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HomeMy WebLinkAbout1989-03-21; City Council; 9934; CONSIDER ADOPTING A RESOLUTION OF INTENTION AMENDING THE GENERAL PLAN, LOCAL COASTAL PLAN AND TITLE 21 OF THE CMC PROHIBITING ON-SHORE OIL AND GAS FACILITIES4B# TITLE: CONSIDER ADOPTING A RESOLUTION OF VITG. 3-21-89 INTENTION AMENDING THE GENERAL PLAN, LOCAL COASTAL PLAN AND TITLE 21 OF THE CMC DEPT. CA PROHIBITING ON-SHORE OIL AND GAS FACILITIES RECOMMENDED ACTION: If the Council concurs, your action is to adopt Resolution No.fj-?-q/ expressing an intention to amend the general plan, local coast:1 plan and zoning ordinances to prohibit on-shore oil and gas facilities except upon making certain findings. ITEM EXPLANATION Many coastal cities and counties throughout California have adopted general plan amendments, local coastal plan amendments and zoning ordinances to prohibit on-shore oil and gas facilities for off- shore oil exploration and drilling. These measures either prohibit such facilities permanently or for a limited time while studies are undertaken. Absolute prohibitions have been followed by suits in the federal courts brought by the Western Oil and Gas Association and the National Ocean Industries Association alleging such measures are unconstitutional, in violation of the due process, equal protection or commerce clauses, and that they are preempted by the federal Outer Continental Shelf Lands or the Coastal Zone Management Acts. San Diego County, the City of San Diego and the City of Oceanside were sued in the case entitled Western Oil and Gas Association, National Ocean Industries Association v. Sonoma County, et al (1988) U.S. District Court, Central District of California, Case No. CV 87-5190. The district court held that their ordinances representing an absolute prohibition of on-shore oil and gas facilities violated the commerce clause but refused to rule on the issue of due process on those ordinances subject to a voter referendum. We believe the district court's opinion will be upheld on appeal. We believe that by amending the general plan, local coastal plan and zoning ordinances in a manner as proposed in the attached documents provides certain administrative remedies which must be exhausted prior to resorting to the courts for judicial relief. When the pending litigation is resolved answering the question of whether or not local absolute prohibitions on on-shore facilities are legally permissible, the Council may wish to consider the matter further. While it is impossible to guarantee that litigation will not follow as a result of adoption of the proposed amendment, our recommendation is based on the fact that legal principles require a party to exhaust all administrative remedies available to it or to present a case seeking any sort of judicial relief. ripe for review prior to Our office will update you as to the outcome of the above referenced litigation. Copies of proposed language amending the general plan and zoning ordinance are attached for your review. 1, 1 0 0 Agenda Bill No. 5q qLS "# 4 Page 2 The federal government proposes to lease off-shore tract: Carlsbad coast in 1990 and 1991. It is recommended that, Lease Sale No. 95 has apparently been postponed, our loca amendment process proceed in ancitipation of federal deci resume these actions. The proposed general plan, local plan and zoning ordinance amendments require noticec hearings before the Planning Commission, City Council and Coastal Commission. Sufficient time exists for this procc completed prior to any actual lease sales. If Council concurs, your action is adopt the attached rE of intention to set the matter for public hearing. FISCAL IMPACT The suggested action will require staff time for processinc actual costs of notice and publication. EXHIBITS Resolution No. Draft general plan and zoning ordinance and