HomeMy WebLinkAboutLCPA 89-01; City of Carlsbad Offshore Oil; Local Coastal Program Amendment (LCPA) (2)b +
California Coastal Commission
San Diego Coast District 1333 Camino Del Rio South, Suite 125 San Diego, CA 92108-3520
APPLICATION FOR LOCAL COASTAL PROGW AMENDMENT
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JURISDICTION Citv of Carlsbad
SEGMENT: Mello I, Mello 11, Aqua Hedionda. East Batiauitos Laqoon/Hunt Properties, West Batiauitos Laqoon/Sammis ProDerties, Villaae Desiqn Manual (Redevelopment Area).
UNCERTIFIED AREA N/A
TYPE OF AMENDMENT SUBMITTAL (check)
LUP
ZONING
LCP (Land Use & Zoning)
LCP STATUS Y/N, Date
LUP CERTIFIED Yes, Mello I 1980, Mello I1 1981, Aaua Hedionda 1982, West
Batiauitos 1985, Redevelopment 1986, East Batiauitos 1988 ZONING CERTIFIED Yes
STATUS OF COMM. ACTION ON
SUGGESTED MODIFICATIONS N/A
ON THIS SUBMITTAL? No PRIOR COMMISSION ACTION
SWRY OF AMENDMENT PROPOSAL Attach documentation as needed and as outlined in Submittal Requirements.
An Amendment to all six segments of Carlsbad's Local Coastal Program Segments
to prohibit on-shore oil and gas support facilities except upon the Cify Council
determining that all of the proposed six findings are true. Also proposed is a Zone Code
Amendment which would prohibit on-shore oil and gas support facilities in all zones except C-M, M, and P-M. In those zones, a Conditional Use Permit would be required
in addition to making the findings required for on-shore oil and gas support facilities.
COMMISSION OFFICE USE ONLY: Amendment # Date Received
Date Filed Comm. Hearing Agenda Commission Action: A , AWM -9 D- Date
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LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST
Council Resolution - signed and dated indicating City intends to administer LCP Consistent with the Coastal Act and indicating date LCPA will take effect. Note: A1 1 amendments take effect immediately upon Coastal Commission approval unless otherwise stated.
A reproducible copy of Council adopted LCPA
X If new text indicates where it fits into certified text
strikeouts and/or underlines showing modi f i cat i ons If map change, submit replacement map
- If revised text clearly indicates using
A discussion of amendments relationship to and effect on other sections of the previously certified LCP.
Zoning measures that will implement the LCPA.
Affect on public access (only for area between first public road and the Coast).
An analysis of potentially significant adverse cumulative impacts on coastal resources.
Copies of environmental review documents.
Summary of measures to ensure both public and agency participation.
- X List of public hearing dates - X Notice to interested parties - X Mailing list
Responses to comments X Comments
9. All staff reports plus attachments.
X (Coov Enclosed)
X (CODV Enclosed)
X(See Attachment)
X(See Attachment)
X(See Attachment)
X(See Attachment)
X (CODV Enclosed)
X (See Attachment
& CoDies Enclosed)
X (CODV Enclosed)
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INFORMATION REQUIRED BY THE LCPA SUBMITTAL CHECKLIST
3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE
PREVIOUSLY CERTIFIED LCP.
The proposed amendments restrict the location of on-shore oil and gas support facilities
which was previously not addressed in the Local Coastal Program. The amendments
also provide for a discretionary review process which requires that certain findings be
made by the City 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.
4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA.
A Zone Code Amendment was approved by the City Council which will provide a means
of implementing the LCPA. The Zone Code Amendment prohibits on-shore oil and gas
support facilities in all zones except C-M (Heavy Commercial-Limited Industrial), M
(Industrial), and P-M (Planned Industrial). In those zones such facilities will require a
Conditional Use Permit to be approved by the Cify Council (Zone Code Amendment
attached).
5. AFFECT ON PUBLIC ACCESS
At this time there is no property in the City of Carlsbad located between the first public
road and the coast which is zoned C-M, M, or P-M. As a result, no on-shore oil and
gas support facilities can be located in this area unless a Zone Change and Local
Coastal Program Amendment were approved. Therefore, the proposed amendments will
have no negative affect on public access.
6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON
COASTAL RESOURCES
The proposed amendments will prevent the creation of unknown cumulative impacts as
it restricts the location of on-shore oil and gas support facilities and provides a set of
strict findings that must be made in order for the City Council to approve such a use.
In addition, the required discretionary review process will provide a means of tracking
and monitoring any such uses should they be approved to help quantify any impacts
which they may cause to allow consideration of their cumulative affects.
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8. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION
The proposed amendments were initiated by the City Council on March 21, 1989 at a
public hearing. The Council, on that date, adopted a resolution declaring its intent to
consider amending the General Plan, all six segments of the Local Coastal Plan, and the
Zoning Code. The Council also directed the Planning Director to bring the matter before
the Planning Commission for public hearing and recommendation to the Council,
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 and Carlsbad Journal. Six letters were received all
in support of the proposed amendments.
In addition, Public Notice of the amendment was mailed to interested parties shown on
the attached list. A Negative Declaration was prepared for the proposal and sent to the
State Clearinghouse for a thirty-day review period. At the close of the review period,
none of the state agencies had any comments.
The proposal was heard by the Planning Commission and recommended for approval
on August 2, 1989. The City Council Public Hearing was held on September 12, 1989.
The Council on that date approved the amendments and directed staff to make
application to the Coastal Commission.
PUBLIC HEARING DATES
City Council (Initiation of Amendments) March 2 1, 1989
Planning Commission August 2, 1989
City Council September 12, 1989
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DEPT. PLN
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DEPT. HD-m NDMENT TO THE GENERAL PLAN, LOL..~ COASTAL iJ&FAh''L ND THE ZONING CODE TO PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES UNLESS CERTAIN FINDINGS CITY
AND DISCRETIONARY PERMITS ARE APPROVED. GPWLU 89-?/l a 89-1/7CA 89 1 TY OF CAW CITY MGRa- --
ITEM EXPLANATION
On March 21, 1989 the City Council passed a Resolution of Intention to amend the six Local Coastal Plans, General Plan, and Zoning Code 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. The Planning Commission
recommended approval of the amendments on August 2, 1989. On-shore oil and
gas support facilities include, but are not limited to processing plants,
refineries, storage facilities, transfer stations, pipel'ines, warehouses,
offices, tanker terminals and he1 icopter 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 Zone 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 were
received all in support of the proposed amendments. General Plan and Local
Coastal Plan amended policy language states that the support facilities are
prohibited because of potential adverse impacts and incompatibility with
adjacent existing uses unless the six findings are made.
