HomeMy WebLinkAbout2014-05-06; City Council; CS-250; Repealing Urgency Ordinance CS-170 Which Amended Zoning Ordinance Chapter 21.36, Public Utility Zone, And Section 21.36.020, Regarding Generation And Transmission Of Elec...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
EXHIBIT 1
ORDINANCE NO. CS-250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING URGENCY
ORDINANCE CS-170, WHICH AMENDED ZONING
ORDINANCE CHAPTER 21.36, PUBLIC UTILITY ZONE, AND
SPECIFICALLY SECTION 21.36.020, PERMITTED USES,
REGARDING GENERATION AND TRANSMISSION OF
ELECTRICAL ENERGY.
WHEREAS, In May of 2012, the California Energy Commission (CEC)
approved NRG's application for certification ofthe Carlsbad Energy Center Project (CECP),
a thermal power plant, over the vigorous objections of the City of Carlsbad and the
Carlsbad Redevelopment Agency; and
WHEREAS, as part of its objections, the City Council adopted Urgency
Ordinance CS-170 on January 10, 2012, pursuant to Carlsbad Municipal Code 1.20.610
and Government Code Section 36937, to amend Zoning Ordinance Chapter 21.36 ofthe
Carlsbad Municipal Code, Public Utility Zone; and
WHEREAS, adoption of an urgency ordinance was necessary for the
immediate preservation of the public peace, health and safety, which was justified by
several facts, including the proposed development of the CECP within the South Carlsbad
Coastal Redevelopment Area Plan (SCCRA) and Coastal Zone; and the negative impacts
construction of the CECP would cause to sensitive coastal resources, land uses, and the
public's health, safety and welfare; a California Supreme Court decision negatively
impacting redevelopment plans, including the SCCRA, in which the CECP site is located;
and, the city's potential inability, due to the court decision, of applying the SCCRA
requirement that generation and transmission of electrical energy must serve an
extraordinary public purpose; 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, specifically. Urgency Ordinance CS-170 amended Zoning
Ordinance Section 21.36.020, including Table A, to require a Conditional Use Permit for
the generation and transmission of electrical energy and a finding by the City Council that
the use serves an extraordinary public purpose, the latter a requirement of the SCCRA;
and
WHEREAS, since October, 2012, the energy supply environment in
Southern California has dramatically changed due to the permanent closure of the San
Onofre Nuclear Generation Station (SONGS) and as a result the California Independent
System Operator (CAISO) and the California Public Utilities Commission (CPUC) have
determined that additional power generation capacity is currently needed in the San
Diego Region by 2018; and
WHEREAS, most recently on March 13, 2014, the CPUC approved a
decision addressing San Diego Gas and Electric's (SDG&E) need to procure gas-fired
power generation of up to 600 MWs in the San Diego region; and
WHEREAS, given the recent CAISO and CPUC determination of power
needs in the San Diego region, SDG&E recently indicated its interest in entering into a
Power Purchase Agreement (PPA) with NRG for electricity generated from the CECP, but
only if NRG is willing to change the proposed technology of the approved CECP from a
"combined-cycle configuration" plant to a "peaker configuration" plant and submit a
Petition to Amend (PTA) application to the CEC for the previously approved CECP; and
WHEREAS, NRG is interested in submitting a PTA application, but only if
the City would be supportive of such an application; 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, on January 14, 2014, the City Council and Carlsbad Municipal
Water District approved the Settlement Agreement (Agreement) between and among the
City of Carlsbad, the Carlsbad Municipal Water District, Cabrillo Power I LLC and Carlsbad
Energy Center LLC (collectively "NRG"), and SDG&E to support a change in the proposed
technology of the approved CECP and the submittal of a PTA application to the CEC for
approval of the technology change, conditioned upon the decommissioning, demolition,
removal and remediation ofthe current Encina Power Station (EPS) site by a date certain,
as well as other changes in CECP plant design, energy infrastructure and property
considerations beneficial to the residents of Carlsbad; and
WHEREAS, the repeal of Urgency Ordinance CS-170 is contemplated in
response to the Agreement, which directs staff to review the City's prior legislative
actions concerning the CECP and recommend changes, if any, as may be necessary to
reflect the changed circumstances, reduced environmental profile and significant
community benefits associated with the amendment; and
WHEREAS, after procedures in accordance with requirements of law, the
City Council has determined that the public interest indicates that the repeal of Urgency
Ordinance CS-170 be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows that:
SECTION 1: The above recitations are true and correct.
SECTION 2: That the conditions which led to the adoption of Urgency
Ordinance CS-170, as noted in the above recitations, are no longer applicable due to the
Agreement provisions for decommissioning, demolition, removal and remediation of the
-3-
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
current Encina Power Station (EPS) site, as well as other changes in CECP plant design,
energy infrastructure and property considerations beneficial to the residents of Carlsbad
as stipulated in the Agreement.
SECTION 3: Ordinance CS-170 is repealed.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text
ofthe ordinance or a summary of the ordinance prepared bythe City Attorney to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22"'* day of April, 2014, and thereafter.
///
///
///
///
///
///
///
///
///
///
///
///
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 6*'' day of May, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: Council Member Hall.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BREWER, City Attorney
1ARKPACKARD, Mayor Pro Tem
ATTEST:
BARBARA ENGLESOwf^y Clerk
-
SHELLEY COLLINS, CMC, As ant City erk
Dated: Si
(Seal)
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-250
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 250 is to be considered at the
City Council Meeting to be held on the 22nd day of April, 2014.
2.) That a certified copy of the full text of Ordinance No. CS-250 was posted in
the City Clerk's Office on the 18th day of April 2014.
3.) That a summary of the Ordinance was published in the UT/North
County Times, on the 2nd day of May, 2014.
A
SHELLEY COLLINS, CMC, Assi nt City C
Dated:
577/111.
(Seal)
Certification of Posting and Publication of Ordinance No. CS-250
Page 2
4.) That Ordinance No. CS-249 was adopted on the 6th day of May 2014.
5.) That a certified copy of the full text of Ordinance No. CS-250, showing
the names of those who voted in favor and against the Ordinance was
posted in the City Clerk's Office on the Ph day of May, 2014.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Coast Newspaper, on the 16th day of May 2014.