resolution 73-5 i j, ‘I 0 e 1 I1 RESOLUTION NO. 89-91 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DECLARING ITS INTENTION TO CONSIDER AN AMENDMENT OF THE GENERAL PLAN, LOCAL COASTAL PLAN AND TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT ON- SHORE OIL AND GAS SUPPORT FACILITIES. - WHEREAS, the United States Department of Inte 6 7 8 9 WHEREAS, the City Council is concerned rctgar 10 adverse environmental impacts from the location and maintl 11 on-shore oil and gas support facilities including, but no 12 to, processing plants, refineries, storage facilities, 2 m 13 J0 2 stations, pipelines, warehouses, offices, tanker tc proposed to add 17 North County parcels to lease sale r which includes 76,735 sea bottom acres north of Encinit.as : the sea bottom off Carlsbad’s coastline; and, l2 U gs rn QE<k 15 gL=r OWu 14 zowg helicopter pads and the like along Carlsbad’s coastline; &: WHEREAS, such adverse environmental impacts ma: sz$-j wzo< 16 o=2g catastrophic environmental damage to the marine ecosystem SE d 17 20 :4 from a failure of those facilities: and, t- o l8 11 WHEREAS, further adverse environmental imp (1 include increased air pollution, water pollution, traffi 19 I/ 2o I/ visual, scenic and aesthetic impacts; and, 21 II WHEREAS, there is a strong likelihood ‘that 22 ll adverse effects will result from on-shore processing,, st 23 related service facilities supporting off-shore oil 24 development authorized by the federal and state govelcnme 25 WHEREAS, Government Code Section 65358 per 26 1 legislative body of the City to change or add to all or p: 27 11 adopted general plan when it deems it to be in the public 28 /I and , ., .' I/ 0 e ll 1 (43 U.S.C. Section 1331 et seq.) specifically reserve ril 2 WHEREAS, the Outer Continental Shelf Lands Act ( 3 their coastal environments; and, 4 states and their political subdivisions to express concc 5 6 7 8 9 10 11 12 WHEREAS, OCSLA declares the rights and responsi of all states and the local governments to preserve and their marine, human, and coastal environments through su as regulation of land and of related development and activi WHEREAS, in adopting OCSLA, Congress did not i occupy the field of regulation of the coastal areas of thl and , WHEREAS, the Coastal Zone Management Act ('IC2 0 a ; g 131 U.S.C.Section 1453 et seq, ) requires coastal states' prc gs 8 gLL25 z:F5 Q+<k "la,;; 15 :;do 2 w z 8 2 16 which has been approved by the Secretary of. Commerce 1 vwa 14 be submitted and approved by the U.S. Secretary of Colmme: WHEREAS, California has a coastal program now omCJm zo Y =. 5 % 17 CZMA; and, t.0 t 0 18 1 WHEREAS, that program is embodied in the C ll 19 I/ Coastal Act of 1986 (California Public Resources Code Sect 2011 et seq.) ; and, 21 California program presumes that the program gives attent 22 WHEREAS, the federal government's approval 23 City the right to enact a local coastal program recogni; 24 national interests articulated in the Act but also reser- 28 off-shore albeit at greater expense than locating t 27 WHEREAS, oil and gas support facilities coulc 26 1 local concerns: and, 25 2 .* ' I/ I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 n a ma3 I?g <% 2 00 w 9 g>>o +;do zuon- wzoa gg2m - I? n&;$ 2 fG.2 >$ % +a& tu 13 14 15 16 17 t 0 18 facilities on-shore: and, WHEREAS, off-shore oil has a higher sulphur con oil produced on-shore; and, WHEREAS, such facilities are inconsistent 1 redevelopment plan, village design manual and the local plan for the redevelopment area, NOW, THEREFORE, the City Council Of the City of I California, finds as follows: 1. That the above recitations are true and co: 2. That it is the intention of the City Council its general plan, local coastal plan and zoning ordin prohibit on-shore oil and gas facilities including, but no' to, processing plants, refineries, storage facilities, stations, pipelines, warehouses, offices, tanker