HomeMy WebLinkAbout1991-12-17; City Council; 11490; EXPIRATION OF INTERIM ORDINANCE NS-111, PROHIBITING INCREASE IN SIZE, LOCATION OR GENERATING CAPACITY OF SDG&E'S ENCINA POWER PLANTAB # /ij 4410
MTG. 12/17/91
DEPT. PLN
TITLE:EXPIRATION OF INTERIM ORDINANCE NS-111, PROHIBITING
INCREASE IN SIZE, LOCATION, OR GENERATING CAPACITY
OF SDG&E'S ENCINA POWER PLANT.
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*L \ CITV~F CARLSBAD - AGENDBILL
RECOMMENDED ACTION:
No action is necessary. This is a report on the status of actions which have been taken to
alleviate those conditions which led to the adoption of interim Ordinance NS-111. One provision of
the ordinance requires that the Council issue such a report at least 10 days prior to the expiration
of the ordinance,
ITEM EXPLANATION
SDG&E owns and operates the 921 megawatt Encina Power Plant. The plant is located on a site
of approximately 140 acres, part of the larger 680 acre SDG&E ownership, which ownership includes
lands on both sides of 1-5, both sides of Agua Hedionda Lagoon, plus the entire lagoon. The entire
ownership is subject to the provisions of Specific Plan 144, originally approved on December 4,1973,
via Ordinance 9372.
Since 1973, Specific Plan 1 44 has been formally amended several times to provide for major changes
at the power plant. In addition, numerous changes have been made at the power plant which were
not the subject of formal amendments, but were authorized under administrative review as being
generally consistent with the plan. No comprehensive revision to the Specific Plan, particularly as
relates to the lands not directly associated with the power plant, has been undertaken since 1973.
On July 24, 1989 the Planning Department notified SDG&E that any additional requests for changes
to the specific plan would trigger the need for a comprehensive amendment subject to Municipal
Code section 21.34 (revised guidelines for the content of specific plans). At that time the cumulative
impacts of all previous minor amendments would be considered and an analysis would be made of
the need for additional conditions necessary to address these cumulative impacts. In staffs mind this
analysis would include an evaluation of the appropriateness of the several existing zoning and
general plan designations applied to the full 680 acres subject to the Specific Plan (see maps
attached to Exhibit 1).
Five months later, on December 12, 1989, SDG&E informed the City Council of its intention to
nominate the Encina site as one of five candidate sites for the construction of a new 460 MW power
plant. Then, on December 26 SDG&E filed its Notice of Intention (N.O.I.) with the State of California
Energy Commission (C.E.C.), thus commencing the formal C.E.C. process of studying the five sites
for their suitability for power plants.
On January 23, 1990, in response to the SDG&E N.O.I., the City Council took several actions, one
of which was the unanimous adoption of interim Ordinance NS-108 (attached as Exhibit 1). Citing
the possible land use problems which might be associated with a second major power plant, and
taking note of both the inconsistency of the proposal with the existing specific plan, and questions
about the adequacy of the specific plan to address cumulative historic modifications to the existing
plant, the Council ordained:
"SECTION 2: No development application shall be accepted, processed or approved which
would increase the size, location, generating capacity or use of the existing Encina power
generating facility within the general plan 'U' designation and 'PU' zoning districts as shown
on the map attached as Exhibit A."
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PAGE 2 OF AGENDA BILL NO. J lj q?o
In addition, the Council approved Resolution 90-15, directing staff, among other things, to hire
consultants to assist in conducting land use studies "...regarding the adequacy of the Utilities
General Plan designation and the P-U zone ..."
Because Ordinance NS-108 was an urgency interim ordinance it was statutorily limited to a life of 45
days. On February 23,1990, the City Council extended its provisions for an additional 22 months and
15 days, via urgency interim Ordinance NS-111, the subject of this report (attached as Exhibit 2). By
statute, the Council is required to issue this report on the actions taken to alleviate the conditions
which led to the ordinance's adoption. The ordinance will automatically expire on January 7, 1992.
Subsequently, staff initiated the land use studies directed by the Council and participated actively
in the C.E.C's N.O.I. process.