The City Attorney is recommending that the amendment not absolutely prohibit
the uses pending litigation in other communities. The proposed amendment
provides administrative remedies and has been modeled after other ordinances that have not been successfully challenged. The proposed amendments provide
policy direction and a regulatory means to restrict the areas of use and the conditions under which the uses may be allowed. For further information please see the attached report to the Planning Commission.
Page 2 of Agenda Bill hu. lo~gsc?
ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not cause any
significant environmental impacts and, therefore, has issued a Negative
Declaration, dated June 7, 1989, which was approved by the Planning
Commission on August 2, 1989. A copy of the environmental documents is on
file in the Planning Department.
FISCAL IMPACT
No direct fiscal impacts are anticipated.
EXH I B ITS
1. Resolution Nos. 87-3&(? and 87-330
2. Ordinance No. OS-07
3. Planning Commission Resolution Nos. 2898, 2899, 2900 & 2901 4. Excerpts of Planning Commission Minutes dated, August 2, 1989 5. Staff Report to the Planning Commission dated, August 2, 1989
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RESOLUTION NO. 89-330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTAL PLAN TO PROHIBIT ON-SHORE OIL AND
GAS SUPPORT FACILITIES EXCEPT UPON THE
CITY COUNCIL MAKING CERTAIN FINDINGS. LCPA 89-1
WHEREAS, on August 2, 1989 the Carlsbad Planning
Commission adopted Resolution Nos. 2898 and 2901 recommending
to the City Council that the Negative Declaration, and Local
Coastal Plan, LCPA 89-1, be approved: and
WHEREAS, the City Council of the City of Carlsbad,
on September 12, 1989 held a public hearing to consider the
recommendations and heard all persons interested in or
opposed to Local Coastal Plan Amendment LCPA 89-1; and
WHEREAS, a Negative Declaration was issued on June
7, 1989 and submitted to the State Clearinghouse for a 30 day
review period. No comments were received from that review
period.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and
correct.
2. That the findings and conditions of the
Planning Commission in Resolution No. 2898 on file with the
City Clerk and incorporated herein by reference constitute
the findings of the City Council in this
Negative Declaration is hereby approved.
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3. That the findings and conditions of the
Planning Commission in Resolution No. 2901 on file with the
City Clerk and incorporated herein by reference constitute
the findings of the City Council in this matter and the Local
Coastal Plan Amendment LCPA 89-1 is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting
of the City Council of the City of Carlsbad, California, on
, 1989 by the following vote, to the day of SeDtsmber
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
L?&cL R. 67-A
ALETHA L. RAUTENKRANZ, City Ckerk
(SEAL)
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RESOLUTION NO. 89-329
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES EXCEPT UPON
THE CITY COUNCILMAKING CERTAIN FINDINGS.
GPA/LU 89-2
WHEREAS, on August 2, 1989 the Carlsbad Planning
Commission adopted Resolution Nos. 2898 and 2899 recommending
to the City Council that the Negative Declaration, and
Amendment to the Land Use Element of the General Plan GPA/LU
89-2 be approved; and
WHEREAS, the City Council of the City of Carlsbad,
on September 12, 1989 held a public hearing to consider the
recommendations and heard all persons interested in or
opposed to General Plan Amendment GPA/LU 89-2; and
WHEREAS, a Negative Declaration was issued on June
7, 1989 and submitted to the State Clearinghouse for a 30 day
review period. No comments were received from that review
period.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and
correct.
2. That the findings and conditions of the
Planning Commission in Resolution No. 2898 on file with the
City Clerk and incorporated herein by reference constitute
the findings of the City Council in this matter and the
Negative Declaration is hereby approved.
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3. That the findings and conditions of the
Planning Commission in Resolution No. 2899 on file with the
City Clerk and incorporated herein by reference constitute
the findings of the City Council in this matter and the
General Plan Amendment GPA/LU 89-2 is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting
of the City Council of the City of Carlsbad, California, on
the 12th day of September , 1989 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City\ Clerk
(SEAL)
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ORDINANCE NO. NS-87
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_,
The City Council of the City of Carlsbad does ordain as follows:
SECTION I: Title 21, Chapter 21.42 of the Carlsbad Municipal Code
is amended by the amendment of Section 21.42.010 to add subsection
21.42.010(15) to read as follows:
"(15) In the C-M, M and P-M zones, on-shore 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 are prohibited except upon findings by the City Council that:
(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; and (e) The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to pub1 ic 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.
Such facilities shall require a planned industrial permit pursuant
to Chapter 21.34 and conditional use permit pursuant to Chapter 21.50."
SECTION 11: That Title 21, Chapter 21.53 of the Carlsbad Municipal
Code is amended by the addition of Section 21.53.250 to read as follows:
"21.53.250 On-shore oil and qas facilities. In all zones except
C-M, M and P-M on-shore 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 are prohi bi ted. "
SECTION 111: That Title 21, Chapter 21.30 of the Carlsbad Municipal
Code is amended by the addition of subsection 21.30.010(29) to read as follows:
"(29) On-shore oil and gas facilities subject to the provisions of
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Section 21.42.010(15)."
SECTION IV: That Title 21, Chapter 21.32 of the Carlsbad Municipal
Code is amended by the addition of subsection 21.32.010(35) to read as follows:
"(35) On-shore oil and gas facilities subject to the provisions of Section 21.42.010(15)."
