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HomeMy WebLinkAbout1989-08-02; Planning Commission; ; GPA/LU 89-02|LCPA 89-01|ZCA 89-01 - CITY OF CARLSBADDATE: TO: FROM: SUBJECT: I. August 2, 1989 PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT -·, AIICATION COMPLETE DATE: May 17, 1989 GPA/LU 89-2/LCPA 89-1/ZCA 89-1 . ..-1 CITY OF CARLSBAD -An Amendment to the .General Plan, Local Coastal Plan and Zoning Code to prohibit on-shore oil and gas support facilities except upon the City Council making certain findings. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 2898 APPROVING the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution Nos. 2899, 2900, and 2901, approving GPA/LU 89- 2, LCPA 89-1, and ZCA 89-1 based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The proposed amendments to the Land Use Element of the General Plan, all six segments of the Local Coastal Plan, and the Zoning Code were initiated by the City Council on March 21, 1989. The Council on that date adopted a resolution declaring its intent to consider amending the above documents to prohibit on- shore oil and gas support facilities unless they are found to be compatible with the plans, policies and ordinances of the City. Council also directed the Planning Director to bring the matter before the Planning Commission for public hearing and recommendation to the Council. On-shore oil and gas support facilities include, but are not limited to processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals and helicopter pads. The amendments include six proposed findings that must be made by the Council in order for such facilities to be permitted. Generally the findings deal with compatibility with the neighborhood, the potential threat of damage or injuries to nearby residents, possible adverse environmental effects, and whether the project is permitted in the underlying zone. The proposed Zoning Code Amendment would prohibit on-shore oil and gas facilities in all zones except C-M (Heavy-Commercial-Limited Industrial), M (Industrial), and P-M (Planned Industrial). In those zones such facilities would require a planned industrial permit pursuant to Chapter 21.34 and a conditional use permit pursuant to Chapter 21.50. The proposed amendment to all six segments of the Local Coastal Plan was made available for a six-week public review period. That review period started on May 24, 1989 and ended July 5, 1989. An oversized public notice of the proposed amendment was published in the Blade Tribune. Six letters have been received all in support of the proposed amendments. 61v .. CITY OF CARLSBAD • GPA/LU 89-2/LCPA 89-1/ZCA 89-1 August 2, 1989 PAGE 2 III. ANALYSIS Planning Issues 1. Does the proposed amendment provide adequate pol icy justification for prohibiting on-shore oil and gas support facilities? 2. Does the proposed amendment include findings which address the locational concerns associated with on-shore oil and gas support facilities? 3. Will the proposed zone code amendment provide adequate controls for the siting and review of such facilities should they be proposed? DISCUSSION A. General Plan Amendment and Local Coastal Plan Amendment The proposed amendment to the Land Use Element of the General Plan and Local Coastal Plans would prohibit on-shore oil and gas support facilities except upon the City Council finding that all of the proposed six findings are true. The amendment includes policy language stating why such facilities are prohibited such as that they present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem. In addition, further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic impacts may occur as the result of such facilities. The City Attorney is recommending that the amendment not absolutely prohibit on- shore facilities as litigation is pending on whether it is legally permissible to do so. The proposed amendment provides certain administrative remedies which must be exhausted prior to resorting to the courts for judicial relief. This includes the City Council making all of the proposed six findings. The language for the amendment to each of the six local coastal plans is identical to that proposed for the General Plan. B. Zone Code Amendment As stated previously, the proposed Zone Code Amendment would prohibit on-shore oil and gas facilities in all zones except C-M, Mand P-M. In those zones a conditional use permit would be required. The findings required to be made to grant a conditional use permit are found at Section 21.42.020 of the Zoning Code. In addition five findings are proposed specifically for on-shore support facilities. By limiting the potential location for such uses to the three zoning districts specified there is less likelihood for land use conflicts to occur. The findings required to be made to