HomeMy WebLinkAbout1989-08-02; Planning Commission; Resolution 2900d 0 e
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PLANNING COMMISSION RESOLUTION NO. 2900
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBI
CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDME1 AMENDING TITLE 21, CHAPTER 21.42, 21.53, 21.30, 21.32, and 21.: OF THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION OF SUBSECTION 21.42.010(15), 21.53.250, 21.30.010(29), 21.32.010(35), ( 21.34.020(11), TO PROHIBIT ON-SHORE OIL AND GAS FACILITIES.
CASE NO.! ZCA 89-1
APPLICANT: CITY OF CARLSBAD
! WHEREAS, the Planning Commission did on the 2nd day of August,
7 a duly noticed publ ic hearing as prescribed by law to consider said rc
8 WHEREAS, at said publ ic hearing, upon hearing and consil
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Commission considered all factors relating to the Zone Code Amendmer 10
testimony and arguments, if any, of all persons desiring to be h
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con
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the following findings. dated August 2, 1989, attached hereto and made a part hereo 15
Commission recommends APPROVAL of ZCA 89-1, according to E: B) That based on the evidence presented at the public he 14
A) That the foregoing recitations are true and correct.
''11 Findinqs:
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18 which will generally be more compatible with such facilitie facilities except in the C-M, M, and P-M Zones which allo\ 1. The proposed amendment will prohibit on-shore oil and <
19 found in other zones.
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are true which will assure that all potenti a1 adverse 21
2- On-shore support facilities will require the approval of a use permit in addition to determining that all of the prop05
identified and mitigated.
nn II iGk 3. The proposed amendments will not cause any significant el
23 Director on June 7, 1989 and recommended for APPROVAL by 1
impacts and a Negative Declaration has been issued by t
24 Commission on August 2, 1989.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day o 1
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1989, by the following vote, to wit:
AYES: Chairman Hal 1, Commissioners: Schl ehuber, Schramm, f
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NOES : None. 5
McFadden, Holmes & Marcus.
6 ABSENT: None.
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ABSTAIN : None.
CARLSBAD PLANNING COMMISSION
I.1 /I ATTEST: 12
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AugL
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL
CODE TO PROHIBIT ON-SHORE OIL FACILITIES EXCEPT IN THE C-
M, M AND P-M ZONES UPON CERTAIN FINDINGS AND CONDITIONS.
The City Council of the City of Carl sbad does
follows:
SECTION I: Title 21 , Chapter 21.42 of the Carl sbac
Code is amended by the amendment of Section 21.42.010 to add
21.42.010(15) to read as follows:
"(15) In the C-M, M and P-M zones, on-shore o facilities including, but not limited to processing plants, refineri facilities, transfer stations, pipelines, warehouses, officc terminals, he1 icopter pads and the 1 i ke are prohibited except upon the City Council that: (a) Approval of the proposed project and will pose no danger to life and property to residents of the ne
community or City. (b) Approval of the proposed project will potential threat of damage or injuries to nearby residents. (c) The benefits of the proposed projc outweigh the possible adverse environmental effects. (d) There are no feasible alternatives to I project; and (e) The location and approval of tl facilities at the particular location clearly outweigh any potent pub1 ic health, safety, peace, morals, comfort, and general welfarc residing or working in the neighborhood or community and w detrimental or injurious to property in the neighborhood, communi1 general we1 fare of the City. Such facilities shall require a planned indust pursuant to Chapter 21.34 and conditional use permit pursuant 21.50."
SECTION 11: That Title 21 , Chapter 21.53 of '
Municipal Code is amended by the addition of Section 21.53.250
foll ows:
"21.53.250 On-shore oil and qas facilities. except C-M, M and P-M on-shore oil and gas facilities includi limited to, processing plants, refineries, storage facil itic stations, pipelines, warehouses, offices, tanker terminals, helico the 1 i ke are prohibited."