SECTION V: That Title 21, Chapter 21.34 of the Carlsbad Municipal
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Code is amended by the addition of subsection 21.34.020(11) to read as follows:
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"(11) On-shore oil and gas facilities subject to the provisions of
EFFECTIVE DATE: This ordinance shall be effective thirty days after
Section 21.42.010(15)."
its adoption, and the City Clerk shall certify to the adoption of this
ordinance and cause it to be published at least once in the Carlsbad Journal
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 1989, and thereafter
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PASSED 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:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
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PLANNING COMMISSION RESOLU TION NO. 2898
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR AN AMENDMENT TO THE
GENERAL PLAN, LOCAL COASTAL PLAN AND ZONING ORDINANCE TO PROHIBIT
COUNCIL MAKING CERTAIN FINDINGS. APPLICANT: CITY OF CARLSBAD
WHEREAS, the Planning Commission did on the 2nd day of August, 1989, hold
ON-SHORE OIL AND GAS SUPPORT FACILITIES EXCEPT UPON THE CITY
CASE NO. : GPA 89-3lLCPA 89-1/ZCA 89-1
a duly noticed public hearing as prescribed by law to consider said request,
and
WHEREAS, at said public hearing, upon hearing and considering a17
testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
fol 1 ows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration
according to Exhibit "ND", dated June 7, 1989 and "PII", dated May 26,
1989, attached hereto and made a part hereof, based on the following f i ndi ngs :
F i nd i nap:
1. The initial study shows that there is no substantial evidence that the proposed amendments may have a significant impact on the environment.
2. The proposed amendments will serve to provide a review process which will
enable site specific environmental review to take place.
3. The findings included as part of the proposed amendments require specific
consideration of adverse environmental impacts often associated with such
facilities prior to granting approval of on-shore support facilities.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August,
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, Erwin,
McFadden, Holmes and Marcus.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST :
PC RES0 NO. 2898
flf& &
MATTHIW HALL. Chairman CARLS~AD PLANN ING COMMI ss ION
PLANNING DIRECTOR
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NEGATIVE OECL AUT I ON
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 Guide1 ines for Implementation of the Cal ifornia 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
P1 anning Department.
A copy of the Negative Declaration with supportive documents is on file in-the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments
from the Dublic are invited. Please submit comments in writing to the Planning Department within ten
DATED: June 7, 1989
CASE NO: GPA 89-2/ZC LCPA 89-1
(IO) days of date of issuance.
89- 1/
APPLICANT: City of Carl sbad
PUBLISH DATE: June 7, 1989
ON: af
Planning Director
-- -- 2075 Las Palmas Drive - Carlsbad, California 92009-4859 (619) 438-1 161
I. .BACKGROUND
1. APPLICANT: Citv of Carlsbad
2. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 Las Pal mas Dr.
Carmad. CA 92009
(6191 438 - 1161
3. DATE CHECK LIST SUBMITTED: Mav 17. 1989
(Explanations of all Affirmative Answers are to be written under Section I11 - Discussion of Environmental Evaluation)
1. Earth - Will the proposal have significant results in:
a. Unstable earth condition8 or in changes in geologic
substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change 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 %Oil., either on or off the site?
f. Changes in deposition or erosion of beach sands, or change8 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?
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NO
2. & - 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. Watez - 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?
9. 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?
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MAYBE - NO
4. plant rife - Will the proposal have significant results in:
a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)?
unique, rare or endangered species of plants?
x
b. Reduction of the numbers of any
X
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?
significant results in: 5. Animal Li& - Will the proposal have
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)?
rare or endangered species of animals? b. Reduction of the numbers of any unique,
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?
6. prois* - Will the proposal significantly increase existing noise levels?
7. Glare - Will the proposal Sig-
8. Land Use - Will the proposal have
nificantly produce new light or glare?
significant results in the alteration of the present or planned land use of an area?
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9. Natural ResourceS - Will the proposal
a. Increase in the rate of use of any
have significant results in:
natural resources?
b. Depletion of any nonrenewable
natural resource?
10. Risk of UDset - 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. poDulatioq - Will the proposal signif-
icantly alter the location, distribu- tion, density, or growth rate of the human population of an area?
12. Housinq - Will the proposal signif- icantly affect existing housing, or create a demand for additional housing?
13. TranSDOrtatlOn/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
d. Alterations to present patterns of
systems?
circulation or movament of people and/or goods?
air traffic? e. Alterations to waterborne, rail or
f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians?
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14. Public Services - Will the proposal have
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?
15. meray - 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?
- Will the proposal have I.. 16. significant results in the need for new systems, or alterations to the following utilities:
MAYBE - NO
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X
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a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or s8ptic tanks?
e. Storm water drainage?
f. solid waste and disposal?
17. man Health - Will the proposal have significant results in the creation of
any health hazard or potential health hazard (excluding mental health)?
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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?
Recreation - Will the proposal have
significant results in the impact upon the quality or quantity of existing recreational opportunities?
MAYBE - NO
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X
Archeological/Historical/Paleontoloaical - Will the proposal have significant
results in the alteration of a significant archeological, paleontological or historical site, structure, object or
bui Id ing? x
Analyze viable alterna tives to the DrODOSed Droiect such as:
a) Phased development of the project, b) alternate site designs, 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.
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.
The proposed project does not include a site design or design standards, therefore, alternative designs were not evaluated.
A specific construction project is not proposed as part of this project. Because of this an alternate scale of development cannot
be evaluated.
A site specific project is not a part of this project. As a result alternate uses for a specific site could not be evaluated.
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Nestion 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)
9)
Alternative sites were not evaluated since a specific site is not
proposed for development.
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.
XES
22. - e. Mandatorv findinas of siunifrcancg
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 hav8 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.) x
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c. Does the project have the possible environmental effects which are in-
dividually limited but cumulatively considerabl.? ("Cumulatively con- siderable" moans that the incremental effects of an individual project are considerabl. when viewed in connection with the effects of past projects, the effects of other current projects, and
the effects of probable future projects.) x
d. Does the project have environmental
effects which will cause substantial adverse effects on human beings, either directly or indirectly? - x
111. DISCUSSION OF ENVWNMENTAJ, E VALUATION
The proposed amendments will reduce the potential for adverse environmental
effects which can bo caused by on-shore suport facilities. Such adverse
effects can include increased air pollution, water pollution, traffic, noise, visual, scenic and aesthetic impacts.