On November 28,1990, SDG&E petitioned the C.E.C to grant an "indefinite suspension" of the Notice
of Intention process while it evaluated the implications of the proposed merger of SDG&E with
Southern California Edison Company. The request was granted.
Nine months later, on September 9, 1991 , SDG&E formally requested a withdrawal of its N.O.I.
application. The C.E.C. granted the request on October 9, 1991. This action officially ended the
proposal for the new 460 MW power plant.
During this fall, the Planning Department has been engaged in discussions with the planning arm
of SDG&E regarding the need for an update to the land use studies underlying Specific Plan 144.
The utility has several modifications it wants to make to the power plant. However, the Planning
Department has reaffirmed the position made in the Planning Director's letter of July 1989. SDG&E
has now informally agreed to develop a comprehensive update of its specific plan, the analysis to
include the entire 680 acres, plus the cumulative effects of all previous approvals. Staff understands
that a major planning firm has been retained by SDG&E and the planning effort has been begun.
To date, there has been no formal request by SDG&E for Planning Department assistance or project
review.
As a consequence of the above actions, the Planning Department has deferred further City work
directed at evaluating zoning, general plan, and other land use issues, pending an opportunity to
work with SDG&E directly on its update, or at the very least, to review its proposals.
Staff believes that the update to the Specific Plan is now the most appropriate venue for responding
to the concerns and issues which originally prompted the adoption of the interim ordinance. The
ordinance will terminate automatically with no action required by the Council. Staff believes no
further action is warranted in these matters until SDG&E comes forward with proposals for the
Specific Plan update.
FISCAL IMPACT
None.
EXH I B ITS
1. Ordinance NS-108, adopted 1 /23/90.
2. Ordinance NS-111, adopted 2/13/90.
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ORDINANCE NO. NS-108
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
EMERGENCY MEASURE PROHIBITING THE EXPANSION OF GAS AND ELECTRIC UTILITY FACILITIES LOCATED WITHIN THE PUBLIC UTILITY ZONE PENDING STUDIES
AND CHANGES IN THE GENERAL PLAN AND ZONING ORDINANCE.
WHEREAS, the Public Utility Zone was established and
THE CITY OF CARISBAD, CALIFORNIA ADOPTING AN
created in 1971; and
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 YJgv was established October
15, 1974 and has not been substantially reviewed or amended since
that time; and
WHEREAS, the City needs additional time tc
comprehensively study both the General Plan and Public Utilities
Zones in order to determine the appropriateness of development
standards and to determine whether or not, due to the passage of
time, existing standards are no longer appropriate or sufficient
to protect the health, safety and welfare of its citizens; and
WHEREAS, public utilities, without distinction betweer
electrical energy generation, gas generation, water utilities,
treatment of waste water processing and disposal utilities anc
other public utilities are permitted within that designation on11
upon obtaining a specific plan, master plan or similar actions
adopted by ordinance and that none of these uses are a conditional
use within that designation; and
WHEREAS, the San Diego Gas and Electric Compan]
constructed the existing Encina power plant in approximately 195;
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and prior to the General Plan designation establishing a public
utilities land use and implementing zone; and
WHEREAS, the construction and operation of the Encine
plant was permitted subject to a final specific plan;.and
WHEREAS, that specific plan requires notice and public
hearings of any changes to it; and
WHEREAS, there have been a number of changes in the plar
without notice and hearings including a fuel tank installation ir
1975, a two-story 50' x 16' control room in 1977, the relocatior
of a maintenance building, expansion of a switching substation anc
driveway in 1980, the expansion of a distribution substation ir
1982, the addition of a 6,168 square foot administration building
in 1984, the remodeling of the electric shop in 1985, lunchroon
remodeling in 1985, addition of a storeroom and repair facility ir
1986, the construction and addition of a 20' x 40' pipe storage
shed in 1986, the construction of a 30' x 30' metal paint shop ir
1986, the addition of microwave dishes and radio antenna attachec
to the existing stack in 1986, and the addition of two temporary
office trailers in 1987; and
WHEREAS, SDG&E was informed that any future
modifications, changes, amendments or additions to its plant would
require a complete major amendment to the specific plan processed