tc helicopter pads and the like, except upon findings by thl that all of the following are true: (a) Approval of the proposed project and fi will pose no danger to life and property to resident' 19 1 neighborhood, community or City. 20 (b) Approval of the proposed project will 11 21 1 j 22 23 24 25 26 27 28 a potential threat of damage or injuries to nearby residc (c) The benefits of the proposed project outweigh the possible adverse environmental effects. (a) There are no feasible alternative: proposed project . (e) The location and approval of the facilities at the particular location clearly outw4 - 3 .. I. 1 .. n d 2s iii i -$"= gu-3 z:$o E3.a ;$g$ zz O,<k id0 on~m $E z >o k 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 I 0 0 potential harm to public health, safety, peace, morals, and general welfare of persons residing or working neighborhood or community and will not be detrimental or : to property in the neighborhood, community or to the welfare of the City, and (f) The proposed project is permitted w: underlying zone. 3. The City Council directs the Planning Dii conduct the necessary studies, notices, and reports and : matter without undue delay before the Planning Co:mmis public hearing and recommendation to the Council PASSED, APPROVED AND ADOPTED at a Regular Meeti City Council of the City of Carlsbad on the 21st day 0; 1989, by the-followinq vote, to wit: b AYES: Council Members Kulchin, Pettine, Mamaux and L: NOES: None ABSENT: Council Member Lewis 66- ANN J. KULCHIN, May r Pro-Tern ATTEST: ALETHA L. RAUTENKRANZ, City Plerk (SEAL) 1 4 I I 0 .. 0 L//'., , , . .. , 1 2 3 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN - The City Council of the City of Carlsbad, Ca: 5 6 7 resolves as follows: The land use element of the general plan is amc the amendment of Section V, D, 14 to add a paragraph to 8 I( follows! "Since the location and maintenance of on-shore 9 plants, refineries, storage facilities, transfer s gas support facilities including, but not limited to, pr 11 pipelines, warehouses, offices, tanker facilities, helicop lo and other support facilities present adverse environmental which may include catastrophic environmental damage to th ecosystem along Carlsbadls coastline and such further l2 environmental impacts as increased air pollution, water PO a noise, traffic, visual, scenic and aesthetic adverse irnpac ' A8 m l3 on-shore facilities are prohibited except upon a findinc <% 0, Ow< 14 0 32 OkZK (a) Approval of the proposed project and fa 5c<i 15 will pose no danger to life and property to residents E?.< neighborhood, community or City. ;#; 0 N City Council that all of the following are true: I-$U ~ 5 z 8 2 l6 (c) The benefits of the proposed project SE & 17 a potential threat of damage or injuries to nearby reside 10 (b) Approval of the proposed project will a >z outweigh the possible adverse environmental effects. k 0 (d) There are no feasible alternatives l8 proposed project . 2o potential harm to public health, safety, peace, morals, ~ facilities at the particular location clearly outwe l9 (e) The location and approval of the (f) The proposed project is permitted wi welfare of the City, and to property in the neighborhood, community or to the 21 neighborhood or community and will not be detrimental or i and general welfare of persons residing or working 22 j 23 24 underlying zone. II 25 And further resolves that the appropriate sectio applicable local coastal program segments be similarly an order to carry out the intent of this prohibition. 26 I 27 I/ 28 li . IL .- , 1 e 0 PASSED, APPROVED AND ADOPTED at a Regular Meetinc 2 3 City Council of the City of Carlsbad on the day of 1988, by the following vote, to wit: 4 5 AYES : NOES : 6 7 8 91 ABSENT : CLAUDE A. LEWIS, Mayor 10 11 12 /I n $w CiK 8 Yg 7a owa g-LLZf z:$5 GI-qLL “.or< LL ’ io_ zgg: >g a: go Y oKS?m a >o 13 14 15 16 17 i L 0 18 11 19 1, ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 20 /I 21 22 23 I( 24 25 26 27 I 28 " Ij .. , -b s -'., e ~. .. 