11.1. Earth:
The proposed project, consisting of various code and plan amendments,
contemplates no grading.
11.3 Water:
The proposal will not impact existing drainage courses or change absorption
rates.
11.4 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.
11.8 Land Use
The proposed amondmant8 will provant to tho greatest extent possible the
alteration of tho planned land use of areas designated for Heavy commercial-
Limited Industrial, Indu8tria1, and Plannod Industrial Development. This will be accompli8had by prohibiting the establishment of on-shore support facilities excopt upon tho Council making the proposed findings and granting a Planned Induatrial Permit or Conditional Use Permit depending upon the zone of the property.
Rev. 12/88
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JSCWSSION OF ENVIR ONMFi ,+L E VALUATIOH (Continued)
11.9 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.
XI. 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.
11.18 Aesthetics:
The amendments provide a review process for on-shore Support facilities
which enables future environmental review to take place for Visual impacts.
11.19 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.
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IV. WTFRMINATI ON (TO Be Lampleted By The Planning Department)
On the basis Of this initial evaluation:
X I find the proposed project GOUTID 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.
h
' Date
5.73 1/39
' Date Signature
5.73 1/39
(If Applicable) v. -
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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
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PLANNING COmISSION RESOLUTION NO. 2899
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO
UPON THE CITY COUNCIL MAKING CERTAIN FINDINGS. APPLICANT : CITY OF CARLSBAD
PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES EXCEPT
CASE NO.: GPA/LU 89-7
WHEREAS, a verified application for an amendment to the text of the
General Plan Land Use Element, has been filed with the Planning Commission; and
WHEREAS, said verified application constitutes a request for
amendment as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of August,
1989, hold a duly noticed public hearing as prescribed by law to consider said
request ;
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of
the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the
Commission recommends APPROVAL of GPA/LU 89.-2, based on the foll owing findings:
6)
F i ndi nas :
1. The proposed amendment clearly states the City's policy toward on-shore
oil and gas support facilities by prohibiting them due to potential
adverse impacts to the environment and the cmunity which often are caused by such facilities.
The amendment includes six findings which the Council is required to make to approve on-shore support facilities should they be proposed, to ensure
that all potential impacts are adequately assessed.
3. The proposed amendlllent will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning
Director on June 7, 1989 and recommended for APPROVAL by the Planning
Conmission on August 2, 1989.
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Amendment:
The land use element of the general plan is amended by the
amendment of Section V, D, 14 to add a paragraph to read as follows:
"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 coast1 ine 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 coatunity 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 under1 yi ng zone. I'
And further resolves that the appropriate sections in the
applicable local coastal program segments be similarly amended in order to
carry out the intent of this prohibition.
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PC RES0 NO. 2899
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Comnission of the City of Carlsbad, California, held on the 2nd day of August,
1989, by the following vote, to wit:
AYES : Chairman Hall, Commissioners: Schlehuber, Schramm, Erwin, McFadden, Holmes & Marcus.
NOES: None.
ABSENT : None.
ABSTAIN: None.
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MATTHbi HALL, Chai rman CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 2899
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PLAWNIWG CWIS SION RESOLU TION NO. 2900
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.42, 21.53, 21.30, 21.32, and 21.34, OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION(S) 21.42.010( 15), 21.53.250, 21.30.010( 29), 21.32.010(35), and 21.34.020( 11), TO PROHIBIT ON-SHORE OIL AND GAS FACILITIES. APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA 89-1
WHEREAS, the Planning Commission did on the 2nd day of August, 1989, hold
a duly noticed public hearing as prescribed by law to consider said request; and
3.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said
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Commission considered all factors relating to the Zone Code Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
fol 1 ows :
A) That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA 89-1, according to Exhibit "A",
dated August 2, 1989, attached hereto and made a part hereof, based on
the following findings.
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16 11 11 Findina:
The proposed amendment will prohibit on-shore oil and gas support facilities except in the C-H, H, and P-M Zones which allow land uses
which will generally be more compatible with such facilities than uses found in other zones.
On-shore support facilities will require the approval of a conditional
use pernit in addition to determining that all of the proposed findings are true which will assure that all potential adverse impacts are identified and mitigated.
The proposed amendments will not cause any significant environmental
impacts- and a Negative Declaration has been issued by the Planning Director on June 7, 1989 and reconmended for APPROVAL by the Planning
Commission on August 2, 1989.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of August,
1989, by the following vote, to wit:
AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, Erwin,
NOES: None.
ABSENT: None.
ABSTAIN: None.
Mcfadden, Holmes 81 Marcus.
Pdd& xkop
MATTHEW HALL, Chaihan CARLSBAD PLANNING COMMISSION
ATTEST:
P1 ann i ng Di rector
PC RES0 NO. 2900 -2-
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PLANNING COMMISSION RESOLUTION NO. 2901
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBP CALIFORNIA, AMENDING ALL SIX SEGMENTS OF THE CARLSBAD LOCAL COASTA~ PLAN TO PROHIBIT ON-SHORE OIL AND GAS SUPPORT FACILITIES.
CASE NO.: LCPA 89-1
APPLICANT: CITY OF CARLSBAD
WHEREAS, California State law requires that the Local Coastal Plan,
General Plan, and Zoning designations for properties in the Coastal Zone be in
conformance;
WHEREAS, a verified application for an amendment to the Local Coastal
Plan has been filed with the Planning Commission; and
WHEREAS, said verified application constitutes a request for amendment
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of August, 1989, hold
a duly noticed public hearing as prescribed by law to consider the proposed
Local Coastal Plan Amendments shown on Exhibit(s) "A" through "F", and;
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said
Commission considered all factors relating to the Local Coastal Plan Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review
period for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad, as follows:
A)
8)
That the foregoing recitations are true and correct.
That the State mandated six week review period, was provided, starting
on May 24, 1989, and ending on July 5, 1989 and, staff has presented to
the Planning Commission a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of LCPA 89-1 as shown on Exhibits "A"
through "F", dated August 2, 1989, attached hereto and made a part hereof based on the following findings:
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Findinas:
1. The proposed Local Coastal Plan ARendment is consistent with policies of the Coastal Act in regard to protecting the environment from significant adverse impacts.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 2nd day of August, 1989, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chairman Hall, Commissioners: Schlehuber, Schramm, Erwin,
McFadden, Holmes b Marcus.