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SECTION 111: That Title 21, Chapter 21.30 of the
Municipal Code is amended by the addition of subsection 21.30.010(2C
as fol 1 ows :
"(29) On-shore oil and gas facilities subjec provisions of Section 21.42.010(15) .'I
SECTION IV: That Title 21, Chapter 21.32 of thc
Municipal Code is amended by the addition of subsection 21.32.010(3
as foll ows:
"(35) On-shore oil and gas facilities subjec provisions of Section 21.42.010(15) .I'
SECTION V: That Title 21, Chapter 21.34 of thc
Municipal Code is amended by the addition of subsection 21.34.020(1
as foll ows:
"(11) On-shore oil and gas facilities subje provisions of Section 21.42.010(15)."
EFFECTIVE DATE: This ordinance shall be effective
after its adoption, and the City Clerk shall certify to the adopt'
ordinance and cause it to be pub1 ished at least once in the Carl sl
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of t
City Council on the day of
thereafter
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PASSED AND ADOPTED at a regular meeting of the Cii
of the City of Carl sbad on the day of
by the following vote, to wit:
AYES:
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
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11 CLAUDE A. LEWIS, Mayor
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ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL
CODE TO PROHIBIT ON-SHORE OIL FACILITIES EXCEPT IN THE C- M, M AND P-M ZONES UPON CERTAIN FINDINGS AND CONDITIONS.
The City Council of the City of Carlsbad does
fol 1 ows :
SECTION I: Title 21, Chapter 21.42 of the Carlsbad
Code is amended by the amendment of Section 21.42.010 to add
21.42.010(15) to read as follows:
"(15) In the C-M, M and P-M zones, on-shore oi facilities including, but not limited to processing plants, refinerie facilities, transfer stations, pipelines, warehouses, office: terminals, helicopter pads and the like are prohibited except upon f the City Council that:
will pose no danger to life and property to residents of the nei community or City.
potential threat of damage or injuries to nearby residents.
outweigh the possible adverse environmental effects.
project ; and
(a) Approval of the proposed project and
(b) Approval of the proposed project will
(c) The benefits of the proposed projec
(d) There are no feasible a1 ternatives to th
(e) The 1 ocat ion and approval of the facilities at the particular location clearly outweigh any potenti pub1 ic health, safety, peace, morals, comfort, and general we1 fare residing or working in the neighborhood or community and wi' detrimental or injurious to property in the neighborhood, cornmunit) general welfare of the City. Such facilities shall require a planned industr pursuant to Chapter 21.34 and conditional use permit pursuant 21.50. I'
SECTION 11: That Title 21 , Chapter 21.53 of th
Municipal Code is amended by the addition of Section 21.53.250
foll ows:
"21.53.250 On-shore oil and qas facilities. In except C-M, M and P-M on-shore oil and gas facilities includinc limited to, processing plants, refineries, storage facilities
the 1 ike are prohibited." stations, pipelines, warehouses, offices, tanker terminals, he1 icopt
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SECTION 111: That Title 21, Chapter 21.30 of the
Municipal Code is amended by the addition of subsection 21.30.010(2!
as fol 1 ows :
"(29) On-shore oil and gas facilities subjec
provisions of Section 21.42.010(15)."
SECTION IV: That Title 21, Chapter 21.32 of thc
Municipal Code is amended by the addition of subsection 21.32.010(3'
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"(35) On-shore oil and gas facilities subjec
provisions of Section 21.42.010(15)."
SECTION V: That Title 21, Chapter 21.34 of thl
Municipal Code is amended by the addition of subsection 21.34.020(1 10
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as foll ows:
"(11) On-shore oil and gas facilities subjel
provisions of Section 21.42.010(15)."
EFFECTIVE DATE: This ordinance shall be effective 4
after its adoption, and the City Clerk shall certify to the adopt;
ordinance and cause it to be pub1 ished at least once in the Carl st
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of t
City Council on the day of
thereafter
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I1 PASSED AND ADOPTED at a regul ar meeting of the Ci t 1
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of the City of Carlsbad on the day of
by the following vote, to wit:
AYES:
NOES :
ABSENT:
6 // APPROVED AS TO FORM AND LEGALITY
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9 VINCENT F. BIONDO, JR., City Attorney
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11 CLAUDE A. LEWIS, Mayor
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ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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