HomeMy WebLinkAbout1971-02-24; City Council; 372; Puplic Utility (P-U) zoneTHE CITY O F CARLSBAD,CALIFORNIA
Agenda Bill No.
'Referred To: CITY COUNCIL
Date: FEBRUARY 24, 1971
Subject: pyBLIC UTILITY(P-U) ZONE -
Amending Ord. #9060 to create same
Submitted By: "-=~
Planning Commission and
" Department
Statement of the Matter
Following many months in a Planning Commission "work committee" and
discussions by staff with a utility comp-any, the recommendations
incorporated in resolution referenced below, represent the final
draft and efforts on this new zone. The staff report further explains
the uses involve'd and reasons for including them in the City's zoning
ordinance.
Exhibit
1 - Staff Report dated 2/19/71
2 - Planning Commission .Res. 690, adopted 2/23/71
3- Resolution #1830 of the City Council.
4- Ordinance #9268.
Staff Recommendations
Adopt the text as set forth in .Res. 690, creating a new P-U Zone
Afl Wo.Date.- February 24, 1971
City Manager's Recommendation -" •
This new .zone has been discussed with City Manager prior to the staff
rep.ort recommendation to approve same.
Council Action
<?*•&» a^^i/uAxUtft f
February 19, 1971
TO:
FROM:
SUBJECT:
PLANNING COMMISSION
CITY MANAGER
Proposed PU (Public Utility Zone)
Section 1 - Technical Report
1. The PU (public utility zone) is a new zone classification
permitting the following uses:
a. Generation and transmission of electrical energy;
b. Public utility district maintenance, storage and
operating facilities;
c. Municipal maintenance and storage facilities;
d. Processing, using and storage of:
1. Natural Gas
2. Liquid Natural Gas
3. Domestic and Agriculture Water Supplies.
e. Using and storage of:
1. Fuel Oils.
f. Agriculture
g. Open Space and Recreation
h. Any sub-use deemed necessary to conduct said activities,
providing there shall not be permitted any use which
shall create offensive smoke, noxious gas or odor, sound
vibration, or lighting and atmospheric pollution.
2. This zone will compliment the use of the existing PM (Planned
Industrial Zone), PC (Planned Community Zone) and R-D-M
(Residential Density Multiple Zone) in that it is a "performance-
type" zone.
Proposed PU (Public Utility Zone) February 19, 1971
Page Two.
3. It will also serve more directly as a General Plan implementing
device. In a similar fashion as the performance type zones
mentioned in No. 2.
4. It was conceived to prevent possible nuisances and to enhance
neighborhood quality by providing extensive design elements
through development within the zone.
Section 2 - Staff Recommendation
Many months have been spent in smoothing out potential problems
in this proposed zone. It is the staff's recommendation that the
PU Zone be adopted.
Section 3 - Reasons for Approval
1. This PU zone will be directly applicable to implementing The
General Plan.
2. It will provide the City with sufficient controls to prevent
possible public nuisances and to enhance neighborhood quality.
3. It is in keeping with the trend toward performance zoning as
in the case of the PM, PC and R-D-M zones.
J. W. Arnold
City Manager
JBA/lo
cc: Planning Department
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(PUBLIC UTILITY) ZONE
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PLANNING COMMISSION RESOLUTION NO.690
A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN
AMENDMENT TO ORDINANCE NO. 9060, CREATING A P-U
The Planning Commission of the City of Carlsbad does hereby
resolve as follows:
WHEREAS, the Planning Commission did on the 26th day of
January, 1971, adopt Resolution of Intention No. 77 to amend
Ordinance No. 9060, thereby adding a P-U(Public Utility) Zone, by
adding Article 13.55 to the ordinance.
WHEREAS, said Planning Commission did on the 23rd day of
February, 1971, hold a duly advertized public hearing as prescribed
by. law, to consider an amendment to Ordinance No. 906 by adding
Article 13.55, creating a P-U(Public Utility) Zone, to read as
follows:
'Section 1355: P-U(PUBLIC UTILITY) ZONE: This zone is created to
provide an area for the development of certain public utility uses.