None.
None.
None.
MATTHEW HALL. Chairman
Planning Director
PC RES0 NO. 2901
CARLSBAD PLANNING COMMISSION
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LL?
EXH I E I T 'I A I'
DATED AUGUST 2, 1989
MELLO I SEUE NT OF THE LOCAL CO ASTAL PROGW
SECTION ACT I ON
2. Standard Pacific (p. 3)
3. Occidential Land, Inc. (p. 8)
Add Policy 6: Onshore Oil and Gas Support Facilities.
Add Policy 5: Onshore Oil and Gas Support Faci 1 i ties.
4. Rancho La Costa (Hunt Properties) (p. 18) Add Policy 7: Onshore Oil and Gas Support Facilities.
Proposed Pol icy: ON-SHORE OIL AND GAS SUPPORT FACILITIES
Since the location and maintenance of on-shore oil and gas support facilities including, but not 1 imited 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 Carl sbad's coast1 ine 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 Council that all of the following are true: by the City
(a) Approval of the proposed project and facilities will pose no danger
to 1 ife 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 pub1 ic health, safety, peace, morals, comfort , and general we1 fare of persons residing or working in the neighborhood or cormunity 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.
c
AH I B I T I' B "
DATED AUGUST 2, 1989
MELLO 11 $EG MENT OF THE LOCAL COAS TAL PROGRA M
SECTION ACTION
9. Exhibits
Create new Section 9
Change to Section 10. Exh i bi t s .
Title new Section 9. onshore Oil and Gas Surmort Faci 1 it ies
and establ ish Policy 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, he1 icopter
pads and other support facilities present adverse environmental impacts which
may include catastrophic environmental damage to the marine ecosystem along Carl sbad's coast1 ine 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:
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 pub1 ic 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.
EXH I8 IT " C "
DATED AUGUST 2, 1989
AGUA HEDIONDA SEMEN T OF THE
LOCAL COASTAL PLAN
111. Land Use Plan, Section 1. (p. 17) Add policy 1.11
Policy
Since the location and maintenance of on-shore oil and gas support facilities including, but not 1 imited to, processing plants, refineries, storage facilities, transfer stations, pipe1 ines, warehouses, offices, tanker facilities, he1 icopter pads and other support facil ities present adverse environmental impacts which may include catastrophic environmental damage to the marine ecosystem along Carl sbad's coast1 ine 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:
Approval of the proposed project and to life and property to residents of City.
Approval of the proposed project wi of damage or injuries to nearby resi
facilities will pose no danger the neighborhood, community or
1 not pose a potential threat fents.
The benefits of the proposed project clearly outwe adverse environmental effects.
There are no feasible alternatives to the proposed
gh the poss
project.
bl e
The location and approval of the on-shore facilities at the particular location clearly outweigh any potential harm to pub1 ic
health, safety, peace, moral s, 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.
EXH I 8 I T " D "
DATED AUGUST 2, 1989
EAST BATIOUITOS I AGOON/HU NT PROPERT I ES
SE SfUn
SECTION ACT ION
a. Land Uses Permitted Pursuant to a Master Plan (Page 1) Add the proposed amend- ment listed below prior to the sentence which
reads "Speci f ical ly, the uses shall be as f 0 1 1 ow s : 'I
ProDosed Ame ndment :
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 Carl sbad's coast1 ine 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:
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 pub1 ic
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.
EXH I B I T I' E 'I
DATED AUGUST 2, 1989
SECTION ACTION
Land Use (p. 5) Add Section R. onshore Oil and Gas wort facilities
Proposed Section R. Pnshore 0 il and Gas Support Facil i ties
Since the location and maintenance of on-shore oil and gas support facilities including, but not 1 imited to, processing plants, refineries, storage facilities,
transfer stations, pipe1 ines, warehouses, offices, tanker facilities, he1 icopter pads and other support facilities present adverse environmental impacts which
may include catastrophic environmental damage to the marine ecosystem along
Carl sbad's coast1 ine 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:
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 pub1 ic
health, safety, peace, morals, comfort, and general we1 fare of persons residing or working in the neighborhood or community and wi 11
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.
-.
EXH I B I T 'I F 'I
DATED AUGUST 2, 1989
V. Oesign Guidelines for the Village Redevelopment Area (p. 3) 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, pipe1 ines, 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
Carl sbad's coast1 ine 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:
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 pub1 ic 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.
EXCERPTS OF DRAFT PLANNING COMMISSION MINUTES OF DRAFT AUGUST 2, 1989
3) GPA/LU 89-2/LCPA 89-1/ZCA 89-1 CITY OF CARLSBAD -
Request for approval of an Amendment to the Land Use
Element of the General Plan, Local Coastal Plan
Amendment, and Zone Code Amendment to prohibit on-shore
oil and gas support facilities except upon the City
Council making certain findings.
Gary Wayne, Principal Planner, reviewed the background of the
request and stated that the proposed amendments to the Land
Use Element of the General Plan, all six segments of the
Local Coastal Plan, and a Zone Code amendment were initiated
by the City Council on March 21, 1989.
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, policy, and ordinances of the City. The type
of support facilities considered were processing plants,
refineries, storage facilities, transfer stations, pipelines,
warehouses, offices, tanker terminals, and helicopter pads.
The findings that would be required by the Council deal with
compatibility with the neighborhood, the potential threat of
damage or injuries to nearby residents, possible adverse
environmental effect, and whether the project is permitted in
the underlying zone. The proposed ZCA would prohibit the
location of these support facilities in all zones except our
three industrial zones (C-M, M, and P-M). In those zones
such facilities would require a planned industrial permit
pursuant to Chapter 21.34 and a Conditional Use Permit.