site such facilities require the evaluation of potential environmental, land use, and health and safety impacts of proposed facilities. Being able to make all of the required findings for a specific site will be difficult. This will serve to discourage such facilities and assure that all of the potential impacts associated with such uses are evaluated should they be proposed. CITY OF CARLSBAD GPA/LU 89-2/LCPA 89-1/ZCA 89-1 August 2, 1989 PAGE 3 SUMMARY The proposed amendments do not completely prohibit on-shore support facilities. This is a result of pending 1 it i gat ion on whether or not 1 oca 1 absolute prohibitions against on-shore facilities are legally permissible. The proposed amendments provide policy direction and a regulatory means of restricting to the greatest extent possible, the areas in which these facilities may locate given the current legal parameters. All proposed on-shore oil and gas support facilities would require the issuance of a Conditional Use Permit in addition to making the proposed findings. Staff recommends that the Planning Commission recommend APPROVAL of the amendments to the City Council. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the proposed amendments will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on June 7, 1989. ATTACHMENTS I. Planning Commission Resolution No. 2898 2. Planning Commission Resolution No. 2899 3. Planning Commission Resolution No. 2900 4. Planning Commission Resolution No. 2901 5. Comments Received 6. Local Coastal Program segments boundary map DN:lh July 6, 1989 ST A TE OF CALIFORNIA---OFFICE OF THE GOVE. , OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTO, CA 95814 l\lr. Don Neu Ci ly of Carlsbad 2075 Las Pal111tis Drive Carlsbad, CA 92009 GEORGE DEUKMEJIAN, Governor ,Jul\/ 7, I !IH~ Subject: On-Shore Oil & Gas Support Facilities Plan & Code Amendments/ SCH# 89060719 Dear Mr. Neu: The State Clearinghouse submitted the above named environmental docwnent to selected state agencies for review. The review period is now closed and none of the state agencies have comments. This letter acknowlejges that you have complied with the State Clearinghouse review require~epts for draft environmental documents, pursuant to the C~lifornia Envlrorunenlal Quality A.ct. Please call Garrett Ashley at 916/445-0613 if you have any q11estions regarding the environmental review process. W~en contacting the Clearinghouse in this matter, please use the eight---digit State Clearinghouse number so that we may respond promptly. Sincerely, ~-~~ fuvid C. Nunenkamp Chief Office of Permit Assistance - Cit~ of - Carlsbad PbtHHIH t:Je at-tt11eht NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City of Carlsbad PROJECT DESCRIPTION: An Amendment to the General Plan, Local Coastal Plan and Zoning Ordinance to prohibit on-shore oil and gas support facilities except upon the City Council making certain findings. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaratiqn with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: June 7, 1989 CASE NO: GPA 89-2/ZC 89-1/ LCPA 89-1 APPLICANT: City of Carlsbad PUBLISH DATE: June 7, 1989 DN:af 'l1llL;. ( MICHAEL Planning Director 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 --ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART II (TO BE COMPETED BY THE PLANNING DEPARTMENT) CASE NO. GPA 89-2/ZCA 89-1/ LCPA 89-1 DATE: MAY 26, 1989 I . BACKGROUND 1. 2. APPLICANT: City of Carlsbad ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Palmas Dr. Carlsbad CA 92009 (619) 438-1161 3 • DATE CHECK LIST SUBMITTED: May 17, 1989 II. ENVIRONMENTAL IMPACTS (Explanations of all Affirmative Answers are to be written under Section III -Discussion of Environmental Evaluation) 1. Earth -Will the proposal have significant results in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Ch~nge in topography or ground surface relief features? d. The destruction, covering of modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel or a river or stream or the bed of the ocean or any bay, inlet or lake? MAYBE X X X X X X 2. Air -Will the proposal have significant results in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 3. Water -Will the proposal have significant results in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patters, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? -2- MAYBE X X X X X X X X X X X 4. Plant Life -Will the proposal have significant results in: 5. 6. 7. 8. a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? Animal Life -Will the proposal have significant results in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise -Will the proposal significantly increase existing noise levels? Light and Glare -Will the proposal sig- nificantly produce new light or glare? Land Use -Will the proposal have significant results in the alteration of the present or planned land use of an area? -3- YES MAYBE NO X X X X X X X X X X X 9. Natural Resources -Will the proposal have significant results in: a. Increase in the rate of use of any natural resources? b. Depletion of any nonrenewable natural resource? 