1 2 3 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE TO PROHIBIT ON- SHORE OIL FACILITIES EXCEPT IN THE C-M, M AND P-M ZONES UPON CERTAIN FINDINGS AND CONDITIONS. I - 5 11 The City Council of the City of Carlsbad does o 6 follows: 7 SECTION I: Title 21, Chapter 21.42 of the 8 I add subsection 21.42.010(15) read as follows: 9 Municipal Code is amended by the amendment of Section ;!l. 4 10 "(15) In the C-M, M and P-M zones, on-shore oil facilities including, but not limited to processing 11 refineries, storage facilities, transfer stations, pi warehouses, offices, tanker terminals, helicopter pads and l2 are prohibited except upon findings by the City Council t (a) Approval of the proposed project and fa ' sx 6) l3 will pose no danger to life and property to residents Ow< 14 L3 g: m N neighborhood, community or City. gLL=z (c) The benefits of the proposed project u:z< a potential threat of damage or injuries to nearby reside O*>O (b) Approval of the proposed project will +>do outweigh the possible adverse environmental effects. '5 a: 17 Q (e) The location and approval of the zour zk6K 15 zyg$ 16 on2m go s proposed pro j ect ; and (d) There are no feasible alternatives >o k 0 1 facilities at the particular location clearly outwe l8 potential harm to public health, safety, peace, morals, I to property in the neighborhood, community or to the , neighborhood or community and will not be detrimental or i I' and general welfare of persons residing or working 2o ~ welfare of the City. ~ Such facilities shall require a planned industriz 21 pursuant to Chapter 21.34 and conditional use permit pur 22 23 24 25 26 zones except C-M, M and P-M on-shore oil and gas fa including, but not limited to, processing plants, ref 27 1 storage facilities, transfer stations, pipelines, war Chapter 21.50. 11 SECTION 11: That Title 21, Chapter 21.53 of the Municipal Code is amended by the addition of Section 21.5 read as follows: "21.53.250 On-shore oil and qas facilities. 28 c *. .I. . e 0 offices, tanker terminals, helicopter pads and the 1 l, 2 prohibited. 11 SECTION 111: That Title 21, Chapter 21.30 3// Carlsbad Municipal Code is amended by the addition of SUI * 21.30.010(29) to read as follows: 5 6 7 8 9 "(29) On-shore oil and gas facilities subject provisions of Section 21.42.010(15).1v SECTION IV: That Title 21, Chapter 21.32 of khe Municipal Code is amended by the addition of su 21.32.010(35) to read as follows: "(35) On-shore oil and gas facilities subject lo 11 provisions of Section 21.42.010 (15) . )I SECTION V: That Title 21, Chapter 21.34 of the l2 II Municipal Code is amended by the addition of su 5 w ma I: 8 l3 !2+<& OUa 14 1 21.34.020(11) to read as follows: 15 zsg$ 16 provisions of Section 21.42.010(15).11 oK2m =-s : 17 o!K 2 7a i gLL=z II (11) On-shore oil and gas facilities subject z;w,g ;?.a ,>do EFFECTIVE DATE: This ordinance shall be effectiT go (J3 days after its adoption, and the City Clerk shall certif >o r- 0 l8 21 li I adoption of this ordinance and cause it to be published once in the Carlsbad Journal within fifteen days ai l9 ~ 20 I adoption. INTRODUCED AND FIRST READ at a regular meetin( 22 I1 Carlsbad City Council on the day of 23 il and thereafter i 24 11 25 26 27 !! 2 20 I/ 8- * , %* 1 2 3 4 5 6 '1 a 0 U 2s <$ g 0 IS $gK o>>o vz< Li i;o k2-6 >5 !x OW< =kaV uzD6 0E2m zo Y rO 6 k 0 I 9 10 11 12 13 14 15 16 17 18 I 19 I 20 ~ 0 0 PASSED AND ADOPTED at a regular meeting of 1 Council of the City of Carlsbad on the day of 1988, by the following vote, to wit: AYES : NOES : ABSENT : APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR., City Attorney CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk 21 22 23 24 25 26 27 3 28 1 ..