The Council on that
The proposed amendment has already undergone a six-week
public review period where copies of the amendment were
circulated to interested parties as well as publication of an
sversized ad in the Blade-Tribune. During that six-week
Page 8 4 August 2, 1989 PLANNIY- COMMISSION
review period, only six letters were received, all in support
of the proposed amendments, which are on file in the Planning
Department. the amendment not absolutely prohibit these uses due to
pending litigation in other communities that have established
similar ordinances. The ordinances were modeled after the
ordinances of other cities which have not been challenged.
Staff feels that the proposed amendments provide policy
direction and recommends approval.
The City Attorney's office is recommending that
Commissioner Holmes requested confirmation that the ordinance
will not be retroactive. Gary Wayne replied that this is
correct.
Commissioner Erwin inquired if the SDG&E facilities at Encina
would be affected in any way. Gary Wayne replied that SDG&E
is not affected because they are an existing use and their
storage facilities are for the generation of electricity
rather than off-shore drilling. Any expansion of that use
would require an amendment to the Specific Plan and would
require discretionary action.
Commissioner McFadden inquired if pending litigation is due
to a total ban of support facilities. Ron Ball, Assistant
City Attorney, replied that a trial court ruling was made
partially in favor of the Western Oil and Gas Association,
which is on appeal before the 9th Circuit Court of Appeals.
Chairman Hall opened the public testimony and issued the
invitation to speak.
There being no persons desiring to address the Commission on
this topic, Chairman Hall declared the public testimony
closed and opened the item for discussion among the
Commission members.
Commissioner Schlehuber inquired of the City Attorney if
Resolution No. 2898, line 21, could be reworded to strike the
reference to discouraging on-shore support facilities. would like Finding 112 to read, "The proposed amendments will
serve to provide a review process which ...'I.
replied that the comment is well taken.
He
Ron Ball
Motion was duly made, seconded, and carried to adopt Erwin X
Planning Commission Resolution No. 2898 approving the Hall X
Negative Declaration Issued by the Planning Director, and Holmes X
adopt Planning Commission Resolution Nos. 2899, 2900, and Marcus X
2901, approving GPA/LU 89-2, LCPA 89-1, and ZCA 89-1 based McFadden X
on the findings contained therein, with the correction Schlehuber xx
to Line 21 of Resolution No. 2898 as suggested. Schramm X
STAFF REPORT
DATE: August 2, 1989
TO: PLANNING COMMISSION
Q
FROM: PLANNING DEPARTMENT
SUBJECT : GPWLU 89 -2/LCPA 89-1/ZCA 89 -- 1 CI TY OF CARL= - 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.
That the Planning Commission ADOPT Planning Commission Resolution No. 2898
APPROVING the Negative Declaration issued by the Planning Director, and AOOPT 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.
11. YQ P AN KR N
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-Comnercial-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.
CITY OF CARLSBAO
August 2, 1989 PAGE 2
GPA/LU 89-2/LCPA 89-1/ZCA 89-1
111.
P1 annina 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 Coas tal 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 pol icy 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, furth-er 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.
8. 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, M and 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
August 2, 1989 PAGE 3
GPA/LU 89-2/LCPA 89-1/ZCA 89-1
SUMMARY
The proposed amendments do not completely prohibit on-shore support facilities.
This is a result of pending litigation on whether or not local 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.
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.
1. 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
ON: 1 h
July 6, 1989
.IoI. 7. I"'4Y
Subject: On-shore Oil & Gas Support Facilities Plan & Code Amendments/ SCIlt 89061\;19
The State Clearinqhouse submi ttd the above named envirmnental document to selected state agencies for review. The review period is now closed 2nd
none of the stzte agencies have camnts. This letter .ic'cnowle3ger; that you
have ccmplied with the Stat8 Clearinghouse revic'r requirenents for -1rrrf t snvironmental documents, pursuant to the C1lifornia Envirsmncntsl 21aLFty
Act.
Plesse call Garr9tt Ashley xt 9t6/445-0513 if you h-tv? any* rqtipstir,ns regar\ling the envirDnmenta1 r%view process. 'T'len contnztinj, the
Clearinghouse in this matter, please use the eight4i3it Stite Cl?nrinshouse number so that we my respond promptly.
Sincerely,
hvid C. Nunenkamp Chief
Off ice of Permit .Usis tmce
.
1855 Soutn View Drive Carlsbad, Ca. 920Ga June 30, 1989
Planning Department City of Carlsbad' 2075 Las Palmas Drive Carlsbad, California 92009-4859
Re: On-shore oil and gas facilities in Carlsbad
A8 residents and property owners in Carlsbad, we would like to *:oice our support for the adoption of any changes in the general plan, local coastal plan and zoning ordicances that will protect this area from off-shore oil drilling.
It is our hope that irilitary. 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 ie clearly not in the best interest of our tourist and agricultural business, economy and .ppeal as a community in which to live.
erely,
niane L. Beard
June 1. 1989
Yr. Donald Neu, Planning Commissioner Citv of Carlsbad -- Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859
To h'hom It May Concern:
!*.!e i~ish to go on record aC: boi~.,q vehernentl~. opFosprl tn anv 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 alreadv
taken steps to forbid such oil/gas-related activity, we feel that Carlsbad MVST take similar action.
Le oppose Lease Sale 95!!!
Sincerely,
em-,, +.L-Q- Dominic F. Colombo Constance C'. Colombo
1856 Eastpointe Avenue Corlsbad, CA 020ot1
*
PROOF OF Pl- ICATION
(2015.5 C. .)
STATE OF CALIFORNIA,
County of San Diego
I am a citizen of the United States and a
resident of the County aforesaid; I am over
Ihe age of eighteen years, and not a party
to or interested in the above-entitled matter.
I am the principal clerk of the printer of
The Blade Tribune
a newspaper of general circulation. printed
and published daily in the City of C p-
and qualified for the City of Ocear '
the North County Judicial district witt ;:
tial circulation in Bonsall. Fallbrook, I.
Encinitas, Solana Beach, Cardiff,
Carlsbad, County of San Diego, a;
newspaper has been adjudged a ni 1
of general circulation by the Super
of the County of San Diego, Stale of (9
under the date of March 19, 19:
Number 171349; that the notice, of 1'-
annexed is a printed copy (set in
smaller than nonpareil), has been .I
This space is for the County C--% Filing Slamp
Proof of Publication of
Public Notice ......................................