10. Risk of Upset -Does the proposal involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. Population -Will the proposal signif- icantly alter the location, distribu- tion, density, or growth rate of the human population of an area? 12. Housing -Will the proposal signif- icantly affect existing housing, or create a demand for additional housing? 13. Transportation/Circulation -Will the proposal have significant results in: a. Generation of additional vehicular movement? b. Effects on existing parking facili- ties, or demand for new parking? c. Impact upon existing transportation systems? d. Alter~tions to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? -4- MAYBE NO X X X X X X X X X X X 14. Public Services -Will the proposal have 15. a significant effect upon, or have signif- icant results in the need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? Energy -Will the proposal have significant results in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities -Will the proposal have significant results in the need for new systems, or alterations to the following utilities: a. b. c. d. e. f. 17. Power or natural gas? Communications systems? Water? sewer or septic tanks? Storm water drainage? Solid waste and disposal? Human Health -Will the proposal have significant results in the creation of any health hazard or potential health hazard (excluding mental health)? -5- MAYBE NO X X X X X X X X X X X X X X X MAYBE NO 18. Aesthetics -Will the proposal have significant results in the obstruction of any scenic vista or view open to the public, or will the proposal result in creation of an aesthetically offensive public view? 19. Recreation -Will the proposal have significant results in the impact upon the quality or quantity of existing recreational opportunities? 20. Archeological/Historical/Paleontological -Will the proposal have significant results in the alteration of a significant archeological, paleontological or historical site, structure, object or building? 21. Analyze viable alternatives to the proposed project such as: a) Phased development of the project, b) alternate site designs, X X X c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. a) The project consists of proposed General Plan, Local Coastal Plan, and Zoning Ordinance Amendments which would prohibit on-shore oil and gas support facilities unless the City Council makes all of the six proposed findings developed for such uses. Proposed facilities would be subject to review through either a Planned Industrial Permit or a Conditional Use Permit dependent upon the particular zone. Since there are no applications presently pending for such facilities there is no reason to phase the applicability of the amendments. b) The proposed project does not include a site design or design standards, therefore, alternative designs were not evaluated. c) A specific construction project is not proposed as part of this project. Because of this an alternate scale of development cannot be evaluated. d) A site specific project is not a part of this project. As a result alternate uses for a specific site could not be evaluated. -6- Question 21 (Continued). -• e) Adoption of the proposed amendments at some future time would not be beneficial as exploration and drilling for oil off the Carlsbad Coast could occur in the near future should the federal government lease those tracts. The proposed amendments will prevent adverse environmental impacts associated with related on- shore support facilities unless the City Council finds among other things that there are no feasible alternatives and that the project's benefits clearly outweigh the possible adverse environmental effects. In addition, the amendment provides a means to review such proposals for those zones where it may be permitted. f) Alternative sites were not evaluated since a specific site is not proposed for development. g) The no project alternative would result in the City not adopting policies directed at on-shore oil and gas support facilities and not providing a process within which such proposals can be reviewed. Therefore, the no project alternative has no environmental advantage. MAYBE NO 22. Mandatory findings of significance - a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. b. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) -7- X X c. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION X X The proposed amendments will reduce the potential for adverse environmental effects which can be caused by on-shore suport facilities. Such adverse effects can include increased air pollution, water pollution, traffic, noise, visual, scenic and aesthetic impacts. II.1. Earth: The proposed project, consisting of various code and plan amendments, contemplates no grading. II. 3 Water: The proposal will not impact existing drainage courses or change absorption rates. II.4 Plant Life; 5. Animal Life: No impact to plant or animal life will occur as the proposed amendments do not include development of a particular site. II. 8 Land Use The proposed amendments will prevent to the greatest extent possible the alteration of the planned land use of areas designated for Heavy commercial- Limited Industrial, Industrial, and Planned Industrial Development. This will be accomplished by prohibiting the establishment of on-shore support facilities except upon the Council making the proposed findings and granting a Planned Industrial Permit or Conditional Use Permit depending upon the zone of the property. Rev. 12/88 -8- DISCUSSION OF ENVIRONMENT.EVALUATION (Continued) - II.9 Natural Resources The proposal will assist in the preservation of natural resources by reducing the potential for adverse environmental impacts related to on-shore support facilities. II.12 Housing The proposed amendment will not create a demand for additional housing since prohibiting on-shore support facilities will not create job opportunities resulting in increasing the need for housing. II.18 Aesthetics: The amendments provide a review process for on-shore support facilities which enables future environmental review to take place for visual impacts. II.19 Recreation The proposed amendments will protect the quality and quantity of recreational opportunities by prohibiting on-shore oil and gas support facilities unless specified conditions are found to exist. The review process for such facilities will provide for consideration of impacts to recreation areas such as public beaches and related uses. -9- IV. DETERMINATION (To Be.ompleted By The Planning !artment) On the basis of this initial evaluation: X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ___ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. ___ I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 7 'Date Signature Date V. MITIGATING MEASURES (If Applicable) -10- -MITIGATING MEASURES (Continued) VI. APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature -11- EXHIBIT "A" DATED AUGUST 2, 1989 MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION ACTION 2. Standard Pacific (p. 3) Add Policy 6: Onshore Oil and Gas Support Facilities. 3. Occidential Land, Inc. (p. 8) Add Policy 5: Onshore Oil and Gas Support Facilities. 4. Rancho La Costa (Hunt Properties) (p. 18) Add Policy 7: Onshore Oil and Gas Support Facilities. Proposed Policy: ON-SHORE OIL AND GAS SUPPORT FACILITIES Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) (b) (c) (f) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. The benefits of the proposed project clearly outweigh the possible adverse environmental effects. There are no feasible alternatives to the proposed_project. The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and The proposed project is permitted within the underlying zone. -EXHIBIT 11 811 DATED AUGUST 2, 1989 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION 9. Exhibits Create new Section 9 ACTION Change to Section 10. Exhibits. Title new Section 9. Onshore Oil and Gas Support Facilities and establish Pol icy 9-1. Proposed Policy 9-1 ONSHORE OIL AND GAS SUPPORT FACILITIES PROHIBITED Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. (b) Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to the proposed project. (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public hea 1th, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and (f) The proposed project is permitted within the underlying zone. SECTION AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PLAN III. Land Use Plan, Section 1. (p. 17) Policy 1.ll EXHIBIT "C" DATED AUGUST 2, 1989 ACTION Add po 1 icy 1. ll Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) Approval of the proposed project and f°acilities will pose no danger to life and property to residents of the neighborhood, community or City. (b) Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to the proposed project. (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and (f) The proposed project is permitted within the underlying zone. SECTION EAST BATIOUITOS LAGOON/HUNT PROPERTIES SEGMENT OF THE LOCAL COASTAL PROGRAM EXHIBIT "D" DATED AUGUST 2, 1989 ACTION a. Land Uses Permitted Pursuant to a Master Plan (Page 1) Add the proposed amend- ment listed below prior to the sentence which reads "Specifically, the uses shall be as follows:" Proposed Amendment: Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic envi ronmenta 1 damage to the marine ecosystem a 1 ong Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) (b) (c) (d) (e) ( f) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. The benefits of the proposed project clearly outweigh the possible adverse environmental effects. There are no feasible alternatives to the proposed project. The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public heal th, safety, peace, morals, comfort, and genera 1 we 1 fare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and The proposed project is permitted within the underlying zone. SECTION Land Use (p. 5) WEST BATIOUITOS LAGOON/SAMMIS PROPERTIES SEGMENT OF THE LOCAL COASTAL PROGRAM EXHIBIT "E" DATED AUGUST 2, 1989 ACTION Add Section R. Onshore Oil and Gas support facilities Proposed Section R. Onshore Oil and Gas Support Facilities Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. (b) Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to the proposed project. (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and (f) The proposed project is permitted within the underlying zone. EXHIBIT "F" DATED AUGUST 2, 1989 THE VILLAGE DESIGN MANUAL (REDEVELOPMENT AREA) SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION V. Design Guidelines for the Village Redevelopment Area (p. 3) ACTION Add a new paragraph following paragraph three. Onshore oil and gas support facilities prohibited. Since the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker facilities, helicopter pads and other support facilities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carlsbad's coastline and such further adverse environmental impacts as increased air pollution, water pollution, noise, traffic, visual, scenic and aesthetic adverse impacts, such on-shore facilities are prohibited except upon a finding by the City Council that all of the following are true: (a) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City. (b) Approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearly outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to the proposed project. (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to public hea 1th, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City, and (f) The proposed project is permitted within the underlying zone. ' : i I i ZRa1 /JJ1. /~ / I I I I I I I i I ~ ~ .a Ji? tiif tn1ru ~ •t§ /J7f ~ /~ 1M ~A&L ~ ~ ~au ~ /4~. fMJfH, d am ..,,tJ~ ~ ~ ~ Jb.& t/S MJci t#lf c:,~ lfcUW., 1/Jd -117 ~ M~ jkl4- .&1, ()d ~j)/tfYlatiOA.J c1J ~ AfMtn tlJt:mf, • a;Mtiu?i . lJ/l(t()L t1~ df/Hld &M at t211d HJ//~ if1cm ftU fi?~ / I I • Planning Department City of Carlsbad· 2075 Las Palmas Drive 1855 S.h View Drive Carlsbad, Ca. 92008 June 30, 1989 Carlsbad, CAlifornia 92009-4859 .{:• Re: On-shore oil and gas facilities in Carlsbad As residents and property owners in Carlsbad, we would like to voice our support for the adoption of any changes in the general plan, local coastal plan and zoning ordinances that will protect this area from off-shore oil drilling. It is our hope that military, city and county governmental bodies, the real estate and business community and residents of the ,.,reas that will be damaged by these proposed leases will band together to prevent what is clearly not in the best interest of our tourist and agricultural business, economy arid uppeal as a community in which to live. 'jlQ_ ~~ T.~ erely, (2 ~ n Qd Diane L, Beard • ,t ••I June 1, 1989 Mr. Donald Neu, Planning Commissioner City of Carlsbad --Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 To Whom It May Concern: We wish to go on record RS beinR vehemently opposed tn Rny oil drilling/exploration off the Carlsbad coast. The records will show that, because there is always room for human error, we do not wish to be exposed to any threat of explosions, spillage, leakage or any other hazards that may arise from such activity. Furthermore, we oppose the construction of any on-shore oil and gas facilities in Carlsbad, as might also be contemplated. Inasmuch as the cities of Oceanside and San Diego have already taken steps to forbid such oil/gas-related activity, we feel that Carlsbad MUST take similar action. We oppose Lease Sale 95! ! ! Sincerely, {!