The following uses only shall be permitted in the Public
Utility Zone, unless as may be otherwise provided for in this
Ordinance:
A. Each parcel shall be used only for:
(1) Generation and transmission of electrical energy;
(2) Public utility district maintenance, storage and
operating facilities;
(3) Municipal maintenance and storage facilities;
(4) Processing, using and storage of:
a. Natural Gas
b. Liquid Natural Gas
c. Domestic and Agricultural Water Supplies.
(5) Using and storage of:
a. Fuel Oils
(6) Agriculture
(7) Open Space and Recreation
(8) Any sub-use deemed necessary to conduct said activities,
providing there shall not be permitted any use which
shall create offensive smoke, noxious gas or odor, sound
vibration, or lighting and atmospheric pollution.
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Section 1356? SPECIFIC PLAN: The public utility shall submit to
the Carlsbad Planning Commission and City Council a Specific Plan
for adoption by said bodies, in conjunction with a public hearing
concerning reclassificatlon to subject Public Utility Zone. Said
plan shall comply with the provisions of Sections 03, 04, 05 and 06
and shall in general delineate the following:
ri 1. Indicate locations/ bulk and height, of structures, including
buildings, storage tanks, and transmission facilities;8
2. Open space, which would Include agriculture, recreation and
landscaped areas;
3. Any other appropriate use listed under Item A, Section 1355,
~~. of this ordinance.
12 Section 1357.- MINOR REVISIONS OF PLAN: Any modifications from the
13 original plan still in keeping with the Intent and concept of said
plan, may be filed 1 with the Planning Department for approval.
Section 1358: YARD SETBACKS: Yard setbacks shall be as follows,
except in the approval of a Specific Plan, lesser yard setbacks may
-I rtJ-' be permitted.
A. Front Yards - shall not be less than 50 feet;
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B. Side Yards - adjoining a street, shall not be less than 30
feet; all other side yards, shall not be less
than 20 feet.
C. Rear Yards - shall not be less than 25 feet.
22 Section 1359: AREA REQUIREMENTS: The minimum lot area shall be
23 One(l) acre, except when application for a Specific Plan has been
24 approved, a smaller lot size may be permitted,
25 Section 1360.- PERMISSABLE LOT COVERAGE: All buildings. Including
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accessory buildings and structures, shall not cover more than 50
27 percent of the area of the lot.
28 Section 1361: LANDSCAPING AND PARKING REQUIREMENTS:
29 A. No parking or loading area shall be located:
30 (1) in a front, side, or rear yard adjoining a street;
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(2) within ten (10) feet of an Interior side or rear property
32 line,
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Section 1361: (Continued;
B. Except for approved ways of Ingress and egress, parking and
loading areas, all required yard areas shall be:
(1) Permanently landscaped with a combination of one or
more -- lawn, shrubs, trees and flowers;5
(2) Served by a water irrigation system and be supplied
with bubblers and sprinklers;
7 (3) No walls and/or fences over four(4) feet in height may
o be constructed in any area where landscaping is required;o
g (4) All plans for such landscaped areas shall be subject to
approval of the City Planning Department, prior to
10 construction and placement thereof;
-,-, (5) Offstreet parking areas shall be landscaped in accordance
with Ordinance No. 9181;
12 (6) All outdoor storage,Including equipment, shall be
completely enclosed by a solid concrete or masonry wall
not less than six(6) feet In height; said wall shall
screen the stored materials from the view of the adjoin-
ing properties or streets. If due to site conditions and
in addition to the wall, complete visual screening of
stored materials is not possible, trees and other plant
15 materials shall be used to obtain maximum visual screening.