.PUBLIC NOTICE . y' , ; <. ?Z -# *'I
TO INTERESTED PARTIES: . ;,g *,
..............................
(0) BdLypOlQ-OUMlOhhparlb*-
(d) h.n.nm*.Lb*Imlvrm?npoQord~. , ". t
.. I certify (or declare) under penalty c: ?
that the foregoing is true and correi? (e) ?n&&.lbnmdqprorJdh.oMhcn~.I?nWbabndrr(yaMlOhw
~lLlhrmPpdlch.llhuhypUrdh~~d~~Of mddq ar *ror#ng k h. r*ioM or c&wnudo d*Al nol b. d.(rcm.l OrhJZzl pqaty h ?n nmghbomood. -mor b hgmnl- d ?n Utud of M&. 1989
(rl ?nwpopot.dpoi#bprmH#whhham&Im!3-. ... ..\
I( pu lmw qusdonr. p*wanm?n Rrnl hpubnant *t (8191 ubll61. wllmI!m!nmmIa 8hadd kSmt b h. Ph&%pmmt* a75 Lu p.hu &,k 8-
, .,'
THE BLADE TRIBUNE ...
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2051 Sheridan EM
Enchitas, CA 92024
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wlrraughs carp- Bummqhs Place
Detroit, MI 48232
Bob Allan
Standard-Pacif ic
1731 Colgate Cr
La Jolla, CA 92037
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27611 La PaZ EM
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6491 El Camho Real
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George Bolton
6519 El Cdno M
Carlsbad, CA 92008
AMIR Enterprises
18552 MacArthur Blvd
Inrh, CA 92704
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1124 Blue Sage
San -, CA 92069
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1024 Tenth St #300
Sacramento, CA 95814
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2006 Spesry Ave Patterson, CA 95353
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2290 Nab Hill Dr
Carlsbad, CA 92008
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1547 Loring St
San Diego, CA 92109
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Eslchita~, CA 92024
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Capistrano Beach, CA 92624
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2630 State St
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341 West "E" St
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1303 Avocado Ave #220 Newport mch, CA 92660
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Soil consemation Serv.
1523 E Valley Pkwy #201
Escardido, CA 92027
B.M. christensen
P.O. Box 188
Carlsbad, CA 92008
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Eslchitds, CA 92024
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1600 Pacific ?Icy.
San Diego, CA 92101
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824 Camhito del Repose
Carl&&, CA 92008
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5911 Eeaumont
La Jolla, CA 92037
EClaMNlLdge
1207 Elm Ave #R
P.O. Box 1636
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12142 Argyle Dr LG~ Aldh, CA 90720
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Us Angels, CA 90065
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964 Urania
&&a, CA 92024
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1698 Crest Dr
Enchitas, CA 92024
lbnEscher
5555 Overland Av, Bldg 3
San Diego, CA 92123
caunty w?/mid-
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2934 E FM St
Umg Beach, CA 90803
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7776 Ivahoe Ave
La Jolla, CA 92037
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621 Glencrest
Solana Beach, CA 92075
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CA State Lands ccannission
1807 13th St
-Cramerrto, CA 95814
Huso - 210 Randtme wy
San Rafael, CA 94903
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Solana &a&, CA 92075 nkcbitas, CA 92024
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333 W Yorkbwn Ave
Huntington Bead’l, CA 92648 Whitas, CA 92024
500 Cdno de Orchida
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IDS Angeles, CA 90046
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7940 Willaw Glen EM Winitas, CA 92024
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410 La Costa Ave
Leucadid, CA 92024
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SDG6rE
P.O. Box 1831
San Diego, CA 92112
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1911 !Saxony
Ieucadia, CA 92024
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770 Rancho !%&a Fe IM
Olivenhah, CA 92024
A. Geisbret
3101 San Gabriel
Glendale, CA 92108
-M=W 221 Prh Hrxlse Lane Winitas, CA 92024
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SD Co Dept Plng & Land Use
5201 Ruffin Rd, #B-5 SanDiego, CA 92123
costa Rral Municipal Water
5950 El Rral
Carlsbad, CA 92008
Robert & lkecdora curran
425 Orpheus Ave
Enchitas, CA 92024
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510 La Oosta Ave Eslcinita~, CA 92024
= Farris
1929 Alta Vista Dr
ViSta, CA 92083
Manual Hidalgo
6511 El camin0 Real
Carlsbad, CA 92008
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2170 Skylh Dr Escondido, CA 92027
E$maHoehn
c/o chevron USA Inc.
P.O. BOX 7611
San mi.^^, CA 94120
LDis Hul@Eys -a Co. Water District
P.O. Box 2397 Lwcadia, CA 92024
Joan Jackson
1120 olinquapin Ave
Carlsbad, -92008
,- A .
William Ujan
6505 El Camin0 Real.
Carlsbad, CA 92009
Michael Mahoney Executive Vice Pres.
12831 Newport Ave
'Ikth, CA 92680
Britton & Dmd Niwl
4444 Oakwcd Ave
Ia Canada, CA 91011
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2100 N Highway 101 Leucadia, CA 92024
Td3y Mallen, Attorney
Graham & James 707 Wilshire Blvd, 35th Flr Santa Ana, CA 92703 m Angels, CA 90017
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1526 N Oentury Blvd
Earl & Marsha May
2021 Sheridan EM winitas, CA 92024 SanDiego, CA 92123
George Nolte & Assoc.
9455 Ridgehaven ct
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2041 sheridan Fd
Whitas, CA 92024 17890 Skypark Cr
Michael O'Dell Signal Devt. COrp.
Irvh, CA 92714
Jane Me.Kril1 Tan ohlsen
IAFW 2588-D El Camin0 Red
1600 Pacific Coast Hwy Carlsbad, CA 92008
San Diego, CA 92101
Olivenhain MWD
1966 Olivenhain Fd -Y oorp* 640 Grard Carlsbad, CA 92008 Enchitas, CA 92024
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2316 Calle Mquita Ia Jolla, CA 92037
Miguel Padilla
754 Del Riego winitas, CA 92024
PACE
13 colunJxls San I?rancisco, CA 94111
Cuy Moore, Jr.