~~Ke~~~-./ Dominic F. Colombo Constance V. Colombo 1856 Eastpointe Avenue Carlsbad, CA 92008 Wm. & Andrea Sachs 4612 Driftwood Circle Carlsbad, CA 92008 POOR QUALITY ORIGINAL S UJI Spill deaths t~ 23,000- ANCHORAGE, Alaska (AP) - Dead animals are piling up in refrigerated trailers on the coast as officials collect evidence of the vast damage caused by the oil spilled from the tanker Exxon Valdez. The carcasses of 22,818 migratory birds, 733 sea otters and 51 birds of prey, most of them bald eagles, had been col- lected, tagged and stored by Tuesday at four coastal cities. "It's a morbid milestone we have reached this week; more • than two months after the oil spill from the Exxon Valdez, we are still counting its victims," said Walter Stieglitz, Alaska regional director of the U.S. Fish and Wildlife Service. The gooey fingers of the spill have drifted more than 500 miles from Prince William Sound across the Gulf of Alaska and beyond Kodiak Island. About 11 million gallons of oil spilled from gashes in the Exxon Valdez when it ran aground March 24. More than 70 species of birds have been affected, the wildlife service said. About 60 percent of the dead birds are murres, an upright seabird with tuxedo-like markings. When) A Little The school year may be mer give your child a heac S.K.I.L.L.S. (Specia gram especially designed with language difficulties. The S.K.l.L.L.S. pro arts and crafts, games, am base. Recreational ti into our program. . In a experi1 schoo when Spill l.:011tinue~ • Its DevastaAg Toll on Wildlife From United Press International ANCHORAGE, Alaska-The Exxon oil spill has continued to kill animals and devour pristine wat<'rs off southNn Alaska, nnd officials tracking the oil said Wednesday it has covered 9,600 square miles. The animal death toll also has continued to mount. Workers have collected 22,868 dead, oily birds and 743 sea otters, the U.S. Fish and Wildlife Service reported. That represents a fraction of the wildlife killed by the oil, and regional director Walter Stieglitz said: "We're still counting its victims." More than $155 million has been spent by Exxon and the state and federal governments on cleanup since March 24, when the Exxon Valdez ran aground and spilled about 11 million gallons of oil into waters south of the Valdez oil terminal. Alaska Gov. Steve Cowper ap- pointed a task force Wednesday to investigate the spill and recom- mend ways to prevent future spills. A new 5-cent tax on each barrel of oil from Alaska will finance the panel, which is made up of five Alaska residents, a formc-r science adviser to three presidC'nts and an <'11 vironmental sciC'nt isl. Oil tracker Marshal Kend?.iorek of the Department of F,nvironmen- tal Conservation has mapped the . spill, and his documents show that 9,600 square mite's of southern Alaska coastal waters have been affecte<l. by the oil. That makes the country's largest oil spill as big in size as the state of Vermont, he said. Oil has spread for eight weeks and has been tracked down Sheli- kof Strait to Wide Bay, 475 miles from where the Exxon Valdez ran aground, Kendziorek said. 7 ,._ r--'-. ,-..s.,, 0 'Vf' ·-.. 81=?~£ ·::::.:.:.:,.:::.:.:.: .... ·· LCP SEGMENT ~Ilill MELLO I / MELLO II LOCAL l r-:; -./ LL AU CARLSB , AM (LCP, C~STAL rnoGSREGMENTS ., LJ /\Ry tv\/\I-U U UN [LJ EDIONDA ON/HUNT f:0JAGUA H OS LAGO /SAMMIS l~':'l A T I Q U IT A G O O N ~EAST ~ATIQUITOS L r-,.._~ WEST ENT AREA l..."\J DEVEi OPM □ RE _ City of Carlsbad WfWE IT-DON'T SAY IT. Date /'10.v 2l/ To Lihro.ry {naio (La umo)) CTft Clerk) /Jev. Services~ □ Reply Wanted From /Jlannit1,J {)epar+men± -<?on Neu □No Reply Necessary . Please ma.ke aua.ila/:Jle -fur jJulillc review -1+,e q+f-qJ,e:) Loco.I ~s-1-cd /JrD<Jf""Cln1 (LCP) Qmef'\clmen--f-s, 1he-review pericxi will o--P-Rciq lly end CJuly ~ /989, f-lowever 1 ple.qse_ &ve un-H} 5:ep-f-e.,rn6er 11 Jq 87 ..So -+h::t+ +he docurnen¾ o.re QVct1 f<A.ble Un'H I CQ.Jnci / hci.s -1-o.ken qe,.,-h'on I AIGNER FORM NO. 55-032 PRINTED IN U5A SECTION • AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PLAN III. Land Use Plan, Section 1. (p. 17) Policy I.II ACTION Add policy 1.11 Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further such facilities will only be permitted upon the City Council and Coastal Commission making the findings specified by the Zoning Ordinance which include consistency of the proposed use with the underlying zone. • MELLO I SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION 2. Standard Pacific (p. 3) 3. Occidential Land, Inc. (p. 8) 4. Rancho La Costa (Hunt Properties) (p. 18) Proposed Policy ACTION Add Policy 6: Onshore Oil and Gas Support Facilities. Add Policy 5: Onshore Oil and Gas Support Facilities. Add Policy 7: Onshore Oil and Gas Support Facilities. Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further such facilities will only be permitted upon the City Council and Coastal Commission making the findings specified by the Zoning Ordinance which include consistency of the proposed use with the underlying zone. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION 9. Exhibits Create new Section 9 ACTION Change to Section 10. Exhibits. Title new Section 9. Onshore Oil and Gas Support Facilities and establish Policy 9-1. Proposed Policy 9-1 ONSHORE OIL AND GAS SUPPORT FACILITIES PROHIBITED Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further such facilities will only be permitted upon the City Council and Coastal Commission making the findings specified by the Zoning Ordinance which include consistency of the proposed use with the underlying zone. EAST BATIOUITOS LAGOON/HUNT PROPERTIES SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION a. Land Uses Permitted Pursuant to a Master Plan (Page 1) Proposed Amendment: ACTION Add the proposed amend- ment listed below prior to the sentence which reads "Specifically, the uses shall be as follows:" Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further such facilities will only be permitted upon the City Council and Coastal Commission making the findings specified by the Zoning . Ordinance which include consistency of the proposed use with the underlying zone. SECTION Land Use (p. 5) WEST BATIOUITOS LAGOON/SAMMIS PROPERTIES SEGMENT OF THE LOCAL COASTAL PROGRAM ACTION Add Section R. Onshore Oil and Gas support facilities Proposed Section R. Onshore Oil and Gas Support Facilities Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further such facilities will only be permitted upon the City Council and Coastal Commission making the findings specified by the Zoning Ordinance which include consistency of the proposed use with the underlying zone. • THE VILLAGE DESIGN MANUAL (REDEVELOPMENT AREA) SEGMENT OF THE LOCAL COASTAL PROGRAM SECTION V. Design Guidelines for the Village Redevelopment Area (p. 3) ACTION Add a new paragraph following paragraph three. Onshore oil and gas support facilities prohibited. Onshore oil and gas support facilities, including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like are prohibited on property subject to the Village Area Redevelopment Plan. Such facilities are incompatible with the goals of the Redevelopment Plan ard because there is a strong likelihood that serious adverse effects will result from such facilities they are hereby prohibited. • PROPOSED ZONE CODE AMENDMENT Onshore oil and gas support facilities, because of their potential to adversely impact Carlsbad's sensitive coastal resources shall be prohibited unless found to be in conformance with Chapter 3, Article 7 of the Public Resources Code (Sections 30261-30263). Further onshore oil and gas facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like, will be permitted only if through review of a Conditional Use Permit application the City Council finds that all of the following are true: DN:af (a) Approval of the proposed project and facilities will pose no danger to life and property to residents of the neighborhood, community or City; (b) approval of the proposed project will not pose a potential threat of damage or injuries to nearby residents; (c) the benefits of the proposed project clearly outweigh the possible adverse environmental effects; (d) there are no feasible alternatives to the proposed project; (e) the location and approval of the onshore facilities at the particular location clearly outweigh any potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the City; and (f) the proposed project is permitted within the underlying zone. April 28, 1989 TO: FROM: Planning Department Att: Gary Wayne City Attorney RESOLUTION OF INTENTION TO AMEND GENERAL PLAN, LOCAL COASTAL PLAN AND ZONING ORDINANCE TO PROHIBIT OFF SHORE OIL DRILLING SUPPORT FACILITIES City Council Resolution No. As you requested in our telephone conversation of Thursday, April 27, 1989, attached to this memorandum please find a copy of the above referenced resolution. As we further discussed please prepare the appropriate language amending the six local coastal plans using the language of the resolution of intention as a guideline and schedule the necessary public hearings to complete the amendment process. I appreciate your prompt attention to this matter. rmh attachment ~ RONALD R. BALL Assistant city Attorney co 0 0 N O> UJ <( ::J -z z UJ a: >o <( ~ ;:]; ~ ul L) 0 c:i 0 <( N CJ ~ <f) ...J a: <( L) l 2 3 4 5 6 7 8 9 10 11 I I 12 13 141 15 I 16 17 I 18 ;' 191! 20/ 21 22 23 I 24 I I 25: I 26 I 271' ,, 1: 28 Ii I ' RESOLUTION NO. 89-91 . 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 Interior has proposed to add 17 North County parcels to lease sale number 95 which includes 76,735 sea bottom acres north of Encinitas including the sea bottom off Carlsbad's coastline; and, WHEREAS, the City Council is concerned regarding the adverse environmental impacts from the location and maintenance of on-shore oil and gas support facilities including, but not limited to, processing plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker terminals, helicopter pads and the like along Carlsbad's coastline; and, WHEREAS, such adverse environmental impacts may include catastrophic environmental damage to the marine ecosystem resulting from a failure of those