17 tfHBREAS, at said public hearing the said Commission received
18 the recommendations/ objections, protests and comments of all
19 individuals and parties who desired to be heard;
20 ffHEREAS , said Commission did find the following facts and
21 reasons to exist which make said amendment necessary to carry out
22 the provisions and general purpose of Ordinance No. 9060:
23 i. This public utility zone will be directly applicable to
Implementing the General Plan.
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2. This zone will provide the City with sufficient controls to
25 prevent possible public nuisances and to enhance neighborhood
quality.
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3. Jt is in keeping with the trend towards performance zoning as
27 in the case of the P-M, P-C and RD-M Zones.
28 SOW, THEREFORE, BE IT RESOLVED that said Amendment to Ordinanc^
29 NO. 9060, by adding Article 1355, is hereby recommended to be ap-
30 proved,
31 AND FINALLY RESOLVED, that a copy of this resolution be forwarty-
•zr)0<i ed to the City Council for its attention, in the manner prescribed
by law,
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AYES: Commissioners Josef Dewhurst, Domlnguez, Forman,
Hermsen, Palmateer, and Little5
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ROBERT T. LITTLE, Chairman
ATTEST:
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on the 23rd day of February,
1971, by the following vote, to wit:
NOES: None
ABSENT: None.
JACK L. FORMAN, Secretary
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' RESOLUTION NO. 1830
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD ANNOUNCING FINDINGS AND DECISION
RELATING TO THE PROPOSED AMENDMENT TO ORDINANCE
NO. 9060, BY ADDING THERETO ARTICLE 13.55,
CREATING A P-U (PUBLIC UTILITY) ZONE.
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WHEREAS, on the 23rd day of February, 1971, the Carlsbad6|
City Planning Commission adopted Resolution No. 690, which is
herewith referred to and made a part hereof; andiI WHEREAS, the Carlsbad City Council has. published notice that
a hearing would be held on March 16, 1971, at 7:30 o'clock P.M., at
which hearing tKe proposed amendment would be considered; and
WHEREAS, the City Council has received all recommendations and
heard all persons interested in or opposed to the proposed
amendment;
NOW, THEREFORE, the City Council of the City of Carlsbad does15 i
hereby find, and adopt as the findings of the City Council the
_ recommendations, of the planning Commission as set forth in the
above referenced resolution of the Planning Commission.18
IT IS HEREBY CERTIFIED by the City Council that the approval
of the proposed amendment is necessary to carry out the general
puspose of Ordinance No. 9060 as amended.
IT IS HEREBY DECLARED by the City Council of the City of
Carlsbad that said City Council intends to adopt an ordinance to
effectuate the proposed amendment.
IT IS HEREBY ORDERED THAT the City Attorney is instructed to
prepare an ordinance amending Ordinance No. 9060 to effectuate
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the amendment.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held on the 16th day of March, 197.1, by the
following vote, to wit;
4 AYES:
5 NOES:
6 I ABSENT;
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D. M. DUNNE, Mayor of the City of10; . Carlsbad, California
11 ATTEST;
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14! MARGARET E. ADAMS,
15j City Cleric
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17 CSEAL)
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AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING
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CREATING A P-U (PUBLIC UTILITY) ZONE.
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ORDINANCE NO. 9268
ORDINANCE NO. 9060 BY ADDING ARTICLE 13.55,
The City Council of the City of Carlsbad does ordain as
fol1ows:
SECTION 1 : Ordinance No. 9060 is hereby amended by adding
thereto Article 13.55, creating a P-U (Public Utility) Zone, which
shall read as follows:
Section 13.55: P-U (PUBLIC UTILITY) ZONE: This zone is
created to provide an area for the development of certain public
u t i1i ty uses.
The following uses only shall be permitted in the Public
Utility Zone, unless as may be otherwise provided for in this
Ordi nance.