6503 El RedL
Carlsbad, CA 92008
L&OnZdJaSneS
755 Elm Ave
Carl-, CA 92008
Kindel & And€%son
4000 Mac2irthu.r Blvd, #lo00 Newport Em&, CA 92660
Attn: Angel0 Palmier
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10960 Wilshire Blvd, 18th F1 Los Angels, CA 90024
Lakeshore Gardens
7201Avenida winas
Carlsbad, CA 92008
Jahn lhmb
947 N La Cienega Blvd Ios Angeles, CA 90069
Perry61BarbaraLamb
RFD 3, Box 3066 Mere point Fa
Bnmswick, ME 04011
Ianikai
6550 Dr
Carlsbad, CA 92008
Allen & Olivas lkason
2016 Sheridan EM -a, CA 92024
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4540 GiltpIs Dr Newport Beach, CA 92660
PaesetterHanes, Inc.
Placid Oil CO. SANmG Sol*
-A Security Pacific Plaza #524 195 Pal- TCd
Huntington Beach, CA 92648 1200 l'hixd Ave Carl-, CA 92008
Planning Land use systems
2155 N-e Ave
Cardiff-by-the-Sea, CA 92007
SD-. Archaeolcg. Soc. Inc.
237 Ncrwles St
Oceanside, CA 92054
c/o carol wdlkes
Dwight spiers
Spiers Enterprises
17941 Mitchell St Imjne, CA 92714
Lnddie & Eleanor Fattoroff
c/o standard Oil of CA
225 wlsh St
San Fran=isco, CA 94120
Sari Dimto Water District
59 East D
Enchitas, CA 92024
Gerald Ftaff, Eugene & Betty
Pickett & Robert Belyea
2525 Ocean Ave
Corona del Mar, CA 92662
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2055 Sheridan IM
Enchi*, CA 92024
RanchoIElCosta
P.O. Box A
Huntht$on Beach, CA 92648
E.P. schappe
3754 Balboa Dr
Oceanside, CA 92054
Robert-
17782 Sky Park Blvd Imine, CA 92714
RanchoIacc6ta, Inc. Costa del Mar Rd
Carlsbad, CA 92008
Dale & Donna Schreiber
1457 Crest Dr
Enchitas, CA 92024
Susanulibarricard
The Planning Center
240 Newport Center Dr
Newport Beach, CA 92660
Sun-Fresh Floral
6515 El Camino
Carlsbad, CA 92008
JahnWdikop&SarahVauqhan
2056 Sherid& mcadia, CA
- IM
92024
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P.O. Box 2571 Leucadia, CA 92024
Tabata Bros.
P.O. Box 943
Carlsbad, CA
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2 Wisteria wy
Athertan, CA 94025 92008
Charles Si-
1 - IR4 Plaza #3100 chicago, IL 60611
abe Blade Tritxlne
1722 S. Hill wt
Oceanside, CA 92054
Joseph RtihLk
1638 Valleda Ln
Eslchim, CA 92024
David Sittner
2808 Iuciernaga St
Carlsbad, CA 92008
The Flubier Paw
6525 El Camh Rt?d
Carlsbad, CA 92008
Charles & Eva 'Iherrian
926 E 'ItJ;elfth St National City, CA 92050
Bill Tkmpson
P.O. Bax 450
Rancho Santa Fe, CA 92067
mvid lharpson
7400 Batiquito6 Dr
Carlsbad, CA 92008
ThCmp0n Rose co. poinsettia Iane
Carl-, CA 92008
Atchison Tapeka & Santa Fe
117 N Cleveland
Oceanside, CA 92054
Batiquiw Bluff
2650 Camino Del Rio
San Diego, CA 92108
William Treder
Senior Vice Pres.
2955 Fletcher Dr -ty-
.*
LacostaHotel&spa COstaDelMarRd
Carl-, CA 92009
curt Elsner Laura & Jon Landry
2081 Sheridan Rd Uucadia, CA 92024
Cyril C Mary Gibson
12142 Argyle Dr W Aldtos, CA 90720
Anastasia -itas Maria 61 Etal SCRagias
P.O. Box 2047
-a, CA 92024
Flayd -hbY 416 La Costa Ave
Em=Mtas, CA 92024
Ekuc!e€€odlmn
2054 Sheridan EM
ESlcMtas, CA 92024
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640 Grand Ave Drawer A
Carlsbad, CA 92008 mnrthgton Beach, CA 92648
Mic&el& Barbara shores H.P.I.
P.O. Box 2571 c/o A.D. Valorem Tax Dept.
Ieucadia, CA 92024 2840 Thanksgiving
Dallas, TX 75201
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276 N El CBnho Fkal
Oceanside, CA 92054
Batiquitos minte c/o Edward F. whittler
530 B Street
San Diego, CA 92101
Waldm C Delores Welty Fwd&LitaEston
2076 Sheridan Rd 514 La Costa Ave Uwadia, CA 92024 Ebxhitas, CA 92024
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3222 St Albans Dr
Rossmoor, CA 90220
A. J. Skatnicki
3535 Bedford cir
Carlsbad, CA 92008
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2110 Main st 17890 Skypark Cir Hmthybn Beach, CA 92648 Imine, CA 92714
mmy&BarbaraLamb Route 3, Box 3066 MeremintEM Brunswick, ME 04011
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3233 San Fernando EEd, #3 Lc6 Angeles, CA 90065
Mitsouchl ' - michi & Masako c/o E.H. Sellmeyer
4040 Rdn
St. Lads, lD 63116
A.K. Oliver
587 Carmno ' El Dorado EhcMtas, CA 92024
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356 E Broadway Vista, CA 92083
Glen Twcl
2087 Sheridan IM Leucadia, CA 92024
Charles & Eva merrien
926 E Wfth St National City, CA 92050
Gor Vanderfuxlt
2045 -1- Ck
Carlsbad, CA 92008
I3aM whitson
5051 Shorn Dr
Carlsbad, CA 92008
Roger wintle
P.O. Box 1636
Carl-, CA 92008