facilities; and, WHEREAS, further adverse environmental impacts may include increased air pollution, water pollution, traffic, noise, visual, scenic and aesthetic impacts; and, WHEREAS, there is a strong likelihood that serious adverse effects will result f~om on-shore processing, storage, or related service facilities supporting off-shore oil and gas development authorized by the federal and state governments; and, WHEREAS, Government Code Section 65358 permits the legislative body of.the City to change or add to all or part of its adopted general plan when it deems it to be in the public interest; and, .., 0 <( ID co (/) 0 _J 0 f!; ~ N a, . () w <( 0 lJ_:::, z ~ a as a: 0 >--> 0 ->--<( lJ_ ID U ~ ~ lJ_ ' _J () >-->--w . z w 8 0 W ~ N <( () 0 -CD ~ ~ '.'.l > a: <( <( >--() !::: () 1 2 3 4 5 6 7 81 g/ 10 I 11 12 13 14 i I 15 16 171 1' 1s Ii I 19! 20 Ii 21 /i ., 221 23 I ' I 241 25 I 26 27 28 • WHEREAS' the outer Continental Shelf Lands Act ( "OCSLA II) (43 U.S.C. Section 1331 et seq.) specifically reserve rights for states and their political subdivisions to express concern over their coastal environments; and, WHEREAS, OCSLA declares the rights and responsibilities of all states and the local governments to preserve and protect their marine, human, and coastal environments through such means as regulation of land and of related development and activity; and, WHEREAS, in adopting OCSLA, Congress did not intend to occupy the field of regulation of the coastal areas of the states; and, WHEREAS, the Coastal Zone Management Act ( "CZMA") ( 16 u.s.c.section 1453 et seq.) requires coastal states' programs to be submitted and approved by the U.S. Secretary of Commerce; and, WHEREAS, California has a coastal program now in effect which has been approved by the Secretary of Commerce under the CZMA; and, WHEREAS, that program is embodied in the California Coastal Act of 1986 (California Public Resources Code Section 30000 et seq.); and, WHEREAS, the federal government's approval of the California program presumes that the program gives attention to the national interests articulated in the Act but also reserves to the city the right to enact a local coastal program recognizing valid local concerns; and, WHEREAS, oil and gas support facilities could be built off-shore albeit at greater expense than locating these same 2 \ 1 2 3 4 5 6 7 8 9 10 11 / 12 / co 13 I 0 0 N (j) I w < 14 I :::J -zZ w cc > 0 15 < ~ :::E ;;j_ ul (.) 0 0 16 O< N CD ~ (/) ..J 17 cc < (.) I· 18 I' /l 19 i! I 20 I I 21 ll 22 I I I 23 I I 24 I 25 26 27 28 facilities on-shore; and, WHEREAS, off-shore oil has a higher sulphur content tha oil produced on-shore; and, WHEREAS, such facilities are inconsistent with th redevelopment plan, village design manual and the local coasta plan for the redevelopment area, NOW, THEREFORE, the City Council of the City of Carlsbad, California, finds as follows: 1. That the above recitations are true and correct. 2. That it is the intention of the city Council to amen its general plan, local coastal plan and zoning ordinances t prohibit on-shore oil and gas facilities including, but not limite to, processing plants, refineries, storage facilities, stations, pipelines, warehouses, offices, tanker helicopter pads and the like, except upon findings by the Counci that all of the following are true: (a) Approval of the proposed project and facilitie will pose no danger to life and property to residents of th neighborhood, community or City. (b) Approval of the proposed project will not pos a potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed project clearl outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to th proposed project. (e) The location and approval of the on-shor facilities at the particular location clearly outweigh an 3 0 <( 1 2 3 4 5 6 7 8 9 10 11 12 ~ ~ 13 ....J 0 ~ ~ ~ -(.) UJ <( 14 l O LL ::J Z ~ 0 i'.5 a: 0 >-> 0 -.... <( ~ 15 Ill U ~ ;j_ LL • ---' (.) .... >-UJ -i:5 ~ 8 ~ 16 (.)0:NCIJ z O ~ C/J >~ ~ 17 <( <( >-(.) '::: u 18 19 !! potential harm to public health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or community and will not be detrimental or injurious to property in the neighborhood, community or to the general welfare of the city, and ( f) The proposed project is permitted within the underlying zone. 3. The City Council directs the Planning Director to conduct the necessary studies, notices, and reports and bring the matter without undue delay before the Planning Commission for public hearing and recommendation to the Council PASSED, APPROVED AND ADOPTED at a Regular Meeting of the city council of the City of Carlsbad on the day of 1989, by the following vote, to wit: AYES: NOES: ABSENT: I 20 ! CLAUDE A. LEWIS, Mayor i I 21 j ATTEST: 22 i 23 24 • 25 ! ! 26 I 271 1 28 j: I I ALETHA L. RAUTENKRANZ, city Clerk (SEAL) 4