megawatt (MW) gross combined-cycle power generating facility which will require an additional 32 acres of land in the Redevelopment Plan Area and the Coastal Zone as an expansion of the EPS; and 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 e) The staff of 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 f) With current technology thermal electric power generation facilities no longer require ocean water for cooling and as such are no longer considered coastal-dependent land uses; and g) The construction of the proposed CECP expansion of the existing plant will add pollutants and noxious emissions to the environment, particularty to the ocean and lagoon, affecting the health, safety and welfare of the citizens of Carlsbad and its environs; and h) The construction ofthe proposed CECP expansion ofthe existing plant will affect the fish and wildlife ecosystem of the Agua Hedionda Lagoon;and i) The construction of the proposed CECP expansion of the EPS may be detrimental to other proposed nearby land uses due to its industrial nature and associated environmental risks; and j) The construction of the proposed CECP expansion to the EPS will require increased fossil fuel consumption and expose the citizens of Cartsbad to additional environmental risks at the proposed location. SECTION 4: That section 21,36.020 of the Cartsbad Municipal Code is amended to read as follows: 21.36.020 - Permitted uses. A. In a P-U zone, notwithstanding any other provision of this title, only the uses listed in Table A, below, shall be permitted, subject to the requirements and development standards specified by this chapter, and subject to the provisions of Chapter 21.44 of this title governing off-street parking requirements. B. The uses permitted by conditional use permit, as indicated in Table A, shall be subject to the provisions of Chapter 21.42 of this title. Approval of a Conditional Use Permit is required for the Generation and Transmission of Electrical Energy and shall require a finding by the City Council that the use serves an extraordinary public purpose in addition to the other findings required for a conditional use found in Chapter 21.42. C. A use similar to those listed in Table A may be permitted if the City Planner determines such similar use falls within the intent and purposes ofthe zone, and is substantially similar to the specified permitted uses. 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 D. A use category may be general in nature, where more than one particular use fits into the general category (ex. in some commercial zones "office" is a general use category that applies to various office uses). However, if a particular use is permitted by conditional use permit in another zone, the use shall not be permitted in this P-U zone (even under a general use category) unless it is specifically listed in Table A of this chapter as permitted or conditionally permitted. SECTION 5: That Table A in Chapter 21.36 of the Carisbad Municipal Code is amended to read as follows: Table A Permitted Uses In the table, below, subject to all applicable permitting and development requirements ofthe municipal code: "P" indicates use is permitted. "CUP" indicates use is permitted with approval of a conditional use permit. 1 = Administrative hearing process 2 = Planning commission hearing process 3 = City council hearing process "Acc" indicates use is permitted as an accessory use. Use P CUP Acc Agricultural farm worker housing (temporary) (subject to Section 21.42.140(B)(2)) 3 Agriculture: only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the P-U zone: (a) field and seed crops, (b) truck crops, (c) horticultural crops, (d) orchards and vineyards, (e) pasture and rangeland, (f) tree farms, (g) fallow lands, (h) greenhouses x Airports 3 Alcoholic treatment centers 2 Any other use which the planning commission or city council may determine to be similar to the permitted uses in the zone and to fall within the intent and purposes of the zone (see note 1) x -7 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 Aquaculture (defined: Section 21.04.036) 2 Aquaculture stands (display/sale) (subject to Section 21.42.140(B)(10)) 2 Biological habitat preserve (subject to Section 21.42.140(B)(30)) (defined: Section 21.04.048) 2 Campsites (overnight) (subject to Section 21.42.140(B)(40)) 2 Cemeteries 3 Columbariums, crematories, and mausoleums (not within a cemetery) 2 Energy transmission facilities, Including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources X Fairgrounds 3 Generation and transmission of electrical energy 3 Golf courses 2 Governmental maintenance and service facilities X Greenhouses >2,000 square feet (subject to Section 21.42.140(B)(70)) 1 Hazardous waste facility (subject to Section 21.42.140(B)(75)) (defined: Section 21.04.167) 3 Hospitals (defined: Section 21.04.170) 2 Hospitals (mental) (defined: Section 21.04.175) 2 MobUe buildings (subject to Section 21.42.140(B)(90)) (defined: Section 21.04.265) 2 Packing/sorting sheds >600 square feet (subject to Section 21.42.140(B)(70)) 1 Petroleum products pipeline booster stations X Processing, using and storage of: (a) natural gas, (b) liquid natural gas, (c) domestic and agricultural water supplies; X Public utility district maintenance, storage and operating facilities X Radio / television / microwave/ broadcast station / tower 2 Recreation facilities 2 Recreational facilities (public or private, passive or active) X Recycling collection facilities, large (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) 2 Recycling collection facilities, small (subject to Chapter 21.105 of this title) (defined: Section 21.105.015) 1 Recycling process/transfer facility 2 Satellite television antennae (subject to the provisions of Section 21.53.130 of this code) x Signs subject to the provisions of Chapter 21.41 X -8- 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 Stadiums 3 Transit passenger terminals (bus and train) 2 Using and storage of fuel oils X Wastewater treatment, disposal or reclamation facilities X windmills (exceeding height limit of zone) (subject to Section 21.42.140(B)(160)) 2 wireless communications facilities (subject to Section 21.42.140(B)(165)) (defined: Section 21.04.379) 1/2 Zoos (private) (subject to Section 21.42.140(B)(170)) (defined: Section 21.04.400) 2 Note: 1. Providing there shall not be permitted any use which creates noxious gas or odor, excessive sound vibration or significant atmospheric pollution. DECLARATION OF URGENCY: This ordinance is hereby declared to be an urgency ordinance adopted as an emergency measure to protect the public health, safety and welfare pursuant to Government Code section 36937(b) and shall take effect immediately upon its adoption. The facts constituting the urgency are those set forth above and represent a current and immediate threat to the public health, safety or general welfare of the citizens of Cartsbad. EFFECTIVE: This urgency ordinance shall be effective immediately upon adoption and shall be repealed and of no further force and effect once Ordinance No. CS-158 becomes effective.