HomeMy WebLinkAbout2009-12-22; Housing & Redevelopment Commission; Resolution 4821 RESOLUTION NO. 482
2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD OPPOSING THE
3 PROPOSED CARLSBAD ENERGY CENTER PROJECT, ACCEPTING
4 THE CITY COUNCIL'S DETERMINATION THAT THE PROPOSED
CARLSBAD ENERGY CENTER PROJECT IS INCONSISTENT WITH
5 APPLICABLE LOCAL AND RELATED LAND USE LAWS, ORDINANCES,
REGULATIONS, AND STANDARDS, AND APPROVING THE
6 COMMISSION'S DETERMINATION THAT SAID PROJECT DOES NOT
COMPLY WITH THE SOUTH CARLSBAD COASTAL REDEVELOPMENT
7 PLAN AND SHOULD NOT BE APPROVED BY THE CALIFORNIA
ENERGY COMMISSION.8
9 WHEREAS, in September 2007 NRG Energy, Inc. submitted an Application for
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Certification (AFC) for the Carlsbad Energy Center Project (CECP) to the California
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Energy Commission (CEC); and
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WHEREAS, the CEC has jurisdiction in approving new power plants over 49
.. mega watts; and
WHEREAS, both the City of Carlsbad and the Carlsbad Redevelopment Agency
16 recognize the need to develop energy resources that meet the growing demands of our
17 region; and
18 WHEREAS, as home to the existing Encina Power Station (EPS) since the 1950s
1 Q and the numerous other regional facilities, Carlsbad understands a community's
20 responsibility in hosting regional resources and the impacts associated with such; and
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WHEREAS, due to recent advances in technology, a state-of-the-art power plant
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is not a coastal dependent land use; and
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WHEREAS, any proposed non-coastal dependent industrial land use (including
energy generation) should be located away from the Encina Power Station site to avoid
26 impacting significant coastal resources; and
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1 WHEREAS, the proposed CECP would constitute a non-coastal dependent
2 industrial land use at the EPS site for an estimated additional 40 years; and
WHEREAS, the City of Carlsbad has required for over twenty-five years that a
4 comprehensive land use plan be conducted for Specific Plan 144 (which includes the
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Encina Power Station site) to clearly identify acceptable future land uses and guide site
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redevelopment; and
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WHEREAS, the City Council and the Carlsbad Redevelopment Agency have8
reviewed the AFC and found it to be inconsistent and detrimental to the best interests of
the community, including the South Carlsbad Coastal Redevelopment Area; and
11 WHEREAS, the proposed CECP contains severe and possibly unavoidable
12 environmental impacts; and
13 WHEREAS, in November 2009 the CEC released the CECP Final Staff
14 Assessment (FSA); and
WHEREAS, the City and Redevelopment Agency reviewed the FSA and other
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relevant project-related materials; and
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WHEREAS, the City of Carlsbad and Carlsbad Redevelopment Agency have
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concurrently determined that the CECP is inconsistent with local land use laws,
20 ordinances, regulations, and standards (LORS); and
21 WHEREAS, the City of Carlsbad and Carlsbad Redevelopment Agency have
22 concurrently determined the proposed CECP creates significant negative impacts to the
23 community's health, safety, and welfare, due to, in part, land use, public safety, visual,
and air quality concerns; and
25 WHEREAS, the California Energy Commission should recognize the Carlsbad
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City Council's authority in determining compliance with, or consistency with, applicable
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1 local and related land use laws, ordinances, regulations, and standards and its
2 objections to the CECP due to the negative public safety and visual impacts it will
•3 create, which also applies to the South Carlsbad Coastal Redevelopment Area that is
4 under the jurisdiction of the Housing and Redevelopment Commission; and
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WHEREAS, the California Energy Commission should recognize the Carlsbad
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Housing and Redevelopment Commission's legislative authority, on behalf of the
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Carlsbad Redevelopment Agency, to establish a process and framework for8
9 implementation of redevelopment actions to alleviate and prevent the spread of blight
10 and deterioration in the South Carlsbad Coastal Redevelopment Area (SCCRA), which
11 includes the proposed CECP site and adjacent properties; and
12 WHEREAS, the Housing and Redevelopment Commission is authorized, by the
13 SCCRA Plan to use the powers set forth in the Plan, and the powers invested in the
14 Commission by Redevelopment Law and any other State Law; and
WHEREAS while the SCCRA Plan indicates support for the development of a
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smaller replacement power plant within the SCCRA Plan, this support was based on
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various assumptions that are no longer applicable, and conditions which were not and
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have not been satisfied with the proposed CECP project; and
20 WHEREAS, the Housing and Redevelopment Commission, as the legislative
21 body for the Carlsbad Redevelopment Agency, has determined that the CECP proposal
22 is not in compliance with the SCCRA Plan and, therefore, does not approve or support
23 the CECP proposal.
24 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
25 Commission of the City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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1 2. That the City Council has reviewed the record of information available to the
2 California Energy Commission, and based on that review finds that the
proposed CECP does not comply with applicable land use and related
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regulations of the City of Carlsbad.
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3. That the City Council also finds that the proposed CECP will create significant
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negative public safety and visual impacts, and will have other negative
g environmental impacts.
9 4. That, if constructed, the CECP will negatively affect the community's quality of
10 life, including the areas located within the South Carlsbad Coastal
11 Redevelopment Area.
12 5. That the Housing and Redevelopment Commission hereby accepts the City
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Council's determination that the proposed CECP is inconsistent with
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applicable local and related land use laws, ordinances, regulations, and
., standards, which are also applicable to all projects within the South Carlsbad16
17 Coastal Redevelopment Area.
18 6. That the Housing and Redevelopment Commission is of the opinion that the
19 California Energy Commission should recognize and accept the City's
90 expertise in its determination that the CECP does not comply with applicable
21 local and related land use regulations and should give serious consideration
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and due deference to both the Council and the Commission's position in its
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deliberations on said CECP.
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7. That the Housing and Redevelopment Commission hereby determines that
25 the proposed CECP does not comply with the South Carlsbad Coastal
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1 Redevelopment Plan from a land use compliance perspective, as determined
2 by the City of Carlsbad, and also does not provide for an extraordinary public
purpose with related findings for such as required by the Plan.
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8. That the Housing and Redevelopment Commission opposes said project and
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finds that the CECP, as proposed, should not be approved by the California
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Energy Commission for the above stated reasons and per the noted findings.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council and the Housing and Redevelopment Commission of the City of Carlsbad on
the 22nd day of December, 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
CLAUDE A. LEWIS, MAY(
ATTEST:
LORRAINE
(SEAL)
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CITY
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