in accordance with Chapter 21.36 of the Carlsbad Municipal Code and
at that time the cumulative impact of all previous minor amendmentE
would be considered and an analysis would be made as to whether any
conditions are necessary to address those cumulative impacts; and
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WHEREAS, Ordinance No. 9372 adopted December 197
amending SDGbE's specific plan required five year reviews and thos
reviews have not been commenced nor completed; and
WHEREAS, SDGtE has notified the City that it has file
a notice of intention ("NOI") on December 26, 1989 with th
California Energy Commission for expansion of its Encina facilit
in order to generate an additional 460 megawatts of energy whic
will require an additional five to six acres of land; and
WHEREAS, SDG&E has notified the City that the Encin
plant is one of the prime candidates for expansion and that, i
fact, it intends to promote that site as a prime candidate becaus
of the ready availability of land and abundant water for coolin
purposes at that location; and
WHEREAS, the construction of the addition to its existin
plant will have significant effects on the environment includir
the construction and erection of two smoke stacks 150 feet hiq
which will represent a hazard to aircraft and a navigationa
obstruction to aircraft using the Palomar Airport located withi
the City of Carlsbad; and
WHEREAS, the construction and expansion of the existir
plant will add pollutants and noxious emissions to the environmen
affecting the health and safety of the citizens of Carlsbad and it
environs; and
WHEREAS, the construction and expansion of the existin
plant will effect the Agua Hedionda Lagoon and the balance of fiS
and wildlife; and
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WHEREAS, the construction and expansion of the existing
plant will require enlarging the bridge along Carlsbad Boulevard
over the Agua Hedionda Lagoon further disrupting fish and wildlife;
and
WHEREAS, the construction and expansion of the existing
plant may alter sand migration and transport systems in the coastal
region near the Agua Hedionda Lagoon and may adversely impact
beaches along the Pacific Coast of a presently unknown extent: anc
WHEREAS, changes to this bridge will be a major
disruption to planning and circulation within the City of Carlsbad;
and
WHEREAS, expansion of the Encina power plant may be
prejudicial to other nearby land uses that are proposed and are
being processed for approval; and
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WHEREAS, the City has adopted an ordinance prohibitins
on-shore oil facilities supporting off-shore oil exploration; and
WHEREAS, the expansion to the Encina plant will require
increased oil and fossil fuels and expose the citizens of Carlsbac
to additional environmental risks; and
WHEREAS, the City intends to study the appropriateness
of the general plan land use designation for the site; and
WHEREAS, expansion of the Encina plant may be in conflict
with a zoning proposal which the City Council intends to study: and
WHEREAS, processing and approval of the expansion of the
Encina plant, until these studies are completed and the general
plan and zoning district amended, would severely prejudice the
ability of the City to permit, conditionally permit or prohibit
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expansion of power generating plant at this location or at other
locations; and
WHEREAS, the City Council has determined for the reasons
stated above, such expansion of existing power generating plants
represent a current and immediate threat to the public health,
safety and welfare: and
WHEREAS, this ordinance is adopted pursuant to Government
Code Section 65858(b) allowing the adoption of such urgency
ordinances by a four-fifths vote of its legislative body after
notice and hearing pursuant to Government Code Section 65090; and
WHEREAS, it is the intent of the City Council to extend
this interim ordinance for 22 months and 15 days following a notice
and public hearing prior to the expiration of 45 days from the
adoption of this ordinance
NOW, THEREFORE, the City Council of the City of Carlsbad,
California does ordain as follows:
SECTION 1: That the above recitations are true and
correct.
SECTION 2: No development application shall be accepted,
processed or approved which would increase the size, location,
generating capacity or use of the existing Encina power generating
facility within the general plan trUtr designation and ItPU1t zoning
districts as shown on the map attached as Exhibit A.
SECTION 3: On or before 45 days following the adoption
of this ordinance, the City Council shall hold a public hearing t.c
consider extending this ordinance for 22 months and 15 days
pursuant to Government Code Section 65858(b) The City Clerk is
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directed to notice the hearings as required by Government Code
Section 65090.
DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency measure
to protect the public health, safety and welfare and shall take
effect immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a current and immediate
threat to the public health, safety or welfare and that approval
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of additional development or expansion of the Encina plant which
may be required in order to comply with existing ordinances would
represent a threat to the public health, safety and welfare of the
citizens of Carlsbad.
EFFECTIVE : This ordinance shall be effective
immediately upon passage and shall be of no further force and
effect after 45 days of the date of its adoption unless extended
by the city Council pursuant to Section 3. Thereafter, it shall
remain in effect until contemplated studies studying the
appropriateness of the land use designation in the General Plan and
the zoning districts within the zoning code for electric and ga:
power generating plants are completed unless sooner repealed by thc
city Council.
At least ten days prior to the expiration of this interin
ordinance, the City Council shall issue a written report describin<
the measures it has taken to alleviate the conditions which led tc
the adoption of this ordinance. The City Clerk of the City ol
Carlsbad shall certify to the adoption of this ordinance and cause
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it to be published once in the Carlsbad Journal within 15 day
after is adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting o
the Carlsbad City Council on the 23rd day of January, 1990, b
the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
&R*k. VINCENT F. BIONDO, JR., City Attorney
ATTEST :
QAeAk. 4- (7- ALETHA L. RAUTENKRANZ, City CAerk
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City of Caris
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ORDINANCE NO. NS-111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA ADOPTED AS AN URGENCY ORDINANCE EXTENDING THI TEMPORARY ORDINANCE PROHIBITING THE EXPANSION OF GAS ANI
UTILITY ZONE PENDING STUDIES AND CHANGES IN THE GENERA PLAN AND ZONING ORDINANCE.
WHEREAS, the City Council at a public hearing at it,
ELECTRIC UTILITY FACILITIES LOCATED WITHIN THE PUBLIl
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regular meeting of Tuesday, January 23, 1990, determined it war
necessary to prohibit development applications which would increasc
the size, location, generating compacity or use of the existinc
Encina power generating facility within the general plan "U
designation @fPUff zoning disticts as shown on the map attached a
Exhibit A to that ordinance pending Comprehensive Studies of thl
General Plan, Local Coastal Plan, Specific Plan and Z,oninc
Ordinance; and
WHEREAS, the City Council at said meeting of January 23
1990, set a public hearing for February 13, 1990, to conside
extending Interim Ordinance No NS-108; and
WHEREAS, the Interim Ordinance may be extended for up t
22 months and 15 days following notice and public hearing prior t
the expiration of 45 days from the adoption of Ordinance No. NS-10
pursuant to Government Code Section 65858(b).
NOW, THEREFORE, the City Council of the City of Carlsbad
California does ordain as follows:
SECTION 1: That the provision of Interim Ordinanc
No. NS-108 is hereby extended for 22 months and 15 days.
SECTION 2: At least 10 days prior to the expiratio
of this ordinance, the City Council shall issue a written repor
describing the measures taken to alleviate the conditions whic
lead to the adoption of this ordinance.
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DECLARATION OF URGENCY: This ordinance is hereby
declared to be an emergency ordinance adopted as an urgency measurf
to protect the public health, safety and welfare and shall take
effect immediately upon its adoption. The facts constituting the
emergency are set forth above and represent a threat to the public
health, safety or welfare of the citizens of Carlsbad.
EFFECTIVE: This ordinance shall be effective immediately
upon passage and shall be of no further force and effect after 22
months and 15 days from its adoption unless sooner repealed by the
City Council. The City Clerk of the City of Carlsbad shall certify
to the adoption of this ordinance and cause it to be published once
in the Carlsbad Journal within 15 days after is adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeti’ng of
the Carlsbad City Council on the 13 day of February 1990,
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larso
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
f2L VINCENT F. BIONDO, JR., City Attorney Ld/$f[’o
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C UDE A. LEWIS, Mayor
ATTEST:
ALETHA L. f-iAUTENfiRANZ, City Clerjt