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(7) Open Space and Recreation
251 (8) Any sub-use deemed necessary to conduct said activities
jl providing there shall not be permitted any use which
26;j shall create offensive smoke, noxious gas or odor,
il sound vibriation, or lighting and atmospheric pollution
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' Section 13.56: SPECIFIC PLAN: The public utility shall28
submit to the Carlsbad Planning Commission and City Council a
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pecific Plan for adoption by said bodies, in conjunction with a
n;:>ublic hearing concerning reel assifi cation to subject Public Utility
O-I.
ilone. Said plan shall comply with the provisions of Section 03, 04,32
)5 and 06 and shall in general delineate the following:
Each parcel shall be used only for:
(1) Generation and transmission of electrical energy;
(2) Public utility district maintenance, storage and
operating facilities;
(3) Municipal maintenance and storage facilities;
(4) Processing, using and storage of:
a. Natural Gas
b. Liquid Natural Gas
c. Domestic and Agricultural Water Supplies.
(5) Using and storage of:
a. Fuel Oils
(6) Agriculture
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Section 1356: (continued)
1. Indicate locations, bulk and height, of structures,
including buildings, storage tanks, and transmission
faci1ities;
2. Open space, which would include agriculture, recreation
and landscaped areas;
3. Any other appropriate use listed under Items A, Section
1355, of this ordinance.
Section 1357: MINOR REVISIONS OF PLAN: Any modifications
from the original plan still in keeping with the intent and concept
of said plan, may be filed with the Planning Department for approval
Section 1358: YARD SETBACKS: Yard setbacks shall be as
fellows, except in the approval of a Specific Plan, lesser yard
setbacks may be permitted.
A. Front Yards - shall not be less than 50 feet;
B. Side Yards - adjoining a street, shall not be less
than 30 feet; all other side yards,
shall not be less than 20 feet.
C« Rear Yards - shall not be less than 25 feet.
Section 1359: AREA REQUIREMENTS: The minimum lot area shall
be One (1) acre, except when application for a Specific Plan has
been approved, a smaller lot size may be permitted.
Section 1360: PERMISSABLE LOT COVERAGE: All buildings,
including accessory bui1dings ' and structures, shall not cover more
than 50 percent of the area of the lot.
Section 1361 : LANDSCAPING AMD PARKING REQUIREMENTS:
A. No parking or loading area shall be located:
p) in a front, side, or rear yard adjoining a street;
(2) within ten (10) feet of an interior side or rear
property line.
B. Except for approved ways of ingress and egress, parking
and loading areas, all required yard areas shall be:
(1) Permanently landscaped with a combination of one
or more -- lawn, shrubs, trees and flowers;
(2) Served by a water irrigation system and be supplied
with bubblers and sprinklers;
(3) No walls and/or fences over four (4) feet in height
may be constructed in any area where landscaping
is required;
(4) All plans for such landscaped areas shall be subject
approval of the City Planning Department, prior to
construction and placement thereof;
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Section 1361: (continued)
(5) Offstreet parking areas shall be landscaped in
accordance with Ordinance No. 9181;
(6) All outdoor storage, including equipment, shall
be completely enclosed by a solid concrete or
masonry wall not less than six (6) feet in height;
said wall shall screen the stored materials from
view of the adjoining properties or streets.
If due to site conditions and in addition to the
wall, complete visual screening of stored
materials is not possible, trees and other plant
materials shall be used to obtain maximum visual
SECTION 2. EFFECTIVE DATE. This ordinance shall take
effect immediately because it is for the immediate preservation
of the public peace, health, and safety in that there is presently
no Public Utility Zone in force in the City of Carlsbad and there
is immediate need for such a zone so that property may be so
classified and thereafter developed, and no other zone allows the
development and uses of this zone.
SECTION 3: PUBLICATION. The City Clerk of the City of
Carlsbad is hereby directed to cause this ordinance to be published
once in the Carlsbad Journal, a newspaper published and of general
circulation in said City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held on the /^ day of
_ » 1971, by the following vote, to wit:
AYES:
NOES:
ABSENT
D. M. DUNNE, Mayor of the
28'i City of Carlsbad, California
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ATTEST:
MARGARET E. ADAMS, City Clerk
(SEAL)
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